Sri Lanka’s Constitution – Strides in the Right Direction

Sri Lanka’s Constitution – Strides in the Right Direction

Private: Sri Lanka pledges full implementation of 13th Amendment 

Note4Students

From UPSC perspective, the following things are important :

Prelims level: 13th Amendment

Mains level: Sri Lankan Tamil issue

tamil

The Sri Lankan government will “fully implement” the 13th Amendment, promised President Ranil Wickremesinghe.

What is the 13th Amendment?

  • It is an outcome of the Indo-Lanka Accord of July 1987, signed by the then PM Rajiv Gandhi and President J.R. Jayawardene, in an attempt to resolve the ethnic conflict and civil war.
  • The 13th Amendment led to the creation of Provincial Councils and assured a power-sharing arrangement to enable all nine provinces in the country, including Sinhala majority areas, to self-govern.
  • Subjects such as education, health, agriculture, housing, land and police are devolved to the provincial administrations.

Why is it contentious?

  • The 13th Amendment carries considerable baggage from the country’s civil war years.
  • It was opposed vociferously by both Sinhala nationalist parties and the LTTE.
  • The opposition within Sri Lanka saw the Accord and the consequent legislation as an imprint of Indian intervention.
  • It was widely perceived as an imposition by a neighbor wielding hegemonic influence.
  • The Tamil polity, especially its dominant nationalist strain, does not find the 13th Amendment sufficient in its ambit or substance.
  • However, some find it as an important starting point, something to build upon.

Why India objects over this?

  • Because of restrictions on financial powers and overriding powers given to the President, the provincial administrations have not made much headway.
  • In particular, the provisions relating to police and land have never been implemented.

Why is it significant?

  • Till date, the Amendment represents the only constitutional provision on the settlement of the long-pending Tamil question.
  • In addition to assuring a measure of devolution, it is considered part of the few significant gains since the 1980s, in the face of growing Sinhala-Buddhist majoritarianism.

Tamil issue in Sri Lanka

  • Violent persecution against the Tamil population erupted in the form of the 1956, 1958, 1977, 1981, and 1983 anti-Tamil pogroms in Sri Lanka.
  • Over 13 years since the end of Sri Lanka’s civil war, in which tens of thousands of civilians were killed and disappeared, survivors continue demanding justice and accountability for war-time crimes.
  • In the post-war years, Sri Lanka’s human rights defenders have frequently flagged concerns over persisting militarisation, especially in the Tamil-majority north and east; repression, and the shrinking space for dissent.

 

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Sri Lanka’s Constitution – Strides in the Right Direction

India raises Sri Lankan Tamil issue in UN

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Read the attached story

gyanvapi

India voiced concern over the “lack of measurable progress” in Sri Lanka’s promised political solution to the long-pending Tamil national question.

Back in news: Tamil Issue

  • India has made an unexpected (for SL) reference to the crisis-hit island nation’s “debt-driven” economy in the context of its current crisis.
  • Indian delegation noted the lack of measurable progress by Government of Sri Lanka on their commitments of a political solution to the ethnic issue.
  • It sought for full implementation of the 13th Amendment of the Constitution, delegation of powers to Provincial Councils and holding of Provincial Council elections at the earliest.

Has India retreated from supporting Sri Lanka?

  • India’s statement comes ahead of a resolution on Sri Lanka that will likely face a vote at the Council.
  • Since 2009, India has voted thrice in favour of the UN resolution on Sri Lanka — two were critical — and abstained twice, in 2014 and 2021.
  • Irrespective of its vote, India has consistently underscored the need for a political settlement within the framework of a united Sri Lanka, ensuring justice, peace, equality and dignity for the Tamils of Sri Lanka.

Issues faced by Tamils in Sri Lanka

  • According to Freedom House’s Freedom in the World 2016 report on Sri Lanka, Tamils report systematic discrimination in areas including government employment, university education, and access to justice.
  • A large portion of the Tamil population still remains displaced.

What is the Tamil issue in Sri Lanka?

  • Violent persecution against the Tamil population erupted in the form of the 1956, 1958, 1977, 1981 and 1983 anti-Tamil pogroms in Sri Lanka.
  • Over 13 years since the end of Sri Lanka’s civil war, in which tens of thousands of civilians were killed and disappeared, survivors continue demanding justice and accountability for war-time crimes.
  • In the post-war years, Sri Lanka’s human rights defenders have frequently flagged concerns over persisting militarisation, especially in the Tamil-majority north and east; repression, and the shrinking space for dissent.

What is the 13th Amendment?

  • It is an outcome of the Indo-Lanka Accord of July 1987, signed by the then PM Rajiv Gandhi and President J.R. Jayawardene, in an attempt to resolve the ethnic conflict and civil war.
  • The 13th Amendment led to the creation of Provincial Councils and assured a power-sharing arrangement to enable all nine provinces in the country, including Sinhala majority areas, to self-govern.
  • Subjects such as education, health, agriculture, housing, land and police are devolved to the provincial administrations.

