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By S. Sellathurai

The government’s call to the LTTE to submit their proposals for devolution of powers cannot be serious, when their devout aim is known well to be the establishment of an independent state in Northeast Sri Lanka. Even the wide-ranging devolution package suggested by Dr. Neelan Thiruchelvam and Prof. G. L. Peiris a decade ago was rejected by the Tigers. The belief that they would opt for a unified federal structure in lieu of sovereign Tamil Eelam after the peace talks in Oslo in December 2002 turned out to be a ‘misconception’, when the chief LTTE negotiator Anton Balasingham contradicting his earlier statements dismissed the official statement issued by Norway, the peace facilitator as inconsequential, saying it was not an agreement signed by both parties to the conflict. The kind of governing system acceptable to the LTTE without the formal division of the island into two states is the one implied in their set of proposals for Interim Self-Governing Authority (ISGA) submitted in October 2003. But this is widely known to correspond with a con-federal rather than a federal arrangement. Although the LTTE said they were ready for talks on the ISGA proposals, Sri Lanka was not willing to consider these as basis for negotiations.

LTTE’s militaristic makeup and aims

Many groups pressing for a negotiated political settlement have still not grasped the key factors that have made the LTTE a unique military cum guerrilla organization. It is this uniqueness and inflexibility with regard to the goal of establishing an independent Tamil Eelam that are admired by some Tamils. Others, who take a pragmatic and farsighted view of the struggle for liberation from the present majoritarian rule that has made the minority Tamils powerless and subordinate to majority Sinhalese consider these as obstacles to permanent peace and the well-being of Tamils in Sri Lanka. The fact that many Tamils live outside the North-East is obvious and there is no need for a full census to establish this. The future well-being of all communities, Sinhalese, Tamils and Muslims depend crucially on their harmonious existence in all parts of the island. In as much as ethnic cleansing is harmful to ethnic harmony and political stability so is the planned colonization schemes intended to change the ethnic composition of regions. The volatile situation in the Trincomalee district is a case in point.

The view that the LTTE is now an obstacle to peace and the future well-being of the people is largely based on its nationalistic goal and the methods being pursued to achieve it. This writer is fully aware that some names are allergic to bigoted Tamils in the Diaspora. Dismissal of views even before a cursory examination cannot be regarded as rational. Citing Vinayagamoorthy Muralitharan, alias ‘Col.’ Karuna, former LTTE Batticaloa-Amparai Special Military Commander should not be taken as an endorsement of the various violent activities in the East before or after the split in the LTTE. In a recent interview Karuna Amman, who was also close to the LTTE supreme leader Velupillai Prabhakaran for many years pointed to the unique nature of the liberation movement and its aversion to constitutional solution to the ethnic problem. In response to the question about the LTTE as a liberation movement, Karuna said: “A struggle can achieve its goal when it transforms its military achievements into political victories. When we were in the LTTE though we gained many hard glorious military victories Prabhakaran couldn’t change them into political victories. A good political solution could have been found through the victories we obtained in the military front. But Prabhakaran wasted them”.

He also said: “Now Prabha group is one that functions under one man’s power. Prabhakaran has a wishful thinking that everything can be accomplished by military power. He doesn’t believe in political solutions. He thinks that he can impose his opinions on the Tamil people through his military power. Therefore, political solution is an inactive one in that organization which functions according to Prabhakaran’s nod. I have felt this directly. Prabhakaran wasted many opportunities that arose to achieve a relevant political solution to the problems of the Tamil people. This is because Prabhakaran has more belief in military leadership than the political leadership”. This statement explains the excuse given by Anton Balasingham, the LTTE’s chief negotiator for rejecting the federal compromise reached earlier with the Sri Lankan Government in Oslo. Apparently, the LTTE leader had not been consulted about the federal option, which. in any event was not acceptable to him.

