Towards a ‘home grown’ political solution
By Dr. S. Narapalasingam
Sri Lanka has been under some compulsion from the donors - notably U. S. A, EU and close neighbour India - to come up soon with a permanent political solution to the ethnic problem. The desired kind is indicated in their Tokyo declaration which acknowledged the agreement reached in Oslo in December 2002 by both sides to the conflict to explore a federal structure for devolution of powers within undivided Sri Lanka. The powerful donors also stressed the fact that there cannot be a military solution to the problem and the need to seek a political settlement cannot be circumvented. The response of the Sri Lankan government has been somewhat cool for various reasons discussed here. The notion of ‘home grown’ political solution has been put forward on the grounds the problem is internal and a lasting political solution acceptable to the people in all ethnic communities should be found internally via the process of consultation and compromise.
True, the concerned foreign governments have also pressed for a negotiated political settlement. But the question with whom to negotiate has been a moot point because of the intransigence of the LTTE. The outfit’s supreme leader is known to be a diehard nationalist committed to separate Tamil Eelam in the North-East. By rejecting the Oslo Agreement, he reminded the world his continued commitment to independent Tamil Eelam under LTTE control. Since then the distinction between the idealistic demands of the Tamil separatists and the concerns and aspirations of the voiceless Tamil people living not only in the restive North and East but also elsewhere in Sri Lanka has become increasingly apparent. The reckless decision to resume the war for Eelam that resulted in considerable human losses and unbearable suffering as well as further decline in international support and sympathy for the Tamils in Sri Lanka has accentuated this difference. The LTTE on January 23 dismissed the government’s invitation to stop fighting and resume talks, claiming that there was no sincerity in the offer. ‘The Morning Leader’ January 24 reported that the LTTE Military Spokesperson I. Illanthirayan had told, “The government was making senseless statements to misguide the international community”.
It is fair to surmise that the war has also hardened the attitude of many Sinhalese who have suffered losses during this turbulent period. It has also put the government on UN spotlight with allegations of gross violations of human rights. The affected people are desperate for a permanent political settlement that will end their miseries and anxieties and bring forth a climate of peace and promising future. Having endured decades of immense suffering and knowing the difficulties the LTTE has in abandoning directly the Eelam goal for which many lives have been sacrificed, one can confidently say the majority of Tamils in Sri Lanka are anxious for an early constitutional settlement within undivided Sri Lanka. It is also not unreasonable to think that the declared method of the government to discuss proposals for settlement first with the Sinhala nationalists and then with the Tamil separatists is a way of dodging the challenge facing the present leadership.
Since early 2006, the present government at various meetings with foreign leaders both within and outside Sri Lanka has conveyed the following points with regard to the resolution of the more than two decade-long conflict that has destroyed nearly 70,000 lives and displaced nearly half a million people (UNHCR estimates). Since early last year when the war intensified, despite both sides not wishing to abandon the February 2002 ceasefire agreement nearly 213,000 persons have been displaced and 4,000 killed. The vast majority of the dead during this short period were unarmed civilians, including many women and children.
* The government is ready to share power with the minority Tamils.
* The government is committed to negotiated political settlement.
* “Genuine grievances” of the Tamils should be addressed and the government is waiting for the political proposals of the all-party conference.
* The APC is waiting for the recommendations of the All Party Representative Committee (APRC). A 17-member expert panel or Advisory Committee was set up to assist the APRC. This political process is underway.
Thus, the course taken seemed consistent with the desire to arrive at a ‘home grown’ political solution to the ethnic problem announced in the wake of the pressure of the donor community. The process as expected by the discerning persons has stalled as a result of the differences over apt ‘home grown’ solution amongst the Sinhalese polity.