Why is it contentious?

  • The 13th Amendment carries considerable baggage from the country’s civil war years.
  • It was opposed vociferously by both Sinhala nationalist parties and the LTTE.
  • The opposition within Sri Lanka saw the Accord and the consequent legislation as an imprint of Indian intervention.
  • It was widely perceived as an imposition by a neighbour wielding hegemonic influence.
  • The Tamil polity, especially its dominant nationalist strain, does not find the 13th Amendment sufficient in its ambit or substance.
  • However, some find it as an important starting point, something to build upon.

Why India objects over this?

  • Because of restrictions on financial powers and overriding powers given to the President, the provincial administrations have not made much headway.
  • In particular, the provisions relating to police and land have never been implemented.

Why is it significant?

  • Till date, the Amendment represents the only constitutional provision on the settlement of the long-pending Tamil question.
  • In addition to assuring a measure of devolution, it is considered part of the few significant gains since the 1980s, in the face of growing Sinhala-Buddhist majoritarianism.

 

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Sri Lanka’s Constitution – Strides in the Right Direction

No mass nesting of Olive Ridley turtles at Rushikulya in Odisha this year

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Olive Ridley turtle

Mains level: Paper 3- Mass nesting of Olive Ridley turtles

No mass nesting this year

  • The annual spectacle of the mass nesting of millions of Olive Ridley sea turtles near the Rushikulya river mouth in Odisha is likely to be missed this year, as the time for it is almost over.
  • It’s been around one month since the mass nesting of last year.
  • If they do skip the beach, this won’t be the first time.
  • In 2002, 2007, 2016 and 2019, the turtles had not shown up at Rushikulya.
  • The Rushikulya river mouth is considered the second-biggest rookery in India after Gahirmatha.
  • Mass nesting in the Gahirmatha marine sanctuary occurred from March 9-23, 2021 and over 349,000 eggs were laid during this period.

What could explain the miss in mass nesting

  • It is a natural phenomenon. During some years, they did not turn up for mass nesting even though a huge number had congregated in the sea.
  • Beach erosion might be one of the causes for the turtles staying away this year.

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Sri Lanka’s Constitution – Strides in the Right Direction

What is the 13th Amendment to the Sri Lankan Constitution, and why is it contentious?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: Sri Lankan constitutional issues

After the Rajapaksas’ win in the November 2019 presidential polls and the August 2020 general election, the spotlight has fallen on two key legislations in Sri Lanka’s Constitution.

Sri Lankan amendments in news

  • One, the 19th Amendment was passed in 2015 to curb powers of the Executive President, while strengthening Parliament and independent commissions.
  • The Rajapaksa government has already drafted and gazetted the 20th Amendment.
  • The other legislation under sharp focus is the 13th Amendment passed in 1987, which mandates a measure of power devolution to the provincial councils established to govern the island’s nine provinces.

What is the 13th Amendment?

  • It is an outcome of the Indo-Lanka Accord of July 1987, signed by the then PM Rajiv Gandhi and President J.R. Jayawardene, in an attempt to resolve the ethnic conflict and civil war.
  • The 13th Amendment, which led to the creation of Provincial Councils, assured a power-sharing arrangement to enable all nine provinces in the country, including Sinhala majority areas, to self-govern.
  • Subjects such as education, health, agriculture, housing, land and police are devolved to the provincial administrations.
  • But because of restrictions on financial powers and overriding powers given to the President, the provincial administrations have not made much headway.
  • In particular, the provisions relating to police and land have never been implemented.

Why is it contentious?

  • The 13th Amendment carries considerable baggage from the country’s civil war years. It was opposed vociferously by both Sinhala nationalist parties and the LTTE.
  • The opposition within Sri Lanka saw the Accord and the consequent legislation as an imprint of Indian intervention.
  • It was widely perceived as an imposition by a neighbour wielding hegemonic influence.
  • The Tamil polity, especially its dominant nationalist strain, does not find the 13th Amendment sufficient in its ambit or substance. However, some find it as an important starting point, something to build upon.

Why is it significant?

  • Till date, the Amendment represents the only constitutional provision on the settlement of the long-pending Tamil question.
  • In addition to assuring a measure of devolution, it is considered part of the few significant gains since the 1980s, in the face of growing Sinhala-Buddhist majoritarianism.

Its criticism

  • Critics argue that in a small country, the provinces could be effectively controlled by the Centre.
  • The opposition camp also includes those fundamentally opposed to sharing any political power with the Tamil minority.
  • All the same, all political camps that vehemently oppose the system have themselves contested in provincial council elections.
  • The councils have over time also helped national parties strengthen their grassroots presence and organisational structures.

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