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Lack of a Sri lankan identity a factor in the conflict

by Afreeha Jawad

It could be tragic, traumatic, ghastly or whatever - yes, this writer refers to the post-colonial Sri Lankan state being pushed down a steep incline to reach the hell hole that it is. What really happened? Who was responsible? made woeful but interesting finding as this writer listened to P. P. Devaraj, advisor to the ministry of Economic Reform, Science and Technology last week at his Narahenpita office.

P. P. Devaraj: fairness is primary

The vehement anti-colonial cry denouncing every bit as it were of imperialist indoctrination was not without its partner in tragedy - that of 'sectional or majoritarian nationalism' and with its accompanying plum on the pudding - the communal bias spearheaded most vehemently by the politicians of the times.

The nationalism of a classical connotation, being the collective will, wishes and aspirations of the people regardless of whatever caste or community they belonged to, was dumped. The sort of nationalism which even minority community leaders like T. B. Jayah, Sir Razik Fareed, Sir Ponnambalam Ramanathan and others stood side by side with the Sinhalese to regain Sri Lanka's lost freedom, which in the years that followed, fell by the wayside. A nationalism arose thus not of a whole country's people's will but only of one community.

"So we see while asking for self-rule there was also the overwhelming concern for primacy of place for the majority community in the national movement. Giving importance to the second part of the national movement were the then Sinhala leaders and within the UNP arose two trends - one insisting on unity of all communities and the other articulating communal views. Into this dynamics came political rivalry between S. W. R. D. Bandaranaike and D. S. Senanayake," said Devaraj.

What followed is all history with SWRD's exit from the UNP, the SLFP's birth and a political mobilisation spearheaded by SWRD getting into a mass appeal bandwagon of "Sanga, Veda, Guru, Govi, Kamkaru" - a strong and conspicuous Sinhala Buddhist pre-eminence and a highly strung articulation of nationalism. Hitting it hard - yes, the last nail on the coffin so to speak was the infamous 1956 Sinhala Only Act.

Thus it is most apparent - the interplay of these three that triggered off the tragic political trends which culminated in a cauldron of blood.

Noted as we are of an unwillingness to learn from past mistakes, the much misinterpreted nationalism lingers on entwined with the 'Jaathiya' concept - very much a reason for our failure, in moving towards egalitarianism and instead a literal embrace of blood letting.

Said Devaraj looking all too sad, "You see, the post-colonial Sri Lankan State was not accommodative of all communities. It favoured only the Sinhala-Buddhist and naturally other communities felt alienated."

Adding to all this sort of ethnocentricism was a national flag that apportioned greater space to the majority and a National Anthem sung only in Sinhala which facilitated a feeling of alienation into minority minds.

In a solution-finding attempt to the prevailing exigency, noteworthy are Devaraj's suggestions:

* A charter of language rights like in the Canadian constitution to be implemented at national level, provision of funds, staff and equipment and also a monetary system for its implementation.

* The right of a citizen to use his/her own language, pursue education, religion and culture.

* All laws that create advantage of one community over another should be removed and any matter creating inequality be removed as well.

* A power sharing democracy where all major ethnic groups are included in government and minorities especially are assured influence in policy making on sensitive issues such as language use and education. Where governments are democratic and inclusive, violent conflicts could be averted because then minorities don't need to resort to violence.

* No winner takes it all democracy where election losers must wait out of power in loyal opposition for a power position opportunity and where majority decision is always right.

*Policy-makers, scholars and other moderates including both political elites and the broader civil society that seek pragmatic co-existence in a multi ethnic society.

* Political alliances across lines of conflict that create incentives for political leaders to be moderate on divisive ethnic themes and enhancing minority influence in decision-making.

Recalling the non-implementation of Tamil language rights Devaraj observed: "In constructing the post colonial state, the political system always both through legal and administrative measures crippled the implementation of the 1958 Special Provision Bill that also contributed quite significantly to the present mess. It reflected a majority mindset of a reluctance to implement Tamil as official language."

