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	<title>Comments on: The 13th Amendment, Anti-Indianism and Sri Lanka&#8217;s Security Imperatives</title>
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		<title>By: roshann wickremesinge</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6788</link>
		<dc:creator>roshann wickremesinge</dc:creator>
		<pubDate>Thu, 27 Mar 2008 20:01:52 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6788</guid>
		<description>Dayan,
Stop all your nonsence.. You are defending brutal regime, one day you will pay your sins. My self as a budhist, never ever going to defend rajapakse thugs. Tamils desrver better than ltte or your mad brutal govt</description>
		<content:encoded><![CDATA[<p>Dayan,<br />
Stop all your nonsence.. You are defending brutal regime, one day you will pay your sins. My self as a budhist, never ever going to defend rajapakse thugs. Tamils desrver better than ltte or your mad brutal govt</p>
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		<title>By: Sri</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6774</link>
		<dc:creator>Sri</dc:creator>
		<pubDate>Thu, 27 Mar 2008 10:35:23 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6774</guid>
		<description>Dr Dayan, I am happy about this strictly personal opinion. 

This is  really addressed to JVP and I hope  a follow up should be addressed to the present leaders in the government.

I reproduce  below the following extract   from your article to facilitate my comments. .
 
&#039;A Constitution is the basic law of the land. No election mandate or manifesto ranks above it, nor can it. A president is elected under the Constitution, and his most fundamental duty is to uphold the Constitution. If a Constitution is to be changed it must be according to the process and procedure laid down by the Constitution itself&#039;.

Agreed, and excellent !

But in your article you are referring only to the 13th Amendment to the Constitution. 

Is it  because you wanted to find fault with only JVP?
.
If you consider the other amendments such as 16th and 17th Amendments, then others more responsible are at fault for non-implementation.

I give below some salient features of the 16th amendment as many of your readers seems to be ignorant of the provisions of this Amendment.The bill was certified on 17th December 1988.

Article 22.(1):- Sinhala and Tamil shall be the languages of administration through out Sri Lanka and Sinhala shall be the language of administration and be used for the maintenance pf public records and the transaction of all business by public institutions of all the provinces of Sri Lanka other then the Northern and Eastern   Provinces where Tamil shall be so used.

Provided that the President may, having regard to the proportion which the Sinhala or Tamil linguistic minority population in any unit comprising a division of an Assistant Government Agent, bears to the total of population of that area, direct that than Sinhala and Tamil or a language other than the language used as the language of administration in the province in which such area may be situate, be used as the language of administration for such area.


Art 23.(1) Language of Legislation
	All laws and subordinate legislation shall be enacted or made and published in Sinhala and Tamil, together with a translation thereof in English.
Provided that Parliament shall, at the stage of enactment of any law determine which text shall prevail in the event of any inconsistency between texts.

Anyone who reads the 16th amendment will agree that the language issue is solved to the satisfaction of everyone, you can&#039;t ask for more.!

But Dr  Dayan, why you are not worried about the implementation of this amendment which will solve the language problem once and for all.

Not only you but the civil society is also silent. 
No one other than DEW .Gunasekara seems to be aware of the existence of this amendment.!

The 17th Amendment at least everybody talks of .even if it is not comprehensive enough!

Dayan, Please write about 16th and 17th Amendments also and let us have more and more of your personal opinions!</description>
		<content:encoded><![CDATA[<p>Dr Dayan, I am happy about this strictly personal opinion. </p>
<p>This is  really addressed to JVP and I hope  a follow up should be addressed to the present leaders in the government.</p>
<p>I reproduce  below the following extract   from your article to facilitate my comments. .</p>
<p>&#8216;A Constitution is the basic law of the land. No election mandate or manifesto ranks above it, nor can it. A president is elected under the Constitution, and his most fundamental duty is to uphold the Constitution. If a Constitution is to be changed it must be according to the process and procedure laid down by the Constitution itself&#8217;.</p>
<p>Agreed, and excellent !</p>
<p>But in your article you are referring only to the 13th Amendment to the Constitution. </p>
<p>Is it  because you wanted to find fault with only JVP?<br />
.<br />
If you consider the other amendments such as 16th and 17th Amendments, then others more responsible are at fault for non-implementation.</p>
<p>I give below some salient features of the 16th amendment as many of your readers seems to be ignorant of the provisions of this Amendment.The bill was certified on 17th December 1988.</p>
<p>Article 22.(1):- Sinhala and Tamil shall be the languages of administration through out Sri Lanka and Sinhala shall be the language of administration and be used for the maintenance pf public records and the transaction of all business by public institutions of all the provinces of Sri Lanka other then the Northern and Eastern   Provinces where Tamil shall be so used.</p>
<p>Provided that the President may, having regard to the proportion which the Sinhala or Tamil linguistic minority population in any unit comprising a division of an Assistant Government Agent, bears to the total of population of that area, direct that than Sinhala and Tamil or a language other than the language used as the language of administration in the province in which such area may be situate, be used as the language of administration for such area.</p>
<p>Art 23.(1) Language of Legislation<br />
	All laws and subordinate legislation shall be enacted or made and published in Sinhala and Tamil, together with a translation thereof in English.<br />
Provided that Parliament shall, at the stage of enactment of any law determine which text shall prevail in the event of any inconsistency between texts.</p>
<p>Anyone who reads the 16th amendment will agree that the language issue is solved to the satisfaction of everyone, you can&#8217;t ask for more.!</p>
<p>But Dr  Dayan, why you are not worried about the implementation of this amendment which will solve the language problem once and for all.</p>
<p>Not only you but the civil society is also silent.<br />
No one other than DEW .Gunasekara seems to be aware of the existence of this amendment.!</p>
<p>The 17th Amendment at least everybody talks of .even if it is not comprehensive enough!</p>
<p>Dayan, Please write about 16th and 17th Amendments also and let us have more and more of your personal opinions!</p>
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		<title>By: Devinda Fernando</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6762</link>
		<dc:creator>Devinda Fernando</dc:creator>
		<pubDate>Wed, 26 Mar 2008 21:04:00 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6762</guid>
		<description>***I agree that unelected Basil, Gotha with JVP thugs are the model politicians who can teach our Tamil speaking politician on ‘democracy’. ***

