Douglas, Sangaree and 13th Amendment “Plus”
February 17th, 2007
By D.B.S. Jeyaraj
I recently saw on TV an interview given by the President to the BBC’s new correspondent in Colombo. He reiterated that “I will give them a political solution”. What was frightening in that interview was the fact that to Mahinda “Tamils and tigers” were co – terminous. He was boasting that he was sending medicine, fuel, food etc to the tigers but in reality those are being sent to the Tamil people.
The Govt for propaganda purposes emphasises that the Tamils and tigers are two distinct entities. But in practice this regime targets Tamil civilians in a way that has never been done before. The executive President’s inability and/or unwillingness to draw a distinction between Tamils and tigers shows where the fault lies.
This mindset is dangerously similiar to that of Sinhala ethno- fascists who maintain that Tamils have not been deprived of any rights and therefore have no problems. What we have is a “terrorist” problem they say. A “terrorist ” problem needs no political solution but only a military solution they argue.
The conduct of the Rajapakse regime has demonstrated that “Medamulana Mahinda ” is also of the opinion that a military solution and not a political solution is necessary. Rajapakse has however grudgingly acknowledged that the Tamils have to be given something at least for the sake of messrs. Aanandasangaree and Douglas Devananda. So there is a need to come out with a political solution.
Realistically the Rajapakse regime has to go through the motions of a search for a Political solution due to International pressure. There is every chance that foreign aid and financial assistance would dry up if something is not on the table soon. Some Countries are tolerating Colombo’s military drive only because they think Rajapakse will also deliver a political settlement.
There is a world – wide consensus that a Southern consensus or Pan – Sinhala consensus is very necessary for a satisfactory resolution of the national question. There is little doubt among international circles that ultimately a political settlement redressing Tamil grievances and accommodating legitimate Tamil aspirations is necessary. Of course it would be within the parameters of Sri Lanka’s unity, territorial integrity and sovereignity. So even Mahinda has to maintain appearances of going in for a political solution.
This is where messrs Anandasangaree and Devananda are helping Rajapakse. The former is doing so unwittingly while the latter is doing so wittingly.
The Tamil United Liberation Front (TULF) President is doing yeoman service to the Tamil cause by propagating the need for a federal solution based on the Indian model. But he does not specify what or how that model solution should be formulated.
Dr. Neelan Tiruchelvam of the TULF along with Prof. Gamini Lakshman Peiris formulated a very worthwhile devolution package. Tiruchelvam was maligned by the LTTE as a “traitor” for that commendable effort. He was assassinated in 1999 but the character assassination preceded it for four years.
Years later Anton Stanislaus Balasingham stated publicly that the Tiruchelvam draft was positive and acceptable.The TULF President can take up this creditable package and promote it as a political solution but regrettably has not done so despite the efforts of many to persuade him.
Then there is the majority report of the expert panel. Some of the recommendations in that report were far -reaching. The report can be a very solid basis to build upon. The report was signed by six Sinhala, four Tamil and one Muslim persons. At a time when the Sinhala hardliners came down heavily on the report it was the duty of Tamil political parties to defend it on principle.
Yet Mr. Anandasangaree has been conspicuously silent about that report so far. When a member of the expert panel solicited Anandasangaree’s opinion recently he was told that the TULF president was studying them.Other Tamil parties including the Govt constituent Eelam Peoples Democratic Party (EPDP) have also maintained a deafening silence.
There is also the Tissa Vitharana proposals which encompasses about 90% of the majority expert report. Prof. Vitharana has done the Samasamaajists proud by presenting a report that is very , very progresive. Dr. NM Perera’s nephew displayed shades of the old LSSP which conducted itself honourably during the time when Citizenship and Official Language bills were passed. Anandasangaree the disciple of Dr. NM Perera has not been supportive of even the Trotskyite’s efforts.
Merely repeating the manthra “indian model federalism” will not be useful without making efforts to evolve a concrete solution or at least back the best available proposal. The bane of the TULF from Appapillai Amirthalingam’s time has been the attitude of waiting for the other party to come up with a “viable alternative”.