He also informed that 86 percent of government offices do not have Sinhala to Tamil translators, 89 percent such offices are minus Tamil to Sinhala translators, 70 percent government offices are without Tamil steonographers, 70 percent without Tamil typists and 100 percent of Divisional Secretariats go without Tamil typists.

"What is being done as always is to teach a little Tamil to Sinhala officers," said Devaraj and laughingly added, "It's like when the colonial planters learnt a smattering of Tamil to deal with estate workers."

Turning to the language clause in the constitution he observed how the very wording and its placement itself was discriminatory for it says,

18 (1) The official language of Sri Lanka shall be Sinhala.

(2) Tamil shall also be an official language.

Now why couldn't they have worded this in one sentence to be read as 'The official languages of Sri Lanka shall be Sinhala and Tamil'?

Devaraj described this as an attitudinal problem - a wrong mindset.

"So the discrimination runs through and I'm not surprised why the Tamils took to arms. Having failed to build a Sri Lankan identity, It's useless telling the minorities to develop a Sri Lankan feeling.

"How can you say this when you are not being fair by them?" asked Devaraj rather indignantly.

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Idea Forum : Muslim concerns highlighted

It is my duty to state that in the present ethnic conflict, the Muslims are the most adversely affected community in Sri Lanka today. I must remind the citizens of Sri Lanka, what our President T.B. Jayah said in the course of the debate that ensued, on the "Dominion Status Bill" in 1947 in the State Council.(Hansard vol ii - 7010 - 7014):

"Even as a member of the All Ceylon Muslim League, it has been my chief and primary aim to see that this country gets Freedom, which is its birth-right and I think the Members of the Muslim League are strongly in favour of Dominion Status for their Country.

As far as I am concerned, I speak with the full support of the members of the Muslim Community, I saw to it that the All Ceylon Muslim League, representing the Muslim Community of Ceylon consulted representatives of in different parts of the Country on the important issue before the House, and I am in a position to say, that the Muslim Members of this Council have the fullest backing of the Muslim Community in the Island. When the Muslim Members of the Council decided to take a definite stand at the time Dominion Status Bill was introduced, they did so for one reason only. That reason was, where political freedom of this Country was involved, they were prepared to go to any length, even to the point of sacrificing advantages and benefits as a result of such action.

That Sir, is not a new method of approach, where Muslims are concerned. It has been the practice, in fact it has been considered the Duty of the Muslims, wherever they may find themselves, that they should be the first and foremost in any movement, that is intended to secure for the people of the Country a full measure of Freedom".

"But as I said, if the fight is for full Democracy the Muslim Community, as far as it is concerned, will be prepared to work without any safeguard because they know that the spell of Freedom can obliterate any differences. The Muslim Community feel, that if the fight is carried on, they will depend entirely on themselves to secure, that measure of freedom, and they are sure, that if that Measure of Freedom is secured no power on Earth can keep them in subjection, or at a disadvantage". This brought the immediate response of late S.W.R.D. Bandaranaike who said, "I speaking on behalf of the Community I represent, We will be forever grateful to the Muslims for the unselfish stand taken by Hon. Member T.B. Jayah, Hon. member Razick Fareed on the question of Independence".

As President of the All Ceylon Muslim League today I wish to express my disappointment and sorrow, that the promise of late S.W.R.D. Bandaranike is forgotten by the very Sinhalese late S.W.R.D. Bandaranaike claimed to represent.

Today the problems of the North and East is the concern of the Tamils, Sinhalese and the Muslims of entire country. We are surprised that the Government is silent at the murder of hundreds of Muslim in the East by the so-called peace seeking LTTE. It is my duty to remind the public that the All Ceylon Muslim League called for devolution of power to the District Councils and not the provinces. Even though the Tamils had accepted it the Sri Lanka Freedom Party opposed and brought our country to the present plight.

The Army, Navy and the Air Force were onlookers when Muslims were driven out of Jaffna Peninsula and Mannar. Prabhakaran has expressed regret for the ethnic cleansing he carried out but he continues to exercise ethnic cleansing in the East. Government is also not paying any attention to the illegal collection of taxes from the Muslims in the East. If the Government is unable to maintain law and order in the country, instead of begging for money they must seek the assistance of friendly nations to help them maintain law and order.