Suresh,

Gotabaya is not a politician, he is the Defence Secretary - that has always been a Presidential Appointment position.  The JVP have all been elected to their Seats in Parliament and Basil&#039;s appointment to fill an existing MP spot is completely legal in SL political rules.  

TMVP are the ones going to represent the Tamil people in the East. I am sure they will do a hell of a better Job than the LTTE have done in the past 18 years.</description>
		<content:encoded><![CDATA[<p>***I agree that unelected Basil, Gotha with JVP thugs are the model politicians who can teach our Tamil speaking politician on ‘democracy’. ***</p>
<p>Suresh,</p>
<p>Gotabaya is not a politician, he is the Defence Secretary &#8211; that has always been a Presidential Appointment position.  The JVP have all been elected to their Seats in Parliament and Basil&#8217;s appointment to fill an existing MP spot is completely legal in SL political rules.  </p>
<p>TMVP are the ones going to represent the Tamil people in the East. I am sure they will do a hell of a better Job than the LTTE have done in the past 18 years.</p>
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		<title>By: j.muthu</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6748</link>
		<dc:creator>j.muthu</dc:creator>
		<pubDate>Wed, 26 Mar 2008 15:37:11 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6748</guid>
		<description>Mr Dayan,
                 you never answer properly, did anyone  predicted collapse of soviet union, yugoslavia. after cold war so many new countries accepted by international community. most of the countries oppressed by foolish governments. Tamils also suffered enough by budhist sinhala brutal forces. Time will come you will regret your own faults. any way again i wil tell you tamils much much better off with their own land. sinhalease still suffer by their own mad leadership.</description>
		<content:encoded><![CDATA[<p>Mr Dayan,<br />
                 you never answer properly, did anyone  predicted collapse of soviet union, yugoslavia. after cold war so many new countries accepted by international community. most of the countries oppressed by foolish governments. Tamils also suffered enough by budhist sinhala brutal forces. Time will come you will regret your own faults. any way again i wil tell you tamils much much better off with their own land. sinhalease still suffer by their own mad leadership.</p>
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		<title>By: ilaya seran senguttuvan</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6744</link>
		<dc:creator>ilaya seran senguttuvan</dc:creator>
		<pubDate>Wed, 26 Mar 2008 13:08:01 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6744</guid>
		<description>Lot of wisdom here for MR&#039;s GoSL to follow on the need to be true to the 13th amendment; take India aboard. Dayan accuses many critics of &quot;ignorance&quot; of the Constitution. A lot of this &quot;ignorant&quot; could well be seated on the ranks of the Govt side in Parliament
who might do well to read Dayan&#039;s piece here. I am all with you for
the faithful implementation of the 13th amendment will go a long way to heal our wounds - and I say this should be inclusive of the central feature of the original legislation that was in place viz:the merger of the North-East Province - of which you were once uncomplaining  Minister, as we recall. The Supreme Court only said the way the merger was effected was ultra vires the Constitution and left room to suggest if it is presented in a modified form the learned judges will not stand in the way. We are also with you when you eloquently state &quot;his (MRs) most fundamental duty is to uphold the Constitution&quot; Absolutely right. So it follows he must uphold the Constitution and not stand in the way of implementing the 17th Amendment. You must point to the President all his appointments since his assumption of office are invalid. More so, that the President can be impeached for
violating the articles of the Constitution...You speak of coercive Indian diplomacy and the need not to be anti-Indian - contradiction in terms...Finally silencing  those who say you fall far short of &quot;advisor&quot; your good prose &quot;permitting the blockage of internal devolution can prove nothing less than suicidal for Sri Lanka&quot; That is what it has been so far. Point is your boss and friend MR is unable to restrain his friends in the JVP/JHU/SU and who else - to see this reality and support the Govt to bring in the badly needed peace to our country.</description>
		<content:encoded><![CDATA[<p>Lot of wisdom here for MR&#8217;s GoSL to follow on the need to be true to the 13th amendment; take India aboard. Dayan accuses many critics of &#8220;ignorance&#8221; of the Constitution. A lot of this &#8220;ignorant&#8221; could well be seated on the ranks of the Govt side in Parliament<br />
who might do well to read Dayan&#8217;s piece here. I am all with you for<br />
the faithful implementation of the 13th amendment will go a long way to heal our wounds &#8211; and I say this should be inclusive of the central feature of the original legislation that was in place viz:the merger of the North-East Province &#8211; of which you were once uncomplaining  Minister, as we recall. The Supreme Court only said the way the merger was effected was ultra vires the Constitution and left room to suggest if it is presented in a modified form the learned judges will not stand in the way. We are also with you when you eloquently state &#8220;his (MRs) most fundamental duty is to uphold the Constitution&#8221; Absolutely right. So it follows he must uphold the Constitution and not stand in the way of implementing the 17th Amendment. You must point to the President all his appointments since his assumption of office are invalid. More so, that the President can be impeached for<br />
violating the articles of the Constitution&#8230;You speak of coercive Indian diplomacy and the need not to be anti-Indian &#8211; contradiction in terms&#8230;Finally silencing  those who say you fall far short of &#8220;advisor&#8221; your good prose &#8220;permitting the blockage of internal devolution can prove nothing less than suicidal for Sri Lanka&#8221; That is what it has been so far. Point is your boss and friend MR is unable to restrain his friends in the JVP/JHU/SU and who else &#8211; to see this reality and support the Govt to bring in the badly needed peace to our country.</p>
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		<title>By: Dayan Jayatilleka</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6696</link>
		<dc:creator>Dayan Jayatilleka</dc:creator>
		<pubDate>Tue, 25 Mar 2008 10:25:23 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6696</guid>
		<description>dear j muthu, 

