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by S. B. Karalliyadde, former Member of Parliament

Peace talks with the LTTE are nearly completing one year. We have enjoyed a peaceful environment devoid of bomb explosions, suicide and terror, which had a tremendous impact on the normalization of life in the civilian society.

Free movement of people from South to North and vice versa is a notable feature observed during the present ceasefire. This has resulted in a kick up for the stagnant economy and a boost for small-scale business and enterprise. The importance of the public co-operation for a negotiated peaceful settlement has been stressed by letters of 1996 July 16th Daily News, letters of Divaina Sinhala daily on 13th June and 26th November 2000 and Lankadeepa of 26 November by me and the public attention drawn to a peaceful settlement. These discussions initiated with the aim of a separate state developed into the establishment of an interim administration for North and East and today the separatist LTTE leaders have agreed to a federal structure within the existing unitary constitution of Sri Lanka.

The political observers view this stand with optimism while some critics are of the view that the nature of the federal structure needs further discussion and analysis. They express the fear that a federal solution will be a stepping stone for separatism. But, it should be noted that the parties to the conflict have so far not discussed or outlined the federal structure of the proposed federal solution. The Government nor the LTTE has so far announced details of their proposals.

Hence it is premature to express any opinion on this stand. In the meantime Prof. G. L. Peiris, Government chief negotiator stated future talks will only focus attention on how rehabilitation work in the North and East will be implemented once the pledged foreign assistance is received. It is therefore, seen that the core issue is by passed an administrative mechanism worked out to develop the war devastated North-East. Already such committees with LTTE representatives have been formed.

Public servants in the Government controlled areas as well as LTTE controlled areas feel the pressure of the LTTE exerted on them. This situation has been highlighted by the media time and again. Instances of such pressure exerted directly and indirectly by Tamil politicians who are partners in the UNF are reported in the media. The latest example to be cited is the withdrawal of forces from the HSZ.

A member in the Tamil Alliance publicly challenge the authority of a Sinhala Cabinet Minister to carry out rehabilitation activities in the Tamil home areas. Despite these challenges discussions are held to draw donors for rehabilitation programmes. According to statements made by Minister G. L Peiris the next rounds of talks will also focus donor attention on aid to rehabilitate and reconstruct the war ravaged North and East.

The role of Norway was to facilitate the peace discussion efforts to bring about a negotiated settlement to the North East conflict. It is now observed that Norway is exceeding its mandate as a facilitator and focusing attention on rehabilitation and reconstruction.

There is no doubt that the war ravaged areas need reconstruction. Their transport, irrigation, agriculture, power supply, education, infrastructure facilities should be brought back to normal but not at the risk of under-estimating the core issues. The transport systems, telecommunication network, health, education and all other essential services were affected by the intractable conflict for nearly two decades.

It is not a duly elected democratic government that created this situation but a band of armed terrorists exceeding the norms of decency and accepted principle of governance.

The question now remains whether there will be a repetition of terrorist activities after having spent such colossal sums of money for rehabilitation and reconstruction. What guarantee can the rebels give to avoid such repetition. Have they denounced violence. Have they given their assistance to the international donor community or monitors. The Tamil politicians themselves are responsible for creating this psychosis in the Sinhala community in the South. Some Tamil politicians pressurize the removal of armed forces from HSZ supporting the rebels.

They seem to ignore the weakening of the Army strength in the area. Another minister addressing the World Federation of Tamils held in Chennai hailed Prabakaran and publicly stated that the problems of Tamils in Sri Lanka is not only the problem of Prabhakaran but also the problem of three and half million entire Tamil-speaking people all over the region. Does it mean that they have some plans for the entire Tamil population in the region.

Tamil Nadu politician Vyko and several others who addressed the same rally are today arrested by the Tamil Nadu Police and facing charges under Indian Act on Prevention of Terrorism. Here in Sri Lanka these politicians hold the ruling parties at ransom changing political colour from time to time. Simultaneously haul of arms, training of cadres, collection of taxes/ransom, opening of police stations, courts etc. go unabated as reported in the defence columns of local newspapers.