If the Tamil “moderates” desire an alternative solution to Tamil Eelam then they must come out with what they want or extend constructive support to proposals like the Vitharana or majority expert report.Waiting for Mahinda to come out with a solution instead would result in being offered only a watered down version. It is lamentable that a man of Anandasangaree’s experience fails to see this in perspective.
While Anandasangaree plays unwittingly into Rajapakse’s hands , the EPDP’s Douglas Devananda is wittingly becoming a cat’s paw in Rajapakse’s hands. Apart from actively collaborating in acts of state terror, Devananda is also involved in helping Rajapakse to sell a political dummy to the Tamils.
Devananda has been talking much of his earlier three – stage scheme of 13th amendment plus. This is music to Mahinda’s ears. What Rajapakse hopes to present as “political solution” is nothing more than the 13th amendment with modifications. Douglas “Malli” is helping Mahinda “aiya” by harking back to the 13th amendment again.
Devananda has conveniently forgotten the background to this three – stage scheme. Actually this proposal was not that of Devananda’s but his erstwhile political adviser Dr. K. Vigneswaran. It was this former secretary of the North – Eastern provincial council who came up with this suggestion in the late nineties.
Chandrika Kumaratunga was President then and the war with the LTTE was raging. The people of the North – East needed some regional administrative set – up with political leadership . The practical alternative was to work the defunct 13th amendment.It was for this that the three – stage formula was proposed.
The first stage was to set up an interim administrative council for the North – East. The representation in the Council was to be of the same proportions that North – Eastern political parties were represented in Parliament. Since the EPDP held nine seats out of the total thirty – one the party was to get the most representatives as well as the interim chairman post.
The second stage was to enhance devolution . The idea was to do away with the concurrent list in keeping with the Mangala Moonesinghe report. This would give greater powers to the periphery. Sec 154 (G) enables greater powers being given to the Provincial councils by legislative amendments through simple majority. All Provincial Councils should pass legislation to that effect in their respective councils. If all PC’s were united in this then Parliament too could pass legislation through simple majority.
The third stage was implementing enhanced devolution through an interm council for the N- E while the overall search for a political solution should continue. The rationale was that the absence of a political solution should not prevent the North – Eastern people from enjoying the benefits of devolution.
Kumaratunga was very sympathetic towards the idea and even gazetted provisions for a N- E interim council. Since the UNP and SLFP had agreed during the Mangala Moonesinghe committee sittings to do away with the concurrent list thre was no hitch to enhanced devolution. Besides the Peoples Alliance controlled all Provincial Councils then. The N- E would have the interim body. All councils were expected to support greater powers for themselves.
Everything was hunky – dory but nothing positive happened. Why? The cause was none other than Devananda – who in the words of the late Kethesh Loganathan – fancied hmself as the sole alternative to Velupillai Prabakharan the so called sole representative. When Kumaratunga wanted names from the EPDP for the interim council Douglas wanted to head it himself. Kumaratunga disagreed as he was then a MP. But Douglas wanted both posts and refused to budge. So the project was shelved.
Now the very same man who killed the idea then is reviving the 13th amendment plus project. It is seemingly at the behest of Mahinda.
The 13th plus proposal was thought of at a particular time under different circumstances. Much water has flowed down the Mahaweli, Kelani, Aruvi and Verugal rivers since then.
Concrete legislation for a political settlement was drafted as a bill in Aug 2000. The 2002 ceasefire agreement brought an end to the “official” war. Direct talks between the Govt and LTTE resulted in the Oslo declaration where both sides have pledged to explore federalism.The International community is for a settlement on federal lines.
Against that backdrop there is no need to go back to the past of 13th amendment with or without plus. What is necessary is for the nation to proceed forward on the road to federalism. The EPDP wants the Country to go back to the 13th amendment period. This amounts to a gross betrayal of the Sri Lankan Tamils.
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