Tamil ultranationalism, especially in the Diaspora, goes through many fantasies which never come true. 

From the 1950s it was the Israel fantasy. Its 2008 and still no Tamil Israel. 

From 1971 it was the Bangladesh fantasy. Still no Tamil Bangladesh.

Now its the Kosovo fantasy.

Ah well....</description>
		<content:encoded><![CDATA[<p>dear j muthu, </p>
<p>Tamil ultranationalism, especially in the Diaspora, goes through many fantasies which never come true. </p>
<p>From the 1950s it was the Israel fantasy. Its 2008 and still no Tamil Israel. </p>
<p>From 1971 it was the Bangladesh fantasy. Still no Tamil Bangladesh.</p>
<p>Now its the Kosovo fantasy.</p>
<p>Ah well&#8230;.</p>
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		<title>By: Dayan Jayatilleka</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6695</link>
		<dc:creator>Dayan Jayatilleka</dc:creator>
		<pubDate>Tue, 25 Mar 2008 10:22:23 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6695</guid>
		<description>The Tamil National Army (TNA) was formed by Perumal well after I had resigned from the North East Provincial Council.</description>
		<content:encoded><![CDATA[<p>The Tamil National Army (TNA) was formed by Perumal well after I had resigned from the North East Provincial Council.</p>
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		<title>By: M.Thiru</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6688</link>
		<dc:creator>M.Thiru</dc:creator>
		<pubDate>Tue, 25 Mar 2008 05:13:16 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6688</guid>
		<description>1. Sinhala Nation ( Srilanka ) and its representatives like Dr.Kohena, Dr.Jayatilleke always  claim in the international arena,
that Srilanka is functioning as one of the oldest  democratic nation in Asia and its democratic institution are functioning well. If that is so why the existence of the 13th amendment has to be resurrected after 2 years of the formation of the APRC ? Why India which was always briefed by Norway since signing of CFA has to endorse implementation of 13th amendment is a good starting point and at the same time see the whole problem as a terrorist problem and fully support the abductions, kidnapping etc the war carried out by th GOSL army and paramilitaries ?

2. Anti South Indianism and not anti Hindianism has always been there.  It is worse since 1948 because the British passed the power to the Sinhalese together with the sovereignty of Tamil speaking people of whatever origin. It will not go away until the Tamils of South Asia get back their equal status. 

