This document provides an analysis of the 13th Amendment to the Sri Lankan constitution regarding devolution of power. It discusses the historical context of power sharing proposals and the Indo-Lanka Agreement that led to the 13th Amendment. The author argues that the 13th Amendment was not sincerely intended to devolve power and risks undermining Sri Lankan sovereignty. Instead, internal conflicts should be resolved through attitudinal change, democratic empowerment for all communities, and equitable economic development across regions.

1. “The Devolution Debate &
the 13th Amendment of
Sri Lanka”
“Establishing Sri Lankan Nation & Ensuring the
Level of Equalism, Democracy and Liberty”.
Sahabdeen M. Irshad.
BA. in Social Sciences (OUSL).
Dip. in Governance, Democratization & Public Policy (CISS).
Cert. in Social Harmony (OUSL).
No – 196/6, Grand Pass Road,
Colombo – 14.
Contact No – 0755043096, 0114260146.
E-mail: irshad.sahabdeen@yahoo.com

2. P a g e | 2
Foreword
The objective of this critical analysis of the 13th
Amendment of the Constitution of Sri Lanka which
has been promoted to be practice by the Parliament of the Democratic Socialist Republic of Sri
Lanka, in which the investigation of public opinion on the implementation of the 13th
Amendment
in Sri Lanka. This article investigates the major points that has being discussing by the present
Government of Sri Lanka, which the resolution for the Tamil speaking minority people in the
country while assuring them socio-cultural and economic, political rights and to practice the degree
of Equalism, Social Democracy and Ethnic Harmony in Sri Lanka.
Sri Lanka is an island in the Indian Ocean, where the world’s major four religions were found to be
practiced by its people freely and equally. During the conflict era of the Tamil tigers between the
government forces since the root of Elam struggle our people were affected by each and every
dimension. During the Elam struggle the turning point of the Sri Lankan history was made by the
great politicians at then Mr. J. R. Jayewardene, first Executive President of Sri Lanka and Mr. Rajiv
Gandhi, Prime Minister of India were came to an conclusive effort with signing the Indo-Sri Lanka
Agreement in 1987 as to the resolution of the Elam struggle and assure safety and security, and
social justice for Tamil people in Sri Lanka.
In this report specially I have investigated the alternative power sharing proposals which were
presented by the respected governments at then and has given a comparative analysis of these
proposals which mainly talking about the sharing of political powers to the center and peripheral
authorities and so on and also the report have investigated the former literatures with regard to
the current issues in Sri Lanka relating to the devolution of power and constitutional framework to
resolve the ethnic minority issue of the country.
At the end of the Elam struggle in 2009, the present Government of President Mahinda Rajapakshe
was undoubtedly criticized by the LTTE supporters and Diaspora internationally. But the so called
resolution for the Tamil speaking people of this country still under pressure and undermine. I think
the government should give an effective resolution to implement the 13th
Amendment and they
should negotiate with the Tamil people and their representatives to dialogue about their issues.
In my view, the 13th
Amendment to the constitution is a hidden agenda for an Elam state which
were demanded by the former terrorist of LTTE’s and the Tamil Diaspora. this is the time we should
think about the issue in a different dimension, because this is not any more a internal issue now
and it has being internationalized by the Tamil Elam strugglers’ around the international arena. So I
think we must stand firm to be good enough to solve this issue very keenly sensational and blasting
problem in our society. We cannot bend or kneel down for any international intervention to solve
our internal conflicts and our problems being internationalizing. The time has come to be united for
our motherland Sri Lanka, which is sophisticated in greatest Socio-Cultural civilization and laid the
foundation by the greatest Kings and Queens in our history. They have sacrificed their lives to
create a great Sri Lankan nation in the world.

3. P a g e | 3
This report has suggested a series of recommendations to be implemented by the Government of
Sri Lanka, while attempt to implement the recommendations of the Commission on Lessons Learnt
Reconciliation Report – LLRC, November 2011.
I feel a great honor to present my views and suggestions in decision making to support the
governing body of the state.
We salute to our motherland,
All praises be to almighty God.