The peace process based on the CFA, which is lifeless now started with basic contradictions. The direct talks were solely between the government and the LTTE. There was no requirement for the decommissioning of weapons. There was also no agreed agenda for the peace talks. Both sides were not in a hurry to discuss the core political issues. These contradicted with the aim of the peace process, if it was to seek a political settlement within undivided Sri Lanka. The numerous ceasefire violations by the LTTE were possible because of the failure to insist at least on voluntary decommissioning of weapons during the peace process. On the contrary, the build up of weaponry and cadre strength occurred. Despite the UNICEF and other international organizations’ strong and sustained opposition to child conscription, the practice had continued. Since the recruited children were mainly from the vulnerable segment of the Tamil society, there was little protest from the elitist Tamils. Ironically, some of them want Eelam because of the injustices done by the Sinhalese. It is a fact that the internecine killings have been phenomenally high during the cease-fire. With these unpleasant developments, the future of Tamils in Sri Lanka continues to remain increasingly uncertain.

The political solution desired by anxious peace seekers including foreign governments cannot be reached by negotiating with the LTTE. The Sinhala nationalists too will oppose any system that dilutes majoritarian rule. The joint wish of the donor countries is an agreed political settlement based on the December 2002 Oslo ‘declaration’. They have recommended this at the June 2003 Tokyo Conference. The structure for a final settlement has also to be acceptable to India. No country would support a solution ignoring India’s concern. Such realistic factors are being ignored by the Sinhalese polity and the LTTE.

The violent methods used determinedly by the Tamil Tiger in their struggle to gain controlling powers ignoring the long-term consequences are also major obstacles for negotiated political settlement based on democracy and pluralism in undivided Sri Lanka. The specific problem relating to the safety and free movement of the LTTE leaders is also another obstacle to this kind of settlement. The LTTE leader has been sentenced to prison for 200 years by the Colombo court for the attack on the Central Bank of Ceylon. He is also wanted by the Interpol for his alleged role in Rajiv Gandhi’s assassination. Indian government has not abandoned the official request for his extradition to India. The killings of several Tamils have also contributed to the concern for the safety of present rebel leaders. Even in parts of Vanni which is under LTTE’s firm control the leader does not move freely. One can see a practical reason for LTTE’s opposition to a political solution sans absolute control over security and judicial matters. The LTTE will also be unwilling to abandon its security forces for the same reason. Thus, the movement is a hostage of its dependence on violence for gaining absolute controlling powers.

Sri Lankan Tamil Diaspora

The aspiration of the Tamil community as a whole is for the creation of a peaceful environment by ending the prolonged state of confrontation and violence through political settlement that guarantees irrevocably their security, freedom and equal rights to live and prosper freely. Discrimination of minority communities and regions occupied largely by them (North-East province) by national governments must be prevented at all times. This is where some degree of regional autonomy/devolution of powers becomes important. People affected directly by the costly war incurring terrible losses and immense suffering over the years are definitely fed up of the continuing killings, dislocation, fear and denial of livelihood. They want peace more than Eelam.

The LTTE and its supporters in the Diaspora consider the plight of the helpless civilians as contribution of the community to the struggle for independence. The reconstruction and development of N-E are not their concern now. Even the prospect of sustaining Eelam as a viable independent state without long-term external financial support is not being considered. Democracy, human rights and ethnic harmony are not the concern of those aspiring passionately for Eelam. To them, Eelam is the panacea for all the present ills, some of which are self-inflicted. Especially those, who consider the LTTE to be their ‘soul’ representative, the realization of the Eelam goal is for some selfish reason. Although they may want Eelam, they know where the opportunities exist to earn more money! Even if Eelam fails to materialize, its advocates in the Diaspora will not lose anything in terms of their future and of their children. But the conditions for the Tamils in Sri Lanka will be difficult, especially if there is no early constitutional reform devolving administrative powers to the regions.

