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
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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
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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
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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.
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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
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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!
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the Tamils from the mainstream of the Citizenship Act, the Tamil politics and also marginalize the people began to entertain rivals. misgivings about the conduct of their leaders. This dent in the Tamil political leadership provided the Citizenship Act opportunity for S.J.V Chelvanayakam to launch the The Citizenship Act presented Federal party in 1949. It contested to parliament by the Prime the 1952 general election at which Minister D.S. Senanayake in 1947 the emphasis was laid on disenfranchised around one devolution of power to the million Up-Country Tamils and Northern and Eastern provinces stripped them of their citizenship. which were to be merged to form a single political entity. The results, What compelled the with only two seats won, were The Citizenship government to give effect to this The Federal party Act presented to dismal. contested the parliament by the piece of legislation was the pro- 1952 general Prime Minister left identity manifested by the election at which It bore testimony to the fact D.S. Senanayake estate workers during the 1947 emphasis was laid in 1947 that the Tamils had not still on the devolution general election. disenfranchised entertained any federal idea but of power to the around one million Northern and chosen to win their rights within Up-Country Meanwhile, when G.G. Eastern merged Tamils and the existing political framework. together to form a stripped them of Ponnampalam as a government single political their citizenship. minister extended his support to entity.
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S.W.R.D. Bandaranaike was the Ceylon Morning Leader. first-ever Sinhala political leader 17th July 1926. to understand the importance of a federal form of government to Bandaranaike also gave two cure the political ills of the lectures on the ethnic harmony at country. A speech made by him as the Y.M.C.A. Colombo and in early as 1926 was proof of his Jaffna in addition to contributing conviction. His speech: series of articles to the Morning Leader on the same subject. “Minorities in Sri Lanka look at each other with some suspicion. It Despite its different forms, is however not reasonable to federalism retains its common assume that the differences among attributes such as ethnic diversity, them are fundamental. Those right to national sovereignty and S.W.R.D. differences were not there about political pluralism. Bandaranaike an hundred years ago, the reason was the first- being that the Tamils, low-country ever Sinhala Sinhala Maha Sabha Despite its political leader to Sinhalese and up-country different forms, understand the Sinhalese were together governed In 1940 the Sinhala Maha Sabha federalism retains importance of a its common federal form of by the British. From the time our led an island-wide mass campaign attributes such as government to people thought of wresting power to make Sri Lanka a Sinhala ethnic diversity, cure the political right to national from the British, differences Buddhist country. Its main demand ills of the sovereignty and country began to surface.” was to make Sinhala, the official political pluralism.
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language and Buddhism, the state making room for island-wide religion. The United National Party protests by the Tamils. too supported the “Sinhala only” Later it would have been policy. The Sinhala Maha Sabha perhaps Bandaranaike’s hindsight was able to create a vibrant public that laid the foundation for the opinion in the country prior to the Bandaranaike- Chelvanayakam 1956 general election. Pact.
Bandaranaike, who espoused Bandaranaike - the cause of progressive politics Chelvanayakam Pact as early as 1926, shifted his stand Although the federal party and began to support the "Sinhala leadership discussed many issues only" policy. This volte-face such as federal form of Bandaranaike however, ensured him a landslide who espoused the government, independent cause of victory at the 1956 general electorates and annulment of the progressive election. politics as early as Official Language Act, the Prime 1926 shifted his Minister did not accede to them. stand and began Tamil parlimentarians who The Prime Minister who took note to support the opposed the "Sinhala Only" policy "Sinhala only" of the federal party proposal gave of the new regime held a mass policy. This volte- thought to the establishment of face ensured him satyagraha campaign in front of the a landslide victory parliament. The government regional councils as a viable at the 1956 reacted harshly and quelled it, alternative. Meanwhile, the federal general election S.W.RD. BANDARANAYEKE
22 23 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS 3.1. Provision to be made party clamoured for the parity of available in the Bill for the status to the Tamil language. Northern province to form B/C Pact – Proposals one regional area (b) two or agreed to between the more regions to amalgamate two parties even beyond provincial limits and for one region to decide itself subject to ratification 1.1. Recommendations accepting by parliament. Further Tamil as the language of the provision is to be made in the minority to be included in the Bill for two or more regions proposed draft. to collaborate for specific 1.2. Tamil to be made the language purposes of common interest. of administration in the 3.2. Provision to be made for Northern and Eastern direct election of regional provinces. councillors. 1.3. Necessary powers be made 3.3. Definition of powers for the non-Tamil speaking regarding agriculture, co- minorities in the Northern operative movement, lands and Eastern provinces. and land development, 2.0. Revision of the Citizenship establishment of colonization A PROTEST WALK Act schemes, health, industries, ORGANIZED BY J.R. JAYEWARDENE AGAINST B/C PACT CHELVANAYAKAM fisheries, education, water supply, housing, social 24 25 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS
services, electricity and taxation and borrowings. roads to be included in the Opposition led by the Buddhist Act. clergy with strong backing from J.R. Jayewardene forced 4.0. Powers regarding alienation Bandaranaike to tear-up the pact of lands for colonization signed with Chelvanayakam. schemes within the regional Bandaranaike’s words were council areas and provision of prophetic: grants to regional councils and If you are against this pact I powers of taxation and borrowing. would certainly tear it up but it will jeopardise the future of the country. You have to think about it. Bandaranaike Tears-up the Pact
Bandaranaike- Chelvanayakam pact provides for Tamil language Opposition led by “If you are the Bhikkus with to be the language of against this pact strong backing administration in the Northern and I would from J.R. certainly tear it Eastern provinces, amendments to BHIKKUS PROTESTING AGAINST Jayewardene THE PACT. HANDING OVER A up but it will forced the Citizenship Act elections under PETITION TO PRIME MINISTER, endanger the BANDARANAYAKE Bandaranaike to the regional council system, future of the tear-up his pact country. You with special powers, colonization have to think Chelvanayakam. schemes and special provision for about it.”
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by the Tamil parliamentarians were attacked by the mobs. Kachcheri premises in the north and east Sinhala for the became the venue for Sathyagraha campaigns organized by the Tamil entire country political parties.
