India SriLanka 13th Amendment

The Sri Lankan Conundrum
A quick Rejoinder:
Sri Lanka has been inhabited by both Tamils and Sinhalese for more than two millennia now.
Though native Sri Lankan Tamils are distinct in many ways from the Sinhalese, studies show
that both are related ethnically.
Sri Lankan Tamils can be broadly divided into 2 categories 1.Native Sri Lankan Tamils who
have lived for more than two millennia and 2.Plantation Tamils who were brought by the
British to Sri Lanka from India to work in the tea plantations around the 18th and 19th
centuries.
The Sri Lankan Tamils also show some genetic similarities to Indian Tamils.
Anatomy of a Crisis:
The current tension between Sri Lankan Tamils and the Sinhalese is relatively recent and its
origins can be traced to the post-Independence period. Sri Lanka gained Independence from
Britain in 1948 and ever since, tensions have exacerbated between the two ethnic
communities. There is also a point of view that the tensions between them go much further
back in time and that the two communities have never been at peace with each other.
Indo-Sri Lanka Accord & the 13th Amendment:

The Indo-Sri Lanka Accord was a diplomatic agreement between India & Sri Lanka signed
by Indian Prime Minister Rajiv Gandhi & Sri Lankan President JR Jayawardene in 1987
(hence it is also known as the Rajiv-Jayawardene Accord). It was Indias first attempt at
demonstrating its military might overseas; post the 1971 Bangladesh Liberation War. The
broad objectives of the accord were
1. Protect the interests of the Tamil minority in Sri Lanka.
2. Repatriation of Indian citizens in Sri Lanka & Sri Lankan citizens in India to their respective
countries.
3. Elections to the Provincial councils to be held with Indian observers.
4. Deployment of an Indian Peace-keeping Contingent to guarantee and enforce the cessation of
hostilities between the Sri Lankan Army and Tamil militants.
The 13th
Amendment of the Sri Lankan Constitution

(referred
to
simply
as
The 13th Amendment) was a direct outcome of the Indo-Sri Lankan accord.
According to this
1. The Northern & Eastern provinces were to be merged based on a referendum of the people
living there.
2. Legislative powers to be granted to the Provinces via provincial councils & executive powers
via a Board of Ministers & Chief Minister.

3. Power to be devolved to the provinces.
Why the IPKF was a failure

The Indian Peace-Keeping Force was deployed in Sri Lanka with an objective to guarantee
and enforce the cessation of hostilities between the Sri Lankan Army & Tamil militants.
This, unlike the case of Bangladesh, was a rather vague objective. In the case of Bangladesh,
the then East Pakistan had descended into civil war. The West Pakistan Army was involved in
major atrocities in East Pakistan leading to a major humanitarian crisis as a result of which
almost 10 million East Pakistanis fled to India8.
However, in Sri Lanka, no such crisis existed when the IPKF was deployed. Moreover, its
role was not clearly defined and was continuously changing. In a short span of time, the
IPKFs role changed from peace-keeping to peace-enforcing (which meant suppression
of the LTTE in collaboration with the Sri Lankan forces). The local Tamil population which
initially viewed the presence of the IPKF favourably now turned hostile to it, with the people
actively providing inputs to the LTTE. This resulted in a large number of casualties to the
IPKF. Back home in India too, the IPKFs actions turned the people of Tamil Nadu against it.
Finally, at the request of President Premadasa, the IPKF finally left Sri Lanka a failed
mission that was never clearly defined that left more than 1200 Indian soldiers dead.
It is also pertinent to note that the Jain Commission, which was set up to inquire into Rajiv
Gandhis assassination, observed that the LTTE had previously received arms training in
India in the early 1980s.
Was Indian intervention justified?