4. P a g e | 4
A Commentary on the Devolution of Power in Sri Lanka:
Towards Equity and Democracy.
S. M. Irshad
As precisely demonstrated by the Commission of Lessons Learnt Reconciliation (LLRC), it is
necessary to implementing the recommendations first and foremost. The most important point is
to accepting the truth that allows s to solve our internal political and social conflicts by the state
and not allowing any third party intervention to our country.
In my view, Sri Lanka is a state that experiencing the multicultural, multiethnic and multi religious
society has been the victim of the most devastated war for three decades. So in order to come out
from the situation we need spiritual mind wash and attitudinal change to reconstruct the civil
society from the post war conflict in Sri Lanka.
Apart from that the 13th
Amendment does not deserve to be resuscitated, because its foundation is
incurably flawed for several reasons. First and foremost, there never was a genuine desire to
devolve power through the medium of the 13th
Amendment. It was an exercise in insincerity. There
was no inner conviction; there was no desire on the part of the persons who formulated that
instrument to abide by its provisions. That was the principle weakness of the 13th
Amendment.1
As mentioned in the LLRC, it states that “All parties should recognize that the real issue of sharing
power and participating in Government is the empowerment of the people and making the political
leaders Accountable to the people. This applies to Sri Lanka as a whole and includes the needs of
citizens of all communities, Sinhala, Tamil, Muslim and others. The effective functioning of the
democratic system which fulfils these needs, together with a consensual framework of devolution
will, by virtue of attributes and institutions intrinsic to it, also provide the answer to the grievances
of minorities”.2
The other important closure is to be noticed by the state that “All parties must commit themselves
to finding solutions internally through negotiation with each other. The Tamil leaders should take
account of the unnecessary Internationalization of the ethnic issue and the external pressures
exercised by the Diaspora and its impact on the negotiations for a political settlement. The
perceptions of external threat and intervention can create a sense of insecurity that can seriously
impede the progress towards an acceptable solution.3
1
G. L. Peiris”Towrads equity” 2000, page 148. The P. Navaratnarajah Memorial Oration on “from the Bandaranayke –
Chelvanayagam Pact to the Draft Constitutional Proposals” on 28 July 1997 at the BMICH.
2
The Commission on Lessons Learnt and Reconciliation Report - LLRC, 2011, chapter 8.222, page 307.
3
The Commission on Lessons Learnt and Reconciliation Report - LLRC, 2011, chapter 8.223, page 307.

5. P a g e | 5
I believe that the ethnic rivalry should be addressed by the devolution of power rather
militarization or any kind of effective measures. I think that the way to peace is through sharing of
power.
So there is another problem: the problem of equitable and balanced economic development of
different regions of the country. All the resources must be available to the remote areas and they
must be in a position to decide for themselves. The central problem of Sri Lanka today is an acutely
perceived sense of alienation on the part of a larger segment of the community. They do not feel
they are sufficiently involved in the decision making processes, which they were socially,
economically, politically and culturally excluded, in whatever part of the island they may wish to
reside in. This economic dimension is on focus of social equity, which is an integral part of the
rationale of devolution, should not be neglected by any means because of the very considerable
turning point of equal justice and legitimacy which has a great influence on ethnic issues.4
The political demands of the Tamil militants at the time of 1985 were embodied in what has now
known as The Thimpu Principles. The peace talks in Thimpu would be the first direct interaction
between the Tamil militants and the government of Sri Lanka which was facilitated by the Indian
government. The importance of the Thimpu talks is the demands of the Tamil militants. At Thimpu,
the six Tamil organizations (including TULF) have demanded “the four cardinal principles” which
were the backing goals of the Tamil Elam. These were:
1. Recognition of the Tamils of Sri Lanka as a distinct nationality.
2. Recognition of an identified Tamil homeland and the guarantee of its territorial integrity.
3. Based on the above, recognition of the inalienable right of self-determination of the Tamil
nation; and
4. Recognition of the right to full citizenship and other fundamental democratic rights of all
Tamils who look upon this land as their country.
In referring to the above demands of the Tamil militant organizations, the first 3 principles were
can be consider in fairly but later on the then government wholly rejected since they negated the
sovereignty and territorial integrity of the state of Sri Lanka.5
Finally the 13th
Amendment is the direct consequence of the Indo- Sri Lanka agreement in 1987, to
the new political system to Sri Lanka, which was introduced by the vision of the president of Sri
Lanka at then His Excellency Mr. Junious Richard Jayewardene, establishing the Executive
Presidency Constitution of 1978.
4
G. L. Peiris”Towrads equity” 2000, page 173, An edited version of the speech delivered at the inauguration of the
Consultation on Draft Constitution held at the BMICH on 9, August 1997.
5
G. L. Peiris”Towrads equity” 2000, page 182, Address to the Commonwealth Human Rights Initiatives, New Delhi, 18th
December 1997.