Tamils want structural change
The Tamil community does not want some changes within the same political system that permitted the dominance of the majority ethnic community over the minorities even in the regions where the latter are in the majority. More than half a century of disappointing experience cannot be erased by some ostensible constitutional changes. Gomin Dayasri, who was a member of the government team at the failed talks last year with the LTTE and a signatory to the Expert panel B (minority) report in his recent Olcott Memorial lecture said, “most of the grievances of the minorities can be attended to by administrative action and the failure to rectify is due to administrative inadvertence and incompetence, lack of political initiative and political leadership. It is difficult to comprehend as to reason why the successive governments have not taken initial meaningful steps to rectify the grievances and build bridges to the Tamil community”.
He also listed “the discovered minority grievances” as follows:-
1 Failure to implement language provisions enshrined in the Constitution;
2 Failure to address the Security Concerns of the Minorities/Regional Minorities;
3 Continuing Kidnappings and Abductions;
4 Compulsory Acquisitions of Lands for Security Purposes;
5 Not attending of the problems of the Internally Displaced Person;
6 Alienation of Land on a Discriminatory Basis;
7 Child Recruitment;
8 Lack of Development Activity in the North and East; and
9 Discrimination in the recruitment for employment.
Among the 9 subjects, 3, 5 and 7 are related to the armed conflict between the government forces and the LTTE and hence are apolitical. But others are the result of the fundamental shortcomings in the political system that permitted the grievances to be ignored for decades. The changes proposed in the Expert panel ‘A’ (majority) report and by Prof. Tissa Vitharana as chairman of the All Party Representative Committee (APRC) in his report based on the reports submitted by the experts set right the known weaknesses in the decision-making system so that the past mistakes do not recur. As I stated in an earlier article (TW 24 – 30 December 2006) – “Minimum devolution and maximum safeguards”- Panel B (minority) report has not addressed fully these structural problems. The recommended safeguards therein are intended to strengthen and protect the very structure that was responsible for the emergence and subsequent escalation of the ethnic problem.
The abhorrence to federalism amongst a section of the Sinhalese polity, who want to be seen as staunch patriots and protectors of the Sinhalese nation and the island, they deem the Sinhalese are destined to rule became increasingly visible after the November 2005 Presidential election. President Mahinda Rajapaksa won the election narrowly with the support of the Sinhala nationalists. His election manifesto ‘Mahinda Chinthanaya’ or vision for the future of the island as he now says also indicated his commitment to the unitary structure. He won with the direct support of the ultra nationalist parties JVP and JHU as well as the indirect support of the LTTE which forced the Tamil voters particularly in the North to boycott the election. The intended strategy was to create a climate helpful for the division of the land by ‘other means’.
JVP’s uncompromising stand
The actions of the JVP since it emerged as a third political force in the South have been to obstruct the efforts to devolve powers to the minorities through constitutional change. Like other chauvinistic parties believing in the supremacy of the majority Sinhalese, the JVP wants to preserve the centralized structure with some powers decentralized under the overriding control of the centre. Its political ambition is to marginalize both the UNP and SLFP by mobilizing support of the rural Sinhalese people and the urban working class, a strategy similar to that the SLFP leader S. W. R. D. Bandaranaike used with great success in the mid 1950s. The following actions and strategies illustrate JVP’s uncompromising stand on the ethnic issue.
(i) Although the UNP is the No. 1 enemy of the JVP, it supported the UNP leader, Ranil Wickremesinghe’s move in August 2000 to scuttle the Bill introduced by President Chandrika Kumaratunga in the Parliament for devolving substantial powers to the proposed Regional Councils.
(ii) It opposed President Kumaratunga’s PTOMS proposal permitting the LTTE to work jointly with the government in the rehabilitation and reconstruction of the areas in the North-East affected by the December 2004 tsunami. The Supreme Court ruled that the move was unconstitutional.
(iii) The Supreme Court also ruled in favour of the JVP in the fundamental rights case filed against the merger of the Northern and Eastern provinces. The judges unanimously declared the temporary merger introduced 18 years ago under Emergency Regulation was illegal. Incidentally, the Cease-Fire Agreement (CFA) that remains still valid on paper despite the numerous violations by both sides is of great concern to the JVP and is agitating for its abrogation before it acquires a life of more than 5 years! It is baffling when an arrangement made under an agreement between two internationally recognized sovereign nations is declared null and void after 18 years, how the contents of the CFA which is only a MoU like the ones between President Rajapaksa and various parties will acquire legitimacy after 5 years. But still the JVP does not want to take any chances!
