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The Muslim demand - a critical view

by A. M. Sameen

The following is the summary, or better stated - the crystallisation of the demands of the Muslim community as represented by the Untied Co-ordinating Committee of Muslim Organisations, an organisation of nearly 140 Muslim associations.

1. Demerger

(1.A) - This can lead to two provincial administrations of which one can be (North) predominantly Tamils and the Eastern provincial administration can be with Muslims, Sinhalese and Tamils on P/R. system.

The Muslims - an important community

(1.B) - Provincial boundary can be re-drawn enlarging the Northern Province by absorbing the contiguous Tamil regions in the East with the North and the entire South to be one political administrative entity. This will give a demographic advantage for the Muslims, as Muslims will be a larger minority in the South. This will also avoid rift with Sinhalese in the North-South relation.

(1.C) - In considering this, due consideration should be given to resettlement of displaced people.

2. Merger (P.R)

(2.A) - Implement constitutional conditions for permanent merger through a referendum.

(2.B) - Should there be a merger it should be conditional. Muslims tends to lose the demographic balance from 33.7% to 17% in a merged province.

(2.C) - The function of the Interim Administration should be mandated only to rehabilitation. Core issues should be deliberated before the establishment of the Interim Administration.

(2.D) - Decommissioning of arms should be executed prior to establishment of Interim Administration.

(2.E) - Merged province should be done with P.R. system. The suggested proportion should be 43:57 (43 being Muslims and Sinhala).

3. Apex System (Canton)

(3.A) - Identify administrative units based on demographic pattern which existed prior to 1981.

(3.B) - Displaced people in the North and East to be re-settled.

(3.C) - The number of administrative units to be decided, based upon viability of such units.

(3.D) - P.R. system of representation should be considered in the apex system.

4. Separate Muslims provincial council

(4.A) - Question of viability vis-a-vis two third (2/3rd) being outside North & East.

(4.B) - Serious consideration should be given to the position of Sinhalese feeling of the South.

(4.C) - Semi economic and political viability should be studied.

(4.D) - There should be no discrimination in the powers vested in the proposed councils.

5. Interim Administration

(5.A ) - Re-construction and re-settlement work.

(5.B) - In keeping with the disbursement of funds from the donor agencies, a time period for the Interim Administration should be stipulated.

(5.C) - Displaced people in the North and East to be re-settled.

A critical analysis of the above, will give us an in-depth view of the problems of the Muslim community, the pros and cons and the strength and weaknesses of the proposals. Let us examine these one by one:-

Demerger

The de-facto merger has already been established. There is no question of a de-merger. The merger was brought about by the then President J. R. Jayewardene on the insistence of the Indian Prime Minister Rajiv Gandhi who wanted a permanent merger so that the Tamils will have a semi-autonomous region under a Sri Lankan Government. But J.R. in order to satisfy the majority community, the Sinhalese, had an escape clause 'that there would be a "Referendum within one year" and that this merger was only temporary. He never had this Referendum nor did his successors, Premadasa or Chandrika Kumaratunga.

The de-merger would be opposed by all the Tamil parties. The LTTE would prefer to go to war than agree to a de-merger. Is the Government ready to resume war? For one thing, there would be a halt to the assistance promised by the donor countries at the conference held in Japan. Foreign investments and tourism would come to a grinding halt. The country is just recovering from an economic crisis. Development work will come to a standstill. The Government has no cash even to meet its recurrent expenditure. The opposition parties are knocking at the doors very hard. The economic failure will lead to the downfall of the Government.

With regard to the resumption of war, there is reluctance on the part of the Sinhalese to join the army and Government is ill-equipped to face a war. While the LTTE, on the other hand, has used the last two years of the ceasefire to build their military arsenal with the latest weapons in the market and had trained a considerable cadre to face the war.

The apex system

This again is based on the assumption that there will be a unitary system of government which has now been ruled out. Unitary system of government has failed to satisfy the aspirations of the minorities and especially the Tamils. The country has come a long way since independence and the most vociferous of the Sinhalese politicians are now convinced that the Tamils should be given some sort of regional power. The Tamils would never accept a unitary system of government.

A Muslim provincial council

The present provincial councils had been established on the basis of the 13th Amendment. The 13th Amendment does not have any provision for a sub-council as it... being proposed by a section of the Muslim Congress. Neither the Sinhalese nor the Tamils would agree to such a proposal. It would be interpreted as a division of the country, by the Tamils and Muslims. Unlike the Tamils, the Muslims are ubiquitous.

They live in small pockets of settlements in the Sinhalese majority areas. There is a suggestion that some areas in Ampara, populated by the Sinhalese be joined with the Uva Province. This would be possible if the Muslims are in a majority in the country but the Sinhalese would prefer to get more land populated by the Tamils and Muslims and not vice-versa.