The government for its part The Sirima Bandaranaike responded to the unrest declaring regime was known for its attempts a state of emergency. The non- to force Sinhala only down the violent struggle was summarily throats of the Tamils. Her contained. The Sirima government passed an Act to the Bandaranaike government resorted effect that Sinhala be the language to such harsh action surprisingly, of courts. Problems arose as to though there was no threat to the how the litigants, lawyers and regime by any armed political judges could work in Sinhala. This organization. policy caused serious injustices to Tamils in the northern and eastern The Federal Party was the main parts of the country. People in the political ally of the Dudley north and their counterparts in the Senanayake National Government of 1965. Despite United National south equally opposed the PERFORMING SATYAGRAHA FEDERAL PARTY Party’s revolt against the AGAINST LANGUAGE ACT. DEMONSTRATING AGAINST government’s Sinhala only policy. ARMY WAS DISPATCHED TO LANGUAGE ACT AT GALLE THE NORTH IN VIEW OF FACE GREEN ON JUNE 5, Bandaranaike- Chelvanayakam THE CIVIL DISOBEDIENCE 1956 The peaceful satyagraists in CAMPAIGN Colombo’s Galle Face Green led Pact, in 1965 Dudley concluded a 28 29 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS
pact with the Federal Party leader, 04. To amend the Land S.J.V. Chelvanayakam. Development Ordinance and in the granting of lands under colonization schemes, Duddly- Chelvanayakam priority will be given to Tamil Pact speaking landless persons in northern and eastern 01. Action to be taken under the provinces and Tamil speaking Tamil language (Special persons in other parts of the Provisions) Act to make country. provision for Tamil to be the language of administration Obstacles to the Pact Federal Party and record in the Northern The government had to face remained the and Eastern provinces. main political ally various obstacles in its efforts to of the Dudley 02. To amend the Language of the give effect to the Dudley- Senanayake Courts Act to provide for legal Chelvanayakam Pact. The SLFP national Govern- along with the Buddhist clergy led ment of 1965. proceedings in the northern Despite UNPs’ and eastern provinces to be a crusade against the pact. revolt against the conducted and recorded in B/C Pact, in 1965 Tamil. However, in view of the Dudley concluded inordinate delay in the a similar pact with 03. To establish District Councils Chelvanayakam implementation of the pact, the of the Federal with power vested with the Federal Party left the government Party government to give directions in1966. in the national interest. DUDLEY SENANAYAKE
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The SLFP in collusion with the Buddhist clergy mobilized forces against the government when the Tamil language (Special Provision) Tamil Language bill was tabled in parliament. It gave the impression to the Tamils that (Special Provisions) the political leaders in the south Bill were not ready to grant even the bare minimum of their demands. Violence that flared up in the Tamil Language country forced the Prime Minister, (Special Provisions) Bill Dudley Senanayake to abandon the pact without concurrence from his The Tamil language (Special counterpart, Chelvanayakam. Provisions) bill was presented to parliament on January 8, 1968, to The Lanka Samasamaja Party provide for Tamil to be the and Communist Party of Sri Lanka language of administration in which clamoured for more justice northern and eastern provinces of to the Tamils under the the country. The Act of course, Bandaranaike- Chelvanayakam does not enjoy the official pact later shifted their position and J.R. JAYEWARDENE WHO language status. The special clause condemned the provision of the OPPOSED BANDARANAYAKE - in the Official Language Act No 33 Dudley Senanayake- CHELVANAYAKAM PACT BECAME THE APOSTLE OF of 1956 “without prejudice to” Chelvanayakam pact, with such FEDERAL - UNP COALITION OF 1965 CHELVANAYAKAM corroborates this. humiliating slogans as, “Dudleyge
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Baday Masala Wadai”. This Idea of a Separate State political behaviour on the part of the leftist parties turned to be the When Prof. C. Suntheralingam irony of history. a minister of the first UNP government and V. Navarathnam, a Tamils who were continuously Tamil politician who contested the denied their legitimate rights in 1970 general election as this manner began to entertain the independent candidates put idea of a separate state during forward the novel idea of a 1970 s. separate state, it was the Federal Party that appealed to the voters Hitherto the peaceful not to vote for candidates who democratic struggle of the Tamils wanted to divide the country. Prof. was directed to secure their right Suntheralingam suffered a to be educated in their mother humiliating defeat at the election. tongue, right to represent their people in the legislature and also It was surprising that the Tamil ensure their fair share of parliamentarians themselves took Violence that the lead to defeat the proponents flared up forced government. For them the term, Prime Minister, “Tamil speaking people” always of secession. Dudley meant the Muslims living in Senanayake to abandon the pact northern and eastern provinces as without concur- well as other parts of the country. UNP AND OTHER PARTIES PARTICIPATED AT 1971 rence from CONSTITUENT ASSEMBLY PROCEEDINGS, BUT TAMIL Chelvanayakam PARTIES BOYCOTTED
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Constituent Assembly of Minister of Constitutional Affairs 1972 in the Sirima Bandaranaike government of 1970. Along with The Federal Party presented him several more leftist leaders three demands to the Constituent represented the government. Assembly held by the United Front Rejection of the Federal Party government. demands by the United Front government in which leftist I. A federal form of government leaders held important cabinet comprising five regions. positions created suspicion as well as frustration within the Tamil II. To provide for the Tamil parties that the rights of their Language (Special community could be won by Provisions) Act presented to democratic means. the parliament in 1966 under the Duddly-Chelvanayakam Deletion of section 29 (2) of Pact, in the republican the Soulbury constitution which constitution of 1972. prevented legislation prejudicial to It was surprising that the Tamil III. Tamil language to be minority interests being passed by members of recognized as the medium of parliament, from the new parliament republican constitution of 1972 themselves took instruction for Tamil students the lead to defeat stripped the minority of the special the proponents of A veteran leftist leader Dr. constitutional safeguard hitherto separate state Colvin R. De Silva was the enjoyed by them. policy.
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The language-based citizenship with the standardization introduced by the introduction of the new United Front government in 1974 Citizenship Act. restricting the Tamil student’s 03. The state should be secular university admission and created with equal protection anti-government sentiments in accorded to all communities them. and religions. Further, the set of proposals 04. The state should ensure presented to the 1972 constituent freedom and valid assembly by a wider representative fundamental rights body comprising the All Ceylon guaranteeing equality of Tamil Congress, Federal Party and persons. The language- U.N.P. parliamentarians, K.W. based 05. Constitutional provision for Devanayagam and Thambirasa standardization abolition of caste. introduced by the were outright rejected. UF government 06. Decentralized structure of in 1974 Their Proposals: government to ensure restricting the meaningful participatory Tamil student’s 01. Parity of status for Tamil university democracy. admission language. created anti- government 02. Grant of citizenship to Tamils So it became clear that the sentiments in the who were stripped of Tamils were gradually losing the hearts of the opportunities available to them to Tamil youth. secure their rights!
