tamilweek.com

By Sydney Knight

A critical study of our economy, based on the pertinent question as to who are those in our Island Home who help us to earn foreign exchange, will reveal that it is our workers who do that; workers on our plantations, the garment industry, etc. Regionally these workers are confined to certain areas in Sri Lanka for obvious reasons. To the region of the theatre of the present war, the North/East; the Sri Lankan diaspora send money from their new “homes”. This is also foreign exchange. But it is the workers on the plantations, etc. who by their toil earn the major portion of our foreign exchange. And these workers, along with others in the country, suffer in many ways because of the current Sri Lankan war.

For example, because of the war and thus the money supply and other factors, the cost of living is very high. It has been said that 80% of our people live on 20% of the national earnings. So the war along with other factors is making life very difficult for all of us in all parts of the land.In this context, it has also been said that despite this suffering of our people in various ways, there are those who will not want this war to be ended. For, some are living a type of life that they cannot live if not for this war. Take for example the so-called security on our roads for certain VVIPs. Some decades ago, the late P.M. Dudley Senanayake, when he visited his old School Warden who was ill in a Nursing Home in Kandy, did not have the security that certain VVIPs are having today for obvious reasons. When Dudley Senanayake was on the road, none of us knew that he was even on the road. Now the “whole world” knows that certain people are on the road because of the closure of certain roads in Colombo from time to time, because of the need for security in the context of this war.

I wonder whether those who want this war to go on so that they can live the life that they are living, know that the bulk of our people are suffering in many ways because of this war.In fact, there is a School of Thought which is of the thinking that because of the state of our Economy and the resultant factors, a number of our people are disenchanted with the Government in Colombo. They are of the opinion that this war, a war to destroy terrorism, so- called on the part of Colombo, has created many “separated” regions in our land, for they feel that Colombo does not care as to the suffering of the people in the regions, not only in the North/East.

Therefore, those interested in our land and our Economy needs to take this situation seriously. Are we as a Nation capable of doing this, given the reality of our Nation – its brokenness and fragmented/bleeding situation?

Over to all those who are interested in our National Economy.

[A Letter to the Editor, in dailymirror.lk]

By Dr. Paikiasothy Saravanamuttu

With the LTTE cleared from Sampur and Vaharai, the UNP depleted and the JVP marginalised, the cabinet swelled to record proportions, the Donor Forum concluded and the Presidential Commission and international experts to meet soon to deal with the matter of human rights abuses and a pan-Sinhala Ministry of Nation Building with five ministers no less, the Rajapakse presidency seems to be riding the crest of a wave. To where and with what purpose, is the question.

The President’s concerns regarding regime consolidation and security in terms of a legislative majority have been taken care of with the substantial UNP cross-over and record-breaking cabinet. We are told that this obviates the need for a general election.

However, the temptation to go for one may well be irresistible once the east is ‘cleared’ beyond doubt and before things turn sour there and elsewhere, as they could, if the LTTE successfully returns to guerilla warfare and launches a terror campaign of assassinations, claymore mines and bus bombs impacting adversely on the economy as well.

Real issue

The real issue, post cross-overs and the mega cabinet, remains the real issue that existed before it. What impact will this unprecedented display of ‘happy families’ amongst political actors that tantamount to a circus act, have on a resolution of the conflict?

Popular support there is, and no doubt will continue, for the President as long as the armed forces succeed in weakening the LTTE. Yet popular support as the recent Social Indicator poll reveals also recognises the importance of a political settlement.

The clearest policy pronouncements from the government with regard to conflict resolution continue to emanate from the defence establishment and these are silent on the role and importance of a political settlement.

Policy

Is it the case that the Rajapakse regime’s strategy for conflict resolution is primarily military in instrumentalities and in terms of substantive content, a substantial preservation of the existing constitutional status quo? This is a government that has not indicated its own thoughts with regard to a political settlement – all we have to go by are the platitudes of the initial Chinthana document and the planks upon which the electoral alliances with the JVP and JHU were built.

