transcurrents

Mahinda and his political solution for the Sri Lankan Tamils

By D.B.S. Jeyaraj

In recent times President Mahendra Percy Rajapakse has gone on record frequently saying “I will give them a political solution”. He is of course referring to the Sri Lankan Tamils as “them” though very often in practice those Tamil people are equated with the Liberation Tigers of Tamil Eelam (LTTE) and treated as such.

What could be this “solution” President Mahinda says “I will give them”?

It cannot be pure “federalism” in form and content because everyone knows Mahinda is against it. Mahinda is for an unitary state. This has been explicitly stated in “Mahinda chinthanaya”. No quibbling over “united” or “unitary” for Mahinda. It has to be “ekeeya” and not “eksath”.

He will not tolerate alternative nomenclatures to federal like “union” , “union of regions”, “indissoluble union of regions in an indivisible” Sri Lanka. Even the device suggested by the majority expert group in its report – of not referring directly to either “unitary” or “federal” – is also not for Mahinda.

There is also the possibility of going in for maximum devolution within a unitary state. But that too is not for this President. Besides the Presidential system as well as certain specific clauses in the Constitution will not allow meaningful devolution. Also in the case of prickly issues the Courts are not likely to be “devolution friendly” when the Constitution is unambiguously “unitary”.

If these are the subjective and objective constraints involved in going for federalism , quasi – federalism or greater devolution amounting to federalism then what is the political solution Mahinda says “I will give them”?

Recent developments indicate that President Mahinda is trying to re- introduce the Provincial Councils scheme of the 13th amendment to the Constitution as his political solution for the Tamil national question. The Indo – Lanka accord envisaged a merged North – Eastern Province as the Provincial unit. But now the North – East is de – merged so there will be two units of devolution.Also Mahinda has plans of taking strategic areas out of the North and East and administer them directly as central territories.

What Mahinda has in mind as the solution seems to be the 13th amendment with some “tinkered” powers. But the unit will not be North – East as a whole. Both provinces will have separate Provincial Councils. Furthermore extensive chunks of territory in both provinces will not be under these councils.

There are plans to demarcate certain areas in the Country as Central territories. This will be like the union territiries in India. They will be under central government control.Apparently Colombo, Galle and Hambantota will be Central territories in the South.

In the North Mannar Island along with adjacent coastal areas of Mannar mainland will be central territory. Since much off – shore oil excavation for oil is expected to be underway soon the Mannar coast and Island are to be under central control. The peninsula will see the Palaly – Myliddy – Kankesanthurai triangle areas and other coastal areas like Mathagal, Ponnalai , Valalai

etc will be central territories. The Weli – Oya region too will be a Central territory with further enlargement.

In the East the Trincomalee district will suffer most. Apart from the Harbour and adjacent areas in the town including of course Fort Frederick with Koneshwaram temple and areas up to China bay and even Kantalai will all be part of Central territory. Furthermore the coastal strip in Trinco South from Sampoor down to Verugal muhathuvaaram as well as the coastal strip up to Pulmoddai (with Imenite)in Trinco north will be central territory. I am unaware at present of plans for Batticaloa and Amparai districts.

Future military plans are likely to keep “project Central territory” in mind. Already much of the military campaigns are being conceived and implemented with this design. If and when these plans succeed to a certain extent two “moth – Eaten” administrations will be set up for the East and North. Whether they are “interim” or permanent will depend on the military successes of the Rajapakse regime. Douglas and Karuna have high hopes of being propped up as “puppet rulers” of the North and East respectively.

So when Rajapakse finds the time ripe to offer a “moth – eaten political solution” how would the LTTE react? It is pertinent to note that the tigers have not commented on the majority expert report or the Vitharana report so far. This is in contrast to 1995 when the LTTE held a press conference and vehemently rejected the “GL – Neelan” package even before it was presented to them.

The current mindset of the LTTE could be gauged to some extent by what tiger political commissar Suppiah Paramu Thamilselvan told Norwegian envoy hans Brattskar in Kilinochchi recently. On the question of direct talks with the Govt Thamilselvan said that the security forces had to withdraw to positions as at the time the ceasefire came into force. When asked about the APRC proposals the tiger political chief had said they were studying them. He also raised doubts whether the final product of the APRC will be on the lines of the Majority expert or Vitharane reports.

When Mahinda talks of a political solution that he would give them he is not very keen on incoroporating provisions broadly acceptable to the Tamil people. So if the “solution” is found wanting and the LTTE rejects it as a basis for negotiations then what? It is more war of course!Rajapakse and his war – monger siblings want to defeat the LTTE and impose a military solution.It is a dictated peace they have in mind. The offer of diluted devolution is in effect a stratagem. He wants the LTTE to reject it thereby helping to justify his military solution to the International Community.