6. P a g e | 6
Comment on the Validity of the 13th
Amendment.
There are some important five factors to be tested in relating to the success of the 13th
amendment. These are certain basic and indispensable prerequisites in formulating a proposal in
relation to devolution of power.
Five Factors –
 Sincerity - when there is an initiation of a devolution proposal, the people must accept we
are doing and what is being done with the value of sincerity. If there is no credibility, this
may gone to unsuccessful. Because people would not agree the fact that you are doing so.
 Clarity – this is also a very conflicting fact according to my view, simply because the 13th
Amendment is suffering from lack of clarity about its exact functions. There must be a clear
order what we are going to function or to practice the correct job. There should be a clear
function that stating the functions of the centre and periphery and so beyond. This is the
conflicting chaos being created by the 13th
Amendment in getting to the practical way.
 Overall ideology – this is another fact that binds the initiations together with an overall
idea. This creates a very stronger foundation under the initiations made by the devolution
proposal. Without any clear cohesion or the ideological philosophy, the devolution
proposals not to be function well.
 Enforceability – this is the process of the implementation of the proposal. The
enforceability means the capability of getting in to the practice, so the important fact in this
regard is the financial capability; all the legal structures will have very little meaning in
practice, unless the periphery has the wherewithal to discharge its functions like we have
now the finance commission, which is responsible for the allocation of resources to the
provincials councils. Devolution means demarcation, delineation of boundaries, frontiers of
jurisdiction. That is the essence of devolution. When these frontiers are transgressed or
when these are encroached upon by legislative action, legislative action which is ultra vires
the document that controlled the devolutionary process, there must be effective remedies
that are capable of invocation in those circumstances.6
 Conflict resolution – this is the final fact that we explore to quest the proposal and this is
clear that the availability of adequate and viable machinery enabling the resolutions of
conflicts which will be inevitably arise from time to time between centre and periphery. We
must look at the other nations which they have prior experiences in solving the conflicts
6
G. L. Peiris,”Towrads equity” ,2000, page 160, Inaugural Address at the India - Sri Lanka Consultation on Devolution, 4,
March 1995.

7. P a g e | 7
between centre and periphery with regard to India and Canada, which were playing a great
deal in this.7
The 13th
Amendment versus the Draft Constitution of
1997 (Devolution Proposals).
To put out an talk on the devolution proposals which was presented by the government of
president Ms. Chandrika Bandaranayke in October 1997,which was later fine-tuned in the
constitution bill presented in parliament in august 20008
, is a comparative forecast of its main
provisions.
The 13th
Amendment9
Draft Constitution of 199710
 Establishment of provincial councils in
nine provinces with the north and the
east councils being merged temporarily.
Unitary status of the republic of Sri Lanka
remains unchanged.
 The unitary nature of the constitution is
replaced with a kind of quasi federalism
as the draft provides that the republic of
Sri Lanka shall be an indissoluble union
of regions.
 In a situation of emergency, the
president may be proclamation assume
to the centre the administration of the
provinces, while the powers of the
provincial councils can be taken over by
the parliament. The president has no
power to dissolve a council. An
amendment act of1990 provides that
where more than half of the members of
a council expressly repudiate of
manifestly disavow obedience to the
constitution or when the council cease to
function, the council shall stand
dissolved.
 Article 26(a) of the draft proposal
permits the president in a situation
where there is a clear and present
danger to the unity and sovereignty of
the country, by proclamation to assume
to herself/himself the functions and
powers of the governor, the board of
ministers or any other authority. The
president is also given the power to
dissolve the regional council in such a
situation, though if such dissolution is to
be in force for more than 14 days it must
be approved by parliament.
 There is confusion as to whether the
governor is a nominal leader acting on
the advice of the board of ministers of
whether he can override his ministers
 The governor is clearly a figurehead, with
powers comparable to the governor
general of earlier times.
7
G. L. Peiris,”Towrads equity” ,2000, page 162, Inaugural Address at the India - Sri Lanka Consultation on Devolution, 4,
March 1995.
8
Partha S. Ghosh, “Ethnicity versus Nationalism; The Devolution Discourse in Sri Lanka”, 2003, page 301, chapter VII.
9
The 13th
Amendment to the constitution (1987); An Act to Amend the Constitution of the Democratic Socialist
Republic of Sri Lanka of 1978.Published in the Government Gazette of Sri Lanka 20th
November in 1987.
10
The Devolution Proposals was presented by the Government of President Ms. Chandrika Bandaranayke in October
1997, was later fine-tuned in the Constitution Bill presented in Parliament in August 2000.

