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by Col R Hariharan (retd)

Tweedledum and Tweedledee
Agreed to have a battle!
For Tweedledum said Tweedledee
Had spoiled his nice new rattle.

Just then flew down a monstrous crow,
As black as a tar-barrel!
Which frightened both the heroes so,
They quite forgot their quarrel.’ – Lewis Carroll, Through the Looking Glass

Sri Lanka is all set to implement the 13th Amendment of the Constitution in full as recommended by the All Party Representative Committee (APRC) “as a prelude to the APRC proposals.” This is what the APRC has recommended to President Rajapaksa in its interim proposal (given in appendix below). And the President wanted it to do so and it has done it. Driving the devolution ghost is as simple as that, it seems.

And the suggestion to implement to fully implement the 13th Amendment, that is celebrating its twentieth birthday, comes after the APRC had 63 sittings over a period of one and a half years! The action of the APRC reminds me of the Tamil proverb “Malayai kalli eliyai pidithan” (dug up the mountain to catch a mouse).

Had this action been taken in 1987-88 by the crafty Sri Lankan President JR Jayawardane who introduced the 13th amendmen, the country would have avoided bloodshed, acrimony and conflict that has dogged it for two decades. This was not done. So the price the nation has paid at the altar of political expedience, ethnic fanaticism, and religious and language frenzy is colossal. It can never be calculated in actual terms. Roughly it involved sacrificing the lives of over 80,000 people from Sri Lanka and India, displacement and dissipation of orderly lives of more than a million people, and destruction of billions of rupees of national wealth and private property or his.And the tragedy continues like serial killing.

But caught between the Tweedledum and Tweedledee of Sri Lanka politics national vision is yet to emerge as seen from the signatories of the APRC interim recommendations. The United National Party (UNP), and the Janatha Vimukthi Peramuna (JVP) – two of the three political parties that matter in resolving any complex national issue are absent among them, just as the Tamil National Alliance (TNA) – the conglomerate of erstwhile Tamil political foes of the Liberation Tigers of Tamil Eelam (LTTE) now toeing its line – which was never invited.

At least the JVP had been consistent in its opposition to the whole effort of the APRC. Both the UNP which was instrumental in pushing through the 13th amendment and the SLFP which had opposed it, had occupied the Temple Trees in the last two decades of war, mayhem and peace. But they did not care to implement it in full during their rule. So there are sufficient grounds for Tamils to ask the question “are the mainstream political parties of Sri Lanka genuine when they talk of devolution of powers to minorities?”

It is equally strange that President Rajapaksa now requires the APRC recommendation to take action on what is already in the statute books of the government. One cannot but agree with the views of Western Peoples Front (WPF) one of the smaller parties, on the whole charade of trying to delay devolution of powers using the APRC as an instrument to do the dirty deed. Questioning the need to reintroduce an already active legislative instrument, the press release, the WPF said: “13th amendment is already law. What is pending is the implementation of the same. Failure to implement what is already law is the sole business of the government. The All Party Conference and the APRC were formed to discuss and develop a set of new constitutional proposals addressing what is referred as the ethnic problem or the Tamil problem.”

However we cannot find fault with Tissa Vithrana, the chairman of the APRC, for this imbroglio because the good man is trying to shore up some positive action towards devolution as the APRC appears to be having an eternal dialogue rooted in rigid and frozen beliefs on what is good for Sri Lanka rather than what will save the country from further collapse, death and destruction. The sad thing is that the nation had not been able to use the services of a person of Vitharana’s calibre to work out a meaningful solution speedily. Pragmatism rather than political expediency or backroom deals is the need of the hour if Sri Lanka wants to have permanent peace. It has no other choice.

Sri Lanka appears to have gone into a time warp since 2005 as the President is setting the clock back on a whole lot of contentious issues that had settled on median of possible resolution. First he denounced the federal format agreed for resolving the conflict with the LTTE. Then he froze the peace process instead of resuscitating it with military offensives, and denounced the Norwegian mediation. He hastily broke up the united north eastern province created following the India-Sri Lanka agreement 1987 to meet one of the key demands of Tamils. And he heralded the New Year with a walk out of the ceasefire agreement to hammer the last nail on the coffin of the peace process 2002. So it is only logical to conclude that the President is buying time to delay the “final” devolution package, hopefully till the end of the year when he expects the security forces to “erase” the LTTE. Then he will be able to negotiate from a position of military and political superiority to make Tamils to accept his solution..

