Read Part 01As an interim council consisting of political parties can only be a source of discord, this process should start with the appointment of an Advisor to the Governor who would command the support of a broad (not necessarily all) and be acceptable to as many parties so that the process of hand over of power to the political parties and to LTTE can be effected in a gradual manner.
by A.R. Arular
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(January 29, London, Sri Lanka Guardian) Taking into consideration the factors stated above, the way forward for a permanent resolution of ethnic conflict lies in exploring, providing initiatives and taking concrete steps in the following directions.
1. Initiate a movement that is explicitly committed to federal restructuring of Sri Lanka from within the peace constituency that will bring together both the Tamils and Sinhalese in a constitutional platform. This movement should reach to all members of the Sri Lankan society that will stand above the present party political platform that has found itself unable to rise above parochialism and partisanship.
2. As already the constitution provides for the empowerment of North East Provincial Council, take forward the Provincial Council Process so that pressure will be brought on all extremism and intransigence from all sides, while the efforts at finding peace through talks should continue.
3. Put forward a specific programme of political settlement process so that the international community can back such a package in addition to the MOU and Talks. This can be put forward by the Constitutional forum that will motivate parties to the conflict and the talks should be about amendments to this proposal.
I. The Progrmme of a constitutional movement for federal restructuring of Sri Lanka.
This movement should be capable of bringing together the members of the both major communities the Tamils and Sinhalese on a platform of mutual respect to others rights and be the source for the generation values and perceptions that will facilitate a federally restructured Sri Lanka.
The platform should be kept above party politics so that party politicians also can be members of this platform where they will leave behind their party political loyalties and work on a constitutional a platform of a united Sri Lanka. The movement will draw heavily from peace movement and NGO movement as well as bring people who command the respect of the society but would contribute towards the peaceful resolution of the conflict.
The constitutional forum will support the constitutional restructuring process by articulating a new Sri Lanka that will emerge after it has been restructured on a federal foundation as a union of two principle nations. As the present media culture of Sri Lanka is that of hate and suspicion, the movement should make itself heard through the national media and establish its own media network. The movement can establish its own national newspaper and possibly independent TV stations that can reflect and articulate the federally restructured Sri Lanka.
The constitutional forum should have council of around 15 eminent people and provide for ordinary membership among people.
II. The empowerment of the North East Provincial (Regional) Council.
The existing constitutional provisions that provide for empowerment of the provincial council should be activated so that the North East Provincial Council can function as an independent entity that articulates the will of the people within the North East. Province within the frame work of a united Sri Lanka. This arrangement is needed to provide a period of constitutional stabilisation of the North East Province before the party politics can be allowed to operate within the North East Provincial Council.
Such a move will provide added pressure to belligerents to come to speedier understanding regarding constitutional settlement and speed up the constitutional process.
As an interim council consisting of political parties can only be a source of discord, this process should start with the appointment of an Advisor to the Governor who would command the support of a broad (not necessarily all) and be acceptable to as many parties so that the process of hand over of power to the political parties and to LTTE can be effected in a gradual manner. The power that are due to the Provincial Council that can be effected under the present constitution be first devolved to the provincial council initially and subsequently it would be possible to appropriate powers using emergency powers that will enable the council to function as a federal council on a temporary basis so that the apprehensions regarding a federal council can be alleviated to effect smooth constitutional transition.
Empowering the North East Provincial as a party to the conflict, will enable it to dismantle and absorb both the government position and the LTTE into a progressively stabilising North East Constitutional body, to which all agreed powers will be vested. Needless to say this move will succeed on only if the government is honest and adopts a positive approach to devolving power to a merged North East Province.
The post of Advisor to the Governor, North East Province be created with the following terms of reference.
1. To provide a political role within the North East Provincial Council that enable it to engage in the peace process as a body.
2. To provide advise to the Governor of the North East Province on the excise of the powers that are devolved to the North East Provincial Council as provided in the Provincial Council List in the constitution of Sri Lanka.
3. To provide advise to the Governor on the exercise of powers as provided in the concurrent list through the establishment of governmental structures and execution of programmes in co-ordination with the Centre.
4. To provide advise to the Governor on the exercise of powers that may be additionally provided to the North East Provincial Council under the emergency regulations and additional constitutional provisions.
