CONSTITUTIONAL_CHANGES_TO_BE_MADE.pdf-SOME IMPORTANT CHANGES TO BE MADE IN THE LANKAN.pdf

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SOME IMPORTANT CHANGES TO BE MADE IN THE LANKAN

CONSTITUTION

Findings, opinion and suggestions placed before

the Public Representations Committee on Constitutional Reforms

in the

Jaffna Sitting (District Secretariat)

16th February, 2016

By

Abimanasingham Sitthawatthai Uthayakumar B.Sc.(Mech. Eng.)

e-mail – [email protected]


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SOME IMPORTANT CHANGES TO BE MADE IN THE LANKAN

CONSTITUTION

Honourable Members of the Constitutional Assembly of Sri Lanka,

A constitution is the supreme law of the land. It takes precedence over all other laws in the country.

All what are considered very important only, written in the Constitution.

Thus, the Honorable Members of the Constitutional Assembly of Sri Lanka:

1) No article or articles of the constitution of Lanka shall be considered as un important or lesserimportant than any other article or articles of the Constitution,

2) No article or articles of the Constitution of Lanka shall be inconsistent with or contrary to any otherarticle or articles of the Constitution,

3) When the citizens of Lanka engage themselves in changing the constitution, all the fundamentalflaws in the present Constitution should be rectified by the Constitutional Assembly.

A country and its citizens are recognized or identified internationally and internally first with the NationalFlag, then with National Anthem and finally with the Constitution of the country.

Thus, when the citizens of our Mother Land Lanka are being engaged themselves now in formulating a newConstitution, it is none other than logical to speak things in the same order.

I. DO WE HAVE TO CHANGE THE NATIONAL FLAG OF OUR COUNTRY?

Our mother land has been facing protests by a section of the citizens regarding the National Flag ofthe country and there are a number of cases related to the National Flag pending in differentCourts.


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But, so far, neither the Department of Attorney General nor the Lankan Courts have made anydecision on this very important matter!

Madams/ Sirs,

On March 2nd, 1951, the Parliament of our country approved the National Flag with Green, Maroonstripes and a lion holding a sword.

However, the 1972 Constitution of our country only gave to Buddhism the foremost place in thecountry.

The Article – 9 of the present Constitution of the Republic of Sri Lanka says that “ The Republic ofSri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of theState to protect and foster the Buddhist Sasana, while assuring to all religions the rights granted byArticles 10 a nd 14(1) (e).”

The Constitution of the Republic of Sri Lanka does not give specifically the FOREMOST place in thecountry to anything other than BUDDHISM!

This compels us to raise an important question.

What should the National Flag of Republic of Sri Lanka that gives the foremost place to Buddhismin the country depict?

Should it depict Buddhism, or some other thing?

First of all, the Legal Experts of Lanka have to make a correct decision on this matter!


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1. IF THE NATIONAL FLAG SHOULD DEPICT BUDDHISM AS EMPHASIZED IN THE ARTICLE – 9OF THE CONSTITUION:

If the Legal Experts of Lanka come to the conclusion that the National Flag of the Republic of SriLanka should depict BUDDHISM in accordance with the Article – 9 of the Constitution, anumber of important relevant questions arise. They are:

i) What should be depicted on the National Flag?

ii) What Symbolizes Buddhism?

iii) Our country is said be a Buddhist country for the last 2300 years. Was there not anyBuddhist Flag in use in Sri Lanka for the last 2300 years?

iv) If there was, what was it?

v) Could not that Flag be used now as the National Flag of the country in accordance with theArticle – 9 of the Constitution?

Here the Experts on ancient literatures of Lanka and the archaeologists have to make a scientificstudy and find correct answers to these questions!

But the main problem is to make a correct understanding on ‘Symbolization of Buddha andBuddhism’!

Unfortunately, none of the accepted Lankan, Indian and other foreign archaeologist, historians andothers has, so far, conducted a scientific study on ‘Symbolization of Buddha and Buddhism’.

A person by the name ‘Abimanasingham Sitthawatthai Uthayakumar’ who studied Maths,Mechanical and Electrical Engineering, Technology etc. in his higher studies has only conducted a


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scientific study on Symbolization’ and ‘Symbolization of Buddha and Buddhism.’

These subjects have been explained in his presentation made before the LLRC on 12 th November,

2010. https://catalog.lib.uchicago.edu/vufind/Record/8456116

2) IF A DECISION IS MADE BY THE LEGAL EXPERTS OF LANKA THAT THE NATIONAL FLAG OF THEREPUBLIC OF SRI LANKA NEED NOT BE DESIGNED IN ACCORDANCE WITH THE ARTICLE – 9 OF THECONSTITUTION:

The Article – 6 of the Constitution says that “The National Flag of the Republic of Sri Lanka shall bethe Lion Flag depicted in the second schedule.”

In the National Flag we find a green and a maroon coloured vertical stripes and a lion holding asword placed at the centre of a rectangle having four Boa leaves inside the rectangle at the fourcorners of it.

Here TWO important questions arise. They are:

i) Could this be called a “Lion Flag” as mentioned in the article – 6 of the Constitution?;

ii) What do the green, maroon colour stripes and the lion holding a sword placed at the centreof the rectangle symbolize?

By cal ling it a “Lion Flag,” the two stripes in the flag are simply rejected!

Then how to describe this flag in the Constitution? A decision has to be made on this!

