transcurrents.com

    11 December 2011, 10:42 pm

    by Sumanasiri Liyanage

    Although I took up this and related issues many a time before, the current impasse in talks between the Government of Sri Lanka (GoSL) and the Tamil National Alliance (TNA) has compelled me to address those issues once again as, in my view, the resolution of the national question would be key to Sri Lanka’s future.

    Two different views have been presented by the relevant parties in explaining the current impasse. According to the TNA, the GoSL delegates have come up with a condition that the TNA should name its delegates to the Parliamentary Select Committee (PSC) if it wants to continue deliberations with the government.

    If this is true, it is not only a new conditionality for talks to be continued, but it is tantamount to an imposition of new restrictions over the independence of TNA’s right to take decisions on matters that are relevant to it as well as to Tamil people. In such a situation, the impasse is created by the GoSL.

    The State media has, on the other hand, given the impression that impasse is created by the TNA by making three demands that are unacceptable to the government. They are

    (1) the re-merger of the Northern and Eastern Provinces;

    (2) powers over state land to the merged provincial government;

    (3) the setting up of provincial police force.

    These three demands are not new and the position of the Sri Lanka Freedom Party (SLFP) on those demands is ambiguous. If the TNA presents these demands as conditions for further talks, then the TNA is to be blamed for the current impasse. However, it is quite legitimate for the TNA to ask these subjects to be included on the agenda to be discussed in its talks with the government.

    So, the GoSL-TNA talks and the PSC have to be separated although both the fora focus on the same or related issues. Furthermore talks between the GoSL-TNA would contribute to PSC proceedings in many ways if it is really aimed at finding a solution to the national question.

    The suspicion of the efficacy of PSCs in general and PSCs on national question is understandable owing to the fact that many PSCs and similar efforts in the past failed to produce any results. One of the recent examples is the failure of the PSC on electoral reforms notwithstanding a consensus among major parties over the necessity of a change in the electoral system.

    This goes for the results of the highly publicized All Party Conference on national question and constitutional reforms. Instead of addressing these issues of national importance, the government unilaterally used its 2/3 majority to introduce the 18th Amendment to the Constitution.

    Therefore, in spite of the suggestion that the PSC on national question should make its recommendations available in six months, the TNA on the basis of the past experience has legitimate basis to hypothesize that the PSC will end up as another failed attempt

    The GoSL’s claim that the TNA is putting forward three unreasonable demands is baseless for two reasons.

    First, as I mentioned above, these demands are not new and have been on the TNA ‘shopping list’ for a long time. Since three demands are inter alia programmatic to the Tamil national politics, the government, whatever the party in power should anticipate that these three demands would be raised in the discussion.

    Secondly, these three issues represent to some extent the politico-constitutional reality today. Recently, the government has announced in the Parliament that it had decided to withdraw a bill on water supply drainage because the content of the bill had to do with the subjects of the provincial/concurrent list. According to the 13th Amendment, Provincial Councils can exercise land and police powers if they pass statutes to that effect.

    The Supreme Court has recognized the idea of provincial land in its judgments. It is also interesting to note that Northern and Eastern Provinces were amalgamated in 1987. It was demerged only recently by a decision of the Supreme Court. Of course, the current politico-constitutional reality has many weaknesses, flaws and ambiguities.

    However, the Sri Lankan Sinhala politicians have since talks at Thimpu wittingly or unwittingly accepted that these three subjects, namely, merger, land rights and police powers would represent the key controversial issues in any constitutional change in order to accommodate the demands of the Tamils in Sri Lanka.

    The present government has time and again told us that it would accept the existing politico-constitutional realities. On many occasions, it informed India that it would find a solution to the national question on the basis of the 13th Amendment and going beyond that. Whatever its current position, the government has no legitimate basis to reject those three demands and tell the TNA that only the demands that do not fall within those three issues can be discussed.

    Media Minister in his news briefing said that the three demands could not be entertained as they involved the security of the state. Does it mean that now the government is thinking in terms of 13 minus?

    In this context, I welcome the TNA’s decision not to participate in the proposed PSC. As I indicated in an earlier note, if it decides to participate it should be conditional. The TNA should persuade the UNP, JVP, DNA as well as the left MPs and SLMC to boycott the PSC.

