The 18th Amendment passed in Sri Lankan parliament on the 8th of September 2010 is a death blow to democracy and a move to permanently silence

When Mr. Mahinda Rajapaksa, the all powerful executive president in Sri Lanka, declared war in May 2009, world leaders thought that he was fighting the Tamil Tigers but in reality in the name of wiping out the Tamil Tigers, he was determined to wipe out the entire Tamil race in Sri Lanka. The last year’s war in Sri Lanka was a war without a witness. The reliable information we have received is that in the name of wiping out the Tamil Tigers he has succeeded in killing roughly 40,000 Tamil Freedom Fighters and over 100,000 Tamil civilians have been killed and butchered. The number of people still missing are not known but the numbers are in the thousands. More than 12,000 former Tamil combatants are kept in prisons in different parts of the island. Whether they are living or their whereabouts are not known to the public or to the world. There are also 89,000 young Tamil widows with young children. Non-governmental agencies including the Red Cross and United Nations have no access to the Vanni area. The government fears that if the world bodies come to know of their atrocities, world opinion may work against them. The Sri Lankan government launched a war on the Tigers with 20 countries backing them headed by India. The Sri Lankan government made the world believe that the Tamil Tigers are not freedom fighters but are terrorists. India, Pakistan, China, Israel, Iran and the United States of America were well aware that in the name of wiping out the Tigers, the Sri Lankan government were wiping out the Tamils but many of the above countries pretended to be ignorant of the real issue and backed the Sri Lankan government to eradicate the Tamil Freedom Fighters and weaken the Tamil civilians so that they may not be able to raise their heads and fight back in the future.



To the Sinhalese population, Mahinda Rajapaksa was a Sinhala hero who succeeded in wiping out the Tamil Tigers and the Tamil people. Mahinda Rajapaksa was considered by the Sinhalese as a reincarnation of Duttugemunu, sent to defeat the Tamils in such a manner that they would be permanently enslaved forever. But with the passage of time, he who had tasted power, wanted to be a dictator and have powers vested with him and his brothers. The 18th Amendment, passed in parliament in an indecent hasty manner, is a clear indication of how power corrupts a man. In keeping with what Lord Acton said, “Power tends to corrupt, and absolute power corrupts absolutely”. A section of the Sinhalese population is now becoming conscious that Rajapaksa wants to have full powers for him and his family that will eventually result in the family dictatorship.

In a blatant manner, world opinion is very critical of Rajapaksa’s dictatorial moves. The following statements emanating from mass media and world personalities is a clear indication of their awareness for what is in store for Sri Lanka in the near future.

Vancouver Sun:
Vancover Sun says “On Wednesday Rajapaksa used an overwhelming parliamentary majority of his United people’s Freedom Alliance to push through some fundamentally nation changing constitutional amendments. Constitutional amendments allow president to run for unlimited terms and dismantle an important check on the executive power.”
Rebecca Buckwalter-Poza, political consultant:
Rebecca Buckwalter-Poza is an American writer and political consultant. Her comment on the 18th Amendment is as follows: “The 18th Amendment will fundamentally transform Sri Lanka’s political system stripping away the façade of democracy. The 18th amendment will end presidential term limits, eliminate the Constitutional Council, increase the Executive’s control over appointments and give the President the power to regularly attend and address parliament. Its effect will be to remove vital checks on Executive power and further undermine Sri Lanka’s imperfect democracy.”

Gordon Weiss, UN official:
Gordon Weiss, former senior United Nations official in Sri Lanka, is of this opinion: “Sri Lanka is nepotistic. By some estimates they [Rajapaksa brothers] directly control some three quarters of the finances of Sri Lanka as it stands today. Very clearly, what the president is doing is paving the way for a new dynasty oligarchy, much along the same lines as the earlier Sri Lankan dynasty oligarchies.”

P. J. Crowley, state department spokesperson:
P. J. Crowley, state department spokesman, in a hard-hitting manner, says the following: “The United States is concerned that this constitutional amendment weakens checks and balances and thus undermines the principals of constitutional democracy.”

Asian Human Rights Commission:
Asian Human Rights Commission is deeply concerned of the conduct of Rajapaksa and makes this comment: “From now on, the political and legal system of Sri Lanka will function as if under a dictatorship and there will be no longer any attempt to appear as a democracy.”

JC Weliamuna, head of Transparency International
The head of rights group Transparency International in Sri Lanka, JC Weliamuna called the constitutional changes as “dangerous” and said that Rajapaksa, who has three of his brothers holding prominent public positions, now has “unlimited powers.”