On the other hand, the second schedule of the Constitution gives the photo of a flag.

https://catalog.lib.uchicago.edu/vufind/Record/8456116https://catalog.lib.uchicago.edu/vufind/Record/8456116https://catalog.lib.uchicago.edu/vufind/Record/8456116https://catalog.lib.uchicago.edu/vufind/Record/8456116


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But it does not give the detail of what the two stripes and the sword carrying lion placed at thecentre of a rectangle with Boa leaves at the corners symbolize.http://www.priu.gov.lk/Cons/1978Constitution/Schedle_2_Amd.html

A SCIENTIFIC STUDY OF OUR PRESENT NATIONAL FLAG

National Flag of a country must unite all the citizens of the country and it should not be a symbolof IGNORANCE!

But, our present National Flag is actually a symbol of ignorance and the Sinhalese of the countryare not represented in the National Flag!!

Present National Flag of Sri Lanka is a modified flag of one of the three flags that were captured in1815 by the British in the Kandyan Kingdom. It was then kept at the Chelsea Royal Military Hospital- London . A painted copy of it was obtained and it was published in the Sinhala paper Dinamina.

http://www.priu.gov.lk/Cons/1978Constitution/Schedle_2_Amd.htmlhttp://www.priu.gov.lk/Cons/1978Constitution/Schedle_2_Amd.htmlhttp://www.priu.gov.lk/Cons/1978Constitution/Schedle_2_Amd.html


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Sinhala ‘Thēravāda’ Buddhists at once associated the flag with the “Sinhalese ” thinking that thelion symbolizes the Sinhalese people!

They failed to conduct a scientific study of the flag, as they did not have any knowledge on thesubjects ‘Symbolization ’ and ‘Symbolization of Buddha and Buddhism. ’

In the original flag of Kandyan kingdom we find a male lion facing our left holding a raised sword,placed at the centre of a rectangle with four pinnacles pointing inwards at the corners.

In the Dambulla painting that depicts Duttag āmani – Ellara fight also, we find similar lion with araised sword facing our left, but kept at the centre of a square with two triangles each having twoequal sides.

Animal lion has nothing to do with a WEAPON sword. Therefore, the lion should symbolize aHUMAN!

In one of the stories of the Commentary on “Samjutta Nikkaya ,” we find Buddha being comparedwith male lion, horse, elephant and Bull.

In the ancient coins, seals and sculptures of Lanka and India, Buddha had been symbolized withthese four animals. In the Buddhist temples and architecture we find these animals. In MihintaleTemple, Kanchi Thupi Gate Thoranas etc. we find these animals.


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Kandarodai Coin

In this coin, on one side, we find the animal Lion . On the other side, ‘a group of four dots placed inthe form of square inside a circle. ’

North Lankan Coin

In this coin, on one side, we find a horse . On the other side , ‘a group of four dots placed in the

form of square inside a circle. ’

Therefore, the horse and lion should symbolize the same thing and a human and that humanshould be associated with ‘a group of four equally important things.’


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North Lankan Coin

In this coin we find bull on one side and an elephant on the other side . Therefore, bull andelephant should symbolize the very same human being!

Indian Coin

In this coin we find a bull on one side and a lion on the other side . Therefore, bull and lion shouldsymbolize the very same human being!

Therefore, the lion, horse, elephant and bull symbolize the very same person, who is associatedwith ‘a group of four equally important things.’

A story in the Samyutta Nikkaya Commentary compares Buddha with the lion, horse, elephant andbull.


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Therefore, the animals in these coins could symbolize Lord Buddha and ‘a group of four equallyimportant things’ that symbolizes ‘the Four Noble Truths.’

This should be further confirmed through some other archaeological finds.

In the ‘Lion Capital ’ of Sarnath, India , that symbolizes Buddha preaching ‘the Four Noble Truths ’ that emphasize ‘the Middle path, ’ we find on the cylindrical wall these four animals rolling Cakkrasdepicting Buddha rolling the Dhamma Cakkra!

Lion Capital of Sarnath, India

In the Tamil epic Manimekalai , Buddha preaching Dhamma in Lanka is being described as Buddharolling Dhamma Cakkra in Lanka.

Therefore, the Lion in the flag may symbolize Buddha. But we have to confirm it through the othersymbols.

WHAT DOES THE SWORD CARRIED BY THE LION SYMBOLIZE?


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If the lion in the flag symbolizes Buddha, what connection Buddha had with a sword?

Buddha could not have any connection with a weapon “sword”! Therefore, something associatedwith Buddha has to be symbolized with the sword.

The Lankan Sinhala and Tamil archaeologists, historians and Buddhist Sangas could not understandwhat the sword carried by the lion symbolizes for the simple reason they failed to conduct ascientific study on Symbolization and Symbolization of Buddha and Buddhism!

The Tamil word for a ‘sword ’ is “VaaL” ( ). The Tamil grammarian Tolkaapiyan in his“Tolkaapiyam” has said: “VaaL OLiyaakum” ( ) (Uri Iyal ).

Therefore, a ‘sword ’ could symbolize light and Enlightenment !

In the pottery and Tamil inscriptions of T amil Nadu, ‘sword’ had been used to symbolize‘Enlightenment.’ The Hindu Gods and Goddesses also carry sword that symbolizes ‘Enlightenment.’

As an example, photo of a broken pottery is given below. This was discovered at ‘Kodumanal’ inTamil Nadu.