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Peninsula Protests the traditional Tamil political leadership began to take root in the Feelings of estrangement minds of Tamil youths. entertained by the Tamils due to the multitude of safeguards being The first JVP insurrection of enjoyed by the Sinhalese under the 1971 also inspired them. Driven by new republican constitution the traditional homeland concept, eventually led them to resort to the Tamil youths began to tread a passive resistance in the North and radical path abandoning the East. traditional policies of their old school politicians. The traditional Tamil youths including activists Tamil leadership appeared to have such as Uma Maheshwaran and exhausted all available means in its AMIRTHALINGAM Kasi Ananthan were arrested by the arsenal to fight for the rights of its police. community. In 1972 the Federal Party with four other Tamil In 1974 in Jaffna at the end of political parties jointly formed the PONNAMPALAM the conference of the International Tamil United Liberation Front, Association of Tamil Research with the main objective of nine people were killed in an protecting Tamil rights. incident in which the police fired
at an electric wire. Thus when the THONDAMAN BY 1974 TAMIL YOUTH HAD Meanwhile, the students in FORMED A MILITANT state began to let loose repression TAMIL UNITED LIBERATION ORGANIZATION. LTTE North and East took to the streets FRONT WAS FORMED ON SUPREMO VELUPILLAI against Tamils the disappointment MAY 22, 1972 PRABHAKARAN KILLED THE to protest against the university JAFFNA MAYOR DOREAPPAand opposition to the policies of ON JULY 28, 1975 standardization. The government as
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usual took prompt action to proof of majority Tamil support maintain law and order. for a separate state. The United National Party which started the The police attack on the drafting of a new constitution in conference of the International 1978 went back on its earlier Association of Tamil Research of pledge to hold an all party 1974, and the deaths of nine Tamil conference. As in1972 this time youths coupled with the arrest of too, a republican constitution was Tamil youths began to change the promulgated alienating the Tamils direction of Tamil politics. from the mainstream politics of Accordingly the Tamil United the country. Liberation Front at its national convention held in Vadukkodai on May 14, 1976 passed a resolution State Repression in Place calling for a separate state for of Minority Rights. Tamils. The state repression let loose The TULF fought the 1972 after the introduction of the 1978 general election on a radical constitution was worse than what platform of Eelam for the Tamils. followed the first republican
TAMIL UNITED LIBERATIONThe party won almost all the 18 constitution of 1972. The United FRONT LEADER AMIRTHALINGAM BECAMEseats and became the official National Party which capitalized LEADER OF OPPOSITION IN THE NATIONAL PARLIA- JAFFNA LIBRARY WAS MENT AFTER HIS PARTY opposition in parliament. The on the Sinhala only policy and the BURNED DURING THE WON A LARGER NUMBER DISTRICT DEVELOPMENT OF SEATS THAN THE SLFPelectoral success was regarded as discrimination perpetrated against COUNCIL ELECTIONS HELD IN 1977 GENERAL ON JUNE 01, 1981 ELECTIONS
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the Tamils by the Sirima custody. Many of them were beaten Bandaranaike government after or killed. 1972, went back on its own pledge to provide a solution to the Tamil problem.
Both the 1972 and 1978 Repression Begins constitutions which failed to The United National Party address the Tamil grievance government whilst justifying the created a situation for the war to the people in the south Sinhalese to dominate pursued a policy of repression in governance. Rule by the Sinhalese the north. Meanwhile, a committee and Buddhism being made the state was appointed to look in to the religion appeared to be the feasibility of establishing district outstanding feature of the new development councils as a solution dispensation. to the ethnic crisis. The Sri Lanka In 1972 the Freedom Party, Lanka Samasamaja Federal Party The emergency declared in Party and Communist Party of Sri with four other Tamil political 1979 continued to be in force. Lanka together turned down the parties jointly Under the Prevention of Terrorism government request to participate formed the Act an, “operation to weed out in the district development TU LF, with the A SCENE AT COLOMBO councils. GENERAL CEMETERY ON principle terrorism in the North and East” JULY 24, 1983 ANTI - TAMIL VIOLENCE ERUPTED IN objective of was undertaken and Tamil youths COLOMBO AS A REACTION TO THE KILLING OF 13 protecting in large numbers were taken in to SOLDIERS BY A BOMB Tamil rights. EXPLOSION AT JAFFNA
44 45 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS The Tamil United Liberation Front, however contested the Around 140,000 citizens in the elections to the district peninsula could not cast their votes development councils to reactivate due to the prevailing violence. their struggle to secure the rights However, the United National of the Tamil community within the Party was defeated at the election. democratic framework. The Lanka Samasamaja Party and the Tamils lost even the iota of Communist Party too contested, confidence they had in the whilst the Sri Lanka Freedom Party southern political leadership as a abstained. result of the spate of violent acts unleashed against them. The TULF however, The United National Party contested the leaders who visited the north Planned Killings of 1983 elections to the indulged in thuggery and terror as development a means to win the election. Rival The 1982 referendum planned councils to reactivate their parties were attacked. The series by the government was a ploy to commitment to of violent acts culminated in the prevent the opposition, including secure the rights burning of the treasured Jaffna Tamil parties, from winning a lager of the Tamil library. Two hundred houses community number of seats under the within the including that of Jaffna M.P, proportional representation democratic Yogeshwaran and Eelanadu system introduced by the 1978 framework. The A SCENE OF FIRE AT newspaper building were destroyed republican constitution. The BORELLA ON JULY 25, 1983. SLFP and CP too ACCORDING TO GOVERN- by arson. It was estimated that referendum was acknowledged to MENT SOURCES LIVES LOST contested, whilst 471, ARSON ATTACKS 8077 around 95,000 books were AND CASES OF LOOTING the SLFP be full of corruption. The majority 3833 DURING 1983 BLACK abstained. destroyed when the library was set of the Jaffna people cast their JULY VIOLENCE on fire. 46 47 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS votes against the postponement of on the alleged involvement in the parliamentary election, but the Black July violence. government won the referendum. The 6th amendment introduced into the constitution, outlawed the In July 1983, thirteen soldiers concept of separate state. TULF were killed in Jaffna. The United members of parliament refused to National Party seized the take the oath of allegiance made opportunity to unleash violence under the 6th amendment. against the Tamils. Organized Consequently, the TULF members mobs in the capital city killed the of parliament lost their Tamils. They were singled out and parliamentary representation and beaten. Violence continued for the Tamil population in the north several days. Non-intervention by and east of the country became the security forces to quell the unrepresented in the parliament. riots and contain lawlessness in the early days created suspicion The JVP which went that the government had a hand in underground resorted to armed Around 140,000 the ugly incidents. citizens in the struggle again. The two armed peninsula could struggles in the north and south The infamous Black July helped not cast their posed a serious challenge to the votes because of Tamil politicians to muster government. The political and the the violence that international support to promote prevailed. armed struggles launched by the their avowed objective of creating However, the Tamils in the north appeared to be UNP was a separate state. Meanwhile, the fully committed to realize Eelam. TAMIL REFUGEE CAMP IN defeated at the COLOMBO. TAMILS IN UNP government proscribed the COLOMBO CAMPS election JVP and a number of leftist parties EXCEEDED 80,000