Sri Lanka Guardian, journal:
Sri Lanka Guardian, a journal noted for it’s impartiality, makes the following comment: “The president will only have to seek the opinion of a five-member council comprised of the Prime Minister, the Speaker, the Leader of the Opposition, a Member of Parliament nominated by the Prime Minister, and a Member of Parliament nominated by the Leader of the Opposition when appointing officials to the Election Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Permanent Commission to Investigate Allegations of Bribery and Corruption, the Finance Commission and the Delimitation Commission. These far reaching changes in the appointment forces will affect agencies and actors responsible for essential human rights, infrastructure and the provision of basic services and have the potential to destabilize or interrupt services.”

Gordon Weiss, leading political analyst:
Gordon Weiss, a leading political analyst, is very critical of Rajapaksa’s move. He says, “President Rajapaksa has engineered the extension of powers through the courts instead of through a referendum. That in itself is a demonstration of the state of judiciary and the state of the current checks and balances on power.”

When we read the above comments, we are forced to relearn and unlearn many things that we learned in our colleges and universities on the separation of powers and the independence of the judiciary. In real life, all what we learned in our textbooks have lost their meaning. In reality, the powers of the people who govern a country counts more than what we have learned has taught us.

Ceylon Express, August 30th, 2010
According to Ceylon Express, published in Canada, dated the 30th of August 2010, quotes senior most leftist politician of the opposition, that Mahinda Rajapaksa and his cohorts are marching towards their “aim of staying in power till the cows come home”.

Rt. Revd Duleep de Chickera, Anglican Bishop of Colombo:
Rt. Revd Duleep de Chickera, the Anglican Bishop of Colombo, in a statement issued recently said, “The 18th Amendment proposed by the Sri Lankan president, if passed by the Sri Lankan parliament, will lead to destructive erosion of already frail democratic culture.”

Though I was a member of the Tamil National Alliance, I am very critical of the alliance’s approach to deal with the crucial issues facing the Tamil community. My humble opinion is that they are not equal to the task that we are facing but still I see two members of parliament of the TNA asserting their rights to save the Tamil community. Mr. Sritharan who represents the Vanni district, is conducting himself in a brave manner and facing the challenges of the armed forces to attend to the needs of the Vanni people. His daredevil attitude is deeply appreciated by us.

The other exception is Mr. Sumanthiran, a leading lawyer and a member of the TNA. In this hour of crisis, we need leaders to be assertive. An intellectual should not be submissive but be assertive and Mr. Sumanthiran, fulfills the need of the hour. It is in this context that Professor Peter Schalk’s comment on Sumathiran’s speech on the 18th Amendment is worth quoting. “This speech reminds me of another historical speech made in Germany in 1933 directed against Hitler’s program to empower the government (=himself) with the power of Parliament, that is to abolish parliament. He succeeded, but one man had the courage to speak openly against it. His name was Otto Wels and he was from the social democratic party. The communists had already ended up in Dachau concentration camps and some leading social democrats as well. His speech was an encouragement to those who started a resistant movement. His speech is in German but I found a small passage translated in English.

The summary of the speech of Otto Wels is given below.
“At this historic hour, we, German social democrats pledge ourselves to the principals of humanity and justice, of freedom and socialism. No enabling law can give you the power to destroy ideas which are eternal and indestructible. From this new persecution too, German social democracy can draw new strength. We send greetings to the persecuted and oppressed. We greet our friends in the Reich. Their steadfastness and loyalty deserve admiration. The courage with which they maintain their convictions and their unbroken confidence guarantee a brighter future.” [Noakes and Pridham, 1974]

Looking directly at Hitler, Wels proclaimed:
“You can take our lives and our freedom but you cannot take our honour. We are defenceless but not honourless.”

Now let me quote some important portions of Mr. Sumanthiran’s speech, which was delivered in Sri Lankan parliament on the 8th of September 2010. Professor Peter Schalk has rightly hailed this as a historic speech.

“I rise to speak today with a very heavy heart. Not even half a year has passed since I stepped into this assembly for the first time. I did not realize that I would be participating in a debate such as this; on a bill that threatens to finally nail the coffin in which democracy of this country had been laid for some time now.

First and foremost, I wish to place on record - for whatever it is worth – our very strong objection to the manner in which this bill is being rushed through. That in itself is an indictment and an indication of the anxiety of the government to have it passed with little or no public discussion on the matter. Leave alone a discussion – there is no notice to the public and only twenty four hours to the Supreme Court comprising of such exceptionally talented judges who seem to be able to dissect these proposed constitutional amendments with consummate ease and deliver their determination in such a short time… Yesterday when I rose to a point of order and referred to certain clauses in this bill, the members of this house did not have a copy of this bill. This clearly indicates the indecent haste with which the government wants to pass this bill.