‘Kodumanal’ broken pottery


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In the ‘Kodumanal’broken pottery, we find a conch, a sword and a square divided into FOUR equalsquares.

A conch could make sound that could be heard without discrimination by the people in thesurrounding. Therefore, a conch could symbolize making a public announcement or preachingsomething to all.

The ‘sword’ symbolizes ‘Enlightenment.’

A square divided into four equal squares could symbolize ‘a group of FOUR equally importantthings.’

Therefore, it could be argued that it symbolizes the Four Vedas, the Four Noble Truths etc.

But, a conch symbolizes preaching something to all or making a public announcement.

Also, the ‘Manu Dharma Sastra ’ says that molten lead should be poured into the ears of a ‘Sutra’ who eavesdrops the chanting of Vedas!

Therefore, the square divided into four equal squares marked on this broken pot cannot symbolize‘the Four Vedas,’ but could symbolize only ‘the Four Noble Truths’!

Therefore, these three could jointly symbolize Preaching to all the ‘Four Noble Truths’ thatproduces 'Enlightenment’!

Therefore, the broken pottery of ‘Kodumanal’ is associated with Buddhism !


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Likewise, in addition to Tamil literary evidence, there are hundreds of archaeological finds andstatues of Buddha discovered in South India that confirm that in ancient time, the Tamils of SouthIndia were ‘Mahāyāna’ Buddhists !

Likewise, burning fire, different types of oil lamps, full moon etc could be used to symbolize Enlightenment . In the coins and other archaeological finds of Lanka and India, we find these usedto symbolize Enlightenment. To overcome lack of adequate space in depicting full moon in smallcoins, a crescent and a dot inside could be used. See below a ‘Setu’ coin discovered in Jaffna.

Therefore, the Lion holding a sword in the Kandyan flag is an Enlightened Lion, Lord Buddha!

However, we have to confirm this with further evidence.

The Lion in the flag is placed at the middle of a rectangle that has four pinnacles at the corners.

The “nature” of a rectangle with pinnacles at the corners is “a group of four equally importantthings.” Therefore, the rectangle with pinnacles at the corners could symbolize “the Four NobleTruths!

A number of geometric figures similar to those shown below could be created to

symbolize the Four Noble Truths !


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These figures had been used in a number of archaeological finds such as coins, seals,

Brahmi and Tamil inscriptions etc. of Lank ā and India!!

The first symbol is called as ‚Ujjain Symbol‛ by the archaeologists and historians. It isfound marked in the Indian coins . As an example

In this coin we find a bull, ‘Ujjain’symbol and some other symbols that depict whatBuddhism emphasizes..

Indian ‘Saadhavaahana’ Coin

In this coin we find a human face, ‘Ujjain’ symbol and some other symbols!


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Buddha who realized “the Four Noble Truths” adhered to what it emphasizes ( the Middle Path )and attained Nibb āNa . It could be symbolized by placing the lion with sword at the centre of arectangle with pinnacles at the corners!

Therefore, the lion flag of the Kandyan kingdom symbolizes Lord Buddha who adhered to whatthe Four Noble Truths emphasize and attained Nibb āNa!

As the sacred Tooth relic was kept at Daladā Māligāva in Kandy, this flag could have been hoistedat Dalad ā Māligāva to symbolize the reign of Buddha Dhamma !

The Parliamentary Select Committee of Sinhala ‘Thēravāda’ Buddhists and others, who did notknow anything about Symbolization and Symbolization of Buddha and Buddhism , mademodification in the original Kandyan flag.

Not knowing that the original flag symbolizes Lord Buddha and Buddhism, they removed thepinnacles at the corners of the rectangle and inserted Boa leaves with the explanation that the

four leaves symbolize Metta, Karuna etc. and associated Buddhism with the Sinhalese (lion)!

Mr. S. Paranavithana who was appointed as the Secretary to the Committee also did not knowanything about Symbolization of Buddha and Buddhism accepted it.

S. Paranavithana who in 1970s wrote a great book on Br āhmi Inscriptions of Lank ā” was unable tounderstand what the 65 symbols that were found marked in different combinations on the Br āhmiinscriptions severally and jointly symbolize! Even at the time of his death, he did not have ascientific knowledge on Symbolization and Symbolization of Buddha and Buddhism!!

‘Thēravāda’ Buddhism rejects ‘Symbolization ’ and ‘Symbolization of Buddha and Buddhism. ’

Thus, it rejects Pur ānas, literatures, dance, music and other fine arts and architecture symbolizingBuddhism!


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‘Mahāyāna’ Buddhism only accepted these and utilized to explain Buddhism to the ordinary peopleand assisted them to adhere to the preaching of Buddha and attain NibbaaNa.

Therefore, when we speak about arts and architecture of Lanka , we cannot claim them as “Sinhalese Arts and Architecture.”

We have to say: “Lankan ‘Mahāyāna’ Buddhist Arts and Architecture! ”

Therefore, the Lion flag of Kandy should have been designed by ‘Mahāyāna’ Buddhists .

But, in designing the flag, the Tamil word “ ” (sword) has been used to symbolizeEnlightenment!

Therefore, the Lion flag of Kandyan Kingdom should have been designed by the Tamil ‘Mahāyāna’ Buddhists who had a thorough knowledge on Symbolization and Symbolization of Buddha andBuddhism.