Unfortunately, the political situation in India leaves it no choice but to accept the face saving action on 13th Amendment that is coming 20 years too late. The acceptance of the APRC’s recommendations will enable India also to buy time politically before radically taking a re-look at the Sri Lanka policy more positively. By then India’s power structure and priorities might alter and India will also perhaps join this game of ‘back to the past’ rather than look to the future. Let us hope not.

Tamils of all hues must also share the blame for leaving it to a military machine like the LTTE to decide the fate of all Tamils. It has always put its own interests before considering what is good for the largest number of people. Now weakened politically and militarily, it is doubtful whether the LTTE, extant or extinct, can ever deliver devolution of power to the people. It has not been able devolve powers to its own flock all these years.

Instead of breast beating and despairing with cries of ‘I told you so’, it is the responsibility of Tamil politicians including those of the TNA to ensure that they unite to see the President fully implements the 13th Amendment in letter and spirit. If they can do that the Tamil struggle for democratic rights would be genuine and not by silently watching the bombing buses of carrying women and children or condoning suicide attacks. The time for silence is over. They should make the full implementation of the 13th Amendment a beginning of national reconciliation and path to full devolution of powers.

Lastly, President Rajapaksa has an excellent opportunity now to implement the 13th Amendment not only to please India or any political lobby, or buy time to find the “final solution” to the LTTE, but to achieve his lofty aim of building a united Sri Lanka, practically from the ashes. But will he do it? Only he can answer.

In this context the lines of Bob Dylan’s modern version of ‘Tweedledee and Tweedledum’ come to my mind. It goes like this:

Tweedle-dee Dee is a lowdown, sorry old man
Tweedle-dee Dum, he’ll stab you where you stand
“I’ve had too much of your company,”
Says, Tweedle-dee Dum to Tweedle-dee Dee.

That would be a human tragedy of immense proportions.

(Col R Hariharan, a retired Military Intelligence specialist on South Asia, served with the Indian Peace Keeping Force in Sri Lanka as Head of Intelligence. He is associated with the Chennai Centre for China Studies. E-Mail: colhari@yahoo.com)

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Appendix

ACTION TO BE TAKEN BY THE PRESIDENT TO FULLY IMPLEMENT RELEVANT PROVISIONS OF THE PRESENT CONSTITUTION AS A PRELUDE TO THE APRC PROPOSALS

1. Introduction

1.1 The APRC was mandated by the President to prepare a set of proposals that would be the basis for a solution to the national question. After 63 sittings over a period of 1½ years the consensus document is being finalised and it should be possible to hand it over to the President in the very near future. The outcome would be a basis for appropriate constitutional arrangements. Implementation of this would of course require amendment of the present Constitution, and in respect of some Articles, approval by the People at a referendum. This would of course take time, once a favourable climate is established.

1.2 Under the circumstances, the APRC taking into consideration its own proposals has identified a course of action to achieve maximum and effective devolution of powers to the provinces in the short term. The emphasis would be on meeting the aspirations of the Tamil speaking peoples, especially in the North and East. This would be done within the framework of the present Constitution, that is, the 1978 Constitution. The course of action proposed by the APRC would be implementable with immediate effect, and envisages an interim arrangement pending the restoration of democratically elected Provincial Councils in the North and East.

1.3 The 13th Amendment to the 1978 Constitution was enacted following the Indo Sri Lanka Agreement of July 1987. It resulted in the setting up of Provincial Councils throughout Sri Lanka and it devolved power to the Provinces under the unitary Constitution. The powers devolved fall under a Provincial List and a Concurrent List. All other powers were reserved for the Centre through a Reserved List. Further, any subject or function not included in any of the three Lists will also be deemed to be a subject or function in the Reserved List.

1.4 Implementation of subjects and functions devolved on the Provinces through the Concurrent List has not taken place at all due to the fact most of these subjects and functions were retained by the Centre as if they also belonged to the Reserved List.

2. Steps necessary to permit Maximum Devolution of Powers to Provinces under the 13th Amendment

2.1 The Government should endeavour to implement the 13th Amendment to the Constitution in respect of legislative, executive and administrative powers, overcoming existing shortcomings.

2.2 Adequate funds should be provided by the Government to facilitate effective functioning of the Provincial Councils.

2.2.1 The Centre should hereinafter route all finances in respect of special projects undertaken by the Centre in the Provinces, if they are on subjects under the purview of the Provinces, through the respective Provincial Administrations.

3. Special Arrangements necessary to permit Maximum Devolution of Powers to the Northern and Eastern Provinces under the 13th Amendment

3.1 The APRC is of the view that conditions in the Eastern Province are conducive to holding elections to the Provincial Council and that elections should be held immediately.

3.2 Conditions in the Northern Province are far from being peaceful. A free and fair election in the North will not be possible in the near future. Hence an alternative arrangement is required in the Northern Province to enable the people of that Province to enjoy the fruits of devolution.

3.3 As it is not possible to hold elections in the North, the President could make appropriate order to establish an Interim Council for the Northern Province in terms of the Constitution.

3.4 The Interim Council of a Province will aid and advise the Governor in the exercise of his executive powers, and will function until Provincial Council elections are held in that Province.

3.4.1 The Interim Council should reflect the ethnic character of that Province.

3.4.2 It is proposed that the Interim Council for a Province should consist of individuals who have political experience and an abiding interest in the development of the Province and in its people and be acceptable to the people of the Province. A person to qualify for appointment as a member of an Interim Council should have a thorough knowledge of the particular Province.

4. Implementation of the Official Languages Provision of the Constitution

4.1 The Government should take immediate steps to ensure that Parliament enacts laws to provide for the full implementation of Chapter IV of the Constitution on Language.

4.2 There are many contexts in which remedial measures will assume an administrative, rather than a legislative, character.

The following are instances of measures which should be strenuously accelerated and implemented by the Government.

(a) recruitment of Tamil speaking police officers in sufficient numbers to enable Tamil speaking members of the public, not only in the North and East, but in the country as a whole, to transact business in their own language in police stations;

(b) the taking of all steps, including recruitment of staff and procurement of equipment to enable Tamil speaking members of the public to deal with Ministries, Government Departments, statutory corporations and all other public bodies in their own language;

(c) the regular holding of, and streamlining of procedures for, mobile “clinics” where officials fluent in the Tamil language will engage problem solving on the spot;

(d) the provision of interpreters, translators and other relevant facilities in all courts of law, so that the needs of members of provincial minority communities are catered fully with regard to all aspects of the administration of justice;

(e) The Sinhala minorities in the North and East suffer from disadvantages similar to those affecting Tamil speaking peoples as mentioned above. Suitable steps should be taken to address them along the same lines.

The All Party Representative Committee (APRC) comprised:

1. Sri Lanka Freedom Party
2. United National Party (D)
3. Jathika Hela Urumaya
4. Ceylon Workers Congress
5. Sri Lanka Muslim Congress
6. All Ceylon Muslim Congress
7. Mahajana Eksath Peramuna
8. National Unity Alliance
9. Up-country People’s Front
10. Communist Party of Sri Lanka
11. Eelam People’s Democratic Party
12. National Congress
13. Western People’s Front
14. Lanka Sama Samaja Party

by Toon Vandenhove

In recent years, international humanitarian law (IHL) has come to the forefront of public interest and debate. IHL is the body of rules applicable in situations of armed conflict, whether international or non-international. The IHL treaties most commonly referred to are the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, although IHL encompasses a range of other international treaties. In addition, many rules of IHL bind parties to armed conflicts, even where treaties do not directly apply. These rules of customary international law have been derived primarily from the practice and opinions of states over time.

As promoter and guardian of IHL, the International Committee of the Red Cross (ICRC) can only welcome broader awareness of this important body of law. Yet, some voices have challenged the relevance of IHL to contemporary armed conflicts, suggesting that it is ill equipped to deal with the threats posed to States when confronting non-State armed groups. At the heart of this complaint is the belief that IHL somehow places governments at a disadvantage by imposing obligations that tie their hands in the face of armed groups who are free to employ “terrorism” to advance their goals.

This view could not be further from the truth. Parity of rights and obligations is a bedrock principle of IHL. The rules governing the conduct of hostilities and the treatment of those not or no longer directly participating in the fighting apply equally to all the parties involved in an armed conflict. Non-State armed groups do not hold a privileged position under IHL. Moreover, IHL obligations bind both States and non-State armed groups regardless of the other parties’ behavior because IHL’s primary purpose is to protect all those not involved in hostilities.

Applying IHL to non-international armed conflict also does not shield armed groups from the reach of the State. To the contrary, IHL does not prohibit the targeting of persons taking a direct part in hostilities, including, of course, members of non-State armed groups. And, IHL does not stand in the way of detention, prosecution or punishment of members of armed groups for criminal offenses under domestic law or for violations of international norms, such as the prohibition of deliberate attacks against civilians. However, persons detained in relation to an armed conflict must in all circumstances be treated humanely in accordance with the requirements of Article 3 common to the 1949 Geneva Conventions. Again, all parties to the conflict are bound by these obligations.

Nor does IHL grant any privileges to “terrorism” as a tactic. It explicitly prohibits acts committed in armed conflict that are commonly referred to as “terrorist”. It is a basic principle of IHL that the parties engaged in armed conflict must at all times distinguish between civilians and combatants and between civilian objects and military objectives. IHL also prohibits the taking of hostages.

IHL further prohibits “measures of terrorism” and “acts of terrorism” against persons in the power of a party to the conflict in both international and non-international armed conflict. The Fourth Geneva Convention (Article 33) provides that “collective penalties and likewise all measures of intimidation or of terrorism are prohibited”, while Additional Protocol II (Article 4 (2) (d)) prohibits “acts of terrorism” against persons not or no longer taking part in hostilities. In addition, customary international humanitarian law applicable in both international and non-international armed conflicts prohibits acts or threats of violence intended to spread terror among the civilian population.

Finally, the application of IHL to a situation of armed conflict in which an armed group is a party does not grant legal legitimacy to the armed group. Common Article 3 expressly states that its application does not affect the legal status of parties to an armed conflict. This provision clarifies IHL’s purely humanitarian purpose.

There are a myriad of other rules of IHL that further support its relevance and utility in contemporary armed conflicts. The primary challenge faced today is not how to revise IHL rules to make sense in modern wars, but rather how to ensure adherence to its norms so that it can fulfill its protective function.

[Toon Vandenhove is Head of ICRC Delegation in Colombo, Sri Lanka]

by Batty Weerakoon

Air Force bunker-busters may hopefully get Prabhakaran if they have not got him already. But P dead or alive is not really the problem. It is the repeated failure of the south to offer to the Tamil community a feasible political solution to its civic and human rights issues that is in fact the besetting problem. In this context P is no more than a megalomaniac claiming the Tamil community as his exclusive turf. The Tamil community can in no way grin and bear this impossible situation, but as LTTE terror is principally directed at this very community it has no option but to sink into silence.

District Development Councils

In this situation of the Tamil community (TC hereafter) successive SL governments have played into LTTE hands. JRJ offered elected District Development Councils with chairmen nominated by him, no doubt a phoney measure as it proved to be, but the TC accepted it. It ended with the burning of the Jaffna public library and all Jaffna bazzars on a single night.

The next try out was devolution of political power through provincial councils. Though the scheme had been finalized by the All Party Conference summoned by JRJ in 1984 it was not implemented till the Indian intervention forced the enactment of the system through the 13th Amendment to the Constitution (1987). But it too failed in the North and the East when JRJ’s successor summarily got rid of the peace keeping / monitoring IPKF and told Chief Minister Vartharaja Perumal where to get off. With that the LTTE took over the NE region as its liberated zone. All communities in the region including the TC were thereafter placed at the mercy of the LTTE.

APC fiasco

The fiasco of the APC summoned by President MR only proves to the TC the truth of P’s “Heroes Day” (November 2006) observation that this august body was meant to fool the Tamil people. The APC was hamstrung from the start in that a committee nominated by the respective parties with a chairperson appointed by the President took over the thankless job of finding its way to a political solution. What the committee (APRC) has finally handed over to President MR is an interim measure with the declared goal being the 13th Amendment to the Constitution (1987).

This can be faulted at both ends. The Interim Measure is no more than JRJ’s District Development Council with the damning difference that it is unelected. The Council and its chairman are nominated by the President. And the final goal is the 13th Amendment which has already betrayed itself in the eyes of the TC. To say that the proposed exercise is an attempt to implement the 13th Amendment is a cynical misrepresentation. The interim measure is no more than the handing over of the northern council to Devananda and the eastern one to Karuna or Pillyan. It is bound to be a sitting duck to any terrorist movement as would require a dominant presence of the security forces. It can well be part of the military solution President MR has chosen for himself.

It cannot be imagined that the TC will be willing to accept the 13th Amendment after what it experienced with it in the late 1980s. Besides, it, is well aware that governments since then have offered genuine devolution packages as evidenced by the Constitutional Amendment Bill brought to Parliament in August 2000 by the CBK regime. It was drafted in consultation with all parties in Parliament and these included the TULF and all other “minority parties”. The UNP too had endorsed it after consultations that spread over six months.

Isolation of LTTE

What President MR has got into his hands at his own bidding from an effete APRC is counter productive even in relation to his own strategy which is the rooting out of LTTE terrorism before embarking on a peace process. The sine qua non for success in such effort is the isolation of the LTTE from the TC. But MR’s present move, far from isolating the LTTE, pushes the TC to the point of accepting LTTE credibility and giving it a sanctity as could trigger a genuine guerilla movement with or without a Prabhakaran. The LTTE has at all times been terrorist in approach and strategy. That was its, Achilles heel. A genuine guerilla movement may make things different in the consciousness of the Tamil community. A military solution may not be the end of the road.

by B. Muralidhar Reddy

All Parties Representative Conference moots provincial councils in north & east

Full and faithful implementation of the 13th Amendment to the Constitution, holding of provincial council elections in the east and establishment of an interim provincial council in the north are the key recommendations made by the All Parties Representative Conference (APRC) in its interim report submitted to Sri Lankan President Mahinda Rajapaksa on Wednesday.

According to a member of the Committee, who shared the contents of the document with The Hindu, the members are of the view that pending consensus among all parties on further amendments to the Constitution on devolution of powers for resolution of the ethnic conflict, the President should initiate measures to translate into actions the provisions of the 13th Amendment and establish provincial councils in the east and the north to enable people have a say in the governance of their affairs.

The APRC was established by Mr. Rajapaksa in mid-2006 to forge a consensus among all parties on a political solution acceptable to all for resolution of the three-decade-old ethnic conflict. However, the Committee suffered a setback when the main opposition, United National Party (UNP) withdrew from it in protest against the President’s decision to induct rebel members of the party into the government. The Janatha Vimukthi Peramuna (JVP) has also walked out and now wants dissolution of the APRC.

Focus of report

The 13th Amendment, focus of the interim report of the APRC, followed the Indo-Sri Lanka Accord in 1987. Among other steps it envisages province as the unit of power and devolution of powers between the centre and the provinces as a solution to the ethnic crisis. However, for a variety of reasons successive governments have not been able to implement various provisions of the Amendment.

In its four-page report titled, “Action to be taken by the President to fully implement Relevant Provisions Of the present Constitution as a prelude to the APRC Proposals,” the Committee said: “The Government should endeavour to implement the 13th Amendment to the Constitution in respect of legislative, executive and administrative powers, overcoming existing shortcomings. Adequate funds should be provided by Government to facilitate effective functioning of the provincial councils. The centre should hereinafter route all finances in respect of special projects undertaken by the centre in the Provinces, if they are on subjects under the purview of the Provinces, through the respective Provincial Administrations.”

On northern and eastern provinces, the APRC has recommended special arrangements necessary to permit maximum devolution of power to the Northern and Eastern Provinces under the 13th Amendment.

“The APRC is of the view that conditions in the Eastern Provinces are conducive for holding elections to the provincial council and that elections should be held immediately. Conditions in the Northern Province are far from being peaceful. A free and fair election in the North will not be possible in the near future. Hence an alternative arrangement is required in the Northern Province to enable the people of that Province to enjoy the fruits of devolution.
Appropriate order

“As it is not possible to hold elections in the North, the President could make appropriate order to establish an Interim Council for the Northern Province in terms of the Constitution. It may be necessary for such an Interim Council to make statues. The interim council of a province will aid [and] advise the Governor in the exercise of his executive powers, and will function until provincial council elections are held in that province. The interim council should reflect the ethnic character of the province.

Hence, it is proposed that the interim council for a province should consist individuals who have political experience and an abiding in the development of the province and in its people and be acceptable to the people of the province. A person to qualify for appointment as a member of an interim council should have a thorough knowledge of the particular province.”

On implementation of the official language provision of the Constitution, which envisages Tamil also as a national language along with Sinhala, the Committee said the government should take immediate steps to ensure that Parliament enacts to provide for the full implementation of chapter IV of the constitution on language. “There are many contexts in which remedial measures will assume an administrative, rather than a legislative, character,” it said.

The Committee said it was mandated by the President to prepare a set of proposals that would be the basis for a solution to the national question. “After 63 sittings over a period of 11/2 years the consensus document is being finalised and it should be possible to hand it over to the President in the very near future.

“The outcome would be a basis for appropriate constitutional arrangement. Implementation of this would of course require amendment of the present Constitution, and in respect of some Articles, approval by the People at a referendum.

“This would of course take time, once a favourable climate is established.

“Under the circumstances, the APRC taking into consideration its own proposals, has identified a course of action to achieve maximum and effective devolution of powers to the provinces in the short term.

“The emphasis would be on meeting the aspirations of the Tamil speaking peoples, especially in the North and East. This would be done within the framework of the present Constitution, that is, the 1978 Constitution.

“The course of action proposed by the APRC would be implementable with immediate effect, and envisages an interim arrangement pending the restoration of democratically elected Provincial Councils in the North and East.” [courtesy: The Hindu]

Human Rights Minister Mahinda Samarasinghe has emphasised that “every effort should be made in good faith to provide fullest degree of autonomy for Provinces within the Constitutional framework”. In a statement issued by him , Mr.Samarasinghe has said that while ensuring the unity and territorial integrity of the Country , an accommodative environment must be created to foster plurality and diversity. The minister has also said that devolved political structures would buttress and strengthen the multi-ethnic,multi-linguistic, multi-religious and multi-cultural character of the Sri Lankan Polity.

The full text of the statement is reproduced below:

The following is the full text of the statemnt: The next few days will prove a watershed in the arduous and protracted search for a viable and workable solution to our country’s national question. The All Party Representative Committee (APRC), which has deliberated upon the various points of view expressed by several actors of every political hue and persuasion over the past year, will present its findings to the President shortly, thus enabling measures to be taken to cement the gains made on the battlefield so that Sri Lankans of every ethnicity can reap the full benefits of the peace, restoration of democracy and security that has been won in the face of adversity and terrorism. It is our responsibility-as democratically elected representatives of the people-to forge a political solution that satisfies the minimum aspirations of all our sovereign peoples while safeguarding the territorial integrity and unity of our land.

As a politician who commenced public life serving in one of the first-ever Provincial Councils as a Minister as far back as the nineteen-eighties, I am deeply conscious of the need to achieve a consensual approach to the national issue based on power sharing between the central government and democratic institutions at the periphery. I am fully aware of the plenitude of powers that could potentially be exercised by provincial authorities. Given the personal leadership extended by President Mahinda Rajapaksa towards this initiative, we should not miss the opportunity to ensure full implementation of the power sharing arrangement originally envisaged. What we have experienced over the past two decades, is a lack of understanding and a good faith approach towards full implementation of the Thirteenth Amendment to the Constitution and its progeny the Provincial Councils Act. Several successive Governments failed to see the benefits of the devolved structure and withheld some of the powers that should have been devolved. I believe that power sharing to the maximum extent allowed under those legislative instruments would have borne the desired fruit if the political culture that prevailed, terrorism and a general lack of trust had not hampered the development of a peaceful democracy in Sri Lanka. It is a pity that such efforts were never brought to fruition through devolution of the full quantum of power under the Provincial Council system. We have before us an opportunity to guarantee the full implementation of the Thirteenth Amendment and we should use this opportunity, with the full support of the nation’s Head of State and Government, to work for the development of our country and the betterment of its people.

As we look forward to advancing along the road to a durable, just and productive peace for our people, we must first determine what initial steps we need to take to ensure steady progress. While quantum leaps may seem attractive and academically desirable, the ground reality of the current situation must be taken into consideration when proposing practical measures to address any issue. Even if the Government were enthused by a far-reaching set of proposals emanating from the APRC, we must take a step-by-step approach in building on what we possess, firmly entrenching our successes and then gradually expanding upon power sharing arrangements when the time is ripe. This, therefore, is a strong argument for full implementation of the Thirteenth Amendment as an initial step towards the ultimate goal of securing lasting peace and prosperity.

The APRC process involving wide consultation, in depth discussion and pragmatic compromise, has shown that there are a range of issues yet to be resolved in order to achieve the final perfect solution. Many of the more ambitious proposals discussed will involve extensive constitutional amendment and reconfiguration of the structure of the State. These procedures will take a considerable period of time to devise, negotiate, achieve consensus on and emplace. Meanwhile, in the East, we have a large area of liberated territory which demands the restoration of civil administration, rehabilitation and development as a social and political imperative. It is only fitting that a political authority mandated by the Constitution and representative of the people of those areas be constituted to guide and inform the restoration of normality. This authority can only be provided under the umbrella of the existing constitutional fabric-encapsulated in the Thirteenth Amendment.

As a matter of practicality, the existence of a strong and functioning provincial authority will provide a boost to the services that the Centre can offer the people of the Provinces. One example is the areas coming under my purview as Minister of Disaster Management and Human Rights. Some matters relating to humanitarian assistance, displacement and relief are matters in the Concurrent List under the Thirteenth Amendment. My Ministry will be able to provide better targeted, more responsive and speedier services if coordinated with the provincial authority and the District Secretary at the local level. I see the existence of this provincial tier of governance as a source of strength rather than a source of complexity and inefficiency. In relation to human rights, government at the provincial level can monitor and be responsive to basic human rights issues at the local level by promoting not only the civil and political rights of people but also ensuring the realisation of economic, social and cultural rights of its constituents. Grassroots level activities aimed at promotion and protection of human rights, supported and assisted by the Centre, can be facilitated by provincial administrations and legislatures. It is up to us to ensure better coordination as we strive to perform our duties for the – benefit of the people.

Whatever steps are required to be taken to address the scourge of terrorism, they must be embarked upon with the clear objective of safeguarding and ensuring the territorial integrity, unity and sovereignty of the nation. At the-same time, genuine economic, political, cultural, religious and linguistic grievances must be attended to by way of a political solution as these are, ultimately, problems of a, socio-political nature. Had the Thirteenth Amendment been appreciated and understood in its proper context and had the Government of that day and successive Governments-committed wholeheartedly to its implementation, the problems experienced today by people who live in conflict-affected areas could have been avoided or greatly minimised. It is still not too late. As much as we are bound up in the current enthusiasm of announcing the full implementation of the Thirteenth Amendment, we should also ensure the manifestation of the requisite political will in order that the full benefits of this advancement are realised.

It is my fervent wish that, under the leadership of President Mahinda Rajapaksa, we will take resolute and definite steps to defeat the forces of terrorism and ensure a durable political solution to Sri Lankas’ burning national question.

In the final analysis we need to ensure that devolved political structures buttress and strengthen the multi-ethnic, multi-lingual, multi-religious and multi-cultural character of the Sri Lankan polity. It is through the fostering of plurality and diversity in an accommodative national environment that can lead to a truly common Sri Lankan identity.

January 23, 2007: Ambassador Robert O. Blakes Remarks at the Opening of Marvell Sarvodya Vocational Training Center, Batticaloa:

Dr. A.T.Ariyaratne, Mr. Arumainayaham, Mr. Careem, Ms. Sharadha de Saram, Ms. Shelagh Savage, Distinguished Guests, Ladies and Gentleman, I am so pleased to be here to help open this school which will help many Sri Lankans build a better future that they desire and most certainly deserve. I sincerely thank you for inviting me to be the Guest of Honor; it is a great honor indeed.