8. P a g e | 8
and act on orders of the president.
 Subjects devolved to the provincial
council are contained in the provincial
councils list (police and public order,
planning, educational services, local
government, provincial housing and
construction etc.), while subjects
retained by the centre are in the reserved
list (national policy, defense and national
security, foreign affairs, etc.).The
parliament is also given the powers to
make laws with regard to subjects
specified in the concurrent list after
consultation with that provincial
council’s parliament considers
appropriate. The concurrent list relates
to subjects such as planning at the
provincial level, higher education and
educational services, national housing
and construction, agriculture and
agrarian services, health etc.
 The concurrent list is abolished,
increasing the number of subjects in
which a council will have sole authority
to legislate. The regional councils are
also given the greater revenue raising
powers.
 Devolution of power with regard to the
judiciary is not laid down in detail.
 There is a provision for the establishment
of regional judiciary and a regional
attorney general.

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Critique of the Devolution Proposals of 1997.
There was a widespread support for the devolution proposal internationally and also in India most
of the newspapers and journals welcomed the efforts of President Kumaratunga. The frontline
(Chennai magazine) was somewhat extravagant in its remarks. It said;11
“What is on offer to Sri Lanka’s Tamil minority is nothing less than a radical transformation of a
unitary constitution and polity into an equitable and democratic ‘union of regions’ structure. The
devolution package unfurled by President Kumaratunga on august 4, 1995 in impeccable in concept
and, with respect to framework and substance, impossible for any reasonable party claiming to
represent Tamil aspirations to turn down. President Kumaratunga’s proposals represent a
considerable advance on what is available to the states in India.”12
On the other part of the world, especially the US States Department, United Kingdom’s Foreign
Office, the French Foreign Ministry, Canadian Government and Australian Foreign Minister, and the
European Union also given a warm support and congratulated the initiation made by the President
Kumaratunga’s devolution package.
Later on in certain respects the devolution proposals were more anti-federal than the 13th
amendment provisions. According to Edirisinha;
“Quite amazingly, even the provisions of the 13th
Amendment, presently in operation, contain better
safeguard to prevent Provincial Councils from arbitrary dissolution! In a situation of emergency, the
president may by proclamation assume to herself the administration of the province, while the
powers of the Provincial Council are taken over by parliament. The president has no power to
dissolve a Provincial Council even in such a situation. Thus the existing Constitutional Provisions,
which are tighter, more specific and yet enable the centre to respond in a crisis, are preferable to
the provisions in the January 1996 Legal Draft and the October 1997 Draft Constitution”.13
The real problem, according to liberal critique, was the failure of the draft constitution to actually
appreciate the tenets of plural society and proceed accordingly. The primacy that Buddhism was
accorded in the constitution negated secularism, the most fundamental principal of a plural
democracy. The right of self-determination which is another basic principal of pluralism was also
not duly considered.14
11
Partha S. Ghosh, “Ethnicity versus Nationalism; the Devolution Discourse in Sri Lanka”, 2003, page 302, chapter VII.
12
Quoted in Tamil Times, 15 August 1995, p. 11.
13
Ibid, p. 27.
14
Partha S. Ghosh, “Ethnicity versus Nationalism; the Devolution Discourse in Sri Lanka”, 2003, page 313, chapter VII.

