EXECUTE THE 13TH AMENDMENT

Dr. Jehan Perera calls for a steadfast commitment to the devolution of power

Sri Lanka’s economic collapse in 2022 marked a significant turning point in local politics. Discrediting narrow ethno-nationalistic politics, it sparked a student led protest movement that advocated for systemic change, equal citizenship rights and rejection of racism.

This influenced the political landscape for the better with presidential candidates expressing unprecedented support for the 13th Amendment to the Constitution and devolution of power. The shift contrasts sharply with past exploitation of ethnic nationalism and the incitement of violence to win votes.

Opposition Leader Sajith Premadasa has committed to implementing the 13th Amend­ment fully. Similarly, National People’s Power (NPP) candidate Anura Kumara Dissanayake also pledged to support the amendment and the Provincial Council (PC) system if he is elected.

President Ranil Wickremesinghe, a consistent advocate for devolution, pledged to resolve the ethnic conflict and unburden future generations by fully implementing the 13th Amendment including police and land powers, which previous governments neglected.

Born of the Indo-Sri Lanka Peace Accord in 1987, the 13th Amendment was intended to address Tamil demands for regional self-governance. It introduced a PC system to provide limited self-rule to Tamil majority areas in the Northern and Eastern Provinces.

However, its implementation – especially concerning police powers – has been contentious. Despite the amendment’s provi­sions, these powers remain under central control, sparking persistent fears that devolution threatens national unity.

Since its adoption, the devolution of police and land powers has not been actualised, ostensibly to protect national unity and sovereignty. However, these concerns are unfounded 15 years after the civil war’s end.

Scholars such as the University of Colombo’s Prof. Arulanantham Sarveswaran argue that devolving these powers won’t threaten national unity. The amendment’s structure ensures central control, mitigating potential risks. Devolving police powers, if and when fully understood, supports balanced regional self-government within a unified state.

When the 13th Amendment was enacted in 1987, concerns about national unity were justified due to the LTTE’s insurgency. Following its defeat in 2009 however, these fears became baseless. Devolving police and land powers to the Northern and Eastern Provincial Councils doesn’t threaten national unity, and is crucial for resolving the ‘ethnic conflict’ and fostering national reconciliation.

The amendment outlines a framework where the bogeyman of devolved police powers remains under central control, and addresses concerns about national unity and security while providing regional autonomy.

The Inspector General of Police (IGP) is expected to appoint the Provincial Deputy Inspector General of Police (DIG) with the concurrence of the Chief Minister of the Provincial Council. If no agreement is reached, the National Police Commission (NPC) will appoint the Provincial DIG after consulting the PC’s Chief Minister.

The NPC will determine the type and quantum of firearms, ammunition and other equipment that can used by the provincial police. Although the Provincial Police Commission is consulted, its concurrence isn’t required.

This arrangement maintains central control over critical aspects of law enforcement. In emergencies, the president can assume the powers and responsibilities of the chief minister and provincial administration concerning public order. The provision ensures that the central government can swiftly address crises that threaten national stability.

Ensuring full devolution of powers is crucial for addressing Tamil grievances regarding their inability to decide for themselves, and fostering trust between the central and provincial governments.

Effective provincial governance can contribute to economic and social stability, and build a more inclusive society. The challenge lies in balancing regional self-governance with national security, and provisions in the 13th Amendment provide a framework for achieving this balance.

The devolution of powers needs to be seen as work in progress. In India, four new ethnic and linguistic-based states have been formed since 2000; and in Canada, the language law was revised due to demands by French speaking Canadians.

This new law includes measures to protect linguistic minorities, strengthen the use of French in centrally regulated private businesses and offer Canadians a wider range of bilingual services.

Ongoing dialogue and cooperation between political and communal leaders will be of the essence now… and in the future. The current political climate offers presidential candidates a chance to commit to implementing the 13th Amendment and advancing reconciliation, regardless of any electoral outcomes.

Such commitments will enable the next government to focus on stabilising the economy, enhancing social safety nets, unlocking growth potential, and addressing governance and corruption issues.