Madams ,Sirs! Letters of languages, a word, sentence, literature, music, dance, drama, and otherfine arts, iconography, paintings, architecture etc. are all based on Symbolization!

Thus, in the national flag of Sri Lanka, Sinhala people have not been represented!

On the other hand, in the National flag, the Tamils and Muslims are placed along with LordBuddha!

This is a great insult to Buddha and Buddhism!!

Therefore, the present National Flag of Sri Lanka is a symbol of IGNORANCE that insults Buddhaand Buddhism!


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Thus, the present National Flag of Sri Lanka rejects what is being emphasized in the Article – 9 ofthe present Constitution!

Will the Constitutional Assembly make necessary changes in the National Flag ofthe country?

If the Article -9 of the Constitution remains unchanged, will the Constitutional Assembly adopt theflag captured by the British in 1815, i.e. Lion holding sword placed at the centre of the rectanglewith FOUR Pinnacles at the corners, as the National Flag of Sri Lanka in accordance with the article?

If the Constitutional Assembly deletes the Article – 9 of the Constitution, with what it is going tosymbolize the Sinhalese in the present National Flag?

A NEW NATIONAL FLAG FOR LANKA?

A national Flag designed to depict different ethnic groups of a country, or the languages, religionsetc. it will always remind the citizens the divisions.

A national flag of our country must depict something that is common to all its citizens, felt by all itscitizens and always make all the citizens to achieve it.

Madams/ Sirs!

History of our independent mother land could be divided into three distinct periods . They are:

1) Dark Period;

2) Period of Blood Bath and sufferings;

3) Period of Peace.


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In ‘the dark period’ our citizens faced racism, human rights violations, language and religiousproblems, oppression etc.

In the ‘Blood Bath period’ all the citizens of the country faced war, terrorism, deaths, destruction,rape, disappearances, fear and mental and physical suffering etc.

Now is a Period of Peace !

All the normal citizens will have always these three in their mind. All want to live in peace, develop

themselves and the country. All want to lead a safe and happy life without fear. Above all, all donot want to see and experience any more the first two periods!

Therefore, we have to design a simple National Flag that always reminds us of our past and presentlife in the country.

The simplest way is to depict these three periods with three thick stripes: Black, Red and White!

Therefore, the new National flag of our country should be a flag with three stripes Black, Red andWhite.

II. THE NATIONAL ANTHEM OF THE REPUBLIC OF LANKA

National Anthem of a country should be such, while singing it and listening to it, the citizens mustbe able to bind themselves emotionally with their country.

For that, they must understand what they sing or listen.

Therefore, the National Anthem of Lanka should be sung both in Sinhala and Tamil languages.


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By singing the National Anthem only in Sinhala language, others are made out-siders!

When we were studying in the lower classes in 1950s, we sung the National Anthem in Tamil

language.

In a number countries, like Canada, Switzerland, New Zealand, Belgium, South Africa etc ., NationalAnthems are being sung in a number of different languages.

In India , National Anthem is being sung in the State Official Language Bengali which is not theOfficial Language of India! The Official language of India is Hindi !

In Singapore , National Anthem is sung in Malay language . But they have an English version also!

Therefore, schedule - 6 should be changed in the Constitution so that the Tamil speaking peopleand students could be able to sing the National Anthem in Tamil!

III. Eradicating the Ethnic Conflict in Lanka :

The Constitution of the country has to be changed in such a manner to eradicate ‘the Root Cause’ of theethnic conflict in the country and to enhance human rights, democracy and national reconciliation.

WHAT IS ‘ THE ROOT CAUSE ’ OF THE ETHNIC CONFLICT IN SRI LANKA?

Abimanasingham Sitthawatthai Uthayakumar in his submission to the LLRC at the Jaffna DistrictSecretariat on 12 th November, 2010 had said:

“The Honourable Chairman and the Members of the Commission of Inquiry on Lessons Learnt andReconciliation,


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LESSONS LEARNT AND WHAT HAS TO BE DONE FOR RECONCILIATION

For lessons to be learnt there has to be some action or implementation of something based on ‘thinking.’When we talk about the lessons learnt in Srī Laňkā, it is actually the result of the impacts of the accumulatedactions and implementation of policies of the successive governments that ruled the country since theindependence.

Thus, by saying the lessons learnt ‘since 2002,’ a barricade that prevents us from studying the matterscientifically is being created. Therefore, to make our study scientific, we have to ignore the restrictionimposed by the year 2002.

Further, Sirs, I have the opinion that it is actually wastage of time and energy in speaking before theCommission on war and what had happened in the war.

Sirs, the very first victim of a war is justice.

War is a CRIME that involves killing, disappearance, destruction, looting and rape. The side with greater

killing power and destructive power only wins the war.

Sirs, the whole world knows that the Srī Laňkan government has won the war.

Therefore, Sirs, the Srī Laňkan government appointing a Commission and the Commission inquiring aboutthe ‘WAR CRIME’ etc. will be a farce and an eye wash.

Sirs, a wise person will not spend his or her time and energy before this Commission telling what happenedto him or her and the others during the fighting and afterwards.

Thus, Sirs, I have decided to speak about the things other than the WAR and what happened during and afterthe WAR.


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Sirs, our country has been facing problems since its Independence in 1948. The politicians, the politicalscientists, the ‘learned,’ the religious leaders , the media and different special commissions appointed by thesuccessive governments have come out with various theories and identified different things as the problemsthat our country has been facing.