10. P a g e | 10
Adapting a Real Action Plan: The Fundamental
Legislations & Recommendations.
In my opinion there should be a clear action plan to implement the 13th
Amendment is timely
needed to our Sri Lankan society. These proposals seek to redefine the constitutional foundation of
a plural society within a united and sovereign republic of Sri Lanka based on the following principles
and recommendations.15
1. Promoting a vision of Sri Lanka where all communities can live in safety and security and
their human dignity is valued and equality of treatment is an accepted norm of public life;
2. Ensuring that all communities be given the space to express their distinct identity and
promote that identity including the right to enjoy their own culture, profess and practice
their own religion, and nurture and promote their own language including right to transact
business with the state in the national language of their choice;
3. Ensuring g that all persons may fully and effectively exercise all their human rights and
fundamental freedoms without any distinction and in full equality before the law;
4. Giving recognition to Sinhala and Tamil as official languages and recognizing English as a
link language;
5. Providing an effective constitutional framework for the sharing of power with the regions
based on an internally consistent and coherent value system. There would be clarity and
consistency in the distribution of power between the centre and the regions and the scheme
would be one which is capable of effective implementation and include structures for the
just and equitable resolution of centre regions disputes;
6. Ensuring that all communities participate fully in the life of the nation whether it be at the
national ,regional, or local level, thereby encouraging the regions and the communities
which inhibit them to become constructive partners in a stable and pluralistic democracy;
7. A new constitution must be founded on the values of equality, justice, dignity and
pluralism.16
15
Edited by Regi Siriwardene, “Sri Lanka; Devolution Debate”, International Center for Ethnic Studies, Colombo, 2006,
Annex – B, page 122, The text of Governments Devolution Proposals of August 3, 1995.
16
Dinusha Panditharathne, Pradeep Ratnam,” The Draft Constitution of Sri Lanka; Critical Aspects”, 1998, page 34, A
Critical Overview; Constitutionalism, Conflict Resolution and the Limits of the Draft Constitution by Rohan Edirisinha.
Law & Society Trust Publication.

11. P a g e | 11
8. The new constitution must incorporate the 4 Thimpu Principals, suitably modified to fit into
a united Sri Lanka. This should be done in a manner that does not necessarily accept the
traditional homeland theory for reasons of conflicting historical perspectives.17
9. The government should establish a special investigative team independent of the inspector
general of police, the military and the attorney general, to conduct effective and
independent investigations leading to prosecutions for the 2006 massacres of ACF aid
workers and five students in Trincomalee, the murders and disappearances of journalists,
the hundreds of cases reported to the LLRC of people disappearing after being taken into
army custody, and the many reported rapes and sexual assaults at the end of the war and in
its aftermath.18
10. The government must cease its interference in the work of the police and the judiciary and
allow them to actively and freely investigate and prosecute crimes, beginning by removing
the police service from the control of the defense ministry. The government should bring
parliamentary provisions for removing senior judges in line with international standards.115
ultimately, the eighteenth amendment must be reversed and the full independence of a
range of commissions – human rights, police, bribery and judicial services – restored,
including provisions to ensure a less politicized selection of judges.19
11. The government must effectively investigate and prosecute those guilty for attacks on and
murders of journalists, end ongoing intimidation of journalists and political critics, remove
blocks on and controls over websites critical of the government, and enact a meaningful
right to information law.20
12. The military should cease its control over development and humanitarian projects, allow the
civilian administration to function freely, withdraw from all commercial activities, reduce
the number of troops and the size and number of military bases and checkpoints, end
intrusive and threatening military surveillance of the population, and return all land seized
and held without due process or compensation. The government should end its practice of
using the Public Security Ordinance to grant policing powers to the military each month and
should disarm all armed groups working with the military or other government agencies.21
17
Dinusha Panditharathne, Pradeep Ratnam,” The Draft Constitution of Sri Lanka; Critical Aspects”, 1998, page 34.
18
Sri Lanka’s Authoritarian Turn: The Need for International Action, Crisis Group Asia Report N°243, 20 February 2013,
Page 25, III. A Real Action Plan.
19
Crisis Group Asia Report N°243, 20 February 2013, Page 25, III. A Real Action Plan.
20
Crisis Group Asia Report N°243, 20 February 2013, Page 25, III. A Real Action Plan.
21
The recommendations from 13 to 19 were adopted from Crisis Group Asia Report N°243, 20 February 2013, Page 25
& 26, 27, III. A Real Action Plan, International Crisis Group.

