Today the 13th amendment to the constitution will again be a topic of discussion in the Parliament. For over 35 years, the piece of legislation, irrespective of how it was ‘introduced’ into the constitutions has remained unimplemented fully, by action or the lack of, by the Executive. President Wickremesinghe during his recent visit to New Delhi stressed that the full implementation of the 13th should take place. However, on his return to serendipity, the President passed the buck to the legislature, stating at an ‘all party conference’: ‘I only have one vote, so the parliament must decide”. The ‘13th’ has long been a divisive topic, with nationalistic politics, and deep rooted distrust regarding the Police, and land power’s being an Achilles heel, for the full implementation.   

Irrespective of personal stances on the ‘13th’, one fact is clear – it is part of the constitution, and the law of the land. Several political parties, such as the SJB and some of the Tamil parties have made their stance clear on the matter. However, what remains unknown is what the “Government’s” stance is. If Wickremesinghe is heading the Government, why not convince the majority Sri Lanka Podujana Peramuna (SLPP) to express what they are ready to work on? What is challenging Wickremesinghe and the SLPP, from coming out and stating exactly where they stand as a government on this matter? The SLPP has stated on their own, that the party would not support devolution of power on the basis of religion and race. Sentiments were shared recently by the SLFP General Secretary Dayasiri Jayasekara. If so, how can the President tell others in the Legislature to come forward with a way forward without first telling the Government to do so?

The SLPP as the majority bloc in the Parliament must clearly indicate if their stance differs from that of what Wickremesinghe has signalled. If so, how can there be forward momentum without consensus first within the Government. Travelling to New Delhi, and making promises is one thing, but to do so without first putting one’s house in order and building consensus, is poor foreign policy.  If the Government’s aim is to make some changes to reduce the grey areas of the “13th’s” concurrent list, it must be first done so with an amendment to the constitution. How and what changes need to be done, is a matter that can be debated and a consensus reached.

If the majority of those in Parliament continue to think of the “13th” as a foreign instrument, choked down the throats of Sri Lankans, with little or no room for debate, then they must first remove it, with the aid of a referendum. However, such a move may erode what little trust minority groups have in the state. It will also damage long-term Indo-Lanka relations, a life line that Sri Lanka has grown to depend on much, due to her own follies.

The State also must respond to the compromises which some of the Tamil parties have proposed. Given the lack of momentum over 35 years, some Tamil politicians have by now, taken the first step to compromise on the thorny issue of police powers, a move that southern politicians should meet. The request to absorb more natives of the North and East Provinces to the Police deployed in the area, is one grounded in common sense. The State has long tried to train all law enforcement officers in languages other than their mother tongue. Why not require more from the Provinces? The Secretary to the Ministry of Public Security last week stated that the ongoing state sector wide recruitment freeze is an obstacle to do so. Surely, this is not a difficult decision to act upon. Those in the North and the East Provinces have long complained about the language barrier and lack of cultural sensitivities of the Police officers posted to them from other provinces.  

Also, the proposal for uniformed, unarmed (firearms) police officer’s for the provinces, with limited roles, such as traffic and community policing, is a model that has been effectively employed in neighbouring India and in other countries. Having such a localised, community oriented police unit, along with mainstay law enforcement agencies, may be a compromise that is workable. Those who flag the ‘National Security’ concern each time the devolution of power and the 13th is discussed, remember, there are no restrictions placed on the deployment and stationing of the Armed Forces in any province in Sri Lanka.

Therefore, the need of the hour is for the President to first get his house in order. The Government must show clarity on where they stand on “13A”, and for all in Parliament to meet the other half way, with compromises. Where there is clarity, there can be clear and robust discourse, through which progress is found.