(iv) The JVP urged and backed the sacking of the UNF government in 2004, which seriously damaged the political future of Ranil Wickremesinghe. This also stopped any move to resume the suspended talks with the LTTE. The Tigers were ready to discuss their ISGA proposals with the Government.
(v) JVP withdrew from the All-Party Representative Committee (APRC) because it totally disagreed with the Majority Report of the Expert panel and now also with the Chairman Prof Tissa Vitharana’s report. The party does not want even the latter to be discussed at any formal meeting of the APRC. The JVP will decide whether to participate or not in the All Party Conference (APC) when the agenda is announced. Prof. Tissa Vitharana said the JVP did not attend the last two meetings of the APRC.
(vi) This radical party is dead against UNP members, especially those in favour of a federal solution to the ethnic problem joining the government. The JVP Politburo member Anura Kumara Dissanayaka reportedly said on January 21: “The ideology of those who hope to cross over and their working arrangements with the Government, are key factors on which the Central Committee will decide. We disapprove federalists such as Prof G.L. Peiris, Milinda Moragoda and Rajitha Senaratne joining the Government. They have acted against the interests of the country. However, this does not indicate that we welcome others who are expecting to crossover.”
This matter was also raised at the recent meeting the Joint Front of National Organisations had with President Rajapaksa at ‘Temple Trees’. Sinhala Jathika Sangamaya leader S.L. Gunasekera, also drew attention to reports that several of the UNP defectors were committed ‘federalists’ — those who support a federal constitution. JVP’s Wimal Weerawansa who represented the National Patriotic Movement raised matters relating to proposals to devolve power. The President announced at that meeting, “there would be no change in the policies of his administration after a group of UNP parliamentarians join his Government”. He is reported to have said, the UNPers were joining the Government accepting the policies that had already been enunciated in the ‘Mahinda Chinthanaya’. Among the other organizations that took part in the meeting were the Patriotic Bhikku Front, the National Bhikku Front, the Ruhuna Bhikku Front and the National Movement Against Terrorism.
President’s predicament
The opposition among the nationalists in the South to changing the unitary character of the present constitution inherited from previous constitutions seems to have strengthened after the November 2005 Presidential election. The first unitary constitution of independent Ceylon (Sri Lanka after 1972) had at least some checks and balances but these were removed by the governments led by either the SLFP or the UNP, the two main political parties that have continually engaged in competitive party politics at the expense of long-term national interest.
Chris Morris in the BBC World Service weekly programme – ‘From our own correspondent’ – 20 January 2007 said succinctly about President Mahinda Rajapaksa’s predicament. He said he knew the President some 15 years ago as “a member of parliament standing up for the rights of southern civilians, caught between a brutal Maoist uprising and an equally brutal military response. Now he has risen to the top of the political tree backed by Sinhalese nationalists. …At De Zoysa Circus, a busy road junction next to Colombo General Hospital, a large billboard of the president stares down at passing motorists. It is not the image which attracts my attention though - it is the slogan which accompanies it: “He is our leader; he is our president; he is next to King Dutugemunu.”
He also explained the symbolism and potency of this slogan to ethnic fears. It reminds “the legend of Dutugemunu, the mighty Sinhalese king who ruled more than 2,000 years ago - the warrior who went into battle on his elephant to conquer and defeat the usurping Tamil king Elara”. He opined: “Where many Sinhalese see an old-fashioned hero who unified the island, many Tamils see the deification of Dutugemunu as proof that the majority community is determined to dominate the whole country”. Having got into the trap of ethnic chauvinism, partly due to his ambition to become the powerful head of the government, a position described by its creator as powerful enough to do anything except changing a man into woman and vice versa he finds it difficult to accept even a ‘home grown’ solution coming from an ethnically mixed team of experts. The Expert panel (majority group) has 11 members from all three ethnic communities, while all the 4 members of the second Panel (minority group) are Sinhalese. President Rajapaksa is also disappointed with Prof. Tissa Vitharana’s report as it has incorporated many recommendations in the Expert Panel (majority) report. Sri Lanka is not mentioned as either unitary or federal state in both reports.
President Mahinda Rajapaksa on 12 January assured the Bishops of Jaffna, Mannar and Anuradhapura that a political solution to the national issue acceptable to all as hoped by the Bishops will be found after the next All Party Conference (APC). The President said the Government was committed to this task and will make all endeavours to achieve this after the next APC. It is not only the APC card but also the MoU signed by the President and the Opposition leader Ranil Wickremesinghe last October is shown as sign of positive developments towards a political solution.
The Government’s chief negotiator at the last peace talks and Health Care and Nutrition Minister Nimal Siripala de Silva told the visiting Italian Deputy Foreign Minister Gianni Vernetti on January 8 that the MoU signed by the leaders of the two main political parties have been welcomed by many countries. He also mentioned that the Government was fully committed towards a negotiated settlement with full devolution of powers to the North and East. The foreigner may not have noticed another dubious point in the statement that the government also hoped to obtain the support of the JVP and the JHU towards its efforts to solve the national problem.
On January 9 the Sri Lankan President Rajapaksa reiterated his steadfast commitment to a negotiated political solution to the national issue, at a meeting with visiting Indian Foreign Minister Pranab Mukherjee at ‘Temple Trees’. President emphasized the high priority his administration has assigned in this regard to the mechanism of the All Party Conference (APC), and his confidence that the deliberations within this forum would contribute to a national consensus on devolution. Both the APC and the MoU are now stuck by irreconcilable political differences and questionable aims.
According to Sunday Island 21 January President Rajapaksa is likely to unveil a set of political proposals for a negotiated settlement “in April after the military subdue the LTTE further”. The paper also said, “the hotly disputed recommendations made by a panel of experts in a report dubbed by the media as the ‘majority report’ and the one presented by All Party Representative Committee chief and Minister Tissa Vitharana won’t have a place in the forthcoming Rajapaksa proposals”. There is the feeling among some concerned persons that the current leaders are playing the same old power-seeking game for narrow gains that has brought the country to the present disastrous state.
This thinking is seen explicitly in the following comment (UTHR- Jaffna Briefing No. 6 Released 22 January 2007). The appointment of the Experts’ Panel for the APRC and the MoU signed with the opposition UNP gave some hope that the Southern polity is coming to its senses. Although many doubted the true intentions, both initiatives clearly pointed the way forward. The majority report of the Experts’ Panel outlined a political initiative to undermine extremisms on both sides of the ethnic divide and created some hope. The MoU with the UNP also has the potential to charter that new course. No one in their right mind thought the LTTE would become amenable to any political settlement and disarm voluntarily. Yet a political settlement that gave dignity to the minorities would have undermined the LTTE’s ability to manipulate the Tamil people and given the Government stronger moral ground to check them militarily as well. But the manner in which both the APRC process and the MoU with the UNP are being manipulated or made redundant by various forces including the Government to further narrow political interests, reveals the extent to which the Southern polity is hostage to extremist elements.
National interest
In the past, ‘national interest’ has either been ignored or taken different meanings depending on the political exigencies of ruling parties and their leaders. The interest of the country as a whole and of the people in all ethnic communities is crucial in the search for a permanent political solution to the national question. To the Sinhala patriots, ‘national interest’ means their interests or rather what they think as the interest of the Sinhalese people. This must take precedence over others. The idea of sustaining Sinhala supremacy stems from both the division of the population into majority and minority ethnic communities and the imagined fear of being oppressed by a politically powerful minority.
