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SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA’S SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS ETHNIC PROBLEM First Edition : January 2006 AND Cover Design : Sriyantha Walpola Pagelayout : Suganthi Manimaran SOLUTIONS; Printers : CPA (Inhouse printing) Publishers : Center for Policy Alternatives The Centre for Policy Alternatives(CPA)was set up with the objective of strengthening the civil society contribution to the public policy opinion and decision making process through programmes of research and advocacy. CPA focuses on By democracy,peace and governance. Lionel Guruge For further details write to Centre for Policy Alternatives 24/2, 28th Lane, off Flower Road Colombo -07, Sri Lanka. Telephone : 94-11 2565304/06 Fax : 94 11-4714460 E-mail : [email protected] Centre for Policy Alternatives 2 3 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS A word No doubt the ethnic conflict is Sri CONTENTS Lanka’s tragedy. Perhaps it is the most disputed one. Many are the books 1. A word 3 written about it. Yet, the books 2. In search of New Direction to resolve couched in simple, direct and convincing language are a rarity today. the ethnic conflict 5 3. Background to the ethnic conflict 9 We believe this booklet written by 4. Sinhala for the entire country 26 our collegue, Lionel Guruge will help fill the gap. It points to the failure on 5. Tamil languages (Special provisions)Act 30 the part of the Sinhala majority to 6. Thimpu Talks – 1985 48 promote a viable solution to the legitimate grievances of the Tamil 7. 13th Amendment to the Constitution 53 minority. In this analysis the author 8. Constitutional Reforms 1997 -2000 69 stresses the importance of a negotiated 9. Muslim Factor 80 settlement for the conflict via devolution of powers. 10. Ceasefire Agreement between Government of Sri Lanka & LTTE 85 Since a consensus among positive thinking people on a negotiated 11. Current situation of the conflict 95 settlement is a necessity, the author 12. Provision for devolution of powers 99 4 5 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS sought the support and guidance of CPA as a multi-ethnic think tank committed to a negotiated political settlement. We have great pleasure in presenting this booklet to our readers. We hope it will cater to the needs of In Search of a those particularly interested in peace. New Direction to Resolve the Ethnic Conflict Sunanda Deshapriya Media Unit The ethnic conflict remains Centre for Policy Alternatives the core of the current political dialogue. The importance of finding a permanent solution forms the nucleus of the continuing social-political debate. The negligence on the part of the successive governments in ignoring the rights of the Tamil minority and the undemocratic methods resorted to, led the Tamils to lose confidence in the democratic process. 6 7 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS When one thinks about the present uncertainty- no war, no colossal amount of money and peace! In this context it has the human and material become necessary to reexamine resources wasted on a the history of the ethnic crisis protracted armed conflict, the and its fall-out so that repetition conclusion that if the war breaks of bad precedents can be out again it would precipitate the avoided and opportunities for country into catastrophe is peace,grasped. inescapable! Perhaps that may be the very reason for a number The wiser counseling of major and minor political provided by the multi-ethnic parties to agree to a negotiated think-tank helped enrich the settlement. second edition of this booklet with fresh ideas and Here the question of suggestions. devolution of powers and to what extent the devolution I am greatly indebted to should be pursued, whilst Professor Jayantha preserving the identity of Seneviratne, Professor different ethnic communities Jayadeva Uyangoda, Shiral needs further probing by us. Lakthilake attorney-at-law, Uvindu Kurukulasuriya, The lack of consensus Sarojini Sivachandran, A.M. among the main stake-holders Ameen, Ravindra has largely contributed to the Chandralal, Sunila 8 9 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS Abeysekera, S. Sivagurunathan, N.K. Rahulan, Sumika Perera for their valuble reviews and suggestions. Background to the Ethnic I am specially thankful to Sunanda Deshapriya and Dr. Problem P. Saravanamuttu without whose support and encouragement my effort Since Sri Lanka is a multi ethnic They made would not have been a representations and multi religious polity the before the success. discourse on the necessity to Donoughmore Commission for a protect linguistic and cultural Finally I believe this second political identities of the different ethnic confederation with edition will make a communities was started in the separate contribution,in a small measure government for at least, to the current socio- 1920’s. It was in this context that Tamils in the North political discourse which aims S.W.R.D. Bandaranaike presented and East, Low- the concept of federalism as early country Sinhalese at resolving the ethnic crisis. in Western and as 1926. Southern provinces Lionel Guruge and Author Next followed the up-country upcountry Sinhalese in 26.10.2004 chiefs who pressed for a federal Kandyan form of government due to fear provinces. 