12. P a g e | 12
13. The government should begin genuine negotiations with the TNA on an outline of an
agreement on effective devolution of powers to the provinces, to be presented to the
parliamentary select committee where Muslim, Tamil and all parties could then join in a
time-bound process of finalization. Negotiations on constitutional arrangements must be
accompanied and strengthened by the demilitarization of the north and east as well as
other policy changes, including an end to land takeovers, Sinhalisation and the destruction
of Hindu and Muslim religious sites. Free and fair elections to the northern provincial council
should be held as soon as possible, without prior gerrymandering or weakening of provincial
council powers.
14. The government should formally abandon the north-east land policies announced in the July
2011 circular, and establish a national land commission to propose future national land
policy guidelines, as required by the thirteenth amendment. Its work should involve the
participation of the TNA, Muslim parties and local residents in north and east.
15. There must be no further delay in making available a register of the names of all those
currently in detention on suspicion of involvement with the LTTE. All detainees – whether
suspects/surrenders from 2009 or longer-term detainees must either be charged or
released.
16. Other reconciliation gestures: The government should publish and make easily available the
full LLRC report in Sinhala and Tamil; allow once again the national anthem to be sung in
Tamil at official events; and establish inclusive public ceremonies designed to recognize and
honor the death and suffering of civilians from all ethnic communities.
17. Establish a new investigative body, independent of the military and the attorney general’s
department, and composed of non-political appointees nominated by both the government
and opposition parties and fully empowered and resourced to investigate and prosecute
alleged violations. Their investigations must provide effective protection – preferably with
international assistance – to all key witnesses, including government doctors who worked in
the “no-fire zones”. It should also allow for video-testimony from outside Sri Lanka, as
during hearings of the Udalagama commission of 2007-2009.
18. Task the new investigative body to look into the following allegations: a) attacks on
hospitals and makeshift medical centers, particularly the multiple attacks on the hospital at
Puthukkudiyaruppu (PTK), b) attacks on civilian concentrations and c) those end-of-war
disappearances and executions about which there is already compelling evidence in the
public domain, including regarding the alleged perpetrators. These include the killings of
“Colonel” Ramesh, LTTE newsreader Isaipriya, the son of LTTE leader Prabhakaran, and the
unknown victims in the Channel 4 execution videos.

13. P a g e | 13
19. Institute a fair and transparent process for investigating alleged LTTE abuses and for the
fair trial of field commanders or other mid- or senior-level LTTE leaders now in custody and
against whom there is credible evidence of grave breaches of international law or serious
violations of domestic law (eg, child conscription, murder, torture).118 These investigations
should ultimately include ex-LTTE leaders now with the government, such as V.
Muralidharan (“Karuna”), S. Pathmanathan (“KP”), George Master and Daya Master – and
any others who may be held in secret detention centers.
20. In my view the government of socialist republic of Sri Lanka should undertake the above
mentioned recommendations and commentaries to the implementation of the 13th
Amendment to resolve the Tamil insurgency in the country which was greatly affected our
nation and our hearts.
21. Finally I would like to express my pleasure in writing this critical assessment and
recommendations to the parliament select committee to look forward in implementing the
13th
amendment more effectively while ensuring the constitutionalism and unitary
statehood of republic of Sri Lanka and to implement the policy framework and
recommendations were presented by The Commission on The Lessons Learnt Reconciliation
Report (LLRC) in fairly ensuring social justice.

14. P a g e | 14
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