Some say that denying the citizenship of the plantation Tamils and government sponsored Siňhalesecolonization only initiated the problem in the country. Some others say that the economy and unevendistribution of wealth of the country only created problems in our country. Some others say that making‘Siňhala’ as the only official language and giving ‘Thēravāda’ Buddhism the foremost place only createdproblem in the country. Some say that making the citizens other than the ‘Siňhala Buddhist’ as the secondclass citizens only created problem in the country. Some say that not giving equal opportunities to all fordevelopment and to live with dignity only created problem in the country. Some say that the governmentsfailing to share power with different communities and regions only created problems. Some say that theorganized violence directed against the Tamil community in 1958, 1961, 1977 and 1983 only createdproblem. Some, including our former President of the country, say that the failure of the governments of ourcountry to make our country multi - ethnic, multi - lingual, multi - religious and multi – cultural only createdproblems. Some say that the governments failing to make our country a ‘true democratic’ country onlycreated problems.

On the other hand, Sirs, some others say that the Tamils of the North and East demanding a federal state only created problem. Some others say that the Tamils of the North and East demanding a Separate State only created problem. Some say that the “terrorism” of the Tamils only created problem. In fact, in the early80s, the American and West European media described the Tamil youths engaged in armed struggle as

‘Tamil Terrorists’. Some who tried to show that they are precise say that the “ terrorism” of the LTTE onlycreated problem in the country. Some others say that the LTTE breaking the Peace Accord and re-startingthe war only created problems in the country. Some others would say some other similar things only createdproblems.

Sirs, to compile such different views and opinions, a special Commission need not be appointed and theappointed Commission need not sit at different places and hear directly from the people.

What have been reported by the media, speeches made on platforms by the politicians and speeches madeby the Tamil Members of Parliament in the Parliamentary debates all these years will be sufficient!

All these are actually the impacts of actions and reactions caused by different thinking in the minds of thepeople, the political parties, the religious organizations, the other organized legal or illegal bodies and thosewho govern the country.


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Thus, what all these show is that in our multi-ethnic, multi-lingual, multi-religious, multicultural, electoraldemocratic country that was given independence by the Colonialists, there is ‘a root cause’ which broughtout all the above results.

THUS, THE LESSON THAT WE HAVE LEARNT IN OUR COUNTRY IS NOT ACTUALLY ALL WHAT HAVE BEEN SAIDBY THE POLITICIANS, THE ‘LEARNED,’ THE RELIGIOUS LEADERS AND ORDINARY PEOPLE BEFORE THECOMMISSION, BUT THE FAILURE TO IDENTIFY AND ACCEPT THE EXISTENCE OFA ‘ROOT CAUSE’ WHICHOUR COUNTRY HAS BEEN FACING SINCE THE INDEPENDENCE!

THUS, UNLESS THE GOVERNMENT OF SRĪ LAŇKĀ AND THE CITIZENS OF OUR COUNTRY IDENTIFYCORRECTLY ‘THE ROOT CAUSE’ AND ERADICATE IT, OUR COUNTRYWILL CONTINUE TO FACE PROBLEMS,AND DIFFERENT PEOPLE WILL CONTINUE TO IDENTIFY THEM DIFFERENTLY IN ACCORDANCE WITH THEIR

INTERESTS, AGENDA AND ANALYZING POWER. …..

The Honourable Chairman and the Members of the Commission,

My scientific study has made me to come to the conclusion that ‘the ROOT CAUSE’ of all the problems thatwe have been facing in our country is the imaginary and false doctrine of the Siňhala nation, the ‘ĀRYAN’ – SIŇHALA – SIŇHALESE – ‘THĒRAVĀDA’ BUDDHISM – LAŇKĀ Doctrine with one – to - one correspondenceand the successive governments of Srī Laňkā dominated by the Siňhala Buddhists formulating their policiesbased on this imaginary and false doctrine and unilaterally implementing them.

Thus, Sirs,

1. as long as the Siňhala nation adheres to its imaginary and false doctrine, the country would belong only tothe Siňhala ‘Thēravāda’ Buddhists, and Siňhala language and ‘‘Thēravāda’ Bud dhism only could be giventhe foremost place in the country. Thus, citizens other than the Siňhala ‘Thēravāda’ Buddhist claiming rightto the country or a particular region will not be acceptable;

2. as long as the Siňhala nation adheres to its im aginary and false doctrine, the citizens other than theSiňhala ‘Thēravāda’ Buddhists will continue to remain as second class citizens and they have to be contentwith the rights and concessions given to them by the Siňhala Thēravāda Buddhists;


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3. as long as the Siňhala nation adheres to its imagin ary and false doctrine, country could remain as aUnitary State only and genuine power sharing would not be possible. Thus, creation of Federal Statesneither be tolerated nor even be accepted;

4. as long as the Siňhala nation adheres to its imaginary and false doctrine, the country could not be made amulti-ethnic, multi-lingual, multi-religious, multicultural country;

5. as long as the Siňhala nation adheres to it s imaginary and false doctrine, democratic rights would beentirely enj oyed by the Siňhala ‘Thēravāda’ Buddhists. But, in the long run, even the ordinary Siňhalapeople would lose their democratic rights.

