APRC Under Pressure to Propose 13th Amendment Plus as Interim Solution
By D.B.S. Jeyaraj
Much maligned and mis – understood in recent times , the All Party Representative Committee (APRC) continues to forge ahead with its task of drafting a comprehensive scheme of Constitutional reform that would provide maximum power sharing between centre and periphery.
Despite the disinformation and misinformation being dished out the APRC chaired by the indefatigable Samasamaajist Tissa Vitarana has quietly progressed and is on the verge of completing its mission .
[Prof. Tissa Vitarana]
It has been constrained by the insistence of President Mahinda Rajapakse that all Constitutional reform should be under the framework of a Unitary Constitution. Though unsatisfactory to most parties at the APRC the participants have adopted a pragmatic approach towards the issue.
Apparently the APRC will draw up a scheme providing maximum devolution to the Provinces but within a unitary Constitution. The substance of devolution would be of a quasi – federal nature but within a Unitary Constitution. This to some extent is a contradiction in terms.
It is the considered opinion of this columnist that the best and most durable solution for a united Sri Lanka can only be evolved through principles of the federal idea. Nevertheless current realities suggest that such an option is not viable at this juncture.
The refusal of the Sri Lanka Freedom Party (SLFP)to climb down from its unitary stance and the reluctance of the United National Party (UNP) to participate constructively at the APRC has weakened proponents of the federal idea.
The minority community parties and the leftists have been unable to assert themselves powerfully in a situation where the two chief parties took up different positions. The fact that these parties are members of the Rajapakse Government has diluted their independence greatly
In spite of these adverse circumstances the APRC has made commendable progress in evolving a scheme of power sharing. Although the draft is yet to be finalised this columnist opines that it is significantly far – reaching in content.
It appears that this APRC draft is way above the present scheme of devolution under the 13th amendment. It is also a vast improvement on the 2000 draft bill formulated by the Chandrika Kumaratunga Government. However the power sharing scheme suggested in this draft is “lower” than what was proposed in the GL Peiris – Neelan Tiruchelvam package.
The inherent weakness of the APRC is that the man who convened it is against the federal idea. President Mahinda Rajapakse appointed the APRC and stated that he will implement its decision. But when he found it was going to formulate power sharing based on the federal idea , Rajapakse became the biggest obstacle to the APRC’s success.
It became crystal clear that the President wanted the unit of devolution to be the district. It was only International pressure that compelled him to endorse the Province as the unit.
It was ironic to see the APRC working at cross purposes with that of the President. There was an undeclared cold war within the APRC between hawks and doves on power sharing issues.
Despite Presidential pressures the APRC under Prof. Vitarana has progressed immensely. If the UNP did not shirk its responsibility and had participated constructively in the APRC much more could have been achieved.
Still the APRC has done well!
Two meetings of the APRC are scheduled for Jan 7th and 8th. Thereafter the APRC members will meet President Rajapakse , either on the 9th or 11th of January. On the 12th the members will fly to Britain for a study tour of power sharing schemes in Scotland , Wales and Northern Ireland.
The APRC will also be taking their draft with them to Britain. Utilising the wisdom gained in Britain the APRC will meet on the 20th and 21st at a British venue and fine tune the draft.
After returning to Sri Lanka and formally finalising the draft into a report they would present it to President Rajapakse. If all goes well D – day for the APRC report will be Jan 25th.
There is however a very big doubt!
What is President Rajapakse’s response going to be to the APRC product?
This question assumes tremendous importance in view of what the President wants from the APRC. If Eelam Peoples Democratic Party (EPDP) leader and Social Services Minister Douglas Devananda is to be believed the President only wants powers under the 13th amendment to be enhanced.
Many APRC participants were in for a shock on December 17th when Devananda addressed them. Devananda told the APRC that there was no point in formulating an elaborate scheme as it required a two – thirds majority in Parliament. Since the Govt did not enjoy such a majority it was not practical , Devananda said to draft a new scheme.
The pragmatic approach he said would be to go along with the existing devolution provided under the 13th amendment. Presenting his three – stage formula , Devananda suggested that powers under the 13th amendment could be upgraded without a two – thirds majority.
For this, Devananda wanted Interim Administrative Councils to be appointed for the Northern and Eastern Provinces. The interim councils will have five members each. There will be another committee to co-ordinate activity between both provinces. There will also be a panel of experts to advise the interim councils.
What really upset the APRC was Devananda’s request that the APRC abandon the power sharing draft it was working on and approve the interim admnistration idea with 13th amendment plus powers as the APRC proposal.
There was no point in formulating a scheme that needed two – thirds majority in Parliament he said. So the APRC should recommend 13th amendment plus , Devananda argued.
Predictably Jathika Hela Urumaya (JHU) Representative Udaya Gammanpila was in support of Devananda but many others disagreed.
Ceylon Workers Congress Representative R. Yogarajan voiced the sentiments of the majority in the APRC when he said that the perceived lack of two – thirds majority was not an issue. “If a good scheme of power sharing is evolved the UNP could support it” he pointed out.