A Tamil analyst opposed to the damaging methods of the LTTE has observed in his recent report: “The Tamil Diaspora is hooked on revenge for what many Tamils suffered in 1983 especially the elite. They are time-warped on that year and do not understand that no nation should stand still but move on. Neither these people are moving forward nor are they allowing their kith and kin to create a future for them in Sri Lanka. Prabhakaran is only too happy to have the support of a 1983 fossil of the Tamils still alive seething with anger. These two are powerful allies in their march towards destruction. No one can expect them to behave otherwise”. This is true to some extent. There is also the desire to be seen by other Tamil nationalists as backers of the valiant struggle for Eelam, which in their view is the right response to Sinhalese hegemony. Another has said bluntly that the Tamil Diaspora is the major obstacle to peace in Sri Lanka.

The damage to Tamil culture and repute as a result of dastardly acts of a few daredevils in the Diaspora is also the result of the violent practices that spread after the liberation struggle widened eliminating political opponents within the Tamil community. Daily News 17 July 2006 reported that the UK Metropolitan Police arrested 29 persons from the Sri Lankan Tamil community in a lightning operation carried out in six London Boroughs early this month. The criminal elements were detained as a result of a day long operation codenamed ‘Enver 2′ on July 6 in Brent, Croydon, Harrow, Newham, Redbridge and Waltham Forest Boroughs. The Daily News also reported, “Metropolitan Police said the operation, which followed the EU-wide ban on the LTTE, was designed to stop and disrupt criminal activity perpetrated by some members of the Sri Lankan Tamil community. Following the completion of operation ‘Enver 2′ a new toll-free hotline has been created - 0800 587 2935. The pubic can call this number and provide information on criminal activity in the Tamil community including fundraising for the LTTE”. Enver 2 followed Operation ‘Enver 1′ launched 18 months ago.

The Toronto Star reported on July 21, 2006 that a Tamil refugee and former Toronto street gang member was deported to Sri Lanka Rivalries between different Tamil gangs in foreign countries that gave shelter and means to Tamil migrants from Sri Lanka had led to several killings in the 1990s before the police started arresting many alleged gang members. Earlier in the same month, three Sri Lankan Tamils residing in London, who were involved in a £250,000 credit card scam were sentenced to prison and ordered to repay tens of thousands of pounds. The fourth escaped the prison sentence. They were all managing fast food outlets in London. Several papers (online bulletins and editions of some Sri Lankan newspapers) reported the sentences. There was a time when expatriate Sri Lankan Tamils were considered decent educated persons. The Tamil intelligentsia gave a respectful status worldwide to the community. But now all these have been lost in the violent pursuit for Eelam.

Even Hindu temples have not been spared in the degeneration from a noble to violent Tamil culture that no longer respects the values cherished and followed by our parents and grandparents.

Temples were built (not rented buildings) in the good old days to serve the spiritual needs of the people. The structural design and the various built-in sculptures both outside and inside gave the temple the special significance as a holy place for worship. The intentions of many Temple trustees in the Tamil Diaspora are not entirely godly. For various reasons temples have come up in the cities where significant number of expatriates live. Regardless the temples used by devotees as worship places must be respected as such by others who may have some personal grudge against the trustees. Desecrating such palaces reflects the despicable level to which the society has gone down after the rise of violent behaviour and desire for dominance. Those who believe there is no salvation without violence should explain how the violent and other unlawful activities by some
expatriate Tamils will help to foster a compassionate liberal society! Perhaps this is not high up in their list of priorities.

Suffering Tamils

The circumstances that led to the recent influx of Tamils to Tamil Nadu from the areas of renewed fighting and the conditions where they now live as refugees in dilapidated camps have been reported by T. S. Subramanian in his articles published in the July 1-14 issue of Frontline. Some have come as refugees for the second time. He had visited few camps and talked with some Sri Lankan refugees, many of them from Mannar, Trincomalee and Vavuniya. He has presented his findings in the two articles titled ‘Fleeing to safety’ and ‘Camps of neglect’.