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and guarantee of its territorial integrity. 03. Recognition of the right of Thimpu Talks - self-determination of the 1985 Tamil nation. 04. Recognition of the right to full citizenship and other fundamental democratic rights of all Tamils who look Talks aimed at seeking a upon the island as their country. The Tamil permanent solution for Sri Lanka’s armed groups ethnic crisis were held in Thimpu, who took part in Bhuthan in 1985 with the The Tamil armed groups who Thimpu took part in Thimpu discussions discussions participation of all Tamil political appeared to not appeared to not intend or expect parties-EROS, PLOTE, TELO, intend or expect TULF, EPRLF and LTTE. serious negotiations. They had serious negotia- simply presented their agenda to tions. The the meeting. It appeared that the government Tamil political parties presented delegation too four principles to the conference. government delegation too was not was not very very serious about the proposal serious about 01. Recognition of Tamil as a submitted by the Tamil the proposal distinct nationality. submitted by representatives. Recognition of the Tamil 02. Recognition of an Tamil peoples’ right to self- representatives. THIMPU DISCUSSIONS IN PROGRESS independent Tamil homeland determination, recognition of
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Tamil as a distinct nationality and Jayewardene and Prime Minister recognition of traditional Tamil Rajiv Gandhi. Consequently the homelands within a united state 13th amendment to the Sri Lanka formed the basis for the talks. Even constitution was introduced and today it is the very same proposal provincial councils were to which the Tamil parties are established. Under the Peace committed. The UNP government Accord, the Tamil armed groups which did not agree to the Thimpu were required to surrender their Consequently proposals was intent upon arms and get absorbed into the the 13th containing the escalating terror. democratic political mainstream amendment to of the country. It appeared to be the Sri Lanka constitution was only a political success, as events effected and India intervenes began to unfold later. provincial councils were Military operations by the established. government in the north resulted Both the JVP, which remained Under the in the exodus of Tamil refugees in proscribed by the government and Peace Accord, the Tamil their thousands to South India. The the SLFP, led an island-wide crusade against the Indo- Sri Lanka armed groups situation was created for India to were required intervene in view of the youth Peace Accord. Firing by the to surrender their arms and rebellion in Jaffna and government security forces resulted in a large number of causalities among the get absorbed NATIONAL SECURITY reaction to counter it. This into the MINISTER, LALITH protesters who took to the streets. ATHULATHMUDALI eventually led to the Indo-Sri democratic MEETING GEN. KOBBEKADUWA AFTER Damage caused to public property political VADAMARACHCHI Lanka Peace Accord concluded OPERATION OF JULY 26, in the country was tremendous. mainstream of 1987 between President J.R. the country
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A state of anarchy seemed to prevail in the country.
Nominations were called for 13th Amendment the local government election with preliminary work such as publicity being launched only to be followed by the death warrants issued by the JVP against the candidates and party supporters. A large number of political activists in the south Provincial councils were set up were killed. under the Indo- Sri Lanka Peace Accord of 1987. This gave expression to the notion that Sri Lanka is a multi-ethnic and multi- lingual plural polity. It was also conceded that every ethnic community has its own special It was also cultural and linguistic identity and historic to have created a near the northern and eastern provinces federal adminis- were traditional home-lands of the trative structure in Sri Lanka SRI LANKA PRESIDENT J.R. Tamil speaking people of Sri Lanka JAYEWARDENE SIGNED which continued INDO - LANKA ACCORD where they lived in unison with WITH INDIAN PRIME to be a unitary MINISTER, RAJIV GANDHI other ethnic communities. state. ON JULY, 1987
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Although the 13th amendment laws with respect to any matter in failed to give effect to the full the concurrent list, it has to be done devolution of powers to the in consultation with the periphery, Dr. Shirani parliament. But the procedure to Bandaranaike held the view that the be followed has not been explained powers devolved on the provincial in the constitution. councils in Sri Lanka far exceed those enjoyed by the Indian states Section 154 G (6) states: under the Indian constitution. If any provision of any statute made by a provincial council is Powers devolved on the inconsistent with the provisions of provincial councils under the 13th any law made in accordance with amendment are contained in three the preceding provisions of this lists. Article the provisions of such law 01. Provincial list (List No. 01) shall prevail and the provisions of which includes decentralised such statute shall to the extent of items. such inconsistency be void. 02. Central government list (List No. 02) items retained with Accordingly all matters the central government contained in the concurrent list Accordingly all 03. Concurrent list (List No. 03) are subject to parliamentary matters contained in the NORTH - EAST FIRST CHIEF control. MINISTER, VARTHARAJA concurrent list PERUMAL FELL OUT WITH According to section 154 G (5) THE CENTRAL GOVERN- are subject to MENT AND DECLARED th parliamentary EELAM UNILATERALLY. (b) of the 13 amendment although According to 154 G (2) no LATER, HE LEFT SRI LANKAthe provincial councils may make provincial council matter should control.
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become law unless such matter is It was only under the 13th passed by 2/3 majority in amendment that statutory parliament. provision was made for devolution of power to the periphery through According to 155 (3) (a) the the establishment of provincial emergency regulations brought councils. into force under the Public Security Act shall have the power It was historic to have created to supersede, amend or suspend near federal administrative the operation of the Provincial structure in Sri Lanka which Council Act. continued to remain a unitary state.
The 13th The 13th amendment outlines amendment the devolution of powers for Provincial Council outlines the Structure and Powers devolution of provincial councils but conflicts have arisen between the central powers for A provincial council shall provincial government and the provincial consist of such number of councils, but councils in the actual conflicts have members as may be determined by implementation of the provisions. arisen between or under law having regard to the the central area and population of the province government and The north-east provincial the provincial on which the provincial council is council due to a variety of reasons councils in the established. actual has become inoperative whilst all implementation of other provincial councils are in the provisions operation.