Apparently, this fear is in respect of the minority Tamils and not Muslims because of the presence of some 56 million Tamils in Tamil Nadu. They find it difficult to accept the view, especially when it comes to political power that Sri Lanka is a multi-ethnic country and all communities have equal rights to safeguard their security and interests and equal opportunities for social and economic advancement. However, it is noteworthy the Sinhalese community has no problem in accepting Sri Lankan society to be multi-religious (seen from the many religious holidays and Buddhist viharas, Hindu temples, churches and mosques in all parts of the country and common holy places like Kataragama called as Kathirgamam by Tamils revered equally by Buddhists and Hindus) but the same liberal view is lacking when it comes to linguistic difference.
The difference in the two dialects is compounded further by the fact that a part of the country close to Tamil Nadu is inhabited mainly by Tamils, a demographic pattern that has been a distinctive feature of the island for several decades before independence. Many Tamils who are settled in the South have their ancestral roots in this part of the island. The public utterances of some Tamil politicians/nationalists in neighbouring Tamil Nadu have not helped to dispel the imagined fears of some Sinhalese. The ancient chronicles have little relevance to those living in the modern world. Unfortunately, some seem to think they are still living in the past. Successive governments have done little to promote national integration and in fact the policies pursued such as the segregation of Sinhalese and Tamil students have been very damaging. After independence, it is not the Tamils but the power-hungry Sinhalese leaders who sowed the seeds of separation.
National interest should not mean the interest of the majority Sinhalese. Nor should it imply the interest of the Sinhala nation. The Tamil separatists believe in a parallel Tamil Nation. In fact some of them believe the ongoing armed conflict to be between two separate nations. Here in lies the problem with the ‘home grown’ political solution. The search for a viable ‘home grown’ solution entails the concept of one nation and the associated one ‘home land’. Sri Lanka is a multi ethnic and multi-regional country with diverse distribution of the ethnic population. People in the South, who are mostly Sinhalese, cannot assume they represent the people in the entire country. Likewise the people in the North, who are mostly Tamils if they want to avoid conflict with other ethnic communities and this is essential for lasting peace must accept the reality (from both internal and external angles) and seek amicable way of living with the Sinhalese. This requires a conciliatory and not confrontational approach to mutually trustworthy political solution.
The way forward
The observations of the group of distinguished Sri Lankans (including some expatriates) from all three communities in their open letter praising the 11 members of the expert panel (the majority) for their report endorse their recommended frame for a ‘home grown’ political solution. The letter quite fittingly says: “The document that you have produced is of immense importance for Sri Lanka’s political and constitutional future and your collective effort in producing it will go down in history as an act of rare courage, bold vision and great integrity. While reflecting the rich diversity of the ‘constituent peoples of Sri Lanka’, you have risen above our ethnic differences and brought into political relief our common humanity. You have proposed the foundation upon which we can build a new Lanka inclusive of the Sinhalese, the Sri Lankan Tamils, the Muslims and the Upcountry Tamils”.
The letter has also suggested the method to find a way around the present quagmire and move forward towards a ‘home grown’ solution. “The onus is now on President Rajapaksa and the leaders of the SLFP and the UNP to take the lead and act on these recommendations. The JVP and the JHU have predictably come out against the two reports (the other is the one prepared by Prof. Vitharana incorporating many proposals in the Expert Panel ‘majority’ report). They are entitled to disagree with the recommendations of these reports for agreeing to disagree is a part of democracy, but it should not prevent the movement towards a political solution”.
Finally the statement that “the LTTE will find it impossible to ignore, or reject, a political solution that has broad support among the Sinhalese, the Sri Lankan Tamils, the Muslims and the Upcountry Tamils, and carries the endorsement of the international community” is also significant. The rebel leadership will also find an opening to extricate from the present dilemma by discontinuing the fighting without openly abandoning the Eelam goal. This is an opportunity that the leaders committed to unity, peace and future welfare of the country cannot afford to miss. The country has paid a terrible price for neglecting the national problem over the past several decades and cannot afford to incur more losses by way of destruction of acquired assets as well as lost opportunities for development and higher standard of living for all citizens.
[The writer is Former Additional Deputy Secretary to the Treasury, Sri Lanka and UN Advisor, Development Economics/Planning]
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