    In my opinion, the TNA has been making a tactical blunder since the Indo-Sri Lanka Accord in 1987. It is the non-participation in the mechanism that was created by the 13th Amendment. The setting up of an elected Northern Provincial Council is a prerequisite for finding a solution to the Tamil national question.

    Let me pose a counterfactual question: Had the TULF participated in the Provincial Council election in 1988 and formed a TULF-led Provincial Council, what would have been the outcome? Flawless systems do not exist in real world. In my opinion, a provincial council led by the TNA in post-war context in Sri Lanka would create a more favourable situation for Tamils to present its case and also for it to consolidate its position. President told Parliament that 2012 would be a year of election.

    The TNA should demand that holding election to the Northern Provincial Council (NPC), setting up of elected NPC and transferring power from de facto military administration to elected body as a pre-condition for its participation in the PSC. If Ministers Tissa Vitharana, DEW Gunasekera and Vasudeva Nanayakkara are really interested in resolving the national question, they should also support the TNA demand and opt for only conditional participation.

    19 Comments

    1. Kumar says:

      December 12, 2011 at 12:08 am

      What is the whole meaning of talking about devolution , what matters is putting the lives of people of North better. Any discussion should be focused on that only. Merger, Police, Land are for politicians to enjoy kingly status. What people need is food, shelter, healthcare, education, employment as any human being in Sri Lanka. …

      The separatist demands saw death to some 50,000 or more innocent people. Suffering, poverty, malnutrition, fear engulfed peoples lives. Now the war is over, TNA & other stake holders in Tamil society should think about ways & means of making the lives of people they claim to represent better , should stop at least now separatist thinking after the blood bath that lasted 30 years…..

      How do other people live in harmony in Sri Lanka i.e. Tamils of Indian origin, Muslims, Ceylon Tamils live in south of the country, why don’t they demand all those land, police powers etc. & leading normal life , (perhaps hundred times better than those live in North)…..

      Drop damn demands for separation which started in 1920’s, (don’t waste time, you will never get those ,if 50,000 deaths in 30 years war did not get those) …

      Work with the GOSL ( both blue or green) sit in Govt. benches in parliament……

      Follow Great S. Thondaman…..

      Get Ministerial portfolios ( TNA can easily get 5 to 6 ) & work for the poor people in North……….

      Try to make lives of Northerners better, MAKE NORTH’S CHILDREN SMILE , (this is our next generation)……….

      TNA can do this , if, only if TNA & other like minded (Tamil Diaspora , Tamil Journalists/Professional, etc) are SINCERE & GENUINE about Tamils in North.

      Think Sri Lanka is your motherland & be a part of all our Country ‘Sri Lanka’ like Tamils in Up Country & South, Muslims, Burghers, Sinhalese & let next generation Tamils enjoy their life.

      Reply to this comment

  2. James Bond says:

    December 12, 2011 at 3:51 am

    This is a very good point and it is really a mystery that the TNA has not taken a step by step, cumulative approach to power-sharing by using existing mechanisms. It seems that they prefer grand-standing and do not care about the people that they claim to represent!

    In any case the demilitarization of the north and the reduction by 70 percent of the boots on the ground in the northeast is necessary and should be a called for as a good faith confidence building measure in order for the TNA to participate in the select committee discussion. Also, what are all the international donors like the World Bank that love to write policy papers on all sorts of subjects like restructuring the labour market and the land sector for global capital, not writing papers on the restructuring of the military (business) sector that the Rajapakse Bros are cultivating? Time for an intrepid NGO to get some serious security sector reform experts to figure out how the armed forces may be down-sized and right-sized for post-war sustainable peace building in Lanka -that looks beyond the paranoid rhetoric of the Rajapakse Bros. who are scared that the diaspora will take them for a war crime trial in the Hague – and hence are militarizing Lanka to protect themselves from the diaspora!

    Reply to this comment

    3. Mahendra says:

      December 12, 2011 at 8:09 am

      Kumar – a taste of making children smile, holding Ministerial position with the

      present Regime has been tried and tested with the likes of DD, Karuna etc.

      Can you quote any work done for the benefit of Upcountry Tamils by the Great Thonda

      that is evident in todays situation?

      Reply to this comment

      • Kumar says:

        December 13, 2011 at 12:06 am

        Main political perty of notherners is TNA , not DD or Karuna.