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A provincial council shall Matters falling under the consist of a governor, chief purview of Provincial minister, board of ministers and Councils council members. The governor being the highest official shall be Police, public order, education, appointed by the President of Sri planning, national highways and Lanka. other roads which are not ferries, rural development, bridges and The governor is vested with agrarian services, lands, health and powers enabling him to dissolve indigenous medicine. the provincial council. The governor exercises his powers in Matters shared by the central accordance with the advice of the government and provincial chief minister so long as board of councils ministers’ commands in his opinion, the support of the Planning, education and majority of the provincial council. educational services, higher education, national housing and construction, acquisition of property, social services
rehabilitation, agriculture and SLFP LEADER, SIRIMAVO BANDARANAYAKE AND agrarian services, health and M.E.P. LEADER, DINESH GUNAWARDENE, THE TWO irrigation work. CHIEF PARTIES TO THE NEWLY - FORMED DEMOCRATIC PEOPLES' ALLIANCE SIGNING THE JOINT PACT
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Sri Lanka felt the need for an Proposals of the administrative structure for Democratic People’s devolution of power to the Alliance periphery as a result of the struggles launched by the Tamils The SLFP and a number of other to win their rights. Strange enough, political parties which had the provincial council system is opposed the 13th amendment not in operation only in the north presented a set of proposals for and eastern provinces for which it devolution of power under a new was meant, but in all other political organization styled, provinces in the country where the Democratic People’s Alliance. majority are Sinhalese. These proposals for devolution Paradoxically, Further, despite the devolution of power far exceeded the provincial provisions of the 13th Amendment. council system of substantial power to the is not in periphery, the costs of maintaining It provided for suspension of the operation only an unwieldy legislature at the establishment of new colonization in the north and centre and the newly established scheme until the formulation of a eastern provinces provincial councils at the new land policy based on ethnic where there is a periphery have become a heavy principles, removal of legal snags Tamil majority, burden on national coffers. affecting citizens by registration but in all other and recognition of Tamil as an provinces in the country where official language. the majority are Sinhalese
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True to form, the UNP opposed Finally the major political the proposals! As usual after its parties in the South together with defeat at the 1988 General their Tamil counterparts agreed to Election the SLFP went back on its treat the North and East as two policies and began to indulge in distinct entities. However, later the communal politics. SLFP went back on its policies and opposed the adoption of federal The Mangala Munasinghe system. The 1993 agreement Select Committee appointed by between the late Lalith the parliament in 1991 on the Athulathmudali and Sirima initiative of the then President R. Bandaranaike provided for Premadasa was given the mandate devolution of powers to a limited to go into the ethnic conflict and degree. make its recommendations toward True to form, an early solution. the UNP A Permanent Peace opposed the proposals! As Proposals presented to the Chandrika Bandaranaike usual after its Mangala Munasinghe Committee defeat at the Whilst the UNP entered the national political arena 1989 and SLFP by the UNP and SLFP were far via 1994 general election with a Presidential opposed the apart from those of the Tamil firm undertaking that a permanent Election the federal system parties. Whilst the UNP and SLFP SLFP went and the North- solution would be found to the opposed the federal structure and back on its East merger the ethnic problem. It was also given policies and Tamil parties the North-East merger, the Tamil prominence in her election began to indulge embraced them parties embraced these manifesto. in communal wholeheartedly. wholeheartedly. politics.
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The JVP contested the 1994 Proposals Presented by general election as a party for the the UNP Presidential liberation of the nation. Their Candidate, Gamini election manifesto promised Dissanayake regional autonomy to the minorities Gamini Dissanayake’s package for devolution of power was far The UNP was seen back in the ahead of all previous ones. An old game of communal politics outstanding characteristic of his when it accused the SLFP of trying proposals was the firm undertaking to betray the country. But the to abolish the provision People’s Alliance secured a empowering the President or handsome victory under the Parliament to revest with them the leadereship of Chandrika powers delegated to the provincial Bandaranaike. councils under the 13th amendment. The JVP The UNP presidential candidate contested the Gamini Dissanayake presented to 1994 general His proposals reinstated that the country a package based on a election as a party the geographical unit of devolution for the liberation federal model for devolution of would be decided only after of the nation. powers. Their election extensive consultation with the manifesto prom- political groups who represent the ised regional north-east provinces This approach autonomy to the GAMINI D2ISSANAYAKE UNP PRESIDENTIAL CANDIDATE minorities is an important development of 1994
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consensual politics. Therefore the Peoples’ Alliance Gamini Dissanayake devolution Constitutional Proposals proposals were considered to be 1997 the most comprehensive federal structure so far presented to the Peoples’Alliance constitutional country. proposals on devolution of powers presented in 1997 were simliar to the Gamini Dissanayake package in People’s Alliance many respects. But such areas as Constitutional Proposals decentralization of judicial powers 1995 and increased opportunities for the provincial councils to negotiate In 1995 the People’s Alliance foreign aid far exceeded the scope presented its draft constitution on of Gamini Dissanayake proposals. the decentralization of powers. However, many of the proposals Although it largely resembled the were similar to those of the UNP. Gamini Dissanayake proposals, the Both the JVP and UNP desisted Peoples’ Alliance proposals on from supporting them. decentralization of finance and By 1997 the judicial powers were far more UNP leader comprehensive. Both the JVP and Ranil Wickremasinge UNP opposed the Peoples’ proposed the Alliance package on different idea for asym- CHANDRIKA metrical devolu- BANDARANAYAKE grounds. KUMARATUNGA, tion of power PRESIDENT OF SRI LANKA
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Draft Constitution 2000 burned The UNP and the Peoples Alliance together drafted a new Constitutional constitution in 2000. Later the Reforms UNP alleged that though the 1997 – 2000 objective in drafting the new constitution was to grant self- determination to Tamils, the People’s Alliance had fraudulently Systematic devolution of power included provision to consolidate as an alternative to separation and the executive presidency and the abolition of executive presidency Peoples’ Alliance government, were the two cardinal items in the withdrew its support. Some UNP election manifesto presented to the MPs had even gone to the extent country by Chandrika of burning the constitution inside Kumaratunga in 1997. The package Systematic the parliament. The JVP and far exceeded the parameters of the devolution of powers as an Sinhala Urumaya branded it as a th 13 Amendment. alternative to piece of legislation meant to divide separation and the country. abolition of The main attribute of a federal executive structure is distribution of powers. presidency where the two In the absence of such a structure cardinal a council of chief ministers to iron proposals
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out differences between the centre regional council were conferred and the regions had been proposed. on the governor. The draft constitution of 2000 was largely based on the 1978 It was the Indo-Lanka Accord of republican constitution and the 1987 which first conceived the 1997 constitutional proposals. idea of interim administration as some sort of solution to the ethnic The concept of “indissoluble conflict. union of regions” entrenched in the 1997 proposals had been changed. Objectives of the Indo-Lanka According to the draft constitution Peace Accord of 2000, the republic of Sri Lanka 01. To preserve the unity, is “one, free, sovereign and sovereignty and territorial independent state consisting of the integrity of Sri Lanka, institutions of the centre and of the regions which shall exercise power 02. Recognize that each ethnic as laid down in the constitution”. group has a distinct cultural The “Region” had been identified and ethnic identity which has It was the Indo- to be carefully nurtured to Lanka Peace as the territorial unit of devolution. Accord of 1987 enable all citizens to live in which first Whilst the provisions of the equality, safety and harmony. conceived the draft constitution of 2000 far idea of interim 03. Recognize that the north and th administration as exceeded the 13 amendment, the east have been areas of a solution to the special powers of dissolving a historical habitation of Sri ethnic conflict.