THESE WOULD ULTIMATELY CAUSE THE TOTAL DENIAL OF DEMOCRATIC RIGHTS, VIOLATION OF HUMANRIGHTS, ARBITRARY ARRESTS AND EXTRA JUDICIAL KILLINGS, VIOLENCE, WAR, ‘TERRORISM,’BRIBERY,CORRUPTION, MALPRACTICES, DETERIORATION OF ECONOMY, ACCUMULATION OF WEALTH ATTHE HANDSOF SMALL GROUP OF POLITICALLY INFLUENTIAL PEOPLE, POVERTY, MALNUTRITION, SOCIAL PROBLEMS,SUICIDES AND ‘DUKKA’ IN A COUNTRY WHERE MULTI-ETHNIC, MULTI-LINGUAL, MULTIRELIGIOUS, MULTI-CULTURAL SOCIETIES LIVE.

SIRS, THIS IS WHAT OUR COUNTRY HAS BEEN FACING SINCE ITS INDEPENDENCE!

The Siňhala nation adhering to its imaginary and false doctrine causes all these things to happen and thesein turn open the doors for the global powers to exert pressure and manipulate successfully in internalmatters to achieve their own goals.

Some exa mples of internal manipulation by foreign powers are: Formation of the ‘national government’ in1965, Anurādhapura massacre, massacre of the Muslims in the East, killing of V. Tharmaliňgam andĀlālasuņdaram MPs in the Jaffna peninsula, killing of over 450surrendered policemen in the East while thesurrendered policemen in the North were handed over to the ICRC etc.

Thus, formulation and implementation of major policies, enactment of laws and all the direct and indirect‘actions’ of the Governments before the war and during and after the war would have been actually basedon the ‘ĀRYAN’ – SIŇHALA – SIŇHALESE – ‘THĒRAVĀDA’ BUDDHISM – LAŇKĀ Doctrine with one – to - onecorrespondence ….. ”


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The Para -28 of the Report of the UN Expert Panel confirms what was emphasized by AbimanasinghamSitthawatthai Uthayakumar in different words and in its style of presentation.

It states:

“After independence, political elites tended to prioritize short -term political gains, appealing to communaland ethnic sentiments, over long-term policies, which could have built an inclusive state that adequatelyrepresented the multicultural nature of the citizenry. Because of these dynamics and divisions, the formationof a unifying national identity has been greatly hampered. Meanwhile, SINHALA-BUDDHIST NATIONALISMGAINED TRACTION,ASSERTING A PRIVILEGED PLACE FOR THE SINHALESE AS THE PROTECTORS OF SRILANKA, AS THE SACRED HOME OF BUDDHISM. THESE FACTORS RESULTED IN DEVASTATING AND ENDURINGCONSEQUENCES FOR THE NATURE OF THE STATE, GOVERNANCE AND INTER-ETHNIC RELATIONS IN SRILANKA.”

The LLRC Report also has emphasized ‘the Root Cause ’ of the ethnic conflict.

The Para – 8.150 states:

“The Commission takes the view that the root cause of the ethnic conflict in Sri Lanka lies in thefailure of successive Governments to address the genuine grievances of the Tamil people.

The country may not have been confronted with a violent separatist agenda, if the politicalconsensus at the time of independence had been sustained and if policies had been implementedto build up and strengthen the confidence of the minorities around the system which had gained areasonable measure of acceptance.”

However, the method of analysis of the LLRC is wrong.

It should have found the answer to the question what prevented the successive Governments of Sri Lankafrom addressing the genuine grievances of the Tamil people.


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Then the answer comes as the imaginary and false doctrine of the Siňhala nation, the SIŇHALA – SIŇHALESE – ‘THĒRAVĀDA’ BUDDHISM – LAŇKĀ Doctrine with one – to - one correspondence and thesuccessive governments of Srī Laňkā dominated by the Siňhala Buddhists formulating their policies basedon this imaginary and false doctrine and unilaterally implementing them!

Thus, the constitutional chan ges should eradicate the imaginary and false doctrine of the Siňhala nation,the SIŇHALA – SIŇHALESE – ‘THĒRAVĀDA’ BUDDHISM – LAŇKĀ Doctrine with one – to - onecorrespondence!

But to do this, first of all, there has to be a Social Agreement between the Sinhalese, the Tamils of North andEast, the Tamils of Indian Origin,the Muslims and others that:

1) The Sinhala Buddhists reject their SIŇHALA – SIŇHALESE – ‘THĒRAVĀDA’ BUDDHISM – LAŇKĀDoctrine with one – to - one correspondence;

2) The Tamils of the North and East reject their Separatist Agenda;

3)

All the societies must assure that they would safeguard the Independence, sovereignty andterritorial integrity of Lanka.

This could be done by the Elected Members of the Parliament and the Constitutional Assembly.

Unless such social agreement is reached, it will not be possible to make necessary Constitutional Changesto eradicate ‘the Root Cause ’ of the Ethnic Problem in the country.

Therefore, unless a social agreement is reached, it would be a waste of time and energy in talking about suchas Unitary State, Federalism, Union of Provinces etc. , about Power sharing and others !

Above all, firstly the Parliament has to approve the making of Reforms to the Constitution!

However, the Constitutional Changes alone will not make possible the reconciliation in the country.


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The main task of the Constitutional Assembly is to formulate a new Constitution so that all the citizens aregiven all the rights so that while eliminating clash of civilizations, war and destruction, all the communitiescould equally contribute for the development and a peaceful and happy living without any fear.

However, the New Constitution alone we will not be able to change the mind - set of the Sinhalese and othercitizens.