Indias intervention in Sri Lankas fight with the LTTE has been an issue of much
controversy. Indias actions, though well-intentioned, left much to be desired in the form of
intervention that left a bitter aftertaste both within India and Sri Lanka. Indias intervention in
Sri Lanka was chiefly formulated by its successful intervention in Bangladesh in 1971,
however there were a few key differences that were overlooked.
The IPKF was not a humanitarian intervention as it was the result of a Diplomatic agreement
between two nations.
The IPKF broke its peace-keeping mission when it got involved in major military operations
against LTTE.
Ultimately, Indias intervention in Sri Lanka was a major failure resulting in not only the
death of 1200 Indian soldiers, but also the assassination of a former Indian Prime Minister.
Internationally too, India lost much support owing to its intervention.
Rajiv Gandhis death:

Rajiv Gandhi, former Prime Minister of India, was assassinated by the LTTE on May 21,
1991 when he was campaigning for the Congress party for the upcoming General Elections in
Sriperumbudur, near Chennai. The Special Investigation Team appointed to probe the death
concluded that the LTTE carried out the suicide bombing both to avenge Rajiv Gandhis
deployment of the IPKF in 1987 as well as his election promise that he would re-deploy the
IPKF to disarm the LTTE if he returned to power in the subsequent elections.
Premadasas death:
Barely 2 years after Rajiv Gandhis assassination, Sri Lankan President Ranasinghe
Premadasa was killed by an LTTE suicide bomber. He was instrumental in getting the IPKF
to withdraw from Sri Lanka. A Sri Lankan Presidential Commission 9 set up to inquire into the
death of a senior Sri Lankan army officer, Lt Gen Denzil Kobbekaduwa, also concluded that
President Premadasa had himself supplied arms to the LTTE to fight the IPKF.
LTTE meets its fate:

President Mahinda Rajapakses brother & Defence Secretary Gotabhaya Rajapaksa and
Commander of the Sri Lankan Army, Sarath Fonseka led the countrys armed forces in the
battle against the LTTE, ultimately defeating them and killing Vellupillai Prabhakaran,
LTTEs self-styled supremo in May 2009, thus bringing to an end more than two decades of
one of the bloodiest insurgencies in the world.
Human Rights Violations & the UN Resolution:

According to the Report of the (United Nations) Secretary-General's Panel of Experts on
Accountability10 in Sri Lanka, the armed forces committed serious war crimes in the last
months of the war (in 2009), including the death of more than 40,000 civilians who died
from shelling and bombings as well as cold blooded executions.
"The major human rights problems were attacks on and harassment of civil society activists,
persons viewed as LTTE sympathisers, and journalists by persons allegedly tied to the
government, creating an environment of fear and self-censorship, involuntary disappearances
as well as lack of accountability," the US State Department's Country Reports on Human
Rights Practices for 2012 said6.
In March 2013, the United Nations passed a resolution in the UN Human Rights Council
session in Geneva criticizing the Sri Lankan human rights record and encouraged Sri Lanka
to conduct an independent & credible investigation into alleged war crimes.
India was among the 25 countries that voted for this resolution which was sponsored by the
USA. Notably, Pakistan, and China voted against the resolution in support of Sri Lanka.
The Scenario Today

Dilution of the 13th Amendment
The Sri Lankan government recently announced proposals to curb some of the powers
granted to the Provinces in accordance with the 13 th Amendment. This has met with
widespread opposition both within Sri Lanka as well as internationally, specifically India.
Why SL Tamils/Tamil National Alliance (TNA) oppose the

Dilution of the 13th Amendment:
1. It provides a bulwark against majority domination of minority Tamils.
2. It gives minorities, especially Tamils, some level of self-governance. Under this, Provinces
(and not the Centre) have some authority on citizens' lives.
3. It provides some guarantees to minorities that their status as regional decision-makers wont
be diluted through demographic manipulation of areas of historical habitation of Tamilspeaking people.
Why India opposes the dilution:

1. India feels it (the dilution) is unjust & undemocratic. Though India respects Sri Lanka's
sovereignty, it is bound by historical ties to the island nation.
2. Dilution would mean going back on the Indo-Sri Lankan Accord, an agreement between
two sovereign nations. It would mean violation of International Treaty Obligations.
3. Increased minority discontent & tensions would have strong repercussions in India,
especially in Tamil Nadu, which has much support for the Tamil cause.
Elections in the Northern Province