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Lanka Tamil speaking people representatives were regarded as who have at all times hitherto important steps towards an interim lived together in this territory administration. with other ethnic groups. It is true that no reference was To realize these objectives it made to interim administration in Even though the discussions was proposed that there should be 1997 constitutional proposals but between the an interim administration in the Peoples’ Alliance government government and the respect of the period following the and UNP had reached consensus LTTE during 1994/ 95 failed to produce elections to the temporarily on certain matters, after a positive merged North-East province and consultations between them. development toward solving the till a referendum was held in ethnic conflict, the December 1988. Foremost among them was the set-up of a Presidential Task establishment of a council for Force as agreed to Even though the discussions interim administration in northern by the both parties between the government and the and the eastern provinces and and their mutual agreement to LTTE during 1994/95 failed to administration of north and east as establish a produce a positive development separate provinces if the proposed reconstruction It is true that no authority toward solving the ethnic conflict, referendum would not be held. reference was made comprising the set-up of a Presidential Task to interim government and administration in LTTE Force as agreed to by the both Further, the northern and 1997 constitutional representatives parties and also the mutual eastern provinces will remain proposals but the were considered an agreement to establish a linked together until such time a PA government important steps and UNP had towards an interim reconstruction authority referendum was held in the eastern reached consensus administration comprising government and LTTE province and if a referendum on certain matters
74 75 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS the approval of the people in the would not be held within a period eastern province for the merger of of five years the northern and the the east with the north which eastern provinces which remain comprises Jaffna, Kilinochchi, linked, would be de-merged so Vauniya, Mannar and Mullative that it would continue as two districts. separate administrative districts.
However the reality was that the The Sinhala Commission report various constitutional proposals which opposed the Peoples’ presented in 1987, 1994, 1995, Alliance government’s devolution 1997 and 2000 never got off the package of 1997 proposed a ground. political framework which exceeded the provisions of the 13th Amendment. The Sinhala Proposal for Interim Commission report which This new development merits Administration opposed the PA special consideration. The The Peoples’ Alliance government’s referendum provided for in the devolution constitutional draft of 2000 package of 1997 People’s Alliance draft provided for interim The UNP proposed a constitutional proposals of 2000 administration for a period of ten government political was meant exclusively for the belatedly framework years with necessary powers eastern province. communicated which exceeded vested in the proposed regional to the LTTE its the provisions of council. proposals for the the 13th The rationale behind the interim Amendment proposed referendum was to seek administration
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The UNP’s election manifesto permanent devolution of powers of 2001 too promised an interim was installed. administration. Although there is general However the Cease-Fire consensus among the main agreement signed with the LTTE stakeholders, the LTTE, PA and shelved the idea of interim UNP, over the interim administration, and other matters administration issue, there is no were taken up for discussion. agreement among the political According to 1997 constitutional parties in the south on the framing proposals the council for interim of the necessary legislation to give administration was to consist of 12 effect to it. representatives- 7 LTTE, 2 TULF and 3 to be appointed by the The political power struggle has President. been identified as the major cause for the deadlock. The draft constitution of 2000 provided for the President to The UNP government belatedly The interim appoint members for the first five communicated to the LTTE its administration years of the ten year official tenure proposals for the interim was to be in of the interim administration. administration. The LTTE which force till a body rejected them clarified its stand as for permanent devolution of The interim administration was follows:- powers was to be in force till a body for installed
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“What Prabhakaran proposed millions of people displaced due was a new council for interim to the war. administration invested with adequate authority and legal status, What the LTTE waited for really ensuring wider representation for took place! Immediately after the the LTTE so that it could LTTE submitted its proposals on an productively engage in decision- Internal Self Governing What Prabhakaran making, reconstructing war- Authority(ISGA) to the proposed was a ravaged economy in the Tamil government at the end of October new council for homelands and restoring 2003, the People’s Alliance interim normalcy” together with JVP denounced the administration invested with United National Front alleging that Immediately adequate It further said “LTTE believed it was going to divide the country. after the LTTE authority and that UNP which received a mandate Meanwhile, the President took submitted its legal status, proposals on an from the electorate for its over three ministries including ensuring wider Internal Self representation manifesto which included the issue defence and retained them under Governing for the LTTE so of interim administration would her control precipitating a political AUthority(ISGA) that it could itself prepare the framework for crisis. to the govern- productively ment at the end engage in interim administration as the of October decision-making, political rivalry among the 2003, the PA reconstructing southern political parties would together with war-ravaged JVP denounced economy in the not permit devolution of powers the UNF that it Tamil homelands through constitutional means and was going to and restoring solve the basic problems of the divide the normalcy country.
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demanded a single administrative council in the eastern province. Though a similar proposal was Muslim Factor included in the Bandaranaike- Chelvanayakam Pact, it failed to gather momentum till the 1980s. Whilst the LTTE launched its campaign for a separate state, the The majority of the Muslim Muslims put forward their claim population in Sri Lanka continue mainly for an administrative unit to live in areas away from the north which would guarantee their and eastern provinces. They speak separate identity. The government Tamil. Prior to the onset of the made use of the Muslim ethnic war, their identity was not a community in the north and east contentious political issue. It does for only war purposes and in not mean that the Muslim consequence they fell easy victims Whilst the LTTE community did not really have to assassinations by the LTTE. launched its problems when the ethnic war campaign for a Muslims who were evicted separate state, broke out in 1980’s. wholesale from the Jaffna the Muslims put peninsula by the LTTE in 1990 forward their Of course, their problems were sought refuge in the eastern and claim mainly for not viewed in a political MUSLIM CONGRESS an administrative southern parts of the country. LEADER, RAUF HAKEEM perspective. In the search for a AND LTTE SUPREMO, unit which would VELUPILLAI guarantee their PRABHAKARAN EXCHANG- political solution to the ethnic A host of problems such as ING COPIES OF THEIR PACT separate identity. ON APRIL 5, 2002 conflict, the Muslim community devolution of power, security, land
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and levy of taxes has seriously As the compliance with these affected the lives of the Muslim assurances were not forthcoming community. The Muslim congress problems arose again between the which really brought the Muslims two parties. to the political limelight is in crisis today. After the ceasefire Devolution of power to a single agreement, the Muslim Congress regional council for north and east and the LTTE reached agreement would result in a 17.6% reduction on 06/04/2002 on the following in the Muslim population. lines:- It is quite natural for the z Return of lands expropriated Muslims to oppose any move to from the Muslims by the set up a single regional council, LTTE, since their community constitutes z Restraining levy of taxes from 35% of the entire eastern province However once the Muslims, population. the eastern z Cessation of violence against province is the Muslims, However, in the event of the carved out, the After the z Recognition of Muslim eastern province being carved out, devolution of ceasefire power- the agreement, the Congress as the sole the devolution of power- manner manner of Muslim representative of the Muslim of devolution based on population devolution on Congress and community. and the extent of devolution- population basis the LTTE the degree of reached z Establishment of peace would pose a challenge to the devolution – will agreement on committees at every village in authorities. pose a challenge 06/04/2002 the eastern province. to the authority.