We have kept silent all these days because both the SLFP and the UNP created the monster Sri Lanka Muslim Congress. Both parties have considered them the sole representatives of the Muslims. Even late Ashraff had declared that he only represents the East. We are proud to state that, we the All Ceylon Muslim League and the Moors Association and the Youth Organization Y.M.M.A. represent the Muslims of Sri Lanka. Even LTTE has expressed doubt about the character of the representatives of the Muslim Congress. We find that the Muslim Congress is not out to help the Muslims of the East or North but only help themselves to positions. When the MoU was signed between the LTTE and the Government we were informed that we would be consulted in the final decision.

However the condition laid out by the LTTE is take it or leave it. Therefore we call upon the Government to bring the present position of the parties in the discussion so far to our notice and what we can do to save the Muslims in the North and the East. It is incumbent on the Government to call up a Round Table conference to hasten a solution to the ethnic problem.

We call upon the Government to summon the All Ceylon Muslim League for discussion and resolution of the daily murder of Muslims that is taking place unabated.

- A.L.M. Hashim P.C.

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Patronage versus the Rule of Law: ownership in the State

by Prof.S.Ratnajeevan H.Hoole

The rule of law has always been in the interest of minorities. Without it, genocide, administrative manipulation, rigging interviews and elections, etc. become easy. The ongoing reforms seek transparency and accountability. Two cases, somewhat related, are considered to illumine these.

The first is Jeyemini's, a little Tamil woman, married to a Sinhalese, she may not have been put down because she is Tamil, but the patronage system left her without anyone to favour her.

The abuse was at the very top. The details are from the report that the Ombudsman, Justice R.B. Ranaraja, issued to her. In the clerical grades at University of Peradeniya since 1963, Jeyemini, a graduate offering English, applied for the UGC's post of Assistant Registrar (AR). She came first in the selection test held in 2001. Interviewed in 2002, she failed to be appointed.

The Ombudsman's findings after enquiry are: i) The scheme of recruitment was designed to allow the fiddling of marks through a sham interview; ii) 21 candidates who by the rules did not qualify to apply were interviewed; iii) Mistakes in adding marks moved candidates up and down; iv) Unqualified candidates were appointed; v) An AL qualified stenographer got 12 out of 30% for qualifications while many with BA degrees received only 2; vi) With 40% for the interview, some favourites, identified as the unqualified who were interviewed, performed well; vii) With no provision in the scheme, 10 marks were assigned to extra-curricular activities in which many of the unqualified people received high marks; viii) For experience, a stenographer was assigned 8 marks for 3 years' experience while Jeyemini only 6 for 32 years as an internal candidate and 2 marks for the same experience as an external candidate by the same panel! The Ombudsman, finding Jeyemini's rights violated, has recommended that the appointments made be cancelled and the interviews reheld.

Now to the second matter. As part of the UGC's reforms, WB funding was announced at hotels for academic programmes which, henceforth, would need a formal proposal subject to competitive evaluation. At present, under the patronage system, we get money through a top official's backing.

Sounds great? Not really. First, the proposed reforms are already showing signs of patronage as academics were paid Rs. 500 for being driven on duty during office hours and given a sumptuous star-class meal at tax-payer money (Rs. 1000 per head). Second, the peripheral universities (including Jaffna, Eastern and South-Eastern) which already get proposal calls after the deadline, do not possess the capacity to forward exciting proposals. For example, in 1997 the Japanese Embassy asked the RRAN if a 1-page proposal from a VC was genuine because it looked so illiterate. RRAN then asked me to redo it with objects, budgets, benefits etc., got the VC to sign it and then gave it to the Japanese who approved it. Recently the Swedes wanted to fund a LAN with Internet in Jaffna but there was no proposal. Finally it was written by Colombo at UGC request. Other granting agencies had money to give but had no credible proposals.

