• TMTK Leader and Jaffna District Opposition MP, C.V. Wigneswaran PC notes need for prudent response to allay security concerns of the GoSL and the Sinhalese 

The 13th Amendment to the Constitution, which has not been enforced in full, despite having remained a part of the country’s Constitution for decades, has become what is referred to in the famous Sinhala saying as being “like the beggar’s wound”, an issue that does not seem to ever get resolved. Similar to almost all past Heads of State, following his appointment as the President, Ranil Wickremesinghe has also found himself in the midst of the never ending discourse on the 13th Amendment.

The past few months saw several discussions with the Government and the North and East-based political parties, during which new proposals concerning assigning Police powers, such as keeping uniformed Police officers in the North and East without firearms but with batons, and more youth recruits from the North and East to the Police service, along with increased community-based policing, were also presented. Some political parties have opposed the new proposals and have demanded the full implementation of the 13th Amendment. However, some parties seem to be more flexible towards the matter, which, according to the Thamil Makkal Thesiya Kuttani (TMTK) Leader and Jaffna District Opposition Parliamentarian and former Supreme Court Judge, President’s Counsel C.V. Wigneswaran, is a prudent move in response to the security-related concerns of the Government and of the Sinhala people. He discussed these matters with The Daily Morning. 

Below are excerpts of the interview:

Thus far, the North and East-based political parties were adamant about the full implementation of the 13th Amendment, which includes Police and land powers. However, recently, you presented certain proposals concerning Police powers which have given the impression that the North and East-based politicians are ready to be somewhat flexible in their demands regarding Police powers. Have your demands changed?

No. We still demand that the 13th Amendment be implemented in full, which includes Police powers as well. This is the overall stance of the North and East based political parties. However, one of the matters that were discussed during my discussions with the President was that, if the Sinhalese people are worried that giving arms and ammunitions to Tamil Policemen in the North would lead to violence and various other issues, in that case, we can make those Police officers carry only batons and handcuffs like in Pondicherry in India. I put forward that suggestion in order to show that there are ways by which we can always adjust on these matters. So, apart from our trying to adjust these matters and get power into the hands of our people, I don’t think that there is anything else that has changed. We still want the 13th Amendment to be fully implemented.

Have you received the support of, or conducted any discussions with other North and East-based political parties and the people of the North and the East with regard to those suggestions concerning Police powers?

Regarding the 13th Amendment, we have sent a letter to the Indian Prime Minister Narendra Modi a few months ago, which was signed by the Tamil National Alliance (TNA) Leader, Opposition MP and attorney R. Sampanthan and six other political leaders. So,I think that all of us want the 13th Amendment to be implemented. Even Police powers are sought by everybody. It is the Government that does not want to give Police powers. So, my argument was that, if the Government does not want to give Police powers, there must be a reason. If the reason is that it does not want the Tamil people to get armed and be in a position of power, I suggested that they be given only batons and handcuffs so that they can do their job. A lot of things such as traffic control can be done without arms. All of us want Police powers. But, I am trying to see if it is possible to overcome the Centre’s concerns.

Are there currently any discussions between the North and East-based political parties and India regarding the 13th Amendment?

No. There are no such discussions at the moment. But today, India had called the TNA for discussions because the TNA had said that they are not interested in the 13th Amendment. This is to explain whether the TNA is really interested in the 13th Amendment, because if they are not interested in the 13th Amendment’s implementation, then why call for an election? At the election, we are going to implement the 13th Amendment. So, there are various controversies surrounding the 13th Amendment, and the Indian Government is probably trying to find out from them. 

Land rights are also often discussed in the larger discourse on the 13th Amendment, and recently, there were heated debates about the land-related issues faced by the people of the North and the East. What is your opinion about the present situation concerning the land issues in the North and the East?

At the meeting with Tamil parties, the President said that we must stick to the 1985 plan with regard to forest lands. Any lands that have been taken over and above the 1985 plan must be handed over to the owners. The President stands by that order. But, despite that, lots of things are being done by officials without due permission or despite the orders of the Government. Now, all those activities are being opposed by the people in those areas. We are also bringing these things to the notice of the Government, and now, it is up to the Government to decide the next steps, because there are people even within the Government party who are trying to create problems. It can be that they don’t want Wickremesinghe to carry on as the President and therefore they would like to do various wrong things, or it may be that they have already made up their minds that they must, one way or the other, take lands of the North and East Tamil areas and make them Sinhalised to change the demography of the area. Whatever the reason is, at the moment, there are many problems with regard to lands. The people of the North and the East are fighting for their own lands, because the Government is trying to take lands of the people, and the Army and the Navy are also trying to do the same. I don’t know to what extent they are listening to the President. But, that is the present situation.

Have the North and East-based political parties paid attention to acquiring the support of South-based political parties, especially those in the Opposition, in their endeavours?

Yes. After the “aragalaya” (a people’s movement to overthrow the previous Government led by then-President Gotabaya Rajapaksa) movement, there has been a lot of understanding between the North and East-based political parties and the South based parties, the upcountry Tamils and also the Muslim parties. So definitely, as time goes on, these people will come together in order to ask for the rights of the minorities, which, as far as the North and the East are concerned, are the rights of the majority in those areas. So, they may possibly get together and discuss this. The fact that India has brought about the 13th Amendment will be helpful to us, because they will be standing by us in order to implement the 13th Amendment.