84 85 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS Pondichery Model As a possible solution to the ethnic crisis, the Muslims have manifested an interest in an Indian Ceasefire model put in to practice in Agreement (CFA) Pondichery in South India- a centrally governed system Between applicable to geographically non- Government of Sri contiguous areas. Lanka and LTTE.
Whilst the Peoples’ Alliance fought the general election 2001 on a platform for “Peace and War”, its main rival the UNF sought a mandate to initiate a dialogue with the LTTE and to set up an interim administration under the LTTE. The UNP after its victory at the general election The UNP after its victory at the signed a cease- general election signed a ceasefire fire agreement agreement with the LTTE under with the LTTE under Norwegian facilitation. The Norwegian overall objective of the facilitation memorandum of understanding
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was to bring an end to the against LTTE being recognized as hostilities and establish a positive the sole representative of the Tamil atmosphere in which further steps community. towards a lasting solution could be taken. In accordance with a decision arrived at the peace talks held in A committee comprising Thailand between the government representatives from Scandinavian of Sri Lanka and LTTE in countries was entrusted with the September 2002, a Task Force for task of supervising the north-east reconstruction was implementation of the ceasefire established with government of Sri agreement. Lanka and LTTE being stakeholders. The Task Force gave Soon the ceasefire agreement priority for demining and became the object of criticism by resettlement of displaced persons. various parties. President The latter however, became a Chandrika Kumaratunga difficult task. denounced the agreement as one concluded without her knowledge The Opposition and approval, whilst some sections parties charged of the people entertained that SIHRN proposals were suspicion about the conduct of an attempt at LTTE SUPREMO VELUPILLAI PRABHAKARANNorway . Certain Sinhala as well giving effect to SIGNING CEASEFIRE AGREMENT ON FEBRUARYas Tamil political parties and the interim 23, 2002 religious organizations inveighed administration.
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SIHRN Committee separately go deep into such Proposals matters as peace initiatives and matters connected thereto, a During the second round of the political solution to the ethnic talks held in Thailand the following conflict, post dispute situation, decisions were taken:- international co-operation etc.
y Resettlement of displaced The Opposition parties charged persons. that SIHRN proposals were an y Rehabilitation of widows and attempt at giving effect to the children affected by the ethnic interim administration. war. y Release of private lands and OSLO Statement appointment of a sub Some of the important committee to ensure non- decisions reached at the third repetition of disputes and to round of talks held in Oslo. create a positive atmosphere to Norway from 2-5 December 2002 facilitate the recommencement to the final round held in Japan are of economic activities. as follows:- y Appointment of a sub y Explore a solution founded on committee to ensure the two PRIME MINISTER RANIL WICKRAMASINGHE the principle of internal self- SIGNING CEASEFIRE principal parties to the LTTE CHIEF NEGOTIATOR AGREMENT OF FEBRUARY deterministration in areas of ANTON BALASINGHAM AND 23, 2002 agreement shall jointly and JAPANESE SPECIAL historical habitation of the REPRESENTATIVE, AKASHI
90 91 SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS SRI LANKA'S ETHNIC PROBLEM AND SOLUTIONS rights in the context of the Tamil speaking peoples based peace move. on a federal structure within a united Sri Lanka y LTTE undertook to abandon conscription of children y Establishment of a north-east soldiers. reconstruction fund y The two parties mutually y LTTE in partnership with agreed to reactivate the UNICEF to draw up an action Committee on Ceasefire plan for restoring normalcy to Agreement and prevent the lives of children (Since the confrontation in the seas after There was Sub-Committee on prevention the Sri Lankan Navy destroyed perception of Disputes in High Security a trawler suspected to be an among the Areas and Restoring of Jaffna residents LTTE craft transporting arms. Normalcy had been rendered that the continuation of inactive, the LTTE decided to y LTTE expressed its high security leave the committee) dissatisfaction over the zones in the government’s decision to hold peninsula posed y a threat to their Immediate establishment of local government elections in U.N. Fund for the lives. A large the north- eastern provinces. number of reconstruction of the eastern economically province and World Bank being useful recommended as its custodian agricultural NORVEGIAN FACILITATORS Problems Surfaced OF THE CURRENT PEACE lands were INITIATIVE, VIDAR occupied by the HELGASEN WITH HIS y Invite Amnesty International DELEGATION. THEIR ROLE In October 2001 LTTE high security HAS BECOME MORE ex-Secretary General, Ian CONTROVERSIAL TODAY. expressed its dissatisfaction over zones Martin to initiate on human
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the performance of SIHRN In August 2003 the LTTE Committee and the delay in the communicated to the Prime establishment of the proposed Minister Ranil Wickremasinghe North-East Reconstruction Fund. that they would not participate in Perception was high among the the peace talks for sometime but Jaffna residents that the reiterated their commitment to a continuation of high security negotiated settlement. zones in the peninsula posed a Reasons adduced by the LTTE threat to their lives. A large number for the boycott of Peace Talks of economically useful agricultural lands were declared 01. Failure to invite LTTE to High Security Zones by the participate in the Washington security forces.For the security Aid club meeting held establishment it was of utmost preparatory to the Tokyo importance to stick to them. meeting 02. Delay in the restoration of LTTE’s response to Ian Martin’s normalcy in the areas initiative on human rights was not inhabited by the Tamils LTTE’s in fact, encouraging. Accusations 03. Lack of response to the response to Ian were levelled against the LTTE as grievances of the displaced Martin’s well as the government due to families initiative on human rights failure on their part to adequately PROFESSOR G.L. PEIRIS was not in fact respect the human rights as The Peoples Alliance AND DR. ANTON much BALASINGHAM AT THE demanded by the civil society. government of which JVP was a SECOND ROUND OF THAI encouraging PEACE TALKS. close ally failed to abrogate the
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ceasefire agreement reached between UNF and LTTE despite its pledge to the country. Instead, the President and her Alliance manifested an intention to abide by Current situation it, since any vacillation on their part of the Conflict to comply with it would result in retarding the progress of economic planning and loan facilities. The year 1995 was politically It appeared the Peoples Alliance significant to Sri Lanka. It was government made several attempts Chandrika Kumaratunga who The PA at reconciling its own differences deviated from the concept of government of The year 1995 which JVP is a to face outside challenges. unitary state and presented a was politically close political package to safeguard the significant to Sri collaborator rights of the Tamil minority in Lanka. It was failed to abrogate 1995. When the LTTE declared a Chandrika the CFA, despite Kumaratunga its pledge to the ceasefire, the government who deviated country. Instead, reciprocated in several ways, one from the concept the President and of which was the temporary of unitary state her Alliance and presented a manifested an suspension of the ban imposed on political package intention to abide the transport of certain goods. to safeguard the by it However, the peace initiative rights of the Tamils collapsed due to certain ill-