No mention is made about the plight of Sinhalese living in Panam Patthu, Wewagam Patthu, Sinhala Patthu Bintenna Patthu and residents in the Sinhala villages Trincomalee/Mulaitivu/Vavuniya districts in any of these aid consortiums. It looks as if the inhabitants of these villages are booming in luxury and need no infrastructure facilities or economic boost.

These villages were termed "Border Villages" by the Government. There is no representative on their behalf in these peace negotiations. Can anyone in the peace deal give an assurance that the LTTE will lay down arms and get into the peace path. These are the concerns of the South and unless these issues are cleared the people will have doubts about the whole exercise.

Now the LTTE has opted for federal solution. It should be remembered that the proposed package in the 1995 draft also included a power devolution to the proposed regions.

We do not know the details of the new proposals as yet but some politicians attempt to justify the claims by stating that the Kandyan chiefs were the first to propose three federal states to the Kandyan areas, when they made their proposals before the Colebrook and Soulberry commissions on constitutional reforms. Why did the commissions reject this claim? Their thinking was that the centre should be more powerful. If the unalienable rights of the centre is devolved to the periphery the centre is weakened. Besides the Kandyan had no separate army, no parallel administration, no suicide squad or a separate territory ruled by them.

The aim of Kandyan chiefs was to develop the peasantry devastated by the rebellions of 1818, 1820, 1830, 1848 etc. These villagers who were victims of the British rage fled to Panam Patthu in Ampara, Bintenna Patthu, Sinhala Patthu, Vedi Patthu when their villages and belongings were set on fire by the British soldiers. They are the inhabitants of the so-called "border villages" today.

The composition of the proposed federal regions, the power-sharing structure etc. are still not known. These details will come to light at future negotiations with the LTTE. To justify the federal proposal some politicians say even late Mr. Bandaranaike as far as 1950 and Mr. Dudley Senanayake introduced a pact with late Mr. Chelvanayagam. Therefore, they argue that the federal solution is not a new concept. Let us therefore examine these proposals. To refresh the memories I will deal with a few salient aspects contained in the document signed on 04/07/1959 which have drastic consequences on the unitary nature of the state.

1. The present constitution of Ceylon to be amended by working into it special provisions for the government of the region which when demarcated would confirm to the description "North East Ceylon" in the sense of North and East Ceylon.

2. The present structure of the whole of Ceylon to be retained by and large, but its jurisdiction to be limited by special provisions in the constitution for the governance of "North East Ceylon".

3. The fourth clause states thus "......such laws shall be inoperative in the territory of "North East Ceylon" unless the same be ratified or adopted by the legislation of "North East Ceylon".

What did the 11th clause of the proposal say 'XI. There shall be a Treasury for "North East Ceylon" which will establish and maintain the usual Consolidated Fund Account and the Loan Account. The 12th clause provides for the transfer of funds to the consolidated fund of the North East Treasury.' What did clause 13 of Chelvanayagam proposal contain?

13. The territory of "North East Ceylon" to be comprised of the present Northern Province and the Eastern Province with such re-adjustments as may be necessary to include or exclude Tamil-speaking or Sinhala-speaking villages in the border land and to conform to natural lines of demarcation or landmarks wherever suitable.

The clause 16 is the obnoxious clause that affects the population of the Upcountry. Permanent Tamil settlers in the plantation districts will be permitted to migrate to and settle down in "North Ceylon" and their settlement and rehabilitation must be assisted by the Government of Ceylon.

All persons who have permanently settled in Ceylon to be granted citizenship and franchise rights. If this is accepted we will automatically pave the way for a Thamilnadu in the central region. How will Thondaman react then if today being a Cabinet Minister in the Government obstructs the construction of Upper Kotmale Hydropower Project.

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