Provincial Councils in Sri Lanka were created in 1988 as a direct consequence of the Indo-Sri
Lankan Accord, which also required the merger of the Eastern & Northern Provinces into one
administrative unit. In September 1988, President Jayewardene issued proclamations
enabling the Northern & Eastern Provinces to be one administrative unit, creating the North
Eastern Province. Elections were held later in 1988 which were won by a secessionist party.
Subsequently, the Chief Minister of the North Eastern Province, Annamalai Varadaraja
Perumal, moved a motion in the North Eastern Provincial Council declaring an independent
Eelam. President Premadasa reacted by dissolving the provincial council and imposing direct
rule
on
the
province.
The first elections to the Northern Province after 1988 were held on September 21, 2013.
These were won by the Tamil National Alliance, an amalgamation of moderate Tamil parties
and former LTTE sympathizers. C.V.Wigneswaran, former judge of the Supreme Court of Sri
Lanka will be the new Chief Minister of the Northern Province.
Conclusions
The Provincial Council Elections that were recently conducted in Sri Lanka are a major step
forward in the integration of Tamils into mainstream Sri Lankan nationhood. Yet, this is just
the first of many steps that the Sri Lankan Government must take to achieve this integration.
The Sri Lankan Govt must also consider setting up a War Crimes Tribunal to bring to book
the perpetrators of the atrocities committed on Tamils towards the conclusion of the war.
For Indias part, while it is important for us to actively monitor and aid in the resettlement of
Tamils currently in camps for Internally Displaced Persons (IDPs), it is imperative that we
respect Sri Lankas sovereignty.
India is currently involved in the construction of 50,000 houses in Sri Lanka as part of its aid
in the post-war reconstruction11 of Sri Lanka.
The Sri Lankan Govt must foster the redevelopment of a people weary after almost three
decades of war and actively involve them in administrative decisions.
Only such inclusive efforts will help build trust and lead to a long term solution to the
problem of Tamils in Sri Lanka.
REFERENCES:
1.
Shekhar Guptas articles in Indian Express
2.
Sri Lanka: The Untold Story - http://www.sangam.org/ANALYSIS/AsiaTimes.htm
3.
TheHindu
http://www.thehindu.com/opinion/lead/looking-back-at-the-indosri-lanka-accord/article538650.ece
http://www.thehindu.com/opinion/op-ed/dangerous-games-with-devolution/article4847181.ece
http://www.thehindu.com/opinion/op-ed/why-india-needs-to-vote-for-un-resolution-on-srilanka/article4530401.ece
4.
Wikipedia
5.
Morality and Legitimacy of Indias Interventions in East Pakistan & Sri Lanka - Abhishek Singh
6.
http://indiatoday.intoday.in/story/sri-lanka-tainted-by-major-human-rights-problems-2012-us-report-indiatoday/1/266931.html
7.
http://www.asianews.it/news-en/UN-publishes-report-on-war-crimes.-Colombo-protests-21391.html
8.
http://news.bbc.co.uk/hi/english/static/in_depth/south_asia/2002/india_pakistan/timeline/1971.stm
9.
http://expressindia.indianexpress.com/news/ie/daily/19980418/10850534.html
10. http://www.un.org/News/dh/infocus/Sri_Lanka/POE_Report_Full.pdf
11. http://thecalibre.in/in-depth-current-affairs/indias-aid-to-sri-lanka-in-post-war-reconstruction/102012/?p=1884/
Authors Details:
Kaushik T.G.

India SriLanka 13th Amendment

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India SriLanka 13th Amendment

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The Sri Lankan Conundrum

Indo-Sri Lanka Accord & the 13th Amendment:

hostilities between the Sri Lankan Army and Tamil militants.

Amendment of the Sri Lankan Constitution

via a Board of Ministers & Chief Minister.

Why the IPKF was a failure

Was Indian intervention justified?

Rajiv Gandhis death:

LTTE meets its fate:

Human Rights Violations & the UN Resolution:

The Scenario Today

Why SL Tamils/Tamil National Alliance (TNA) oppose the

Why India opposes the dilution:

Elections in the Northern Province

Shekhar Guptas articles in Indian Express

Sri Lanka: The Untold Story - http://www.sangam.org/ANALYSIS/AsiaTimes.htm

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