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conceived measures adopted by the Gangaramaya, Colombo after government to mould the public assuming duties as the Prime opinion in its favour. Undertaking Minister runs as follows :- security operations and the use of “People have become helpless political rhetoric to satisfy the due to war. Both parties have lost communalist forces were two such the economic vitality to continue instances. the war. The international community has exerted pressure to Consequently, the Tamil abandon the war and enter into Community as well as the Tamil peace negotiation”. militancy felt apprehensive about the government’s intentions and Does this mean that we should actions. The ceasefire agreement grant the Tamils their rights out of between the government of Sri sympathy considering their Lanka and LTTE was far stronger predicament or because of The ceasefire and more durable in character than pressure exerted by the agreement the one reached between the International community? Does between the People’s Alliance and LTTE. Yet, UNF this not give the impression that we government and the very cracks that appeared on the are not still prepared to recognize LTTE was far People’s Alliance ceasefire began the rights of the Tamil community stronger and to repeat later in the UNP’s as well. to their linguistic and cultural more durable than the one identity within a self-governing reached The essence of Ranil system? PEOPLES' ALLIANCE between the PA Wickremasinghe’s address to the GOVERNMENT and LTTE. REPRESENTATIVES AT A bhikkus and the laity present at PRESS CONFERENCE
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It appears that the UNP, PA and JVP, in pursuit of power even disregarded their own ethnic identities and rights of other Provision for communities as well. For example, Devolution of both the UNP and PA government Power are still not inclined to conduct fair and free elections in the south. They always resort to violence to consolidate their political stance. “Under a federal constitution full powers are delegated to each federating unit. The federating units have one or two legislative bodies of their own to discuss matters concerning the whole country. Each province in Sri Lanka It is about the shall be entitled to the right of unit of autonomy. There should be one or devolution, the two principal two legislative authorities to political parties decide on the country’s special In a federal in the country revenue and expenditure. Once the constitution each have not federating unit is reached thousand and one arguments delegated full consensus powers
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advanced against this system It is about the unit of devolution subside, federalism will remain the the two principal political parties best form of solution for Sri have not reached consensus. Lanka’s travails” Tamils who cast their votes against the Tamil candidates who preached This was the political forecast a federal form of government had of S.W.R.D. Bandaranaike to eat the humble pie later when published in the Ceylon Morning they were forced to give in to the Leader of 17.07.1927. The militant Tamil youth’s murderous The concept of the federal subsequent developments that took politics. structure was place in the political theatre of Sri first brought into Lanka during the past 75 years have the spotlight by The LTTE’s acceptance of a The very Tamil a Lankan proved Bandaranaike’s forecast to federal structure would not entail community which Buddhist leader be perfectly true! any problems to the north or south cast their votes about 75 years against their own ago. Contrary to of the country. The reason is that representation its past the Ironically Bandaranaike himself the concept of federalism was first who preached a SLFP’s present had to yield to external forces in brought to the spotlight by a federal form of orientation, his quest for a federal system. government had though belatedly Sinhala Buddhist leader about 75 to eat the humble towards a During the following years, what years ago. Contrary to its past, the pie later when they were forced federal form of every political party in Sri Lanka SLFP’s present orientation though government, is did was, to incite the people to to give in to the a fresh start belatedly toward a federal form of militant Tamil towards a new subordinate the rights of the government is a good omen for the youth’s direction minorities to the dictates of the murderous future. majority. politics
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Federal Structure system is unity in diversity. Other characteristics such as pluralist Federalism is something alien society, autonomy for distinct to this country but the concept of ethnic groups etc. are noteworthy federalism and the legislative features. provisions paving the way for a federal structure are not Sri Lanka is a country split on altogether new to us. The cardinal ethnic and religious lines. Such a feature of federalism is country could be united through distribution of powers between the the instrument of devolution of federal authority and the powers. Secessionist tendencies federating units. among different ethnic groups in a unitary state could be contained The provincial council system only by guaranteeing their rights commissioned under the 13th under a federal structure. Constitutional Amendment marks The main Sri Lanka is a objective of a the first attempt at devolving country split on federal power to the periphery. It was also ethnic, social structure is the the first constitutional effort made and religious distribution of lines. Such a powers to resolve the ethnic conflict. country could between the be united federal Federalism offers solutions to through the authority and instrument of the federating problems that arise in a unitary devolution of units state. The essence of the federal powers
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The Centre for Policy Alternatives (CPA) was formed in June 1996 in the firm belief that there is an urgent need to strengthen institution and capacity building for good governance and conflict resolution in Sri Lanka and that non-partisan civil society groups have an important and constructive contribution to make to this process. The Centre for Policy Alternatives presents to you this free copy of Sri Lanka’s Ethnic Conflict and Solutions. The primary role envisaged for the Centre in the field of public policy is a pro-active Your comments and suggestions may be and interventionary one, aimed at the addressed to dissemination and advocacy of policy alternatives for no-violent conflict Centre for Policy Alternatives resolution and democratic governance. 24/2, 28th Lane Off Flower Road Accordingly, the work of the Centre Colombo -07, involve a major research component Sri Lanka. through which the policy alternatives are Telephone : 94-11-2565304/06 identified and developed. Fax : 94-11-4714460 E-mail : [email protected]
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