The citizens must understand the TRUTH S and realize how for all these years they have been misdirectedand immersed in imaginary things that in turn caused the citizens to face war and destruction.

Politics of our country has been based on history and different communities have been formulating differentdoctrines based on false and imaginary conclusions arrived at by unscientific analyses of ancient literaturesand archaeological finds of Lanka and India.

“Symbolization” is thegreatest invention of the human beings. Letters, word, sentence, literature, music,dance, drama, iconography, painting, other fine arts and architecture etc. are based on Symbolization.

Thus, unless a scientific study is conducted on Symbolization, symbolization of Buddha and Buddhism etc,logical analysis of literature and archaeological finds will not be possible.

Because of this, our accepted scholars could not understand the fundamental differences between‘Thēravāda’ Buddhism and Mahāyāna Buddhism. They could not understand that in ancient time the Tamilsof Lanka and South India were Mahāyāna Buddhists.

Unless the Sinhala and Tamil nations are rescued from IGNORANCE, there will not be a real reconciliation,peace and development in the country. The denial of basic rights, violence, arbitrary arrests and detention,extra- judicial killing, destruction and poverty will continue.

Sinhala, Tamil, Muslim and other citizens do not know correctly the history of settlement of the people inour island. This only made the present “Sinhalese” to claim that the island belongs to them only!


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Therefore, a FORUM has to be set to conduct scientific studies on symbolization, symbolization of Buddhaand Buddhism, word – meaning relationship of Tamil and other languages, ancient Tamil, Sinhala, Pali,Sanskrit literatures and archaeological finds and teaching literatures, history of human settlement in theisland, archaeology, religions, history, culture, fine arts etc. should be re-planned.

School and University students should be taught Symbolization, Symbolization of Buddha and Buddhism andword – meaning relationship of the Tamil language. A complete history of Buddhism (both Theravada andMahayana) should be taught. All Buddhist and “Hindu” students should be taught “Saivaism” as well.

These will help the students to increase their analyzing power and knowledge.

IV) THE SINHALA – SINHALESE – ‘Thēravāda’ BUDDHISM – LANKA DOCTRINE WITH ONE – TO – ONE NORRESPONDENCE OF THE SINHALA NATION AND WAR CRIMES

Without finding out whether the successive Governments of Sri Lanka have been basing their policies andactions with a certain doctrine or not, it would not be possible for any Commission or the Court to judgecorrectly whether the modes of military actions (using heavy weapons, shelling hospitals, civilians, shellingno war zones etc. causing deaths), methods of handling of the civilians, surrendered LTTE fighters with orwithout weapons during the war and post war mishandling of civilians and the surrendered LTTE fighters bythe Government of Sri Lanka and the forces WERE with certain INTENTION OR NOT.

Abimanasingham Sitthawatthai Uthayakumar ‘s submission to the LLRCand Para – 28 of the UN ExpertPanel Report confirm that the successive governments of Sri Lanka that ruled the country before the war hadbeen ruling the country with the Doctrine Sinhala – Sinhalese – ‘Thēravāda’ Buddhism – Lanka with one toone correspondence.

On the other hand, the paragraphs 8.150 and 8.163 of the LLRC Report confirm that the successiveGovernments of Sri Lanka have formulated and executed policies and actions based on a CERTAINDOCTRINE.

Thus, had there been any proven mass killings of both civilians and the surrendered LTTE fighters, andsystematic mishandling of the civilians and surrendered LTTE fighters, ill treatment of the detainees, rapingof detained women etc., it would automatically confirm that they were carried out with intention and

human rights and humanitarian laws were violated intentionally. This is a War Crime!


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Here only the last Report of the Secretary of the Human Rights Commission becomes very important.

1) "There are reasonable grounds to believe the Sri Lankan security forces and paramilitary groups

associated with them were implicated in unlawful killings carried out in a widespread manneragainst civilians." (Para – 25)

2) "OISL documented long-standing patterns of arbitrary arrest and detention by Governmentsecurity forces, which often reportedly led to enforced disappearances and extra-judicialkillings." (Para- 28)

3)

”OISL has reasonable grounds to believe that the Government knew or had reasons to know the r ealhumanitarian needs of the civilian populations in the concerned areas, including from its ownGovernment agents on the ground, and yet imposed severe restrictions on the passage of reliefand the freedom of movement of humanitarian personnel . This apparently resulted indepriving the civilian population in the Vanni of basic food stuffs and medical suppliesessential to survival” {Para - 53).

4) “ …. OISL has obtainedno information indicating that any specific warnings were issued to thecivilian population inside the NFZs informing them that military operations were about to beconducted” (Para -47) .

5) “Another concern is that security forces employed weapons that, when used in densely populatedareas, are likely to have indiscriminate effects. This is reinforced by the fact that the securityforces reportedly had the means to use more accurate weapons and munitions so as to betterrespect their legal obligations, notably the requirements of distinction and precaution. Inaddition, the security forces publicly declared that they had means at their disposal, such as real-time images from drones, that would have helped them accurately target military objectives”

(Para-46).

6) “OISL documented brutal use of torture by the Sri Lankan security forces , particularly in theimmediate aftermath of the armed conflict when former LTTE members and civilians weredetained en masse.” Para – 34)

7) “ …. OISL believes that the IDPs held in Manik Farm and other closed camps were deprived of theirliberty for periods far beyond what would have been permissible under international law.


