August 30, 2011

Sri Lanka’s decision to lift the Emergency regulations, as announced by President Mahinda Rajapaksa in Parliament last week, is a step towards creating a positive environment for national reconciliation. The regulations rode on powers granted to government under the 1947 Public Security Ordinance. They have remained almost continuously in force since the 1971 Janatha Vimukthi Peramuna insurgency in southern Sri Lanka, through the years of the armed Tamil militancy in the North and the East. But there was never any real justification for retaining them after the LTTE’s military defeat in 2009. The broad sweep and vague language of the regulations struck fear among the Tamil minority, and curtailed the freedoms of all Sri Lankans. Over the years, and especially after the LTTE’s assassination of Foreign Minister Lakshman Kadirgamar in 2005 until the end of the war, the government introduced a welter of overlapping regulations arming security personnel with wide and arbitrary powers to search, detain, and arrest people for “terrorism,” which itself was not clearly defined. Draconian in their scope, the regulations undermined the freedom of speech, expression, and movement. The monthly approval needed from Parliament for their extension was an insufficient cover. With the immunity they provided to officials, the instances of misuse were many, especially in the Tamil-dominated areas of Sri Lanka.

The Sri Lankan government must clarify how it proposes to deal with the people — their numbers are unclear — still detained under the Emergency laws. It also remains to be seen how Sri Lanka will now use the Prevention of Terrorism Act, a law so severe that it more than mirrors the Emergency regulations in its scope and powers; the two were implemented simultaneously or interchangeably. Without losing any momentum, the Sri Lankan polity must now quickly move towards setting up the political framework to address the Tamil question — the just solution to which is wide-ranging devolution of powers within a united Sri Lanka. The 13th Amendment provides a decent start but, as the whole world knows, Tamil aspirations go beyond this. It is certainly time to concretise the ‘plus’ in the 13th Amendment-plus to which President Rajapaksa committed his government before the LTTE was eliminated as a military entity. In shaping an enduring political solution, the role of the Tamil National Alliance, which decisively won the recent local bodies elections in the North, is crucial. Thus far it has fallen woefully short of articulating a clear vision of a constitutional solution. It is time it steps up to the task.

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Comments:

While it is good to have lifted the emergency regulations, there should be equally effective ways and the means to protect the country from terrorism. One way may be to revamp the penal code with provisions there in to deal with terrorists – JVP, LTTE and the like. These outfits are just waiting to find soft/lose spots to creep. GOSL therefore must ensure that uprisings shall never occur. Our very porous vast stretches of coastal areas must be well guarded from infiltrators from India and elsewhere that take advantage.

from: Christopher K

Posted on: Aug 30, 2011 at 08:48 IST

Its welcome step by Rajpaksha government to unite the Tamilian with mainstream. Indian govt should consider similar steps regarding the AFSPA in Kashmir and North East. Its now clear that emergency like dictator laws do little to unite multicultural society. It can be used only to pacify the situation. But perpetuation of such laws would only result in discontent among minorities. Removal of emergency might make the situation better.

from: Swapnil Wankhade

Posted on: Aug 30, 2011 at 09:04 IST

A very appreciable act by Sri Lankan Government,but discrimination could not be obliterated just by enforcing some laws.The Lankan people should realize that if they want to grow or move ahead ,these feelings have to be dumped.

from: Rajat Dutta

Posted on: Aug 30, 2011 at 09:21 IST

End of emergency rule is welcome but unfortunately until PTA and the desizing of the massive defense establishment, we will not see light at the end of the tunnel.Sri Lanka is succombing to international pressures and India must play its due role to get things moving in the right direction. As a victim of the decades old systematic repression, though I lived more than half of my life overseas due being systematically purged for being a Tamil, I strongly feel there is a long way to hit a goal without moving the goal post, and I am still very pessimistic.

from: R Jayadevan

Posted on: Aug 30, 2011 at 11:50 IST

Why is India and Hindu worried about Sri Lanka. Let them manage their own affairs. We Indians have enough problems needing solutions.Sri lanka would have been a much developed country if India did not create LTTE and destabilize that country. After the killing of Rajiv Gandhi still India has not learnt a lesson.

from: Sunil

Posted on: Aug 30, 2011 at 12:00 IST

It is a welcome step by Sri Lankan Government though after delay of 2 years, for proper reconcilation/Integration with tamilians it is imperative for government to bring in force 13th amendment.

from: ANANT

Posted on: Aug 30, 2011 at 12:19 IST

Tamils can have aspirations and there is nothing wrong with it. But such aspirations should be within the framework of the unitary Sri Lanka and cannot go beyond rights of others nameley the Sinhalese and Muslims. Whatever the amendments, it should be within these parameters as LTTE was defeated to safeguard and uphold this principle. This should be crystal clear to all those who talk about devolution etc and non negotiable. This is the ground reality and the views of majority Sri Lankans and had been communicated to the Tamils National Alliance already.

from: Lokaya

Posted on: Aug 30, 2011 at 14:06 IST

This is definitely a positive step. Removal of Emergency will improve confidence in the minds of tamil people towards the srilankan government. Terrorists can be eliminated by military, but only a peaceful atmosphere can eliminate the root causes of terrorism.

from: krishna prabhu

Posted on: Aug 30, 2011 at 14:50 IST

Time only can prove if the statement by Rajapakse was well intended or is due to international pressure, to permit freedom of non violent and peaceful expressions by Tamils in Tamil Eelam, to gain their legitimate rights.

from: Sarwan

Posted on: Aug 30, 2011 at 16:04 IST

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