Between January 12 and June 28 this year 3,673 persons were registered as refugees in the Mandapam camp. Of them, 1,636 persons (45%) had arrived second time after the recent escalation of attacks between the LTTE and the security forces. They had earlier returned to Sri Lanka following the 2002 CFA. The total number of arrivals has now (July end) shot up to 5700. Chandravadhani (44) who lost her husband on March 18 after the firefight between the soldiers and the Tamil Tigers in Vavuniya had got herself and her three grown-up daughters registered as refugees in Mandapam. She told that it was impossible to live in Vavuniya with her three grown-up daughters because of the extremely volatile situation. S. Rasalingam, his wife and two children from Trincomalee had traveled by bus from Trincomalee to Vavuniya and then to Mannar. On June 5 night, they got into a boat after paying the boatmen Rs. 40,000 but were detained by the Sri Lankan Navy in mid sea and sent back to an ‘open relief camp’ in Mannar supervised by UNHCR. When explosions rocked the area, they fled into the jungle and managed to reach the Mannar coast. They paid a boatman Rs. 17,000 this time and reached Rameswaram on June 18 morning after a perilous six-hour journey in a small boat at night. M. Logaraja from Kondavil in the Jaffna district and his family first went to Tamil Nadu in 1995 as refugees. They returned to Kondavil in 2003 with the help of the UNHCR and found their home razed to the ground He had told T.S. Subramanian: “I saved enough money in the last three years and built a new home up to roof-level, but I am back at Mandapam as a refugee.” Since he arrived in Mannar on June 14, the day before the claymore attack on the commuter bus near Anuradhapura in which over 65 passengers died, including several children, he too had a difficult time. In retaliation the Army had gone on the rampage in Mannar. He said, “shells rained at night.” He fled into the nearby jungles where he stayed for three days before he made it to Mandapam on June 18. His family escaped the ordeal as they had gone to India three months earlier. The violence that escalated with the LTTE’s provocative attacks intended to create a hostile environment for launching the ‘final assault’ in the struggle for independent Eelam and the fear of another full-scale war have led to the present influx of refugees from the volatile areas in the North-East.

There are now 103 camps in Tamil Nadu providing accommodation for over 60,000 refugees. More than one lakh refugees live outside the camps. The camps are mainly huts in open spaces, cyclone shelters, warehouses, dilapidated ‘marketing committee offices’, abandoned ‘touring’ cinema halls, school buildings and marriage halls. The refugees suffer from lack of drinking water supply, sanitation, electricity and medical facilities. They are pleading for an increase in the dole. At Kurinchipadi, the refugees live in ramshackle huts and makeshift sheds with roofs of broken asbestos sheets (health hazard). The camp at Uchapatti has no power supply, while at Kurinchipadi each dwelling unit has just one bulb with restricted power supply. A team study of the conditions in Mandapam camp has concluded: “Malnutrition is visible among both the fresh refugee children as well as the old ones. The refugees suffer from the psychological effects of conflict, sudden migration, their refugee status, poverty, dependency on dole and doubts about their future.” Of the 1,955 shelters at the camp, as many as 980 have no electricity. Besides, most of the 830 toilets are blocked and the makeshift toilets have no roofs or seats. Similarly, the bathrooms, with open drains, have no taps. The refugees collect water from the four wells outside. Even the streets are not lit at night and the 20-bed hospital, located within the camp, runs without power, the study has revealed. S. J. V. Chelvanayagam’s son S. C. Chandrahasan who is the treasurer of the Organisation for Eelam Refugees’ Rehabilitation in Tamil Nadu is reported to have said: “We do not grumble about the lack of facilities in the refugee camps. We are grateful to India for providing us protection here. But please do not deny education to our children.” Kattumannarkoil MLA, D. Ravikumar of Dalit Panthers of India, who had recently submitted a report on the status of the refugee camps in Tamil Nadu, had also made 33 recommendations to the State Government for alleviating the plight of the Sri Lankan Tamil refugees. He is confident the present DMK government will strive to improve the lot of the hapless Sri Lankan refugees.

