Archives

by P.P. Devaraj

The agreement reached between the Govt. and the LTTE on a federal solution has been hailed as a major breakthrough in the negotiation process. This has paved the way for concerted and detailed discussions on power-sharing arrangements.

In an interview given to the Sunday Observer (29/12/2002) Professor G.L. Peiris says, "We have used the term federal merely to define the system we envisage as suitable. This means that we are now firmly locked into a process... towards a new national unity based on equality and harmony among the communities".

Having agreed on a federal solution there is now a need to look at various models and evolve a suitable one for Sri Lanka. The Forum of Federations based in Ontario Canada was at hand in Oslo to give their expertise. Following the Oslo agreement a delegation of the LTTE made a visit to Switzerland to study the Swiss model. No doubt there will be several more discussions and examination of models of federalism in various countries.

A distinctive system appropriate to meet the specific multi ethnic nature of Sri Lanka will have to be fashioned. LTTE chief negotiator Anton Balasingham conceded that in the given circumstances expert opinion needs to be obtained to arrive at the best system of government.

It has also been recognized that negotiation on the complex issues regarding the structure of the state and the system of government will be a long and arduous one.

According to the statement issued by the Norwegian Govt. on 5th December the Govt. and LTTE agreed to initiate discussions on substantive political issues, such as but not limited to

* Power sharing between the center and the region as well as within the center

* Geographic region.

* Human rights protection

* Political and administrative mechanism

* Public finance

* Law and order.

In his press interview Professor G.L. Peiris has referred to the Provincial Council system as an early attempt at sharing of power that needs to be taken forward. He speaks of the need for "exploring new structures that will provide for sharing power and ensure all sections of the population to feel that they have been looked after and enjoy equal status in the country".

The Provincial Council experience has demonstrated the need for a more comprehensive and clearly demarcated power-sharing arrangement. If all sections of the population are to feel that they have been looked after and enjoy equal status in the country the scope of the discussion on power sharing needs to be comprehensive and inclusive.

The LTTE has put forward the Sri Lankan Tamil position without any ambiguity. In his speech delivered on Heroes' Memorial Day Prabhkaran has this to say, "We have always been consistent in our policy with regard to our struggle for self-determination. Tamil homeland, Tamil nationality and Tamil's right to self-determination are the fundamentals underlying our political struggle. We have been insisting on these fundamentals from Thimpu to Thailand. The Tamil people want to live in dignity in their historically constituted lands without the domination of external forces".

Expanding further on this concept LTTE theoretician Anton Balasingham says, "We say the Tamil people are a nation because they have certain characteristics.

They have a distinct language, culture, a history and a contiguous territory where they have lived for centuries. They also have a specific economic existence, and a consciousness of national sentiments all of which gives them the right to internal self-determination regional autonomy or self-government. (Interview Sunday Observer 1st December 2002). Muslims form about 8% of the total population of the country. But of this only about 30% are from the North East. While about half of this 30% are in Amparai District.

The territorial aspect of this 15% has found considerable emphasis in the demand for separate unit while the right of the non-territorial majority has not received so much attention.

Tamils in Sri Lanka belong to two distinct categories. In the official census classification these two categories are given as Sri Lankan Tamils and Indian Tamils.

LTTE Leaders both Prabhakaran and Anton Balasingham have spoken of Sri Lankan Tamils whose origins traditional habitat are in the North-East of Sri Lanka. The Sri Lankan Tamils apart from having a contiguous territory have also a specific economic existence and consciousness of national sentiments.

The Indian Tamils constitute 7% or a little more of the total population of the country.

They are concentrated in the Central, Uva and Sabragamuwa Provinces. The largest concentration is in the Nuwara-Eliya District where they constitute more than 50% of the total population of the district. Western Province, Southern Province and North Western Province also have smaller concentration of Indian Tamils. There are also Indian Tamils in North-East.

