The 13th Amendment

THE 13TH AMENDMENT

• On 29 July 1987, Indo-Sri Lanka Accord was signed between Indian Prime Minister Rajiv Gandhi and Sri Lankan President J.R. Jayewardene which stated the devolution of powers to the provinces.

• Hence on 14 November 1987, the Sri Lankan Parliament passed 13th Amendment to the 1978 Constitution of Sri Lanka and the Provincial Councils Act No 42 of 1987 to establish provincial councils.

• The amendment aims at creating provincial councils in Sri Lanka and enable Sinhalese and Tamil as national languages while preserving English as the link language.

• However, there are practical problems in devolving land, the police and financial powers to the provinces and the Government has stressed that the structure that is implemented should be acceptable to all parts of the country.

• The agreement was aimed at finding a way forward on devolution of political powers to the then North-Eastern province, comprising the Tamil dominated areas of the island country.

Significance

The proposed devolutionary system in Sri Lanka is a significant achievement since the 1980s, addressing growing Sinhala-Buddhist majoritarianism. Once fully implemented, provincial councils will have selfgovernance over education, health, agriculture, housing, land, and police. This system aims to promote unity among all Sri Lankan communities, allowing them to live together as one.

Why is it contentious?

The 13th Amendment in Sri Lanka, signed by President Jayawardene, was opposed by Sinhala nationalist parties and the LTTE due to its perceived power imbalance. The Sinhala polity, including the leftist-nationalist Janatha Vimukthi Peramuna (JVP), saw the amendment as an imprint of Indian intervention. The Tamil polity, particularly its dominant nationalist strain, does not find the amendment sufficient in its scope or substance. However, some, including the Tamil National Alliance (TNA), see it as an important starting point for building upon the 13th Amendment, which was largely represented by the Tamils of the north and east in Parliament.

India’s Stance

India has urged Sri Lanka to address the Tamil community's legitimate aspirations by implementing the 13th Amendment to the Constitution of Sri Lanka. This is seen as critical for ensuring the protection of fundamental freedoms and human rights of all citizens, and India considers the full implementation of this amendment as essential for reconciliation with the minority Tamil community.