T. S. Subramanian has described in some detail the attitudinal change that occurred after the Indo-Lanka pact and the assassination of Rajiv Gandhi towards Sri Lankan refugees. “If the Government of India welcomed them after the anti-Tamil pogrom in Sri Lanka in July 1983 and even sent two vessels to Colombo to ferry Tamils of Indian origin (plantation Tamils), it used strong-arm methods to send the refugees back after the signing of the Indo-Sri Lanka

Agreement in July 1987.”In July 1990, the Indian Navy twice intercepted and sent back boats

carrying refugees. After the LTTE assassinated K. Padmanabha, leader of the Eelam People’s Revolutionary Liberation Front (EPRLF), and others in Chennai in June 1990, the then DMK government cracked down on the refugees. Young men were incarcerated in ‘special camps’ meant for Tamil militants. Subramanian has also described the security concerns of the State police after the tragic events. He has stated: “For the police the security concerns were real, as subsequent events proved. Six Sri Lankan Tamil refugees registered in camps played important roles in the assassination of former Prime Minister Rajiv Gandhi on May 21, 1991”.

“The Final Report filed by the Central Bureau of Investigation (CBI) in the case on May 20, 1992, says that these six accused came to India “illegally without any passports, got themselves registered as refugees only as a make-belief affair, but in fact they came with the purpose of assisting and abetting the conspirators in this case and took houses on rent at Porur and Kodungaiyur in Madras where they accommodated Sivarasan (A4), Dhanu (A5), Subha (A6), Nehru alias Nero (A8), Santhan (A10) and Ruban (A14) before and after the offence was committed.” The police now take fingerprints and photographs of arriving refugees from Sri Lanka and list their belongings as they sit out the whole day in the compound, which has only one toilet - for the staff. They are fed in the open and at the end of the day they are taken to the Mandapam camp. Intelligence agencies and other government bodies check them before issuing identity cards, ration cards, refugee data dossiers, bedding and utensils. The current practice of checking the authenticity of Sri Lankan Tamils seeking refugee status is understandable from the past abuse of India’s generosity by Sri Lankan Tamil rebels.

Southern consensus on ‘maximum’ devolution?

Addressing the inaugural meeting of the All Party Representative Committee (APRC) and the panel of experts, President Mahinda Rajapaksa asked the members to study the Indian devolution model and come up with a power-sharing plan to end decades of ethnic violence. However, in his camp not all are in favour of adopting the Indian model. One prominent lawyer has expressed his reservation saying the prevailing conditions in Sri Lanka are different. He thinks the local police service should not be under the control of a regional government as is the case in India. One can see here the reluctance to abandon majoritarian rule.

The President, in his address, also promised 1.25 billion dollars to help rebuild the island’s embattled regions. Media reports stated that the President has offered “cash to end ethnic violence” and that the offer of 1.25 billion dollars as a part of his peace initiative, is more than twice the country’s defence budget. If this offer is intended to entice the LTTE to a devolution plan, the failure of the UNF government led by former Prime Minister Ranil Wickremesinghe to bring about a political settlement through rapid development financed by foreign aid shows the futility of such ideas.

The party leaders whose interests have centered on political power per se, particularly after the immense executive powers bestowed to the elected President by the present Constitution were either unwilling or unable to tackle the national problems. The politically expedient short-sighted actions that led to the ethnic conflict and which later provided justification for demanding the North-East province to be a separate independent state continued to remain in effect despite some policy changes. There have been major shortcomings in their implementation. The political leaders have and are still providing indirectly the support to the LTTE to proceed with its destructive plan, from which they hope Eelam will emerge. Not only the Tamils and Muslims are suffering from the calamitous effects of the war but also the Sinhalese, particularly the rural families that have lost their sons and fathers have been struck. And some are living under severe economic hardship because of the costly war. Sadly, the innocent Sinhalese civilians are also the victims of targeted attacks. The recent tragic incidents indicate that the war might turn into a major humanitarian disaster. But the leaders seem to be unconcerned and are continuing with their party politics and internal leadership rivalries. The unpredictable UNP leadership has extended half-hearted support to President’s approach to peace. The party is boycotting the All Party Representative Committee (APRC) but has agreed to participate in the All Party Conference (APC).