I would like to begin my remarks with a quote from a wise former President of my own country, John F. Kennedy. He once said that, “our progress as a nation can be no swifter than our progress in education.” President Kennedy’s words apply not only to the U.S. but also to Sri Lanka and every other country in today’s competitive, globalized world.

Important investments in education and training, such as the one we are celebrating here today, will help the young people of Sri Lanka, your country’s most important asset, to assure a bright future for this nation and themselves.

There are many people I would like to acknowledge. First, it is always an honor to share a platform with Dr. Ariyaratne, the Founder of the Sarvodya Movement which has done so much to benefit Sri Lanka.

I also want to acknowledge and thank the two American partners in this project. The Marvell Charitable Fund of the United States and Give2Asia, a US-based nonprofit established by The Asia Foundation to promote philanthropy to Asia, both provided generous funding for this project.

Most of you know that the U.S. is the largest donor of development assistance around the world. Perhaps less well known is that assistance from private sources in America, including nongovernmental organizations and businesses are more than for times what the Government provides. Marvell and Give 2 Asia are two important and wonderful examples.

Ladies and gentlemen, the US Agency for International Development has been working in the east for many years. Of all the important things we are doing, there is perhaps none more crucial than vocational training. USAID is now building nine vocational training centers in the east and south through our Tsunami Reconstruction Project, and we have contributed significant resources to help work on two additional centers through our Transition Initiatives program.

In partnership with the Sri Lankan Vocational Training Authority, these vocational training centers will deliver quality training, job counseling and placement assistance and school-to-work services that promise to improve employment possibilities for 20,000 young people between the ages of 15 and 25.

These institutions of learning will help young people become productive members of society by teaching skills in trades that lead to well-paying jobs, helping Sri Lanka grow into a more prosperous country.

One of the most impressive aspects of this new Centre is not only the building itself, and what is inside it, but also the process that has led to this event here today.

Prospective students were encouraged to participate in the construction work. The hands-on training in areas such as masonry and brick work, carpentry and plumbing, they received will improve their future employment prospects as well as giving the community and beneficiaries a sense of pride in the new facilities. You should all be proud of what you have accomplished.

Another unique and promising feature of this center will be the language skills training. Sinhala speakers can learn Tamil, Tamils can learn Sinhala, and both can learn English. These language skills will create new opportunities for cooperation, mutual understanding, as well as employment.

Ladies and gentlemen, the United States is committed to working with the Government of Sri Lanka, our friends in the private sector, and the NGO and donor communities, to stabilize and reconstruct Batticaloa and the rest of the East.

We are working to ensure that this process takes place in a manner that enhances relations between the Tamil, Sinhalese and Muslim communities, and gradually puts authority for local administration into the hands of elected representatives from each of these communities.

The Batticaloa district elections office is now accepting nominations from political parties to contest for seats on nine local councils in Batticaloa.

These elections mark an important opportunity to give citizens in areas formerly controlled by the LTTE their first elected representatives in years.

But free and fair elections cannot be held if one party is allowed to bear arms and intimidate and threaten voters and other contestants. Unchecked paramilitary activity also discourages the private sector investment that will be crucial to the future of the east.

That’s why the United States believes that paramilitaries including the TMVP must not be allowed to carry arms, but should instead compete with the strength of their words rather than the threat of a bullet.

Free and fair elections without violence or intimidation will help stabilize this region give its inhabitants new promise and hope for a secure and prosperous future.

Let me again thank you and congratulate Sarvodya and our partners on your completion of this new beginning. My Embassy colleagues and I stand ready to help in any way we can to advance this worthy endeavor.

Let me conclude by quoting an Old Persian proverb that says “when it is dark, you can see the stars”

Batticaloa has experienced many dark days.

But thanks to efforts such as the one we are celebrating today, the young people of Batticaloa can begin to see the stars again, and a brighter future for themselves and their country.
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[Sunrise in Batticaloa Lagoon-Pic: HumanityAshore]