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Peace Quest

Swiss federation, where people are supreme

by Afreeha Jawad

Constitutions supposedly external manifestations of a peoples' will and aspirations can in certain instances go by default. Not so with what the Swiss have made their's to be.

The fullest accommodation of human rights, people's needs and aspirations as and when they arise has not escaped the mind of its constitutional framers. And so constitutional evolution in Switzerland is characteristic of what its people had wanted at a given time - ever changing, in motion bearing in mind peoples' supremacy.

She has left it to her varied linguistic groups to find expression in their own language, culture, arts and education to lead their lives to the fullest, making use of their potential towards constitutional development. The Swiss federation comprises 26 cantons - Jura being one such - the newest canton formed in 1979 where there was no majority German opposition in recognizing those peoples' rights to use French - their mother tongue.

There are four official languages in Switzerland. Those speaking German number 65%, French 20%, Italian 7.5% and Romanish 0.5%.

Official languages in each canton may even be as many as 3 depending on the number of linguistic communities in a particular canton. "The sole responsibility of designating languages rests with the canton concerned and not with the federal state", informed the Swiss Ambassador to Sri Lanka Bernadino Regazzoni in a recent interview with the Daily News.

To preserve harmony between linguistic communities, the cantons have to respect the traditional, territorial distribution of languages.

Article 3 of the constitution specifically mentions that the cantons are sovereign in so far as their sovereignty is not limited by the federal constitution. "All matters coming under the federal state or central government are explicitly mentioned in the constitution and those that are not is within the cantons' powers, whereas the basic sovereignty is that of the cantons", he said.

Constitutional power regulation includes matters exclusive to central government such as foreign relations, use of the army, monetary system, railways, postal services, aviation, civil and criminal law, forestry, hunting and fishing, while cantons enjoy the right to langauge, culture, education and direct taxation. Among shared matters of central concern being - trade and the federal parliament itself.

Each canton has its own constitution and laws. Cantonal laws follow the broad outline of federal legislation while leaving room for particular needs of individual cantons. The Federal Court in Lausanne is the supreme arbiter of justice. It is the highest court of appeal and acts according to the powers in the constitution mainly in accordance with the civil and commercial courts. The federal court also acts as a tribunal in matters of conflict between individual cantons or between a canton and confederation.

The country's division into 26 cantons each having a high level of administrative and political authority through their respective governments and parliaments shows that national political life is fragmented into separate regional sectors. The root of all political life is essentially local or cantonal.

One outstanding factor is that political intervention is becoming less and less the exclusive preserve of the parties. All over the country people are forming citizens' committees united over a particular issue and determined to act as pressure groups and make use of the referendum and right of initiative.

The federal parliament consists of a National Council having cantonal representation in proportion to the population of each canton and a Council of State where two cantonal representatives are present. Both chambers have equal powers and legislation needs the consent of central consultation before important laws are presented.

Thus we see despite peoples' representatives in the federal parliament, the consultation of people take priority signifying the 'peoples' supremacy and sovereignty' - "A key word in our system is consultation," he added.

For every law approved by parliament there is an opportunity of having a referendum - once again giving importance to the peoples' voice. A collection of 50,000 signatures would suffice to say 'Yes' or 'No' to a piece of legislation notwithstanding parliament's approval. Constitution modification requires compulsory referendum while a non-compulsory referendum precedes any other kind of legislation.

Despite parliamentary democracy, Switzerland through its constant 'People are supreme axiom' demonstrates this cardinal principle and truth every step of the way in governance. "Our governing system is a reflection of the citizen's direct participation prevalent 150 years ago before 1848 when four times every year people put their hands up to choose their representatives," Regazzoni said. Nearly 712 years ago 3 cantons came together. That's how the swiss confederation came about. More and more cantons followed.

Before 1848 Switzerland was a confederation - a loose group of states. Later it developed into a federation with a central state and federal units, where links were tightened and task distribution more specific. To anyone who is perplexed over why Switzerland despite being federal prefers to call itself the Swiss confederation Ambassador Regazzoni laughingly said:

"Thats' a burden of history. We still prefer the old name."

Mr. Regazzoni brought this writer to a point when a recollection of 1840 was inevitable a rather significant period in world history - 1848 to be precise when the British went round the world setting up a common global central state governance followed by the nation state.

Though the Swiss were also influenced into it - to fit into the world system, they are miles ahead and have adopted a parliamentary democracy not for retaining power, wealth accumulation and position but in the interest of public good. However, what is indigenous still remains for future generations of Swiss to remember what the old system was all about - a confederation or loose group of states - the difference now being of bureaucracy and power structuring - not to forget its the people's will right along and respect for the cantons' diverse cultures and linguistic roots.

Listening to Regazzoni it is quite clear - the people's hold over the legislature. Arbiters being the people - it is they who give the green light or switch on the red accordingly.

Even their representatives in the legislature cannot act as they wish to - a grand lesson for us over here where people's elected representatives cross over from one political party to another for self gain.

"Our system is successfully experienced in the birth of new cantons. We don't need to worry about cessation," he said.

Switzerland - quite unrestricted in her attitude towards social well being, now shows global concern in her endeavour.

"Poverty", said Regazzoni," is one main cause of terrorism". "Each year 1.4 billion Swiss Francs are given to the South. "The fight against poverty takes priority for us," he added.

Noteworthy, is the fact that this aid flows minus strings.

Believing in resource sharing Switzerland aids the South with conditionless humanitarian assistance and conditioned technical help, for which a good track record of human rights, rule of law and good governance are very essential.

While the GOSL - LTTE endeavour towards some institutional solution is much awaited Regazzoni expressed readiness to respond to demands from both sides of the peace process - about how the federal system works in Switzerland and provide the expertise related to it.

"But," said Regazzoni, "What is most important is that in the end Sri Lanka will have to arrive at its own model. It's not possible to bring one model and plant it over here. At the very end you will have to find your own way".

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The need to sustain the commitment to peace

by Ranga Jayasuriya

The peace negotiations in Berlin went uninterrupted, but the Southern populace was shocked, when three LTTE cadres aboard a trawler blew themselves up in the seas off Delft.

The rapport built between the two sides, or at least between the chief negotiators of both sides, coupled with expressed commitment of both parties to a negotiated solution must have been the reasons for the talks to continue despite the unfolding dispute in the Nedunthivu seas.

Dr. Balasingham is reported to have admitted that it was the Tigers' fault, attributing it to a communication failure between the local Sea Tiger commander and the cadres on board the trawler.

The LTTE chief negotiator however later told the press that the three men who blew up themselves were fishermen, claiming their suicide is "an act of defiance" against being arrested by the Navy.

Why these "fishermen" carried an anti- aircraft gun with two sealed boxes of ammunition is however open to question.

The SLMM reports also say that the three men had set the trawler on fire following a 15 minute radio conversation with their local commander.

The Sri Lanka Monitoring Mission and the LTTE provide different versions of the event.

The Tigers said the 23mm machine gun had been in "a non-combative posture" after being removed from a Sea Tiger fast boat which came to tow the engine troubled trawler to the sea shore.

The SLMM's version is that the gun and the ammunition were stored in a hidden compartment of the trawler.

"The Monitors had to break a wall to get into the room," SLMM spokesman Teitur Torkelsson said.

"The ammunition boxes were sealed and the gun was greased and wrapped in paper and from the manner they were stored, it can't be assumed that the gun was removed recently from a boat. These are indications of a secret transportation".

In a press release issued by its political headquarters in Kilinochchi, the LTTE said the trawler was a LTTE's fishing trawler engaged in fishing near Nachchikuda.

The release said the trawler had developed engine trouble and a fast boat was assigned to tow the trawler towards Nachchikuda.

"On observing a SLN Dravra approaching the boats, the Sea Tiger crew of the fast - boat removed the light machine gun fixed to the boat to assume a non-combative posture, left the gun in the trawler and motored near the Dravra to explain the situation".

The LTTE said the gun was left in the trawler when the Navy released the boat and its crew since the " boat was not allowed near the trawler".

Later on Friday noon, the three LTTE cadres aboard the trawler blew themselves and the trawler.

The LTTE seems to be in need to shed its doubtful image and to present themselves as genuine activists for a peaceful solution, given the shift of Tigers' propaganda, from military rhetoric to that of a negotiated settlement.

In this context last week's incident had done no good to the movement and Dr Balasingham must have been shocked to know that three cadres blew themselves up forcing Scandinavian monitors to jump into the sea, in an act reminiscent of LTTE conduct before commencement of the peace negotiations, a history he wants the world to forget.

Indeed Thamilchelvam's admission of LTTE's responsibility for certain ceasefire violations and attribution of indiscipline to its lower rung cadres point to the Tigers' attempt to reform themselves before local and international eyes. The LTTE political wing chief was reported to have assured the SLMM head Gen.

Furuhovde that the LTTE leadership will act to rectify, whenever the Tigers violate the ceasefire agreement. The promise however is yet to be implemented.

Abductions and child conscriptions are continuing in the North-East.

Understandably, the LTTE is in a period of transition and even if everything goes right it will take years for the movement to transform itself from a military unit to a political organisation and till then such incidents are inevitable.

What however should make the two parties proud of is that neither of them let any incident, whether it was High Security Zones, arrest of each other's members, or even the Kanchankudah shooting to derail the on-going peace process.

It is this commitment to a negotiated settlement that both parties should sustain to bring the 19 year conflict to an end.

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Idea Forum : Wisdom from the mouths of the "lowly"

It is with anxious expectations, of a lasting peace I write this. Alice, who had been working in our home for twenty years, wished my mother "Eid Mubarak", bright and early that morning. She was beaming. But her smile vanished almost immediately.

Hesitatingly, she looked over her shoulder (For whom? for what?) before asking sotto voce, "Nothing will happen today... right?" Nothing, my mum assured her, but her shaky voice betraying her own lack of conviction. They looked at each other for a long time in complete silence.

Alice was an illiterate woman. Well, technically illiterate. She cannot read or write. But she is far better informed than a lot of people our family interacts with socially. If there was a breaking story, Alice tells my mother about it before anyone can read the morning papers. And yet, twenty long years of association hadn't provided anything more than a very peripheral knowledge about her life and beliefs. Even so, she's the one person on whom my mum could count on whenever there was a kitchen-crisis. She fills in. She holds the fort.

All this, for a miserable amount. The paltry sum she made from us was enough she used to say enough to keep her going, she said, adding, "What do I need more for?"

We should all ask ourselves that question. I know she lived in a slum close by. I think, yes, she lived alone. She vaguely mentioned grand children, but there were no references to her own children. Had they abandoned her? We have never dared to ask.

Clearly, there' was no husband on the scene. We used to see her sometimes, wandering around the broad avenues of our neighbourhood. Often, she was clutching on to plastic milk pouches she had washed. Perhaps, we thought, she sells them? There was enormous pride and dignity in her conduct - far more than I've seen in "our" circles. Since she was a casual worker, the original deal did not include meals in our home. Those were regularly offered. And regularly refused. But "Santhosam" on happy occasions was always accepted with genuine joy. The joy wasn't for the "santhosam".

That morning, she knew that besides Eid it was also the seventh anniversary of the Dias Aiya murder and home demolition, allegedly following an episode of communal violence in Wellawatte with credit claimed by the LTTE. After a glass of extra sweet tea, she sat down on the kitchen floor, looked my mother in the eye and demanded, "Why?" The pain was too intense, too apparent. She didn't wait for my mother's self-conscious reasoned response. Alice spoke with a fervour that stunned me.

It wasn't just the content and delivery but the articulation of anguish deeply felt that created a hole in my heart. "What will happen to all of us?" She asked. "Us" not "me". My mother put her arm around her while she wept silent tears. Finally, she shook herself free and went back to the dirty dishes in the sink. As she scrubbed away I went over her words.

Sincere words that reflected her genuine concern for the disintegration of universal values, starting with tolerance and respect towards all, regardless of differences in faith, colour, culture, economic position. As always, this tiny, underprivileged and illiterate woman had more words of wisdom to share than most of our urban analysts. Finally, she whirled around and asked, "Why have you kept me for all these years? Why haven't you bought a dishwasher instead?" My mother and I burst out laughing and my mum told her the truth. A dishwasher wouldn't wish me "Eid Mubarak" or "Happy Aluth Awurudu".

A dishwasher wouldn't provide me with a sane, practical commentary on current affairs first thing in the morning. A dishwasher wouldn't make me feel the way you make me feel - that there is still hope so long as there's compassion.

Is this perhaps reason enough for the rest of us to continue to strive, and encourage the focus of energy to further the effort to realise a negotiated peace settlement, in the conflict that has plagued our country for such a long time. Let's all , discourage combative "editorials" that appear intent on instigating political slant and partisan penmanship, that seem to desire the derailment of the peace efforts.

There are always pessimists who believe that the planned federated Sri Lanka simply will not work in the long term. Such people point to the hard-liners on both sides.

There has always been a hard core in the majority Sinhalese population that believed that the separatist Tamil Tiger fighters could be defeated eventually, if only the Sri Lankan authorities pressed on with the struggle. On the Tamil side, there are extremists who will see the award of autonomy within their Northern and Eastern parts of the island as simply a step on the road to ultimate independence.

Again, we have to draw strength from our collective religious beliefs and thwart any attempt to subvert the peace process currently under way, and media has an obligation to its readership to be demonstrative that PEACE is always BETTER THAN WAR.

As Thomas Mann said, "War is only a cowardly escape from the problems of peace."

A political settlement in Sri Lanka will include a continuing commitment to the protection of human rights and fundamental freedoms, will respect international humanitarian norms and standards, and will offer the space for full democratic participation for all citizens regardless of where in Sri Lanka they might live.

A negotiated peace settlement, has on its horizon the long overdue opportunity to address the important issues of human rights and humanitarian law in all parts of Sri Lanka.

There is a story about a great Teacher who was asked by his disciples "How can we determine the hour of the dawn,when the night ends and the day begins?"

"Is it when, from a distance, you can distinguish between a dog and a sheep?"

"No," said the Teacher.

"Is it when you can distinguish between a fig tree and a grapevine?"

"No," said the Teacher.

"Tell us then," said the disciples.

"It is when you look into the face of another human being and you have enough light to recognize them as your brother and sister.

Up until then it is night and the darkness is still with us," said the Teacher. (Author unknown)

- M. N. Dean Canada

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