International opinion was strongly behind the APRC and therefore a bi – partisan consensus was quite possible. If the SLFP and UNP acted together two – thirds majority was possible with the aid of Tamil and Muslim parties , he pointed out.
Devananda then changed track and said that India was strongly supportive of 13th amendment plus as a solution. New Delhi also wanted interim administrations to be set up he said.
Devananda’s puerile attempt to mislead the APRC was effectively countered by the chairman. Prof.Vitarana pointed out that India viewed both issues as separate matters. The 13th amendment was already in existence. It was up to the Sri Lankan Government to upgrade it and implement it .
The search for greater power sharing and the elusive Southern consensus was a different issue. Those efforts should continue regardless of the 13th amendment. Proposals for 13th amendment plus or interim adiministrations cannot be a substitute for meaningful Constitution reform. One need not hinder the other .
It was then that Devananda dropped his bombshell. “His excellency the President wants the APRC to adopt 13th amendment plus as the interim solution and present it as the APRC report” the EPDP leader said.
When APRC members observed that President Rajapakse had not indicated anything of the sort to them , Devananda said that the “His excellency” had asked him to convey this message to the APRC when he met “His excellency” the day before yesterday (Dec 15th).
Several APRC members were upset at this. Exchanging “off the record” comments among themselves the delegates noted that the Janatha Vimukthi Peramuna (JVP) had “saved” the Government on Dec 14th by abstaining on the budget vote.
Since the JVP wanted the APRC dissolved many members felt that the President had arrived at this decision as part of the alleged “deal” with the Crimson comrades.
What Devananda was telling the APRC was that the President wanted it to commit “hara – kiri” in Samurai style. In LTTE parlance he wanted the APRC to “Kuppiyadi” or swallow a cynaide capsule.
Prof. Vitarana then said that the APRC was scheduled to meet with the President soon and will discuss the issue with him then. When Devananda mooted the interim administration proposal to be endorsed by the APRC , Vitarana pointed out that it could be set up under existing laws and that it need not go through the APRC.
Two weeks later on Dec 31st the Peace secretariat released a statement from Vitarana as a communique .It is reproduced below
“The APRC discussed a proposal regarding the implementation of an interim solution to the situation in the North and East presented by the EPDP leader, Hon. Douglas Devananda, at its meeting on 17th December 2007. It was the opinion of the APRC members that the setting up of an Interim Administration could be done within the terms of the present Constitution and there was no need for the APRC to be involved in the matter. The APRC decided to continue its mandated task as speedily as possible.
In addition the APRC members generally agreed to a suggestion that local government and provincial council elections should be held in the East and North as early as is feasible.
Prof. T. Vitarana
Chairman – APRC
It is surmised that Prof. Vitarana would not have issued such a statement without consulting the President. The APRC members will however get an opportunity to clarify matters from the President himself when they meet him this week.
Devananda continued with his efforts to “sell” the interim administration when he met the Mahanayake Theros of the Asgiriya and Malwatte chapters. He sought their blessings for the interim administration scheme. Later he met some Hindu priests in this regard also.
Douglas Devananda is aggressively pursuing the objective of setting up two interim administrative councils for the North and East. The hitch is that he wants to head both administrations as well as retain his cabinet portfolio.
Since he is part of a Government that is delegating its powers to an interim body Devananda cannot be part of both. There is a conflict of interests in this and is in a way “anti – Constitutional”.
Devananda explains this by saying that to develop the provinces, effort is needed at the central and regional level. He compares it to the Up – Country trains of old where one engine “pulled” at the front and another “pushed” at the back. Likewise one has to pull at the periphery and push at the centre he says.
An apt comparison indeed but the problem is Devananda wants to do both the pulling and pushing! That’s impossible.
The underlying motive behind the EPDP leader’s quest for an interim structure is to quench his thirst for power. If Prabakharan wants to be the “sole” representative, Devananda wants to be “sole” alternative. In that they are mirror images of each other.
If Devananda cannot get anything for himself through a project he would sabotage it if possible. In this he is like the LTTE leader.
It was Devananda who sabotaged the Interim administration scheme during Kumaratunga’s time because he could not be head of it. It appears that history may repeat itself.
This columnist wrote about Devananda’s desire to project 13th amendment plus as a “solution” almost a year ago in another newspaper. Much of what was written then is applicable in the current context also.
Let me conclude then with excerpts from that article -
” While Anandasangaree plays unwittingly into Rajapakse’s hands , the EPDP’s Douglas Devananda is wittingly becoming a cat’s paw in Rajapakse’s hands. Apart from actively collaborating in acts of state terror, Devananda is also involved in helping Rajapakse to sell a political dummy to the Tamils.
Devananda has been talking much of his earlier three – stage scheme of 13th amendment plus. This is music to Mahinda’s ears. What Rajapakse hopes to present as “political solution” is nothing more than the 13th amendment with modifications. Douglas “Malli” is helping Mahinda “Aiya” by harking back to the 13th amendment again.