According to 1981 census, the population of Indian Tamils in Nuwara-Eliya district was 247,371. The Muslim population in Ampara during 1981 was 116,148. In the Nuwara - Eliya AGA division alone there were about 125,000 Indian Tamils out of a total population of 175,000. These figures will be higher in 2003.

The history, geographical location, economic existence, and consciousness of national sentiment of the Indian Origin Tamils are distinct and different to these of the Sri Lankan Tamils.

When a new system of power sharing is designed how will the interests and aspirations of the 4th largest ethnic identity group, the Indian Tamils, be accommodated in an overall solution that meets their concerns also.

The designing of adequately suitable structures and power sharing arrangements for Indian Tamils are of critical importance.

These issues cannot be left behind for solution at some future date. Professor G.L. Peiris has spoken of a whole spectrum of forms of federation operating successfully in the world today.

Swiss federation has enabled a large number of minorities to live in peaceful coexistence. The confederation cantons and the communes are the official authorities, which characterize the Swiss State.

However there are variations from canton to canton. Due to the importance of the communes as public communities forming the basis of the Swiss legal system, a right to maintain their independence has been granted to them.

Some cantons have districts, which are of greater importance than communes with far-reaching judicial, political and administrative powers. Structures have thus been designed according to circumstances and needs.

In Canada Francophones are a majority in Quebec and in the other provinces they are present in varying proportions. While there are federal laws governing the rights of communities in all the provinces there are specific arrangements in different provinces that will be of relevance to us.

One of the four foundational principles of the Canadian constitution is the protection of minorities. Although the past record of Canada has not been perfect the protection of minority rights has now been made an irrefutable part of the identity of multi -ethnic Canada.

This principle is of major importance to multi-ethnic states where there can be deliberate open or subtle attempts to suppress minority cultures through submergence or assimilation.

Sri Lanka has adopted Sinhala and Tamils as official language. However, as is well known, implementation of Tamils an official language is not really taking place.

Even recommendations made by the Official Languages Commission are delayed to such an extent that it virtually amounts to non-implementation.

The impact of non-implementation of Tamils as an official language is most severe in many of the areas where Indian Tamils live.

In several areas there are severe shortage of teachers for Tamil schools and there are several instances of Sinhala teachers teaching Tamil.

There are extremely few Tamil officials at all levels of the administrative systems.

At the time of the passage of the 17th amendment to the constitution it was accepted that the three major ethnic minority communities, will have representation in various commissions.

It is on the basic of this understanding an Indian Tamil member was included in the Constitutional Council.

However contrary to the spirit of the 17th amendment no Indian Tamil was included in the names so far recommended to various commissions. Various other instances of discriminatory treatment can be given. Measures to implement protection of minorities will have to form a foundational principle of a future constitution.

Federalism as practised in Belgium has some useful lessons for Sri Lanka. Belgium has three communities based on language. These are the Flemish, Waloon and the German speaking community.

The German speaking community is a small one. Belgium has three regions, namely, the Flemish, Walloon and the Capital Regions.

Article I of the Belgian constitution says, "Belgium is a Federal state made up of communities and regions. The names of the communities and regions are given in the constitution. From this basic position follows power-sharing arrangements.

India with its complex multi-ethnic configuration has also in addition to the states other power-sharing arrangements to suit special needs.

Powers sharing arrangements developed in several other federal systems can also provide useful examples.

Power sharing is possible only if there is an electoral system that provides representation to the communities reasonably in proportion with population proportions.

The Indian electoral system has made provisions for representation of all sections of the population in a reasonable manner.

If new electoral system is going to be developed the Indian experience should be studied and adopted to meet our needs.

Power sharing must include the four major communities territorial or non-territorial and ensure security and equality of status to all persons. Even while recognizing that in the long and arduous process of evolving new power-sharing structures the statement made by the head of the Govt. negotiating team that negotiators will be getting into grips with the nitty gritty of the final settlement issues has to be noted.

In due course discussions will have to be expanded to make them more inclusive.

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager