Time to realize the suitability of Federalism
by A.Rajasingam
The measures taken to solve the ethnic problem in Sri Lanka within the concept of a Unitary framework has ended in a futile exercise. The only achievement to solve the problem eventually not only ended in destruction of lives and property but also in mass exodus to foreign countries. The main cause for such failure was the lack of far-sighted thinking by the Sinhalese political leaders as well as by some Tamil leaders in the past. Sinhalese Political leaders were only concerned in changing the constitution to their suitability. The steps taken by both Mrs.Srimavo Bandaranayake and J.R.Jayawardena to have a unicameral constitution with the sole purpose of denying a noice for the minority Tamils, eventually led to the birth of terrorism to rear its ugly head as well as the uprisings of the JVP subversives.
One ponders whether such uprisings would have taken place had there been a federal form of government in existence since the time of independence. This prompted to give a brief account of Federalism and how it operates for the benefit of the people.
Federalism refers to two levels of government - one refers to the Federal and the other refers to the Provinces. The Federal Government exercises its particular powers across the whole country while the Provincial governments exercise their powers within their particular regional territory.
Each level of government usually has its own particular jurisdiction. The Federal Government has its authority over “national” issues usually on national defence, foreign policy and monetary affairs while the Regional governments will have its authority on regional issues (other than the national defence, foreign policy and monetary affairs). Briefly power is divided on certain areas is divided between the Central Government and the Provincial Government or it can be called “decentralized” to Regional governments. Thus leaving room for wider participation by the public resulting in addressing the grievances of the people from all quarters.
Federalism differs from Unitary Government. In a Unitary Government there is only one level of government which has the autonomous constitutional powers. It is the party in power that makes all political decisions. The problem crops up when the ruling party makes decisions in a multi-racial country. However, in a Federal Government, the Provincial Government attends to all matters pertaining to the development of the particular Province other than the National issues over which the Regional Governments have no constitutional authority. However, in case of conflicting decisions some mechanisms are included in the Constitution by way of incorporating the Second Chamber (the Senate) to monitor the activities of the both level of Governments. Further, an independent Judiciary is incorporated in the Constitution to settle any conflicting decisions that are detrimental to the public.
However, the local governments such as the Municipal and Town Councils and Pradeshya Sabhas can function within the Provinces which are responsible for creating local governments and setting out their basic frameworks. In addition for purpose of simplicity the country should be divided into Five Provinces and Colombo as the Capital with the Corporation Status under the direct rule of the Federal Government.
There are two divisions of jurisdiction and authority between the Federal Government and the Regional Governments. Briefly Federalism is the mechanism which allows nations to exist within a nation. However, in the United Kingdom which is a Unitary Government, have passed some Devolution Acts for Scotland, Northern Ireland and Wales to attend to their regional matters while maintaining the legislative supremacy of the Parliament.
Working system of Federalism
A more wider participation is seen in Federalism where intergovernmental relations are characterized by a day-to-day communications between personnel from different governments. This is evidenced when the politicians and the government servants discuss with their counterparts to exchange ideas and information and coordinate their activities and thus promoting governmental interdependence.
Such exchange of ideas and coordination of activities is lacking especially in countries like Sri Lanka where politicians are corrupted by their supporters especially in the field of taxation, assignment of major projects, allocation of funds, etc. In Sri Lanka politicians are only interested in receiving commissions from major projects and the expectations of the public are neglected, resulting in strikes, imprisonment under false charges and murders. Wider participation in the administration in a Unitary country like Sri Lanka is denied on the pretext of legislative supremacy of the Parliament.
The most appreciating factor of Federalism is that recognizes different types of political issue with the creation of regular departments of intergovernmental affairs which should be financed by the Minister who also has a place in the Cabinet. Such departments have their responsibility to communicate with other Regional Governments and comply with the Guidelines or directions in the best interests of the public. But in some developing Unitary State of Sri Lanka, the Central Government places restrictions in order to conceal the corruption of the Ministers and their supporters. Had there been a federal system such malpractices would not occur because power would be dispersed and coordinated and federalism is seen as a means of protecting pluralism. Even the rights of the individual is protected against powerful government. Federalism is not separation of a country but coordination (binding together) between Provinces. Such decentralization of power and coordination within the States and with the Federal Government would have definitely avoided the current bloodshed.
However in the United Kingdom the issue of Federalism will not crop up because there are special Acts for Devolution for Scotland, Wales and Northern Ireland giving sufficient powers in their respective Parliaments to attend to their needs and in my view this is marked shift from the concept of a Unitary character.
Unity in diversity
The vibrant feature of Federalism is there is unity in diversity by sharing information. The interaction of the Chief Ministers of each Region or Province with the Federal Prime Minister and Chairman of the Senate by way of Conferences in an atmosphere of brotherhood and friendship to thrash out the National issues should be held annually which will pave way for strengthening the unity of the country. Similarly the cabinet of every Region or Provinces together with the Departmental Heads should also have conferences in an atmosphere of brotherhood and friendship to discuss and exchange intergovernmental issues and businesses for the betterment of their respective people. It is through such measures the Federal or the Central Government can listen to the aspirations of the people of each Region or Province and take adequate measures. The Regions or the Provinces should be given wider authority to attend to specific areas such as Health Insurance, Pension Scheme for Seniors and the disabled, Students, Education, Language, Transport, Police (to maintain law and order), Orphans, Taxation, etc. Sri Lankans (Sinhalese, Tamils & Muslims) would not have imagined such benefits arising out of such federal structure. Had this structure been in Sri Lanka, funds such as Tsunami Fund, etc., would not have been swindled by unscrupulous politicians. It is this structure that stimulates the confident building measure and enforces the concept of binding together firmly. Federalism is a way of life.
If such a measure can be adapted, the question of increasing the number of Representatives in the Parliament and the Ministers in the Cabinet in Sri Lanka becomes meaningless. It is really ridiculous and utter waste of money. It is no excuse to say that Federalism is unacceptable. It is the moral duty of every educated persons and politicians to inform the public the benefits of Federalism which is suitable in a multi-racial country or the people should be vigilant to look at the benefits of Federalism by reading materials at the libraries. Sri Lankan politicians are the root cause for misleading the people giving a false picture of Federalism and their allegations that Federalism leads to separation are absolutely baseless and without any foundation. Really Federalism leads to a better tomorrow in a multi-racial country.
Having known that the relations between the Provinces should be conducted under the Rule of Law, the issue before the Sri Lankans is, whether the conflicts should be resolved peaceful means or through war. The choice is whether Sri Lankans want Federalism which resolves through peaceful means or Unitary which resolves through coercion of war.
10 Comments
Well written. This is what the Tamils were mediating with the changing SL governments for over 20 years.
The formation of LTTE came as a result of repeated failures by the different SL governments, to enact the agreements reached at the end of each election.
How much developed and forward the country would have been if there was a federal constitution formed in the fifties or earlier.
Corruption would have been almost absent - probably for this reason the present form of government continues! Politicians are politicians and look forward to another tsunami!
If Rajapaksa won't even allow the North and East to be merged, then there is no chance for a Federal solution.
If the Tigers didn't settle for a power sharing solution in the 2002 CFA talks, then it should be very clear that their intention is to achieve nothing less than a confederate solution (probably as a platform for Eelam) or ideally a sovereign state.
And there is a legitimate threat that the Tigers will use a Federal solution, to consolidate their power and build the Eelam identity. Then a few years later, the Tigers will declare independence. That could happen.
For example, the Tigers would love to have a federal solution, with the provision that after a few years the Tigers are allowed to conduct a referendum in the Northeast on whether or not to secede from Sri Lanka.
And the Tigers are never going to disarm, which further complicates matters.
I like your way of thinking. But at the moment, it is too idealistic given the present leadership on both sides.
Also, I hate to say it. But it is not in the Tiger's self interest to disarm and settle for a power sharing solution on behalf of the SL Tamils. It is in the Tiger's self interest to establish a sovereign state, (in which the Tigers rule and own all resources).
And the Rajapaksa government survives and depends on Sinhala nationalism. The JVP and JHU, members of his ruling coalition, would never allow him to offer a federal solution.
In conclusion: in the present environment, a federal solution will not happen.
Tamil kings ruled the North East(NE) when western colonisation commenced in the island. The last Kandyan king was a Tamil and the surrender document to the British was signed in Tamil. When Marco Polo visited the island he found a Tamil king named Sandanam ruling the entire island. Therefore, Tamils have a right on the entire island. Such historical truth is never imparted to the present Sinhalese.
Champika Ranawaka, a JHU member and a cabinet minister in the government of Sri Lanka(GOSL), said in an interview a few days ago, that Sri Lanka(SL) belongs to the Sinhalese and the others must live out of compassion of the Sinhalese. Existing ethnic "master-slave" culture and state policy of it became confirmed with his statement. May be, soon another cabinet minister may admit Tamil genocide too.
Consciously expressing his ethnic arrogance, Ranawaka also said that in Sri Lankan democracy, the Sinhalese are a majority and would decide what rights to grant to the Tamils.
Democracy is about equality, freedom, justice and human rights for all. It is not about majority and minority ethnicity or religion.
Those from gutters, receiving gutter education, in schools like Nalanda and Ananda, in gutter language, can only talk gutter politics. Probably, Ranawaka was taught unscientific Sinhala mythology as history and was made to believe that Vijaya mated with a female lion to produce his forefathers ! Many UPFA and JVP men in the parliament are "gutter men" leading the country to gutters.
One thing is clear, and that is, the Sinhalese intent from 1956 was to educate their children with such anti Tamil untruth with the intent to commit the crime of Tamil genocide.
In Darfur and Sarajevo, forced ethnic evictions were named as acts of genocide. Ethnic Tamil inhabitants who lived for many centuries in Kantalai, Amparai, Welioya, Padawiya, Medawachchiya, Polonnaruwa, Anuradhapura and other places were forcefully evicted by the state to be colonised by Sinhalese from the South.
Mass ethnic evictions by any state is internationally recognised as a genocidal act.
Genocide is an intention to exterminate, either partly or fully, a people of either an ethnic or religious group. The present war in the NE is a genocidal war. The intention was sown through education, ethnic evictions and anti Tamil violence over a period of years.
"war on terrorism" and "war to liberate NE" are camoflagues to dupe the world and distort from the reality of the present genocidal war. "war on Afghanistan, Pakistan and Iraq are not being carried out with genocidal acts as seen in SL.
Presently, Sinhalese mothers are crying for their dead and maimed sons who served in the army. Time may soon be coming, when Sinhalese mothers would cry for their handcuffed and jailed sons, who are now serving in the army committing genocide and those in the GOSL who ordered or incited this crime against humanity.
Genocide of Jews was also a reason for the creation of the state of Israel in 1948. Tamil genocide would also be a reason to create an independent state of Tamil Eelam.
This is a very nice presentation of the federal concept,which I believe would open the eyes of the politicians who adamantly cling to the unitary concept in a multi-racial and multi-lingual country.The irony is that most of the politicians in the country are interested in capturing political power to entrench themselves.
I think Murugan makes a few good points there. If you are Tamil and want Federal, its best to have a dialogue with LTTE. No one else in a better position than them. Federal in exchange for guns.
Under Mahinda bros, Fonsekas & co - JVP - JHU regime,you will get nothing as a self respecting freedom loving Tamil Mr. A.Rajasingham. There is no homeland for you.
Bogollagama has empahazised that according to his master Mahinda's Chinthanaya there is no ethinic issue in Srilanka and only a terrorist problem. The war is a new approach. Please refer to the lankaeverthing news item below.