5. To provide for the constitutional stabilisation of the North East Province by working to bring together all communities living within the North East Province and instilling in them confidence and trust in a North East provincial governmental process and implement any agreements that may be reached between various communities.
6. Maintain a dialogue with all the political parties and other political interests within the North East Province and pave the way for a democratically elected government in the North East Province.
7. To assist the Governor in initiating, supervising, monitoring and providing programmes for the development of the north East Province.
8. To act as spokes person for the North East Provincial Council. 9. The Advisor shall have the same privileges as that of the chief Minister until the termination of his office through the election of a Chief Minster.
To Be Continued
The 13th amendment implementation for the North and East is currently creating much turmoil and controversy both, in Sri Lanka and in the diaspora. Tamils in the diaspora consider the 13th amendment a waste of time since it falls short of fulfilling aspirations for a completely separate Tamil state, by contrast, opponents tf the amendment consider it to be too much of a concession to Tamil separatism. What, however, are the views of ordinary Tamils in the North who are actually bearing the brunt of the on-going conflict?
Tamils in the homeland are having to face tragedies on an almost daily basis, dear ones killed, others abducted. The fit and able Tamils have fled the soil of their homeland. It is the poor, weak and vulnerable people that were left behind. Everywhere in Sri Lanka ordinary Sri Lankans want the war to stop. Ordinary Tamils in the North long for a normal life: to be able to send their children to school without fear of abduction, to have ordinary jobs and careers, to run businesses, go shopping and care for their families.
Ordinary Tamils in the North want food, shelter, security and the freedom to move about. We all want peace, it’s the lasting solution.
Every government promises something, but nothing ever happens. People have no trust in anyone.
Tamil diaspora keep beating the war drum. They’ve created this situation and are continuing to do so, leading to the complete destruction of our society and traditions. Ordinary Tamils in the homeland do not like violence, nor do they seek violence. Those who take the sword will one day die from the sword. Innocent people are dying in the name of freedom. Peace does not create an enemy. We all need peace!.
The implementation of the 13th amendment is a vital issue as it offers Tamils the chance to govern their region with a considerable degree of autonomy. The 13th amendment is born out of the Indian Accord with the UNP government in 1987, when the Indian Peace Keeping Force came to Sri Lanka to resolve the national conflict. It is roughly based on the Indian model regarding regional governance.
In fact, the details of the 13th amendments are actually more favourable towards Tamils, than the Indian system would have been. For example, the official language in Mumbay is Marathi and the Tamils there are required to learn the Marathi language in Mumbay schools, whereas in Sri Lanka there are Tamil school for Tamil children everywhere in the country. Equal prominence is assured for the Tamil language alongside Sinhala, with English designated as the link language as is again the case in India.
The opponents for the implementation of the 13th amendment argue that it doesn’t offer the Tamils enough. The 13th amendment is already in the constitution, chopping and changing it, is not appropriate. Also, there is no provision for a North and East merger in the present 13th Amendment. The government should govern the country based on the constitution and should do so without delay. The implementation process raised some questions too: why the need for an election or for an interim government?
It is important to point out, that there is in fact a clause, which states that, if one or two provinces wanted to join they could do so with the presidential recommendations. So, why would one want to reject the proposal before having it tested and before seeing how it worked out in practice? Rome was not built in one day! Start with one step and make progress with time.
13th amendment offers a framework for the future. The proposal is for a temporary merger between the North and East, with a referendum to be held in a year’s time to get the mandate from the people of the North and the East. The document includes plans for the development of the systems of health, education, agriculture, transport, rehabilitation,re- settlement, as well as the setting up of new industries. People opposing the plan, tend to ignore the fact that th 13th Amendment is already successfully implemented in eight out of nine provincial administrations in Sri Lanka. Most recently, as a result of the recent elections in the East, democratic processes and systems are being established there. The right of having a civil administration, is only denied to the Tamils in the North, because the LTTE is trying hopelessly to hold out for a completely separate state, their old dream of a Tamil Eelam.
The JVP’s fear that giving provincial autonomy and power to the Tamils may open the path to separatism and Indian influence is also unfounded. The election in the East shows that there is no separatism developing and the provincial administration is fully accepted by the local population. The JVP is supposed to campaign for the poor and underprivileged. and yet it seems to be playing the tune sung by the arm dealers, who want to continue making a huge profit.