10 11 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS they would be deprived of their federal form of government been privilaged social status in view of introduced in independent Sri the increasing economic and Lanka, perhaps the subsequent political gains enjoyed by their political turmoil and unrest would low-country counterparts. not have arisen. On the contrary legislative reforms since In 1927 they made Donoughmore times to date took representations before the different turns at different stages. Donoughmore Commission for a kind of political confederation The second decade of the 20th with separate government for century during which the electoral Tamils in the North and East, process came into practice was Low-country Sinhalese in significant in that representatives Western and Southern were elected to parliament not on provinces and Up-country communal basis, despite caste Sinhalese in Kandyan consciousness among the people. provinces. Sir Ponnampalam Ramanathan S.W.R.D Bandaranaike’s was elected to the state council in However, the revolutionary thinking on the the 1912 election by the majority Donoughmore particular constitutional model for Sinhala vote. The Ceylon National reforms as well as other constitutional this country was later subordinated Congress established in 1919 was changes were to narrow political gains. Had a predominantly Sinhalese but Sir seen farthest from S.W.RD. BANDARANAYEKE a federal model 12 13 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS Consequently, a situation was Ponnampalam Arunachalam was created in which the rights of the elected its first president. minorities were endangered, because even an act of parliament Donoughmore Reforms detrimental to minority interests could be passed. The birth of the Ceylon Tamil Congress was seen The Donoughmore as an initiative to safeguard the Commission recommended the minority Tamil rights. establishment of consultative committees for certain The distrust and stand off at administrative functions. times between the Sinhalese and Escalating state expenditure and the Tamils, the two major The lack of administrative skills communities eventually led to the Donoughmore according to the governor led him reforms however, deteriorating relations between to veto the proposal. The opened the way them. Similarly the distrust for the Sinhalese Donoughmore reforms however, majority in the between Sinhala and Tamil leaders opened the way subsequently for country to elect a also had its repercussions. parliament of the Sinhalese majority to elect a majority Sinhalese parliament of majority Sinhalese and an entirely Sinhala board of and an entirely Sinhala Board of Soulbury Reforms ministers under Ministers in 1936 under the Again the problem that the the system of system of representative representative rights of the minorities were not democracy. democracy. LORD SOULBURY 14 15 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS safe cropped up when the Soulbury to the minority interests being constitution with its majority passed by the national parliament. representative system was launched in 1947. For the Tamil Congress leader, Parliamentarians who represented G.G. Ponnampalam, it was an irony the majority communities realised of fate to join hands with the UNP that legislation inimical to the government voted to power in Tamil interests, but favorable to the 1947 and became a minister. Sinhalese could be passed by the During his stewardship, Sinhala majority vote. It was this Minister Ponnampalam opened fear which prompted veteran Tamil four factories located in the politician. G.G. Ponnampalam to northern and eastern provinces. put forward the fifty- fifty They are, Valachchenai paper representation demand in the late factory, Paranthan chemical 1930s. factory, Kankasanthurai cement factory and Pulmodai mineral It really meant fifty per cent for sands factory. These were however The demand for the Sinhalese and the balance fifty the last industrial ventures to be fifty/fifty representation per cent for the minorities. Of cited in the northern and eastern meant 50% for cause, it was not a demand to provinces. the Sinhalese and bifurcate the country! In fact the the balance 50% for the minorities. rationale behind the proposal was The inaction on the part of the It was not bifur- to prevent legislation detrimental subsequent governments alienated cate the country! 16 17 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS the Tamils from the mainstream of the Citizenship Act, the Tamil politics and also marginalize the people began to entertain rivals.