This reminds me of my primary school days during sathyagraha in Jaffna, when the Sinhala nation and its leadership wanted to crush the Federal Party which was agitating for justice through peaceful means. The Sinhala leadership unleashed the terror on the Tamil civilians through the predominatly Sinhalese army and achieved temporoary success. Immediately After 1969 GE, SJVC was disillusioned and said only God can save the Tamils. Sinhala nation became more harsher and introduced the 1972 constituion. Still Tamils yearned for justice and continue voted for FP & TULF. Who ever among the Tamils thought ( ofcourse on the contrary the Sinhalese leadership had the the strategic plans eg: like NQ Dias ) there will emerge stronger leadership for Tamils from the Tamil youths in the 1980s.
If the Sinhala Nation's strategy to impose their solution after winning this war succeeds there will never be peace because much more powerful youths will emerge to fight for freedom,justice & equality through independnece.
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http://www.lankaeverything.com/vinews/politics/20081024070347.php
No ethnic issue in Sri Lanka, This is a new approach says Foreign Minister
24-10-2008
Foreign Minister Rohitha Bogollagama emphasized that Sri Lanka had no ethnic problem or conflict in response to a query by media at the cabinet press briefing . Explaining the government stance on the attitudes of India (and Tamil Nadu) and the statement made by Tamil Nadu Chief Minister M. Karunanidhi on October 20 stressing that there is an ethnic conflict in Sri Lanka, the Foreign Minister said that Sri Lanka has only a war against terror.
A journalist then asked if the Foreign Minister was not giving a wrong signal to India by stating so in a time the President and other Ministers were stating that an All Party Conference was summoned to seek solutions for the ethnic problem of the country.
The Foreign Minister further challenged to show if there is a statement made by the President stating that there is an ethnic problem in the country. Stressing that the President had never stated that there is an ethnic problem in the country, the Foreign Minister said that it was the common stand of the government.
When asked why then the government led by President Mahinda Rajapakse went for three peace talks in Oslo and Geneva, the Minister smilingly said that this is a new approach.
However, the President had mentioned in his Mahinda Chinthana manifesto that the aim of his government is to follow a peaceful settlement for the ethnic problem of the country in an undivided nation.
Although I go further than federalism, this is a good article addressing many concerns of a polity in general. My solutions and arguments tend to get c******d by everyone, that includes the comments. Doesn't get published. Don't know why! But, on the whole it is pretty obvious that there is an attempt at imposing a Chechnya type of solution, which is obviously genocidal. As the comment above rightly points out it is this genocidal war that is going to lead to Kosovo type of solution - which is indeed independent Thamil Eelam!
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ISGA is the best readily available package as a starting point.
:)
Murugan's contribution was the best. There will be no federalism because the LTTE is against federalism and will take violent measures to make it not work. For SL to have federalism, the LTTE has to leave the scene first.
It is clear but for the Federal option there is no way out for this "fractured" country except disintegration. Considering the term
"Federal" is anathema to Sinhala ears the way out, methinks, is to abolish the PC system in the rest of the country and allow PC's to function only in the North-East with the Centre to control Defence, Finance and the Judiciary as in Federal States everywhere. Around 1/3rd of the National Budget
should be unambiguously directed by Parliament to the development of the North-East - as a condition. It may be remembered JRJ
thought he was being extra-smart in agreeing to DC/RC Councils while deliberately starving them of funds in the hope the scheme fails. It did. PC's in the rest of the country, in the view of almost everyone, are very expensive White Elephants duplicating and
complicating administration that was smooth under the earlier TC, UC systems. PC's seem to be functional only for the issue of luxury car permits (that are sold openly to racketeers)and for useless overseas trips of these Councillors. The saving thus itself can finance part of infrastructure development in the North East.
With the hoped return of normalcy and sustainable peaceful conditions under the proposed system many thousands Tamils living in camps in India, in hovels in the rest of the world are likely to return and restore the ethnic balance now distorted - particularly in the Eastern Province - to its real levels. This is going to be next time-bomb unless handled efficiently soon. Naturally, much political and moral resolve is necessary in this regard. The question is whether the politically strong Buddhist hierarchy, the Sinhala supremacists and the extreme buddhist elements in the Army will allow the Govt to resort to this only single formula to save the country.