For the Tamil people in North, assisting the government to implement the 13th amendment is the chance to be free from the autocratic control of LTTE, a chance to set up a democratic civil system, and to rebuild the Tamil community, the area’s infra-structure, the land, its towns and the country as a whole.
LTTE depends on the financial and political support from the Tamil diaspora, people who hold British, American, Canadian, Australian, French, German, Swiss etc. passports guaranteeing them safety and freedom. It appears that some like to gain moments of fame and recognition through their vocal and financial support to the Tigers from a safe distance. Meanwhile, in Sri Lanka, the LTTE is on the run by all accounts. They are on the way out, their forces exhausted as there are no more Tamil teenagers left to be rounded up and abducted into the battle fields.
We are spending more and more money on the war every year, which is delaying the development of our country. As elsewhere in the world, it would not be surprising to discover that the continuing chaos in our country is partly fuelled by those who gain most from it, i.e. the arm dealers and the opportunists. Foreign Arms dealers are getting rich, whilst the young people of our country are dying like flies in the heat of the battle fields. Some have escaped to foreign countries working as cleaners and other menial jobs, whereas youngsters in other South Asian countries, such as India, are working in IT, in businesses, administration, schools, etc..
Our country is a small country and has surely had more than its share of being battered, bruised, tormented, during so many years of war and conflict The majority of Tamils in the diaspora community are peace loving and refuse to get involved with or support such separatist campaigns. Yet, it seems that the dream of a Tamil Eelam will remain alive among some members in the Tamil diaspora. Campaigning for separatism has become an integral part of their exiled life. Whether as part of peace, human rights or community organisations, they themselves of course, are able to live a comfortable life and send their children to colleges and universities. They do not have to live a life of constant fear and deprivation in Sri Lanka’s war zones.
What moral right do people, who are free, safe and doing fairly well have to support a situation which means thousands of people in their homeland are killing and getting killed, maimed, tortured, and women and young girls getting raped. Would the diaspora community allow their own kids into the war zone? If not, why is it alright to ask others to suffer and sacrifice their lives?
Why support the LTTE? The LTTE’s ideology and ‘working’ methods does not resemble anything found within other liberation movements and struggles in the world. How can threatening and killing your own people who are suspected of not towing the line be progressive or liberating? How can the expulsion of people purely because of their different beliefs be progressive? Is it not ironical, that the diaspora communities are enjoying the benefits of a diverse and multi-cultural society in their adopted countries, whilst accepting an organization that expelled around 100.000 Muslims from Jaffna and that continuously pours out hatred against Sinhalese Moreover, do those holding out for a Tamil Eelam really think it can practically be achieved? How does one draw a map separating the Muslim, Tamil and Sinhala communities in the East? Do those who campaign in the diaspora ever think about the Tamil people living in the south? They continue to live there peacefully among the Sinhalese community.
How would a border fence be put up from Mannar to Pottuvil?
Do they really think it is realistic for Tamils to claim for itself 35% of the island’s land and 65 % of its coastal area as shown in the Tamil Eelam map? How likely is it, that Regional Super Power India will support Eelam and the LTTE ?
The dream for a Tamil Eelam for the Tamils will never happen. This dream began to evaporate when they killed Rajiv Gandhi in India, it dissipated when the LTTE wiped out the other Tamil organizations and went on a manhunt, it disappeared out of the window, when the conspirators split the East from the North and this dream of an independent state finally ended when the Eastern commanders walked out from the LTTE’s jungle.
This amendment will be the catalyst for many changes to come for the nation as a whole. The country has the culture and is capable of building things even without importing many goods. Sri Lankans have a holistic approach to life. There are already towns and villages where Sinhalese, Tamils, Muslims and others are living side by side and are helping each other. It seems the poor know better the value of living together, than do the rich and privileged.
Tamils should be entitled to their democratic and human right to rebuild their lives, their homes and their society. Whoever opposes the implementation of the 13th amendment, betray the hopes of the people who want to rebuild their future.
Tamils and all ordinary Sri Lankans long for peace and an end to the armed conflict which has been raging for twenty five years or more.
Being united will bring hope and prosperity to all communities. To fail to grasp this opportunity will certainly bring more wealth for the arm dealers and profiteers, but it will cause continued suffering among all Sri Lankans, especially the Tamils.
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