The President has distanced himself from the Majority Report of the Expert Committee and the valiant attempt by Prof. Vitharana to reconcile it with its minority counterpart. When will the country know what the substantive policy of this President and his government is with regard to a political settlement of the ethnic conflict?

The concern is that the lack of urgency and prioritisation of this issue that marked the pre-cross-over period will now be institutionalised. The creation of separate and distinct political and administrative institutional arrangements for the east will probably be given priority over the preparation and presentation of government proposals for a political settlement.

Objective

The strategic objective in the military campaign has been to puncture the LTTE pretension of sole representation of the Tamil people of the north and east and to debunk the homeland / areas of historic habitation concept once and for all time. This constitutes an additional departure from the Kumaratunga and Wickremesinghe dispensations, which thought in terms of merger first, followed by a referendum on its permanence. The Rajapakse presidency seems set on reversing this – de-merger before a referendum.

Political settlement

The additional concern is that the fact of cross-overs may reinforce the lack of urgency and prioritisation of a political settlement. Arguably, since the expectation of the country at large of the SLFP-UNP MoU was a consensus on a political settlement of the conflict, the possibility of arriving at such a consensus held as long as the MoU held. Now that it has been torn up by the UNP and undermined by the SLFP, this possibility no longer exists.

Moreover, it is unlikely that the crossers-over can exert any influence in this direction if such was their intention – having crossed over, they will be beholden to their new master.

In any event, before they did, there was very little evidence of their sense of urgency or priority on this score. A political settlement aside, there has been and continues to be a human rights and humanitarian crisis. These gentlemen have not had much to say on either.

Position

It is indeed an irony that the only party with a clear position with regard to a political settlement is the depleted UNP with its continued fidelity to the Oslo Communiqué. The JVP and JHU arguably do have a position, but this hardly amounts to a position on a political settlement. One hopes that Messrs Jayasuriya, Peiris, Moragoda and Senaratne and Hakeem too, will see it fit and proper to come out with their respective positions on the importance of a political settlement and on its desired contents, at least for the record.

Perhaps the earlier point about their loss of leverage may characterise their membership of this government. None of them have responsibility for conflict transformation and none would be members of the National Security Council. The portfolios they have been given and have accepted, suggest that they are quite content to be removed from policy making with regard to conflict transformation. This though will probably not apply to public defence and advocacy of that policy, whatever it may be.

Circus

President Rajapakse has scored in terms of his objective. However this is so, if a cricketing analogy is permitted, within the context of a limited over match. Peace and governance, on the other hand, are the stuff of test cricket. The circus has come to town with trapeze artistes, sad and happy clowns, those that talk in many tongues, jugglers, you name it. When do they begin to perform, for what, how long and how well? [themorningleader.lk]

By Bryan Nicholas
[Colombo 3]

I am writing to place on record the utter disgust of most of the population about the antics of the Security Staff of Ministers, when it comes to blocking off and closing roads at the drop of a hat.

Take for instance, late afternoon on Friday November 24, when the better part of the main commercial area of the City of Colombo was closed off for hours due to some VIP movement. Thousands of people took up to two hours to complete what was normally a 10-15 minute journey home! Of course, since this incident took place over one month ago, not even those responsible for security would ever remember; but I think this a pretty ridiculous situation; don’t you?

Then, there was Budget Day; at 12.30 in the afternoon people were prevented from going to their own homes down Horton Place due to a VIP travelling on the same route. One person whom I know insisted on his rights, with the cop at the Felix Pereira Petrol Shed junction and said that the cop could do whatever he wanted, but, as far as he was concerted, he was definitely going home. How many people would have the guts to do this? How would they feel if their precious families are barred from going to their house, I wonder?

Another thing that gets my goat is the closure of one lane of traffic opposite Temple Trees, not to mention the complete closure of R A De Mel Mawatha between the Army HQ and Temple Trees, which is a complete joke in the first place. How many times a day do they use that road anyway?