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Moreover, the material conditions in these closed IDP camps amounted to violations of theright to health and to an adequate standard of living, including food, water, housing andsanitation ” (Para -54).

8) “On the basis of the information in OISL’s possession,there are reasonable grounds to believe thatthe IDPs were treated as suspects and detained because of their Tamil ethnicity and because

they had come out of LTTE- controlled territory.” (Para – 55)

v. SOME OF THE MOST IMPORTANT OTHER CHANGES TO BE MADE IN THE CONSTITUTION

1)

Name of the Country:

Presently our country is called “SRI LANKA.”

As “Sri” is neither a Sinhala nor a Tamil word , the name of the country should be changed to “LANKA” asdescribed in ancient Sinhala, Tamil and Pali literature and in ancient inscriptions of Lanka!

Also, presently, the State is called “Democratic Socialist Republic of Sri Lanka.”

Whether the State is ‘Democratic ’ or ‘Socialist ’ or ‘Democratic Socialist’depends actually on how the countryand the citizens are being governed.

Since independence, our country and its citizens have been subjected to different types of Governance in

different periods.

Therefore, all the adjectives including ‘Democratic Soc ialist’ should be deleted and the State should besimply called “the REPUBLUC OF LANKA.”

2) LANGUAGE

The Article 18.(!), (2), (3) (4) and 19 Should be changed as:


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“Sinhala and Tamil shall be the Official and National Languages of Lanka.

English shall be the link language. “

3) The EXECUTIVE PRESIDENCY

The Executive Presidency should be abolished.

VI. INSTITUTE OF HIGHER EDUCATION FOR FUTURE POLITICIANS

Technological advancement, Communication, transportation etc. have made the globe a small village.

Thus, any political, Economic, environmental and other changes in one part of the globe affect inevitably thewhole globe.

Lack of adequate knowledge and Analyzing Power of the citizens and politicians has been one of the majorcauses for the present problems of our country.

Our educational system has failed miserably in assisting the students to maximize their knowledge andanalyzing power.

Therefore, an Institute of Higher Education for Future Politicians has to be created by the Government anda THREE Year Diploma course should be conducted and a Certificate has to be given.

A person with a basic University degree, a person who has completed the final examination in Law College,who completed HND, Accountancy, Banking etc. could be selected.

At the beginning, political parties have to give preference to those who studied and got Diploma certificatein the institute. In the long run, the voters will also prefer the Diploma holders!

A wide range of subject matters should be taught and some basic training should be given.


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The following subject matters could be taught:

I. 1 st Year:

i) Critical Thinking;

ii) Language courses: English, Sinhala, Tamil;

iii) Fundamentals of Buddhism, Saivaism, Christianity and Islam and Comparative study, Human life onEarth;

iv) Symbolization and Symbolization of Buddha and Buddhism etc. (this should include study onlanguages, fine arts and architecture).

v) Archaeological studies, heritage etc.;

vi) Ancient Tamil, Sinhala, Pali and Sanskrit literature;

vii) Lankan and world history;

viii) Health, diseases, prevention of diseases and health service etc.;

ix) Educational system and Institutions in Lanka.

II. 2nd Year:

i)

Basics of Civil, Criminal, Industrial and other laws, Judicial Service, Police and Armed Forces;ii) Basic Economics;

iii) Industrial disputes and Trade Unionism;

iv) Energy (Fossil, Hydraulic, renewable etc.) production, distribution etc.

v) Environment and Pollution;

vi) Agriculture, Food processing and quality control;

vii) Water resources, Hydrology and pollution;

viii) Sea resources, minerals, Sea territory, International laws;

ix) Land resources, connected industries;

x) Forestry and connected Industries.

III. 3 rd Year:

i) Local Bodies, Provincial Council, Parliament and Electoral systems;


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ii) General Administration;

iii) United Nations and Human Rights laws, Humanitarian laws etc.

iv) Basic Military Science- Development of weapons and development of global expansion strategies;

v) Transportation and infrastructural development;

vi) Disasters and disaster management;

vii) Town, city and country planning;

viii) Irrigation systems, Drainage and sewage systems;

ix) Wastes and Waste Management;

x) Communication, use of computer etc.

Honourable Members of the Constitutional Assembly,

Time has come for all of you, the Hon. President and the Sinhala intellectuals to come out with TRUTHSopenly and expose the IGNORANCE of the Sinhala nation, so that a political solution acceptable to all thecitizens is achieved in our country.

Please tell the Sinhala Nation and the world OPENLY that the LLRC appointed by the former PresidentMahinda Rajapakse in its report has emphasized (Para. – 8.150):

“The Commission takes the view that the root cause of the ethnic conflict in Sri Lanka lies in the failure ofsuccessive Governments to address the genuine grievances of the Tamil people.

The country may not have been confronted with a violent separatist agenda, if the political consensus atthe time of independence had been sustained and if policies had been implemented to build up andstrengthen the confidence of the minorities around the system which had gained a reasonable measure ofacceptance.”

Thanking you for your kind attention.

Abimanasingham Sitthawatthai Uthayakumar

Vethaaraniyar walavu, Uduvil. Chunnaakam Post.

Tel: 021 321 4746. 021 224 0099.

Documents

CONSTITUTIONAL_CHANGES_TO_BE_MADE.pdf-SOME IMPORTANT CHANGES TO BE MADE IN THE LANKAN.pdf