        Great S. Thondaman (senior) prevented deaths of thosands of Up Country Tamils. They, a million of people, did not suffocate of a Civil War & they continued their normal lives, children got education, all state less people got Sri Lankkan citizenship, because Thonda never allowed “War Mongers” LTTE , pro separatist NGO’s, etc to penetrate Up Country tamil areas.

        Reply to this comment

        • panda says:

          December 13, 2011 at 4:00 am

          Kumar, Still up country Tamils are living likebonded slaves in 200 years old line rooms without even toilet ,water like basic facilities in 21 st century what a grate achievement !!!!

          Reply to this comment

        • Kumar says:

          December 13, 2011 at 11:35 pm

          Certainly no bondedlabour as such. Not all live in Estates & many people do farming, trading, employed in various private/public institutions including Sri Lanka Police, many educated Up Country Tamils are in higher posts in Colombo & other cities etc. In many Tea Estates situation not is better than earlier.

          Further people ALWAYS (both Green & Blue Govt’s) have access to all the GOVERNMENT POLITICIANS of THEIR OWN at REGIONAL as well as NATIONAL LEVEL to address their grievances. (THIS IS WHAT CEYLON TAMILS LACK)

          Poverty is something all Lankans face with irrespective of race, religion etc., Most important thing they always have the hope for the future , for them selves & children in a peaceful country. If they work well their future is prosperous.

          Reply to this comment

  4. kanda says:

    December 12, 2011 at 9:55 am

    These need not be demands. They have bee agreed upon legally long ago. The exercise is just time wasting and nothing (other than “kudu” related transactions or negotiations) could be done with Rajapakse Bros & Sons (not so limited). Starting from January – this will be a Zimbabwe, or even worse!

    Reply to this comment

  5. Anonymous says:

    December 12, 2011 at 10:18 am

    WE TAMILS IN SRI LANKA NEVER WANTED SEPERATION ONLY THE SIGALESE MADE US TO THINK LIKE THAT.IT IS EVEN NOW NOT TOO LATE BUT ARE THE MAJORITY SINGLALESE READY TO CHANGE THEIR MIND SET-UP.AFTER THE DEAFET OF L.T.T.E.TAMILS ARE TREATED LIKE UNWNTED ELEMENTS IN EVERY ASPECT IN SRI-LANKA.HOPE I AM NOT WRONG.

    Reply to this comment

  6. aratai says:

    December 12, 2011 at 7:14 pm

    .

    Evidence:

    Perumal and Murugan’s children study in sinhala media and speak sinhala, but speak Tamil at home.

    Bilingual policy.

    :-)

    Reply to this comment

  7. ranjit de mel says:

    December 13, 2011 at 1:53 am

    i do not disagree with dr. s.l.,but we should consider,take into account the reality today.what is the reality today.this government is strong and very stubborn.this government does not care for the so called international western community opinion.this government has new influentiel internationel friends.china ,russia,some influentiel arab countries,brazil, to name a few are behind rajapakse.even india may protest most of the time,but bussiness is bussiness.this government is not worried about sanctions of the so called developed countries.new friends have more money and give more aid for the development of s.l.,and they do not dictate.japan is with s.l. .ltte is dead atleast in s.l.the majority of the tamil diaspora and the tamils living in s.l. are for a united s.l..what they want is a political solution,acceptable for all ethnians.now coming to the tna,the demands of the tna,they should also realize the times have changed.the might of the ltte is no more there.let one discuss their first demand,the remerger of the n.and the e.provinces.as far as i know the merger was dictated by the indian governmentj.r. was forced to accept it.even the people from the eastern p. were not asked,wheather thez want it.if this government says the government is not for remerger,then the government is correct.the majority of the people in the e. p.are against it,includung many tamils in the e.p. .the tamils in the n.p. would like it,so they could dominate and force their policies in the e.p. . when we come to the 2.nd and the third demands,namely the land and the p. police,tna is right,but it sould be only for the n.p..without these rights, devolution of power is useless.i was,is and also in the future for a federal setup in s.l., but not on ethnical grounds.sometime back i was for the indian model,but today iam against it.the conditons in s.l. are differnt than in india.72 p.c. are sinhalese,and 69 p.c. are buddhists.in s.l.tamils live not only in the n.p..today the s.l.an tamils living in s.l.is only 8 p.c.,less than the s.l.an tamils indian origin and the muslims.in a federal setup people living in a perticular province can develope their province according to their mentality,culture etc. etc.the central government should help the federal state without dictating.thedevelopments benefits should be for the poeople living in that perticular state.today in my opinion the development programs of this government is not for the people ,the volk,the benefits are for a certain class of people,and outsiders.iam for the 2.nd andthe3. demands of the tna.dr.s.l. boycotting is not good,the government would like it.they can drag on with talks tillthe tamil dominance even in the n.p.is negligeble.i do not know any country with a federal setup with 2 armies,navies air forces.neither do i know a country with a f.setup with 2presidents,foriegn ministers,defence ministers,so where is the danger of seperation.federal setup is unity.tna should be also flexible,and realize the muslims,the s.lan tamils indian origin and also the majority sinhale people also do not have the freedom,which one should have in a democratic country.it should not be always the rights and aspirations of the n.p.tamils.iam sorry to point out this tesavalamai law has to be dropped.if we want success let us work together,irrespective of our race religion cast class etc etc .

    ranjit demel berlin colombo

    Reply to this comment

  8. Ilaya Seran Senguttuvan says:

    December 13, 2011 at 9:02 am

    Mr Ranjith de Mel misdirects himself when he concludes “this Govt does not care about the so called Int’l community”

    Astronomical amounts are paid – illegally i.e. without approval of Parliament – to under-performing enterprises like Bell-Pottinger in London and Xorvis in Washington merely create a better impression about the regime by the international community. Opposed to what you say critics of the regime say the latter are probaly having nightmares and diarrohea thinking of what can happen if things go against them at the Hague – very much part of the international community now that many erring leaders of some African countries are hauled before the Court.

    As to your repeating the false slogan of Lankan Tamils being minority that is general anti-Tamil chorus, surely indigenous Lankan Tamils cannot maintain their earlier level of around 15-17% when they were bombed from the air and the sea; thrown out into the open by the war; forced to flee by the hundredds of thousands to the South and other lands just to save their bodies and souls. Those who claim the “Indian” Tamils in Sri Lanka exceed the local Tamils are misleading themselves. Some argue conditions were created to make Tamils flee the country and the NEP for interested parties to lay claim their numbers are insufficient to justify a Separate rule for them in line with their pre-Colonial past. I must say I am not arguing for a Separate State here but ceertainly for a PC for

    Tamils and Tamil-speaking people in the NEP to be able to run their affairs themselves. It is well known the Muslim equation was introduced far later to muddy the waters.

    ISS

    Reply to this comment

  9. sri says:

    December 13, 2011 at 9:32 am

    Prof Sumanasiri Liayanage is absolutely correct.

    TNA should demand holding of election, contest and capture power in the NPC without any reservation.

    Any delay is catastrophic to the Tamils themselves.

    This is in the interest of the people of the Northern Province.

    The TNA must think out of the box solutions and must be ready to accept 13A without merger,land and police powers.

    There should not be any agreement with or without international mediation.

    Agreements are blackmail on the part of the Tamils and this is the lesson the Tamils should have learnt during their 63 years history.

    The Banda- Chelva Pact, Dudley-Chelva Pact and indo- Lanka agreement failed because all these agreements are blackmail and provide only short term benefits and in the long run and in the final analysis the Tamils will be in a worse situation.

    agreements are our number one enemy!

    The TNA should innovatively build up a real grass root participatory democracy in the NPC.

    That is the real meaning of democracy and devolution not another layer of government where some politicians are the kings once the elections are over.

    Does the TNA leaders are farsighted and ready to risk on behalf of the long suffering people of the Northern Province?

    Reply to this comment

  10. Sellam says:

    December 13, 2011 at 12:44 pm

    It seems that the Government is not interested in devolving powers to the provinces. As far as the TNA party is concerned, they do not have the knack of approach for the problem .The impasse is created by both parties. If the Government sincerely believes in devolving powers to the provinces, not North or East alone, but to all provinces, it can do it overnight. There can be a parliamentary select committee with non -biased MPs and the openions of accadamics taken into account.

    Reply to this comment

  11. Ilaya Seran Senguttuvan says:

    December 13, 2011 at 4:16 pm

    Prof. Sumanasiri Liayanage is yet another of those academics from the South who speaks forthrightly and fearlessly in the National Question. If the Govt had a few more like him we should have celebrated a solution long ago.

    While the Govt uses its vast propaganda machinery and journalists in the media with an established pro-State orientation to make the TNA appear to be the spoiler the fact is the regime is once more trying to sabotage this effort – as it did all previous efforts it put forward to hoodwink the outside world. TNA’s announcement It is disappointed with the Govt coming out with perfidious conditions is supported by Lianayage’s defence “whatever its current position, the Govt has no legitimate basis to reject those 3 demands”

    A reading of the recent Communiques from the TNA on these talks establishes when Prof GL Peiris came for the talks early last week and announced future talks can proceed only if the TNA agrees to be part of the PSC, he was in fact, once more reneging on the previous agreement where both sides agreed on TNA’s reservation to join the PSC unless they (the TNA) saw some forward movement in the talks.

    TNA has done just what the Professor observes “in this context I welcome TNA’s decision not to participate in the proposed PSC talks. As I indicarted earlier, if it does (TNA) decide to participate it should be conditional”

    As to what Liayanage notes as a “tactical blunder” by the Tamil political leadership in 1988 not to participate in the PC Elections, this would appear to be so in today’s context. But in the heat of the times then when the LTTE (not the entire Tamil people) were battling both JRJ’s Govt and India simultaneosly participation would have been a loss of face. But I do believe, they should have taken part in that election and should have made attempts to get something for the Tamil people. It is known, however, extremist elements within the JRJ Govt were out to negate the NEPC effort by holding back the required resources to ensure its failure.

    ISS

    Reply to this comment

  12. Quaero says:

    December 13, 2011 at 7:13 pm

    For a clock to be functional the pendulum has to keep swinging; the clock ceases to function when the gyration of its pendulum comes to a halt!

    The gyration stabilizes; so should be our comments.

    Pay attention to the spirit, not the language, of other’s views.

    If we all mean the well being of ‘our’ country, why is it so hard for a meeting of the minds!

    Who and who constitute the ‘our’.

    If ‘our’ constitutes the Sinhalese and the Tamils, shouldn’t the well being of the Tamils be as important as the well being of the Sinhalese.

    … … what adverse effects will there be on the Sinhalese if the well being of Tamils is also taken care of?

    Is there any Sinhalese who genuinely fears that the the ‘security’ of the country would be at risk, if policing their habitat is entrusted to the locals?

    What kind of fear is that? Wouldn’t that be a fear of convenience!

    Reply to this comment

  13. cyril says:

    December 13, 2011 at 7:27 pm

    There is no need for conditional or unconditional participation in the PSC. In fact, there is no need for a PSC!. The TNA, ‘the pre-eminent political entity in the North’ (Dr Dayan Jayatillaka), has clearly outlined their proposals to the UPFA government. Therefore, the ball is now in the government’s court. If it’s necessary the government should appoint their own committee and come up with their response to the TNA proposals on the basis of which talks could resume with a view to arriving at a consensus.

    The provincial governance should be handed over to the provincial council and the military should have no role in the governance of the North or any part of the country. In the recent elections the people in the North rejected military-led UPFA/EPDP and they should respect the mandate of the people and stop imposing their will through the devise of the PSC on the elected representatives of the Northern people, the TNA. Therefore, Mr Liyanage’s idea that the TNA should participate in the PSC on the pre-condition that the government transfers powers from the military to the provincial council does not give due recognition to the TNA as the ‘pre-eminent political entity’ within Tamil polity. The UPFA government talking with the TNA is qualitatively different from the TNA participating in the PSC. This qualitative difference seems to have slipped Mr Liyanage’s perception.

    Reply to this comment

  14. Raja Perera says:

    December 13, 2011 at 8:12 pm

    Why devolve any extra powers to the northern region. They are just like any other region of Lanka and will get the same amount of power nothing more nothing less.If tamils want MORE then they should go back to India and try to get it there, may be they could try in Canada or UK but not in Lanka. We realy dont want you because you are racist selfish arrogant cast concious big headed ass holes.

    Reply to this comment

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