JR Jeyawardne showed his anti Indian feelings. Witnessed with calm his naval officer to attacking Rajiv.  Premadsa &amp; Mahinda Rajapakse, JVP opposed the Rajiv - J R signed agreement and thus the 13th amendment.

When one Sinhalese leader agrees another will oppose. It will continue that is the DNA of Srilankan democracy.

3. What is the size of Srilanka in terms of population and economy ? What is the size  and the demographic make up of of SL armed forces ? How much is spent on internal defence to kill their own citizens who wants to live peacefully in their homelands and manage their affairs to maintain the Sinhala nation&#039;s rule ? When it  is an island what real  external security threat they have ? Where does GOSL get money for all these because once you become a debtor you are under the control of the lenders. Economic weakness created by the poor political leadership of the Sinhalese leaders since 1948  is the security threat not the Tamils and their struggle. If  proper devolution is given to the Tamil speaking people by stopping the war will solve both the security problem and economic problem of both the nations within the Island.</description>
		<content:encoded><![CDATA[<p>1. Sinhala Nation ( Srilanka ) and its representatives like Dr.Kohena, Dr.Jayatilleke always  claim in the international arena,<br />
that Srilanka is functioning as one of the oldest  democratic nation in Asia and its democratic institution are functioning well. If that is so why the existence of the 13th amendment has to be resurrected after 2 years of the formation of the APRC ? Why India which was always briefed by Norway since signing of CFA has to endorse implementation of 13th amendment is a good starting point and at the same time see the whole problem as a terrorist problem and fully support the abductions, kidnapping etc the war carried out by th GOSL army and paramilitaries ?</p>
<p>2. Anti South Indianism and not anti Hindianism has always been there.  It is worse since 1948 because the British passed the power to the Sinhalese together with the sovereignty of Tamil speaking people of whatever origin. It will not go away until the Tamils of South Asia get back their equal status. </p>
<p>JR Jeyawardne showed his anti Indian feelings. Witnessed with calm his naval officer to attacking Rajiv.  Premadsa &amp; Mahinda Rajapakse, JVP opposed the Rajiv &#8211; J R signed agreement and thus the 13th amendment.</p>
<p>When one Sinhalese leader agrees another will oppose. It will continue that is the DNA of Srilankan democracy.</p>
<p>3. What is the size of Srilanka in terms of population and economy ? What is the size  and the demographic make up of of SL armed forces ? How much is spent on internal defence to kill their own citizens who wants to live peacefully in their homelands and manage their affairs to maintain the Sinhala nation&#8217;s rule ? When it  is an island what real  external security threat they have ? Where does GOSL get money for all these because once you become a debtor you are under the control of the lenders. Economic weakness created by the poor political leadership of the Sinhalese leaders since 1948  is the security threat not the Tamils and their struggle. If  proper devolution is given to the Tamil speaking people by stopping the war will solve both the security problem and economic problem of both the nations within the Island.</p>
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		<title>By: Dayan</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6686</link>
		<dc:creator>Dayan</dc:creator>
		<pubDate>Tue, 25 Mar 2008 04:05:07 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6686</guid>
		<description>Tamils never rejected the Unitary State, that is why the Ceylon did not see an Ali Jina.

But the young generation of Tamils and Muslims feel that they have to fight the battle of their grand parents.

The solution is to satisfy the minorities in Sri Lanka without any more delay such as federal state with the protection of a third party, UN.</description>
		<content:encoded><![CDATA[<p>Tamils never rejected the Unitary State, that is why the Ceylon did not see an Ali Jina.</p>
<p>But the young generation of Tamils and Muslims feel that they have to fight the battle of their grand parents.</p>
<p>The solution is to satisfy the minorities in Sri Lanka without any more delay such as federal state with the protection of a third party, UN.</p>
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		<title>By: Suresh M</title>
		<link>http://federalidea.com/focus/archives/385/comment-page-1#comment-6684</link>
		<dc:creator>Suresh M</dc:creator>
		<pubDate>Tue, 25 Mar 2008 01:41:57 +0000</pubDate>
		<guid isPermaLink="false">http://federalidea.com/focus/archives/385#comment-6684</guid>
		<description>#2 Devinda Fernando,

I agree that unelected Basil, Gotha with JVP thugs are the model politicians who can teach our Tamil speaking politician on &#039;democracy&#039;.

I also applaud Dr.Dayan Jeyatillaka is their representative in Geneva on HR!</description>
		<content:encoded><![CDATA[<p>#2 Devinda Fernando,</p>
<p>I agree that unelected Basil, Gotha with JVP thugs are the model politicians who can teach our Tamil speaking politician on &#8216;democracy&#8217;.</p>
<p>I also applaud Dr.Dayan Jeyatillaka is their representative in Geneva on HR!</p>
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