The political aspirations of both the separatists and majoritarians are diametrically different but their actions and in the case of government inaction on the political front have produced the same effect of pushing towards the division of the country. Ironically, the negative acts of omission and commission of Sri Lankan governments have been useful to the LTTE that they welcome the continuation of official policies and practices that keep the country divided and volatile. The rebels and their loyal supporters are convinced that the Sinhalese will never grant the legitimate rights of minority Tamils. The LTTE has also been conscious of the importance of sustaining the distrust of the Tamil people in the national governments in order to avoid weakening the case for separation. Since the time the LTTE claimed to be the sole representative of the Tamils, determined efforts have been made by them to distance the people from the government. The latter too made no serious efforts to win the hearts and minds of the Tamil people. The fact that the longstanding grievances of Tamils remain unattended, despite the repeated calls by foreign governments for early remedial actions shows the inability of the southern polity to reach a consensus on issues that need to be resolved to safeguard the ‘unity, territorial integrity and sovereignty’ of the island nation, The flawed thinking that majoritarianism will assure these for eternity is the underlying reason for the current impasse.

President Mahinda Rajapaksa’s offer of ‘maximum’ devolution retaining the unity of Sri Lanka has been rightly lauded by many who believe strongly that this is the real path to peace. But the problem here is the unwillingness of the separatists and majoritarians to moderate their opposing aspirations. As mentioned at the very outset the LTTE’s intransigence cannot be changed by persuasion. The leadership has ignored even the appeal of the most powerful country, the U.S.A to renounce violence ‘in words and deeds’ and enter the democratic mainstream. President Rajapaksa has instituted the mechanism via the APC, the APRC and the AC (panel of experts) to seek a consensual devolution package for integration in the reformed constitution. He might have thought that this approach would make it relatively easier for changing the constitution avoiding the difficulties his predecessor, President Chandrika Kumaratunga experienced between 1995 and 2000. With the rivalry between ambitious political leaders still showing no sign of abatement, there is no guarantee the process of reaching consensus will be swift and easy. The LTTE is quite certain that nothing worthwhile will emerge from the consultations and discussions within the southern polity. There is some justification for their view, considering the composition of the committees set up by the President with more majoritarians than liberals.

The Supreme Court on July 21 granted leave to proceed with the Fundamental Rights Petition filed by the JVP against the North-East merger. Tamil parties including the TamilEela Makkal Viduthalai Puligal (TMVP) led by former LTTE Batticaloa-Amparai Commander Karuna oppose the de-merger and this is likely to be another issue that will help the LTTE in its campaign for a separate state. According to the Indo-Lanka Accord there has to be a referendum in the region to decide on the permanence of the merger. But the normal conditions for conducting a referendum do not exist now. Even before the discussions on ‘maximum’ devolution have progressed, other divisive matters threaten to stall the current approach to conflict resolution. A reminder is apt here. Even the meek Provincial Council system introduced via the thirteenth amendment to the 1978 Constitution would not have been possible without India’s direct intervention in 1987. The JVP opposed it violently not realizing the consequences.

Despite the past blunders that have led to the present crisis, political leaders are unwilling to be flexible. Perhaps, the majoritarians too need external guarantees to safeguard the future of the Sinhalese, which they think will become insecure if too much power is devolved to the minority communities. There is mutual distrust between the different ethnic communities. It was communal politics that was used since independence for winning elections. The LTTE is also using communalism and the distrust promoted by the politics of democrats for gaining power without elections! In short, Sri Lankans cannot resolve their internal conflict without external intervention.