Devananda has conveniently forgotten the background to this three – stage scheme. Actually this proposal was not that of Devananda’s but his erstwhile political adviser Dr. K. Vigneswaran. It was this former secretary of the North – Eastern provincial council who came up with this suggestion in the late nineties.
Chandrika Kumaratunga was President then and the war with the LTTE was raging. The people of the North – East needed some regional administrative set – up with political leadership . The practical alternative was to work the defunct N- E provincial council and enhance powers under the 13th amendment.It was for this that the three – stage formula was proposed.
The first stage was to set up an interim administrative council for the North – East. The representation in the Council was to be of the same proportions that North – Eastern political parties were represented in Parliament. Since the EPDP held nine seats out of the total thirty – one the party was to get the most representatives as well as the interim chairman post.
The second stage was to enhance devolution . The idea was to do away with the concurrent list in keeping with the Mangala Moonesinghe report. This would give greater powers to the periphery. Sec 154 (G) enables greater powers being given to the Provincial councils by legislative amendments through simple majority. All Provincial Councils should pass legislation to that effect in their respective councils. If all PC’s were united in this then Parliament too could pass legislation through simple majority.
The third stage was implementing enhanced devolution through an interm council for the N- E while the overall search for a political solution continued. The rationale was that the absence of a political solution should not prevent the North – Eastern people from enjoying the benefits of devolution.
Kumaratunga was very sympathetic towards the idea and even gazetted provisions for a N- E interim council. Since the UNP and SLFP had agreed during the Mangala Moonesinghe committee sittings to do away with the concurrent list thre was no hitch to enhanced devolution. Besides the Peoples Alliance controlled all Provincial Councils then. The N- E would have the interim body. All councils were expected to support greater powers for themselves.
[Douglas Devanananda]
Everything was hunky – dory but nothing positive happened. Why? The cause was none other than Devananda – who in the words of the late Kethesh Loganathan – fancied himself as the sole alternative to Velupillai Prabakharan the so called sole representative. When Kumaratunga wanted names from the EPDP for the interim council Douglas wanted to head it himself. Kumaratunga disagreed as he was then a MP. But Douglas wanted both posts and refused to budge. So the project was shelved.
Now the very same man who killed the idea then is reviving the 13th amendment plus project. It is seemingly at the behest of Mahinda.
The 13th amendment plus proposal was thought of at a particular time under different circumstances. Much water has flowed down the Mahaweli, Kelani, Aruvi and Verugal rivers since then.
DBS Jeyaraj can be contacted on: djeyaraj@federalidea.com
ratna said,
January 5, 2008 @ 8:59 pm
Mr.Devananda is a very talented man. He is always with the ruling party (UNP or SLFP) as a minister and has people under him to do dirty works, and still shake hands with Indian PM. He staged so many attacks against himself to show that he is the number 1 on Ltte’s hit list.
He may be a close friend of Mahinda, but the real leader of Lanka is ………. and even Mahinda cannot help him on this.
I hope Mr.Devananda look at what happened to the real liberator of east ‘Karuna’.
Ranjan said,
January 5, 2008 @ 11:08 pm
thank You DBS for giving us the inside story of whats going on in the APRC. Douglas trying to promote his power hunger into APRC must not be allowed
Alex said,
January 5, 2008 @ 11:10 pm
You are right in comparing Douglas with Pirapaharan. One wants to be sole representative of Tamils. Other want to be sole alternative. Poor Tamils!
Kumaran said,
January 6, 2008 @ 12:16 am
I wonder why LTTE always trying to kill Douglas! I can’t believe this guy is minister in the government after committing all kind of murders in Jaffna and in Colombo. DBS, shame on you for compairing Piraba to DD.
Esta said,
January 6, 2008 @ 12:23 am
The pressure is all the more with the abrogation of CFA unilaterally by the GOSL.
GOSL via APRC has to come up with the goods and I believe, Mr.Anadasangree and Devnand has worked out the modalities of implementation of 13th amendments and a quasi -federal North-Eastern council.
It will drag on as ever and implementation would be at snail pace until, they get rid of devnanda and the Indian Influence in the solution.
It’s the Indians who are ready to step in and undertake peace settlement once, the current stage war and annihilation of LTTE is complete. Indians are ready to send troops once again if JVP starts another violent power grab when the 13th Amendement and North-Eastern council comes into operation. Time will tell.!!
Esta said,
January 6, 2008 @ 12:26 am
douglas is Demi-God for Tamils of Sri Lanka.
soon he will be the king of the North-East.
spy said,
January 6, 2008 @ 2:23 am
i’ve skipped your column..
you are talking two stupid supermost rubbish in the country,douglas&tissa.take care
mohan said,
January 6, 2008 @ 3:05 am
DBS – Thanks for bringing out the murky and greedy ways of Douglas Devananda. Frankly, as you point out both he and Mr. Anandasangaree have become the appologists for the Rajapakase regime, and lost all credibility to be called Tamil leaders.
Veera said,
January 6, 2008 @ 4:15 am
o Some feel that creation of a Tamil Federal state or a Scottish style Tamil Parliament will bring peace; this solution will not work, because this type of political system to work, the central government should be trust worthy and Tamils have no trust in Sinhalese central government or Sinhalese politicians. They cannot be trusted, because Sri Lankan army, police and state machinery is one hundred percent Sinhalese.
o The only option for Tamils to fight Sinhalese state terrorism is to create their own state which existed before Portugese, Dutch and British came to Colonise Ceylon-Sri Lanka.
o WITH OUT A TAMIL ARMY TAMILS HAVE NOTHING ‘POLITICAL POWER GROWS OUT OF BARREL OF GUN – ARMY IS HE CHIFE COMPONENT OF STATE POWER’
o The ‘Tigers’ control their own territory and run it like a totalitarian dictatorship now, after winning an independent state for Tamils, they have to grant democracy to all people, otherwise Tamil people will revolt
o Tamil Army is a militant army with a cause, to disarm them is impossible and no army can fight them forever.
o The ‘war on terror after 9/11′ has been used by Sri Lankan States (past & present) to suppress Tamils and opposition descendants and get plenty of foreign aid from US, Canada, Australia, Pakistan, China and Israel. Tamils and their Tamil Army are not terrorist, but freedom fighters. The Sinhalese and International media describes the entire Tamil people as terrorist and remain silent about Sri Lanka state terrorism for the benefit of their Geopolitical agendas.
o Regardless of whether the war in Sri Lanka is recognized as a war of national liberation in the exercise of the right to self-determination or a civil war, support for the LTTE from the Tamil people cannot be criminalise. The Tamil people, whether in Sri Lanka or elsewhere, have the right to freedom of opinion and belief, the right to freedom of expression and the right to support political parties or groups of their own choosing.
o FIGHTING FOR SURVIVAL IS A FUNDAMENTAL HUMAN RIGHT.
Dr KC said,
January 6, 2008 @ 7:32 am
I do not believe the GOSL will ever permit the smooth running of the devolved regional/provincial govt in the Northeast.
There are reliable reports that the GOSL is applying tremendous pressure on Vitarana to incorporate robust clauses in his proposal to dissolve the regional/provincial govt if and when the central govt feels that the regional/provincial govt is acting against the spirit of unitary governance of Sri Lanka. That means the centre will sack the regional/provincial govt at the drop of a hat!!
I believe that any agreement on political solution should be underwritten by the international community and particularly India.
I urge the LTTE to think about unthinkable deed: Please surrender VP & PA to India and face their charges for a deal for SL Tamils. Only India can stop the massive bloodbath in the Vanni in the coming months. My thoughts are with over 4000 young men and women young cadres in their tender age who are stationed in the Vanni at present; because of the blunders of their leaders, they should not be exposed and vulnerable.
Admitting past mistakes even at the eleventh hour could only be interpreted as a sign of wisdom not weakness.
Will common sense prevail?
ilaya seran senguttuvan said,
January 6, 2008 @ 10:30 am
Although Dr NM’s nephew is trying to atone the LSSP perfidy against their Tamil comrades via the about turn when they threw long-held political principles to the wind and joined Sirimavo’s Coalition Govt of 1970, the good Professor’s sincere efforts will fail – or better still, will be engineered by the neo-nationalists within the govt to fail. The Jaffna academicia provided the LSSP with much brains and talent until this great
betrayal of Colvin who not only mischievously and unncessarily thrust the “Unitary” feature in the 1972 Constitution but also insensitively removed the safety clause of 29C – so carefully engraved by Jennings – who saw through that Sinhala supremacy will rise and try to bring the Tamils under their iron heel. But such a healing effort as the APRC under Vitharna – is
a laudable, though much belated effort, to bring the Tamil community within the Lankan family fold. But to carry this thru one needs much more than the good intention of the Leftist Professori. One needs strong, sincere, unwavering, statesman-like leadership at the top to sell this to the Sinhala extremists – both lay and cleric. By jove! what do we have here at the top? So its one more addition to the long list of failed efforts to re-stitch the torn Society-State. It is not only the Tamils who will cry for thee Lankamatha – in the turbulent times ahead.
2ndClassTamil said,
January 6, 2008 @ 5:46 pm
A post-mature ‘devolution baby’ is expected in the Royal family. Scanning (ultrasound) by DBS has indicated that it will not be a normal delivery. A breach presentation is observed and external manipulation of the baby at this stage is deemed to be risky. Other expert consultants foresee a forceps delivery or indeed a Lower segment Caesarean section. But they are all agreed that it is a serious emergency. Much speculation surrounds whether it will be a live birth or stillbirth.
The timing of this conception has raised serious concerns amongst the subjects who are wondering as to the motives behind it. Was it genuinely for the prosperous and glorious continuation of the monarchy or was it to serve as a new totem pole for the sinister machinations of the realm?
The abrogation of the CFA may have much to do with the ‘devolution baby’ of the APRC.
Why did they have to abrogate the CFA? After all it was only on paper and nobody gave two hoots about it. That’s the way govt wanted to keep it too. So, in the ‘any other business’ part of the cabinet meeting, the decision was made with little ado, belying the gravity of the decision.
What we have not realised is that this enables the govt to get rid of SLMM who are the only source of credible information to the outside world as to the happenings in the North-East. The happenings in the N-E as any keen observer will know is unprintable; in terms on human rights violation, killing, abductions, disappearances rape etc. The open prison cut off from the outside world physically and by any form of media has already been described by people in the know as a killing field for the genocide of Tamils. So once the SLMM leaves, all other INGOs will naturally leave because of security concerns or be forced to leave, clearing the killing field for unrestrained activity. Is this not the thinking behind the abrogation of the CFA? No no no would cry the chauvinists. If Iqbal Athas is scarred to freely express his thoughts from Colombo (Sunday Times of 05/01/08), imagine the plight of the N-E citizens.
So who will be the first to grumble about this? Not the Tamils. To them, there will be more excesses that will be ignored as usual by the IC, and they will take it in their chin and fight it on their own even though their hands are tied behind their back by the unfair proscription.
It is the IC, which will shout facing a news blackout when their information highway through the INGOs is closed. The lights are off in the North literally too.
But there is another point too. If so far the world has not pointed a finger at the IC for the deliberately underreported genocide of the Tamils, it will accuse them most certainly for aiding and abating in the genocide after January 16. That fear is probably why the whole IC without exception has voiced its concern over the annulment of the CFA.
The latest EDD (expected date of delivery) in January of the ‘devolution baby’ is to misguide the world again for the umpteenth time that the intension is pure and sincere. The simple question to ask is what is the need and what purpose would the ‘devolution baby’ achieve now in the midst of an escalating war.
Devolution? What devolution?
raj said,
January 6, 2008 @ 7:38 pm
We haven’t even gone thru the evolution phase of the human race in Sri Lanka. What are we going to understand about devolution ?
dias said,
January 6, 2008 @ 10:36 pm
Expect lot more agony – in the East, West, North, South and Center, and lot more bleeding before the national wounds could even begin to heal. The Sri Lankan nation is in for a very difficult period – irrespective of ethnicity, or religion — all will suffer. My only hope is that I am wrong.
Kumara said,
January 7, 2008 @ 1:44 am
You cannot spit in the face of India and the International Community on one hand and expect them to bring pressure on the SL Govt. while you have two convicted killers of Rajiv Gandhi at the helm of the the terrorist tiger LTTE. If Prabakaran and Pottu Amman surrender to India (better than being caught like Saddam Hussein in some rate hole by SL Govt. and given circus trial), then India and International Community will have some respect for Tamils. Right now, we are becoming reknowned as double talking, double dealing thieves, drug peddlers, and murderers.
For the greater good of the cause, it is some times necessary to sacrifice a few good men.
Sen said,
January 7, 2008 @ 1:50 am
Has All Parties in Sri Lankan Parliament got Representatives in the APRC? if yes, only it can be called as a APRC, otherwise it is a All Partners in a Racial Circus !
Esta said,
January 7, 2008 @ 6:50 am
EPDP got the work over from TMVP and TMVP going it alone in the upcoming eastern elections!!
CFA abrogation Banda-chelva pact abrogation, PTOMS abrogation, Indo-Lanka accord abrogation /non implementation, ISGA non discussion And still, EPDP/EPRLF/PLOTE/TMVP believe that Rajapakshe will give them everything on a gold platter!
Dream on Douglas/Pilayen!!
Karuna’s fate awaits Pillayen! The eastern elections winner will have innocent blood all over their hands.
All this while, EPDP combine had no problem conducting election and as soon as TMVP pulls out, it is not safe and have no conducive climate for elections to be held!
Hahahaa…!!
P.Nathan said,
January 7, 2008 @ 11:45 am
Devananda wishes to become governer of the northeast province via the thirteenth amendment.
If this happens, he will continue to live in another ‘bunker’ in trincomalee, as all his victims & their kith and kin will want to eliminate him.
Dayan Jayatilleka said,
January 8, 2008 @ 8:26 am
DBS Jeyaraj has long been established as the foremost commentator on Tamil affairs and I have read his columns with interest whenever I’ve had the chance. However I do believe that his main – and important – argument here is seriously flawed. He writes that “the 13th amendment plus proposal was thought of at a particular time under different circumstances. Much water has flowed down the Mahaweli, Kelani, Aruvi and Verugal rivers since then”. Very true, but the water has flowed backwards since then! The Tigers no longer run Jaffna, they have been dislodged from the East, India no longer hosts/helps the Eelam movement, 70, 000 Indian troops are no longer on Sri Lankan soil, Rajiv has been killed by Prabhakaran, Tamil nationalism has been weakened by the murder of Amir and the decimation of the TULF leadership by the Tigers, the de-merger has been legally effected, etc. The balance of forces and the flow of history provide no comfort for any effort beyond the 13th amendment, and puts even the 13th amendment at risk ( as we saw in May this year, on the issue of the unit of devolution). However highly one may think of federalism or quasi-federalism, ” the best must not be the enemy of the good” and politics must be recognised as ” the art of the possible”. What is possible today is the defence and sustenance of the 13th amendment, which entails full and immediate implementation (and thereby reactivation) of what’s left of the 13th amendment. Anything more ambitious, however desirable, will, sadly, face the parliamentary fate of the admirable August 2000 draft constitution.
S.S. Santhiran said,
January 8, 2008 @ 4:30 pm
Sinhala leaders and their diplomats should not forget that the Sinhala nation is only a secondary subject ,as the Tamil and Muslim communities in international law. They cannot exercise the state power to wipe out the Tamil nation. They have no right to grant or refuse the rights of others.The source of the rights of the Tamil nation is the regime of the UN. There is nothing to negotiate .Rights should be implemented as UN enforced in Kosovo. Tamil speaking people all over ,should request to resque the failed state and decolonise the islan of Ceylon duly and properly to rectify the British colonial wrong. All party approach is an out -dated mechanism.
Dayan Jayatilleka said,
January 9, 2008 @ 8:01 am
Dear Mr Santhiran,
Contrary to your understanding, according to the UN, Sri Lanka is a sovereign member state; the Tamils are a minority. As UN expert Asborn Aide pointed out, the Tamils as a national minority, do not enjoy the sovereign right of self determination, except in the limited sense of some form of internal self rule. You may find this lamentable, but that is the factual position.
Sundaram said,
January 9, 2008 @ 8:14 am
RE Comment #10 by Dr KC,
I whole-heartedly agree that VP should surrender to India and face his charges for a deal to Srilankan Tamils. That should be done without any delay.
N said,
January 9, 2008 @ 5:42 pm
This issue has not been dealt with in a rational manner. I would advise nationalists on both sides not to incite war, and to get past this romantic notion of war that many of them carry. Sri Lankan people have been destroying themselves by electing and supporting racist and narrow minded leaders who only seek to advance their own political interests. Unfortunately Sri Lankans have been unable to solve this problem for 30 years through peace talks either, so there should be UN resolution forced on Sri Lanka, which allows the people of the Northeast to choose their own fate. A UN monitored and initiated referendum on the status of the Northeast province should be held, giving the people the choice between federation, separation, or the current unitary state. Although many may argue that this referendum will not bring peace because the LTTE will not disarm, if the people choose to stay with Sri Lanka they will loose their credibility not only among Tamils in Sri Lanka but also the influential Tamil diaspora. The lack of support from Tamils will be the only end of the LTTE. There is no military solution to this conflict, even if the government manages to eliminate the LTTE, the Tamil people will eventually revolt if their aspirations are not meet with another LTTE with a different name. The truth of the matter is that the LTTE is not the cause of this civil war it is a mere symptom and the current government’s total and blatant disregard for Tamil lives and aspirations is astonishing. This government has lost is credibility and it is unlikely future governments can act rationally by providing a political solution, so the people of the Northeast should choose their own fate in a UN referendum on their status. The outcome of such a referendum should be enforced on all parties. Nationalists have tried to solve this conflict for well over 20 years, its time for rationalists to act instead of bowing to the demands of nationalists, who have taken two glories societies to ignorance and war.
2ndClassTamil said,
January 10, 2008 @ 9:14 am
DBS Jeyaraj’s argument may be flawed as remarked by Dayan Jayatilleka #19, but his water flowing backwards is flawed too – from a hydraulic engineering point of view!
Water always flows from a higer level to a lower level – a known known as Rumsfeld would say. The only way it can be made to flow backwards is to oppose the flow with a powerful tidal current (as can be observed in estuaries during high tide. This effect is used in tidal power generation projects). But the effect, as it is an externally forced one, is transient, unnatural and unsustainable.
Rivers always discharge to the sea because of the difference of level. And so, Tamil nationalism will reach its goal because of the deficit of justice – despite temporary setbacks of tidal proportions.
ilaya seran senguttuvan said,
January 10, 2008 @ 9:40 am
Dear Dayan:
The Tamils may be a national minority now but if Eelam was to come, they get their sovereign rights. By the way, were the views you hold in the matter now in that unholy company of “Carnival of Clowns” as someone chose to describe – the same when you were a Minister in that fire-breathing radical North East Govt in the company of such men as Varadaraj Perumal – prior to your going underground? And remember the new arrival in the world political scene so relevant to torn societies such as ours – R2P, of which GoSL is a signatory.
dayan jayatilleka said,
January 10, 2008 @ 12:47 pm
Dear Ilaya Seran Senguttuvan,
Surely the answer should be obvious! I supported the 13th amendment then, as I do now. It is under the 13th amendment that the North Eastern Provincial Council was set up, and both Vardhan and I assumed and held office! So how could I not support the 13th amendment then?
Your grasp of facts is as bad as your logic. I went underground BEFORE not after becoming a Minister in the NEPC. EPRLF founder-leader K Padhmanabha, Dayapala Thiranagama and I were among those indicted under the PTA and Emergency. I could not have been a Provincial Minister unless I had been amnestied.
You write ” if Eelam was to come”. But if Eelam were to come it would have come when India was supporting the cause/movement, or when the LTTE controllled Jaffna and the East. It didn’t then, and certainly won’t now.
Your understanding of R2P is hopelessly inaccurate. R2P gets activated only by the UN Security Council, and as you know, Russia and China will always support Sri Lanka, vetoing any move against us.
By the way, “carnival of clowns” is a phrase of Mr Anura Bandaranaike! For such a “carnival”, this Govt has not done too badly, liberating the East from the Tigers, eliminating their leading cadres and reducing their numbers daily.
S .Param said,
January 10, 2008 @ 2:38 pm
I donot think that the Tamil Nation never accepted the word minoritity. to describe them. we are a nation and lost our sovereignty during the colonial rule. Restoration is the only way for us to live with dignity. As there is no possibilities for internal self-determination , now the Tamil nation is in the second stage leading to external right to self-determination as a last resort and remedial means.
It is appropriate for the UN to consider the Kosovo model as a solution due to the fact the SL government treats the “minoritity” which was the colonial creation.
Quebec referral case outlines the entitlement and criteria for a state to claim the right to sovereignty and territorial integrity. In the light of the decision of the Supreme Court of Canada , SriLanka cannot be treated as juridical state which needs reconstruction under the international law and humanrights regimes as well as elimination of colonial errors. Is any one in SriLanka is ready to consider even self- rule , autonomy or federalism . I agree that All party approach will not work .
It will not accommadate the legitimate aspirations of Tamils which recognised by India , US, and Britain .
Jinapala said,
January 10, 2008 @ 2:39 pm
Unlike Kosovo the internatonal law is clear; The tamils and sinhlese have a very diffrent langauge and religion and culture. Both have majority in their respecive traditional areas and as such one majoirty cannot rule another majority..(99% sinhale army in tamil areas)
raj said,
January 10, 2008 @ 9:34 pm
Mr. Jayatillake, you are the permanent UN representative for Sri Lanka in Geneva ? Definition of liberation must be something different in the UN. Only the regime has changed in the East. Everything else is the same ie abductions, ransom, killing, etc. etc.
Ellalan said,
January 11, 2008 @ 1:26 pm
Douglas is doing the job for whoever is feeding him, its mahinda that now feeding him so he is doing what mahinda wants. it is unfortunate .
dayan jayatilleka said,
January 11, 2008 @ 2:33 pm
Dear Raj,
Your description of the East is very different to Special UN representative Walter Kaelin’s very recent description. And the definition of liberation does not include changing of existing national boundaries.
dear Param,
how can external self-determination, which did not work when the Eelam forces controlled two provinces, be relevant now when they control only two districts? Eelam exists and will exist for a while, only as a figment of the imagination of Diaspora Tamils.
Dear Second Class Tamil,
Tamil nationalism may indeed reach its goal, but that goal must and will be a reachable one, i.e. within the state boundaries of Sri Lanka.
Dr KC said,
January 12, 2008 @ 5:32 am
Dear Dayan Jayatilleka
Put your hand on your heart and tell me as to why the GOSL ruthlessly opposing the presence of UN human rights inspectors. What we are complaining is that the GOSL never seriously or sincerely investigated brutal and heinous violence against the Tamil speaking people (TSP) by the very law enforcing bodies. If the state is not capable of upholding this basic rule of law, how on earth you can expect the TPS to live without fear and resentment against the state?
What we are complaining is clearly echoed by Colonel Anil Athale (retd) and by the international community (at last) – please refer to Robert Blake’s recent speech on this subject in Colombo.
I appreciate your contribution to this debate on this forum but I am sorry to say you are hell bent on defending a sovereign state that is riddled with lawlessness and terrorising her very own citizens.
2ndClassTamil said,
January 14, 2008 @ 10:21 am
do you honestly think Sinhala goverment wants to give any rights to Tamils? You are kidding yourself DBS
Alex said,
January 15, 2008 @ 12:33 am
after reading all what dbs has been writing on aprc how can 2nd class tamil say dbs is kidding himsel? come on
pharoah said,
January 15, 2008 @ 12:35 am
If 2nd class Tamils silly question to DBS Jeyaraj is any indicator of his powers of comprehension then he is really 3rd class Tamil I think
Sheela said,
January 15, 2008 @ 12:37 am
Thank you so much Mr.Jeyaraj for regularky writing about APRC and informing us of whats happening there. I am afraid the gentleman who calls himself Second class Tamil has not grasped the underlying thread in all these articles.
Dr KC said,
January 15, 2008 @ 6:02 am
2ndClassTamil:
I do not believe the Sinhala govt will allow the Tamil Speaking People to live in peace and dignity in their homeland. I also do not believe VP’s strategy will bring any relief let alone liberation of the TPS.
Please remember an organisation that has been banned as a terrorist organisation near-globally cannot and will not liberate its people; the situation is further complicated by the fact that VP & PA – who still unethically lead the LTTE – are convicted murders of a popular and mainstream politician of a powerful democratic nation.
2ndClassTamil, therefore there is no point in blaming only the GOSL for our helpless position; to a great extent you should also blame the LTTE for the current calamity & catastrophe. Unless the LTTE realises its past blunders and take remedial measures it runs the risk of regressing – sadly that inevitable consequence has already set in motion.
nathan said,
January 15, 2008 @ 11:07 am
Dear Dr KC,
Alan Rock,Louise Arbour, John Holmes and Manfred Novak – all of the UNO and the BBC Channel 4 Team, have extensively reported on human rights violations by the SLGovrnment.
They were prevented from meeting the common people but persevered.
Sri Lanka NEEDS a UN Human Rights Mission.
All except the government agree.
You are asking Dayan Jayatillke to do something against his conscience.
He has to “toe the line” – else, he will be sacked.
2ndClassTamil said,
January 15, 2008 @ 8:15 pm
#33. Again somebody else writing under my pseudonym. Will be appreciated if they own up.
Dr KC said,
January 16, 2008 @ 6:12 am
Dear All
Both the GOSL & LTTE did overstep the legitimate scope of military operations and as a result of this, civilians in large numbers have perished. The debate of who killed how many civilians or who did the worst worm of sub-human act is an unhelpful and irrelevant exercise.
We should put violence behind us and look beyond the bombs and bullets to solve this problem that is eliminating young women and men in their tender age on both sides.
The presence of UN HR mission, in all the hot spots: both GOSL and LTTE controlled areas will go a long way to bring about the much needed normalcy in the island and then the peace talks can commence to find a political solution in earnest.
Those who oppose the presence of UN HR mission are only acting as a catalyst to the spiralling violence that we are witnessing with a very heavy heart.
ilaya seran senguttuvan said,
January 18, 2008 @ 10:42 am
Re. Dayan Jayatilake’s comments #26. “Dayan aroonta hondata
dunnalu ne” is the language of Mariakade that the boss used
in a post-Geneva matter recently. The language of the diplomat has to be much more refined, gentle and the man himself – instead of a sneer – is generally expected to have a courteous smile. The language diplomats are expected to use against detractors is such when they say “Go to Hell” in different words where the other guy is actually getting his bags/baggage ready to make the trip. No wonder credentials are refused to be accepted and the language of GoSL officials – as we learn from Geneva now – are officially objected to; an indignity our diplomats did not suffer earlier. But then that is the diplomaticy of our fine men of yore. In addition to using intemperate language you take the high-horse attitude declaring R2P will not work here because Russia/China will vetoe. In a meeting with Gareth Evans in the company of many others I
said it would be a shameful and sad day if once more foreign forces are to step into Lanka’s soil. It is the same belief such as yours that Saddam Hussein depended on and he is no more. And now Ahmadinajed, who is now retracting. The unipolar power structure today is not the same as the bi-polar world when the Soviet Union had muscle and so when Krushchev warned
Britain and France they backed out in invading the Suez Canal area in 1956. In the 1990s Russia was economically weak and at the latter stages even Putin did not stand up to the West.
It was only the unsocial and unfair jacking of Oil-Gas prices
that made the present Russia strong and so Putin flexed his muscles in Alaska hoisting the Russian flag and now is making his claim as a power. That ensured his victory and he remains in power. I have no problem here. I respect Putin as a nationalist. I certainly am not for a world dominated by the West. But this Vetoe business has its limitations and
the path of “the Coalition of the willing” showed that there are other routes in the world power scene. It is only a very few enjoying GoSL booty who will agree with your comments “the Govt has not done badly” and “liberating the East from the Tigers” The vast mass of the people paying Rs40 for bread that was Rs15 when Mahinda R took over; Petrol at Rs127 from Rs65 levels; Rice from Rs25 to Rs100 and
Coconuts from Rs12 to Rs40 will not agree with you. This Govt has reduced even the middle and upper middle class to near penury levels where they are now economising on their daily meals. This Govt is now bringing Sri lanka to Zimbabwe levels.
Neither will the people of the East who were in the clutches of the LTTE and Karuna’s goons now reduced to sub-human level by the armed forces. I certainly am aware Anura B is the author of the coinage “Carnival of Clowns” as much as he is an embodiment of the shameful culture of the new brand of politics that has contaminated the land. As much as those who preach Marx, Gramsci, Castro and then switch on to the other extreme and sing praises of Colombo’s one time underworld Don Sirisena C and that sort of motley crowd. As someone dryly said “With this team and with this Captain GoSL has’nt a hope in hell”