All this brings us back to the All Party Representative Conference. The Tissa Vitharana proposals will be the basis on which further discussions will be held. Rajapakse is purportedly annoyed with recent happenings. Eleven out of seventeen experts presented a report envisaging maximum devolution and/ or quasi – federalism. The report was attacked in a concerted campaign with blessings from the Araliya abode.

Then came Tissa Vitharane. In a situation where four reports were submitted by the divided experts the Trotskyite professor stepped in with a report of his own. Though the proposals of all four reports were to be incorporated Vitharana very wisely has refrained from trying to reconcile the irreconcilable. So he left out some “controversial” proposals of the majority report and included the others in his report. Thus around 90% of the majority report is now in the Vitharana report.

There were media reports that Rajapakse was furious at Vitharane and had jettisoned the report. Yet that has not happened so far and the report is very much on the agenda. The other ruse adopted by Mahinda to negate this development was an attempt to de – value the APRC indirectly.

As stated in these columns earlier the significant political development in recent times was the memorandum of understanding between the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP) The APRC gained credibilty as a result and the elusive Southern consensus was in sight.

The UNP made a positive contribution by intitially supporting the majority expert report. Then the party submitted its own proposals to the APRC. It was very much in line with the majority report. It even surpassed that report in some spheres.

A chagrined Rajapakse then violated the spirit of the SLFP – UNP agreement by encouraging defections from the UNP. At least 19 came out and some more may follow. The idea of turning the Govt into an elephant orphanage for UNP pahyderms was among other things a crude attempt to get the UNP breal the MOU. Once the SLFP – UNP cooperation was over the fate of a viable political solution was sealed.

Yet there is a silver lining. Despite Rukman Senanayake’s dramatic but understandable gesture of tearing up the MOU in public the UNP has not given up on the search for a political solution. The party may not attend the APRC but will remain in the All Party Conference. Ranil Wickremasinghe seemed amenable to Prof. Vitharana’s entreaties that the UNP should not go out even if the MOU was invalid. It all depends on whether Ranil could convince his seething working committee.

Rajapakse has gone on record that he would implement whatever the APRC came out with. But with the Conference displaying signs of coming out with proposals unpalatable to him the President is now out to scuttle the APRC or dilute its final proposals. Thus the SLFP too has now announced that it would submit its own proposals.

Prof. Wiswa Warnapala is the chairman of the party committe to formulate proposals. Other members are Sarath Amunugama, John Seneivaratne, Sushil Premjayanth, Reginald Cooray and Dilan Perera. The SLFP is expected to present its proposals at the next APRC meeting on Feb 22nd. They have to be endorsed by the SLFP centtral committee first.

Therein lies the problem. The central commitee is practically a docile body in the hands of Mahinda. If the SLFP committee does present positive proposals the CC is likely to reject it if Mahinda desires so. On the other hand the proposals have to be toned down to the state of “13th plus” if Rajapakse is to give the nod.

Under these circumstances the question is whether the six man committee of five ministers and one chief minister will have the courage of the majority experts and Tissa Vitharane or whether they will simply play according to Rajapakse’s wishes. If they do present a positive document they run the risk of incurring Rajapakse’s wrath. The Central Committee will reject it. If Rajapakse is to accept it the CC will endorse it. But the content will have to be whittled down

There is of course the question whether the SLFP could regress from its earlier stance. The SLFP draft bill of 2000 was also positive and provided scope for maximum devolution. Can the SLFP climb down from its earlier position and yet retain an honourable image in public perception?

But the SLFP of 2000 is not the SLFP of 2007. Horagolla has given way to Medamulana. Let it not be forgotten that Mahinda played a “double game” then to sabotage the bill. He was at the site of the Buddhist priest on a death fast and was seen talking to protestors.

With Rajapakse unravelling the Bandaranaike legacy and re – moulding the party according to Mahinda “chinthana” many values held sacred are being eroded. So there is nothing to prevent the SLFP from revising its earlier stance.

Kumaratunga with all her faults was a person intellectually and emotionally convinceed of the need for greater devolution. Rajapakse is primarily for a centralised state and anti – devolution. His reluctant lip service to devolution is due to International pressure alone.

In the final analysis only International pressure can make Rajapakse evolve meaningful devolution. It is time for the world to emphasise the need for greater devolution. The LTTE is a problem but it is not the only one. The need of the hour is to rein in this militaristic monster and play mid- wife to a genuine political solution.

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February 17th, 2007

Douglas, Sangaree and 13th Amendment “Plus”

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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February 17th, 2007