The point is that until peace really takes hold and people of good calibre go to the North-East, it will not be fair to subject them to this competition. The peripheral universities need to be treated separately since regional students who are forced into these universities (and otherwise would have gone to national universities), cannot be allowed to suffer.

The UGC will evaluate these proposals. That is like Jeyemini's eminent interview panel: Chairman, Vice Chairman and Secretary of the UGC, VC-Rajarata, VC-Kelaniya and Registrar-Moratuwa. The reforms are therefore doomed. By fiddling so recklessly they have cast doubt on all the good they have done, the degrees they award and the way the UGC adds the AL marks for university admissions!

A UGC official assured me that 2 out of 4 evaluations would be from abroad. But often these foreign consultants are old cronies settled in the West. In critical decisions, the fiddling by the 2 locals and the UGC's problems with arithmetic in totalling can wreak havoc.

Patronage will therefore be dispensed as always. Cheating will always be there, but a good system seeks to make it difficult. Jeyemini's case shows the benefits of transparency and accountability.

Transparency means access to information. For example, if all new state appointments and promotions are publicly announced (as in California), it would not be possible for Peradeniya, the OU and probably many others to appoint unqualified favorites. Right now when improper appointments and promotions are made, by the time we know, little can be done about it.

Even if all these fiddled AR appointments are cancelled, the UGC will simply do it again and again. This is where accountability comes in. Those responsible ought to be removed. Any damage settlements in withdrawing the AR appointments should come from the selection committee personally so that others dare not repeat what they did. Even the Rs. 500 per attendee from WB loans given out ought to be recovered. The salary handouts through illegal appointments ought to come from the VCs and Councils that approved them.

It is the only way to set about reforms. And because a system that doles out patronage leaves out minorities not connected to the system, it is the only way to set about the peace process and make minorities feel ownership in the State.

Doing this is far easier and cheaper than war. It will prove the bona fides of the State and make negotiations easier.

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"Peace process is more than peace talks"

"At the post-Tokyo donor meeting in Colombo earlier this month, members of the donor community stated that the disbursement of economic assistance would be contingent on the satisfactory progress of the peace process. With the suspension of peace talks entering its sixth month, the National Peace Council believes that it is important to draw a distinction between the peace process, which includes the entire society, and the peace talks, which consist of only the Government and LTTE.

Despite the suspension of peace talks in April of this year, we note that the peace process has not been weakened in the intervening period as was feared, but on the contrary has become further strengthened, the National Peace Council said in a press release. It went on to explain that, "In the past five months, there has been a great deal of constructive and positive work that has been done, that has changed the minds of the people, preparing them for mutual accommodation in the interests of a just and negotiated peace. Among these is the principled decision on the part of President Chandrika Kumaratunga to publicly reject a political alliance that would have seriously compromised the peace process.

We take this opportunity to urge the government and main opposition party to act on the basis that the common positions they share on the peace process are much more important than their differences. "Another positive indicator about the strength of the peace process is the finalisation by the LTTE of its proposals regarding an Interim Administration following extensive discussions between internationally based experts and the LTTE's locally based members.

These proposals, and the way in which the Government responds to them, could lead to a resumption of peace talks. It could also lead to the further consolidation of the peace process especially if adequate attention is given to the aspirations of the people. We call on the Government to make a principled response to the LTTE's proposals.

"The National Peace Council, however, continues to be disturbed by the assassinations of political opponents of the LTTE and recruitment of children taking place by the LTTE. These are grave and serious human rights violations, especially assassinations that cannot ever be reversed. Such actions, even though limited to specific segments of the population, continue to undermine confidence in the sustainability of the peace process. We call on the LTTE to abide fully by human rights norms in the conduct of their affairs.

"Finally, when assessing the situation in the country we urge the international community to assess the peace process in its entirety rather than only aspects of it. It is important to bear in mind that the peace process is more than peace talks between the government and LTTE. We are concerned that the conditions of life in the North East, especially in the Wanni region, are much behind those in other parts of the country. Roads, irrigation facilities, health, educational systems and other infrastructure continue in a state of disrepair or in very poor conditions.

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