Then, Galle Face Centre Road is closed without any notice whenever security people deem it necessary. What this means is that traffic is banked up in Fort, the Pettah, Sir Chittampalam Gardiner Mawatha, D R Wijewardena Mawatha, Anagarika Dharmapala Mawatha, Ananda Coomaraswamy Mawatha, Union Place, T B Jayah Mawatha, Deans Road, Sir James Peries Mawatha and Sir Ernest De Silva Mawatha, Dr C W W Kannangara Mawatha, Ward Place, Horton Place, Torrington Avenue, Reid Avenue, Bullers Road (not to mention the roads leading to and off these!). The less said about the consequences to traffic on Galle Road and R A De Mel Mawatha (at the Kollupitiya end) the better!

Of course, some bright spark in the Security establishment decided not to have any vehicles parked on main roads throughout the day and night. This was due to the attack on the Pakistani Ambassador. Sure, perhaps this has got rid of the traffic problem on a lot of the main roads during the daytime (never mind the resultant chaos finding parking on the myriad lanes off Galle Road and R.A. De Mel Mawatha, and all the roads mentioned above!), but what about after say, 7pm? How many VIP’s (highly questionable ones at that!) travel on these routes then — is it indeed necessary to limit parking in the nights as well? At least, the commercial establishments on these roads could open and close later to enable them to make some money at least!

And now, another bright spark has come up with a new traffic plan to make the Galle Road one-way (for traffic plying from Wellawatte to Kollupitiya junction) and Duplication Road one-way (for traffic plying from Kollupitiya Junction up to Wellawatte). Not stopping at that, staring from the Reid Avenue round about near the Colombo Campus, Thurstan Road, Cambridge Place, Sir Marcus Fernando Mawatha and Green Path, have also been made one way streets!

This is nothing but the height of absurdity, creating utter chaos and pandemonium apart from the inconvenience caused to all and sundry.

Just take a moment to consider the consequences on the country’s fuel bill as a result of being stuck in traffic – a Nissan Sunny 1300cc-engined car recently did 7 kilometres on a litre of petrol, when it should be doing 10 to 12 kilometers/litre in city running. This is just one vehicle. How many vehicles in this country is this being replicated with? So who’s ultimately wasting all this foreign exchange buying fuel? As a result of shops losing revenue, who is missing out on the VAT?

But do they care? Obviously no, since they don’t need to worry about these trivialities due to their bunch of goons clearing the way and not having to pay their own fuel bills! Another matter I’d like to point out is how these imbeciles expect us to move to make way for VIPs (the largest cabinet in the world?) when the traffic is totally at a standstill!

Take for instance this afternoon (Tuesday January 2, 2007) around 1.00 pm I was traveling along Justice Akbar Mawatha, heading for the Taj Samudra where I had some business. As I passed the Slave Island level crossing, traffic came to a standstill for well over 15 minutes. Why? Because, some so called ‘high and mighty’ was travelling.

If these things were to happen in any other country, the masses would have taken to the streets — your convoys and your goons stoned.

I vividly remember, in India not so long ago, the price of petrol was increased by a couple of cents. What did the masses of that country do? Sit at home and mope? No; they took to the streets with vengeance.

Unfortunately, it is a great pity that most people in this country seem to think that “grinning and bearing it” is the way to go.

Not this puppy, I’m afraid!
The day that Sri Lankans learn to stand up for their rights rather than cowing down to unreasonable authority is the day that this country starts moving forward. I hope I’ve given some people the impetus to voice their thoughts rather than sit there in silence and hope for the best, because the best is not going to come unless we make it happen!

Its high time saner counsel prevails.

[A Letter to the Editor - DailyMirror.lk]

By S. Thambyrajah

We pray that the President, Parliamentarians, Sinhala, Tamil and Muslims and all the people of this country will be equal partners and move forward peacefully. The question uppermost is will there be a snap election? In 1999/2004) in a similar situation the media personnel who participated in a discussion on T.V, stated that a snap election will produce a hung parliament. At the time the Alliance for Democracy put forward an eleven point reforms package and advocated a National Government (NG). The Organization of Professionals stated that the Party system is the bane of the political system in this country and enthusiastically supported the idea of a N.G. This gathered momentum and a seminar was held at the Hall. Political party stalwarts of different shades waxed eloquent on the need for a NG. A University Professor, typical of the ‘pothe guras’ pooh poohed the idea and concluded that the Sri Lanka Constitution does not provide for a NG. Gradually the idea of a NG waned.

Today there is a similar situation. On one side reckless human beings are going completely berserk and on the other, nature is taking a big toll. Blood gates and flood gates are kept open. The M 0 U between the Government and the Opposition which was universally hailed is shaky. As against a NG that was mooted when the government was uncertain then, now there is a move to entice members from the Opposition with Cabinet ranks and tempting financial perks. When President JRJ faced a serious situation, he agreed on a temporary merger on the North and East as part of an accord with India. After the passage of several years it has been held that he had not followed the constitutional process – a technical legal flaw. When Ranil Wickremesinghe pushed along the peace process, he took a very bold step of signing the CFA. There was and is much criticism, yet it brought about cessation to killings. Uniformed personnel, tiger groups and civilians were saved as well as public properly. The much looked forward to Expert Committee Report and the Chairman Tissa Vitharana’s, carefully thought out useful contribution for devolution of power is being conveniently side stepped and perhaps will eventually suffer the same fate as earlier proposals and pacts. The Official Languages Law in so far as the Tamil Language is concerned is being relegated to the background and Sinhala only taking over. A few days ago I was in a queue at the Municipal Treasurer’s Shroff counter of the Colombo Municipal Council ((CMC), enclosed in glass compartments. Bold notices that were pasted on the glass were entirely in Sinhala and there was one word only in English; ‘Rates’ and none in Tamil. I was once more reminded of the Official Languages Commission appointed by the President in terms of Act 18 of 1991 to monitor and supervise compliance with the language provisions of Cap IV of the Constitution. In 1993 this Commission carried out a survey and identified the CMC’ for a pilot project and entrusted the task to the Marga Institute. I was a co-ordinator and assisted in compiling the report A comprehensive studied report with statistics and graphs were placed before a Workshop at the Marga Auditorium on March 6, 1993. The Commissioner, Secretary to Official Languages, Members, State Officials and concerned public enthusiastically participated at this workshop. 14 years later, it became a case of loves labour lost.

I wrote an open letter in August, 2006, to Ministers Athuada Seneviratne and D.E,W. Gunasekera about the 12 Tamil Typists and Translators, comprising Upcountry Tamils and Muslims who received letters of appointments on August 10, 2001 and were and still are drawing a monthly wage of Rs. 5000 each, without any allowances, still remain temporary, not entitled to pension benefits nor are contributory members to the EPF. A gross violation of Labour law and government rules.

My letter received wide coverage in three prominent English papers, with two of these carrying photos of the two Ministers concerned. These two Ministers or their officials did not have the courtesy of even making a press statement on this all important issue. Let this letter serve as a reminder.

The senior citizens of this country in their formative years in school and thereafter in employment, enjoyed and trusted each others company.

They are the persons who can bring about the much needed understanding. They should throw in their weight to the peace process in the interests of their own succeeding generation that is a duty and obligation for what the country and nature has given to them to live a well earned retired life, while youth are ending in watery graves. Once more, will we have to welcome the Independence Day, February 4th which is round the corner, with the pathetic lines in Chesterton’s ‘Ode to Liberty’ which begin thus: “When Freedom, dressed in blood stained vest, To every knight her war-song sung”?

[A Letter to the Editor - DailyMirror.lk]

St. Paul’s Balika Vidyalaya, Milagiriya which was inaugurated on January 14, 1889 as a Parish School affiliated to the Church of England celebrated its 120th anniversary recently.

The school which started with 24 students and four teachers now has nearly 4,000 students with 140 teachers on the staff.

St. Paul’s Balika Vidyalaya is located at the Portugese Church premises known as the Church of the ‘Miracle’. The word is derived from ‘milegro’ miracle, which later come to be known as Milagiriya.

By the time the school reached its 50th year in 1937, the number on the staff had risen to 15 with 225 students. At its centenary (1989) the number of the staff was 116 and the students on the roll were 3,365.

At the inception, the majority of the students were Burgher girls and the medium of instruction was English. Gradually Sinhala and Tamil too were added to the school curriculum. From 1962, the medium of instruction remained Sinhala.

A new epoch dawned in the history of the school with it being taken over by the government on December 16, 1961. Then onwards the gates of the school were opened to girls of every nationality and religion.

The first Principal was Miss. Stella Norman who has been succeeded by 13 principals. The services rendered by the Present Principal, Mrs. Geetha Abeygunawardena is noteworthy. Her devotion to maintain the prestige of the school is highly commendable. She has introduced several new subjects that would enable students to face the challenges of the modern world. She is very keen in improving the standard of English among the students.

Victory Through Difficulties
Through the clouds to the stars

By Sumanasiri Liyanage

One of the main lacuna in the 2000 constitutional draft was that although it proposed quasi-federal arrangements closely following the Indian model, it did not have a provision for a second chamber so that it as a whole lacked adequate power-sharing at the center. The report by the the Sub-Committee A (RSCA) includes comprehensive suggestions on the nature, compositions and the powers of the second chamber. Although the Sub-Committee B (RSCB) is not much enthusiastic about the second chamber, it does not oppose to it if it improves center power-sharing arrangements. This is what RSCB says on the subject: “We are not averse to a Second chamber if it is created to give minorities/provincial minorities a voice at the centre but we feel this could be another white elephant and a talk shop at great public expense to expand political cronyism”. Minister Tissa Vitharana includes provisions for a second chamber in his proposals. His proposals are similar to the proposals of the RSCA. He emphasizes the relevance of the second chamber in the following words: “[A] senate is found in almost every country where there is substantial devolution of power. A Senate should be considered a unifying mechanism. It would also function as a mechanism to rectify possible imbalances of representation in the House of Representation. The senate could also facilitate consensus building amongst interest groups”.

Let me first list the main features of the second chamber (senate) as delinetaed in the RSCA and Minister’s proposals (TWP).

1. A Parliament at the Centre shall be comprised of two chambers, the House of Representative elected by the people and the Senate elected by the Provincial legislatures.

2. The Cabinet of Ministers at the Centre shall be comprised of members of both House of Parliament, namely the House of Representatives and the Senate, excluding its Chairman.

3. One of the Vice Presidents shall be the Chairman (non-voting) of the Senate (Second Chamber)

4. The members of the Senate shall be elected by the respective provincial legislatures. The election shall be according to the principle of proportional representation with each provincial legislator having one transferable vote.

5. In determining the size of the Senate there is the need to maintain a fair balance between the Senate and the Parliament. (A ratio of 1:3 between the membership of the Senate and that of the House of Representatives is desirable).

6. All legislation, with the exception of Money Bills, an be initiated in the Senate as well.

7. The Senate can appoint an Arbitration Tribunal to settle inter-province disputes.

In my opinion, these comprehensive proposals would provide an adequate space for power-sharing at the center. However, I believe that some more elements can be introduced into these proposals to make them more attractive. Tissa’s proposals as well as the RSCA suggest that the the Senate shall be elected by the respective provincial legislatures. In some countries, the Senate is directly elected by the people in the provinces, while in many countries the Senate is elected by the regional/ provincial legislatures. Report do not specify how the members of the Senate will be ditributed among provinces. Is it in equal numbers? I undersatnd many mebers of the RSCA think it should be distributed equally between provinces. For example if the Senate is consisted of 45 members, each provincial council may shall elect 5 members. My point is that this will make Sinkahelse representative the majority of the Senate as in the Parliament. If it is the case, then the Senate just will be a replica of the Parliament. In case of the merger of Northen and Eastern Provinces, the provincial representaion from those two provinces would be reduced from 10 to 5.

For a meaningful Senate

So I believe the constitutional discourse should take this factor into consideration and should make center power-sharing more meaningful by allowing more representation to numerically small nations and ethnic groups. Otherwise as RSCB indiactes the Senate “could be another white elephant and a talk shop at great public expense to expand political cronyism.” Then how could the provincial voice be made more powerful at the center? In this regard, in my opinion, the Constitution of Belgium throws some light. The Belgium constitution recognizes the presence of different communities and provides a space for those communities to participate in the decision-making process. I would pose another question? How could numerically very small communities be brought in to the decision- making process? In Soulbery constitution, there was a provision to appoint 6 members to the Parliament to represent non-elected communities in the country. This very important element was done away with in the two republican constitutions. To make the Senate more meaningful and reflective institution that also limits majority control of the decision-making process, I suggest two measures. One of the fears of the numerically small nations and ethnic groups is that the majority can take decisions that are not in favor of them. Of course, the all three documents suggest some checks and balances to avoid this situation.

My first suggestion is that the Senate should be based on Ponnambalam’s 50-50 formula. Suppose the Senate is comprised of 40 members (I prefer small Senate), 20 members out of 40 shall be Sinhalese while the other 20 belong to other communities. Out of this 20, 5 should represent members of very small ethnic groups, like Dutch burghers, other Burgher communities, Malays. I would suggest Thamils, Muslims and Up-country Thamils shall get 5 seats each in the 40 member Senate. Malays, Veddhas, and other small communities, like Malayalis, Telingu community etc. As Tissa’s report and RSCA suggest the Senate can be chaired by one of the Vice-Presidents. All the reports generated in all-party process accept the fact that Sri Lanka is multi-ethnic, multi-religious and multi-cultural society. This is a demographic reality. One of the principal goals of constitution-making is to reflect this reality in the state structure not only by recognizing the presence of different communities but also by empowering those communities to maintain their cultural specificities. Consociational principle suggests multiple mechanisms to protect the rights of numerically small nations and ethnic groups. Mutual veto and double majority are among those measures. 50-50 formula has many advantages over mutual veto and double majority because it is a simple and non-conflictual mechanism that promotes co-operative governance.

My second suggestion deals with the issue of the elective principle. Here I make an attempt to integrate the provincial principle with the communitarian principle. So my suggestion is different to some extent to both Tissa’s proposal and the RSCA. Instead of provincal legislatures electing members to the Senate, I propose that provincial legislators elect members of the Senate subject to the my first suggestion. So the provincial legislators belonging to different communities can elect their respective representatives to the Senate. For example Sinhala members shall elect 20 members of the 40 member Senate. Up-country Thamil members, Thamils and Mulsims shall elect five representatives each. This will give more representative capacity to non-contiguous communities. The next question is how to elect remaining 5 members. Since it is highly unlike that these very small communities get elected in provincial legislatures, I propose these five members shall be appointed by the President with the advise of the Prime Minister and the leader of the Opposition in consulation with different representative bodies of the respective communities (like Dutch Burgher Association).

One objection for this elective principle would be that the Senate membership would be biased to the Western Province since the Wester Provincial Council has large number of members. There is some validity in this criticism. This bias may be avoided by two ways. First, the number of provincial legislatures should not be based only on the size of the voters. A minima and maxima can be adopted. Secondly, each provincial legislator can be given three preferencail votes with the provision that all three votes can be cast on candidate if she/ he wishes to do so. This will also help small parties.

In my opinion the Senate formulated in the above manner would not only reflect the multi-ethnic and multi-religious nature of the Sri Lankan society, but also make it more meaningful institution.

[The writer teaches political economy at the University of Peradenya: e-mail: sumane_l@yahoo.com]