When and where then did the Bill originate? Was in the Cabinet? – No! The Cabinet of Ministers has certified that this is urgent in the national interest. Can anything be more laughable than that? Did the Cabinet have a copy or even a draft of this Bill? I think not. What the Cabinet certified and what was sent to the Supreme Court were two different versions and this came to light at the hearing in the Supreme Court. For instance what is now called the “Parliamentary Council” was called “Constitutional Council” when it was before the Cabinet. The issue with regard to the removal of the term limit of the President will not be faced by this country at least for another “four years and two months”. How then can this bill be “urgent in the national interest” to warrant such indecent haste? Sir, I ask you in all humility: is this House also expected to capitulate and take leave of its senses like the Cabinet and permit the passage of this Bill post-haste? The rush is so intense, that even the special resolution providing in “standing order 46A” designed to by-pass Constitutional requirements, itself, is being avoided, since there is no time to waste to indulge in something that is made for that very purpose! I do not think that these manoeuvres are becoming of any responsible government. All right-thinking people of this country have condemned this.

The Civil Rights Movement, the Organization of Professional Sssociations and the Bar Association of Sri Lanka have all warned the government not to resort to the “urgent bill” procedure.

The Bar Association of Sri Lanka, having warned in due time, has again issued a statement this morning, and I quote:

“The Bar Association of Sri Lanka is perturbed by the move of the Government to introduce the 18th Amendment to the constitution as an “urgent bill”.

As early as June this year, the bar Council resolved that constitutional Amendments should not be presented as “Urgent Bills” and urged the Government to desist from proposing Constitutional Amendments in the form of “Urgent Bills”.

This position of the Bar Association was communication to the Government given wide publicity as well. We regret to note that despite this, the Government is planning to proceed with the proposed 18th Amendment to the Constitution as an “Urgent Bill” to be debated and voted on 08.09.2010.

As the professional body representing all lawyers of this country, we strongly urge the Government not to move this proposed Bill without a fuller public discussion and debate on such an important matter.”

Needless to say, no right thinking person can condone this, and we unreservedly condemn the government for making a mockery of the hallowed process of constitution-making.

I wish to ask the Honourable Prime Minister: why did you choose to dismiss this wealth of advice from the intelligentsia of this country? There can be only one answer: Fear!”

As Sumanthiran rightly pinpointed, Sri Lankan government fears that their misdeeds will become exposed to the outside world and this fear is making them cover up their crimes. The 18th Amendment is another move towards the government’s goal of covering up for the atrocities that they committed. The Rajapaksa brothers want to be in power forever to prevent world bodies from questioning their conduct.

Mr. Rajasingham Jayadevan, in his article titled “Cover ups are worse than their crimes”, says the following. Selected passages from his article are given below.

“‘The current notion of state sovereignty was laid down in the Treaty of Westphalia (1648), which, in relation states, codified the basic principles of territorial integrity., border inviolability, and supremacy of the state (rather than the Church). A sovereign is a supreme lawmaking authority.’ In the fast progressing world, the meaning of sovereignty must be redefined to ensure accountable behaviour of nations to honour its commitments and become accountable to be in partnership in the global village.

In order to cover up their misdeeds, the rogue sovereign states like Sri Lanka and Robert Mugabe’s Zimbabwe are kicking on the faces of the international community, when questions on violation of international laws and protocols are raised on their conduct.

When a scandal breaks, the discovery of an attempt ot cover up is often regarded as even more reprehensible than the original deeds.”

In this context, I wish to state what I said in Sri Lankan parliament a few years ago when the Sri Lankan government said that Sri Lanka is a sovereign state and that none can interfere in their affairs. I retorted by saying, that sovereignty is not virginity. We are in the 21st century. The concept of sovereignty is undergoing radical changes. Under the cover of sovereignty, no country has the right to cover its misdeeds, atrocities and their moves towards genocide.

Mr. Rajasingham Jayadevan, in his concluding paragraph, beautifully summarizes his article, titled “Cover ups are worse than crimes”.

“Sri Lanka is on the edge! Unless it finds its way to redeem itself from its mess, mere cover ups and military manoeuvring in the civil administration will not help. The doors are hard to open on Sri Lanka but they have become shaky and will open one day to count the skeletons in whatever forms or shapes they are in. That will be the day Sri Lanka will away from its slumber.”

The so-called independence granted in Sri Lanka in 1948, has no meaning for the Tamils. It was only a change of masters from white to black or brown. The position of the Tamils is worse than what it was before independence. 60 years have passed by and all the amendments that have been brought in by the successive Sinhala governments have made the Eelam Tamils an enslaved nation. The 18th Amendment is another move towards silencing the Tamils forever and for Rajapaksa and his family, to be in power with none to challenge them. But the Tamils who have been rulers of the world will not meekly submit to Mahinda Rajapaksa’s unruly regime. Raja Raja Chola, concurred Anuradha and defeated Mahinda the fifth, ruling Sri Lanka for 79 years. Sri Lanka was considered the ninth province of the Chola kingdom. Who knows? Maybe history may repeat itself.