A considerable section of the Muslim population in the Eastern Province would come under Tamil administration. The Muslims of Kattankudy, Eravur, Valaichena, Oddamavady, Mutur, Kinniya, Mulaitivu, Mannar and Vavuniya would either be pushed out of these areas as it happened in Jaffna, or exterminated as in Kosova. The Muslims in the Tamil administered area would have no political voice and their economic basis would be completely destroyed. We could see this trend in India where 15% of the population, about 130 million Muslims live in eternal fear, and anxiety and are subjected to ethnic violence and we have seen this happening in Gujarat recently. The only safeguard we have now is the support of the Sinhala majority in our country.

4.A:- The question of viability vis-a-vis two-thirds being outside the North & East is a very important factor to be taken note of. The Muslims in the South outside the North - East live in small pockets among the Sinhalese. The Muslims, the descendants of the Arabs, came to this country as traders more than thousand years ago and settled in the coastal areas of the west, and subsequently settled in the Kandyan areas and in the Eastern province when they were driven out by the Portuguese and later the Dutch. Whether in the coastal areas or in the up-country region they settled in closely knit communities among the Sinhalese.

A spark is necessary to ignite the communal violence against the minorities. Under these circumstances, the demand for a separate semi-autonomous council, with new boundaries for the Muslims in the South eastern region could create havoc for the Muslims living in the South. Recent incidents, in Galagedara, Mawanella, Galle, Kalutara and other places have shown how fragile is this peace and harmony. The target is not the religion of the Muslims, but their economic position.

The anti-Muslims violence usually results in the complete destruction of the economic establishments of the Muslims.

Solution

A solution to the ethnic problem should be one that could be accepted by the majority of the people of the country. Most people have come to believe that federalism is the only solution that could prevent the resumption of the civil war or complete separation of the N. E. region from a united Sri Lanka. Here I would like to quote the Federal Party's demand made in 1949, which encompasses the demand of the Tamil community. I quote,

"What we, Tamils want is a federal constitution made up of two linguistic provinces with a federal center at Colombo dealing with defence, foreign affairs and inter-provincial communication. Each province will be its master in all internal matters."

This in short is the basis of the Tamil demand. If the demand was granted in 1949, it could have solved the ethnic problem and prevented subsequent catastrophe That engulfed Sri Lanka. the Federal Party also put forward the idea that the Sri Lankan Federal structure could be based on the Swiss cantonal model. The government in Switzerland is carried on through small area units called cantons. In like manner the Tamil state and the Sinhala state would each be made up of several cantons and each of these cantons would have autonomous powers.

This structure would safeguard the interests of the minority communities, the Sinhalese could have their cantons in the Tambalagamam and Ampara areas, while the Muslims could have their cantons in Mutur - Kinniya, Valaichenai, Oddamavady, Eravur, Kattankudy forming another canton, and a canton for the South east region comprising Kalmunai, Samanturai, Akkaraipattu and Pottuvil while the Tamils could have a canton comprising Karativu, Thirukkovil and Thambiluvil.

The North-East Council could have a two-tier structure one the Lower House, which is called the House of Representatives and the Upper House, or Senate. The members of the Lower House could be elected on the first-past the post system on the basis of population and the Upper House could be represented by the different cantons, the number of seats for the Sinhalese and Muslims should be or par with those of the Tamils, by giving weightage to the cantons representing the minority communities in the North-East, for instance if the Tamils have 50 seats, the Sinhalese and Muslims together should have 50 seats.

It should also be stipulated that no law should be passed without the approval of the Upper House. Subjects such as colonization, land alienation, irrigation etc should be referred to the centre. Further, there should be a clause on the model of section 29(b), of the Soulbury Constitution, that no law discriminatory to any minority religious community should be passed. Any dispute on any matter of contention between the two Houses should be referred to the centre.

The above provision while safeguarding the interests of the Sinhalese and Muslims in a Tamil dominated North East Council could bring about peace and harmony among these communities and could not only lead to the welfare and development of the North East region but also to the development of the whole country. This could also prevent the repetition of communal disturbances between the Sinhalese and Muslims, and Sinhalese and Tamils, in the South.

The proposals submitted by the LTTE for an Interim Council do not fall within the ambit of a federal state. It goes beyond. It can pave the way for an autonomous state. The proposal in fact is for a 'State within a State'. It completely ignores the interests of the minorities - the Sinhalese and the Muslims in the N. E. region.

Given the track record of the LTTE, the Muslims and Sinhalese will be completely subservient to the Tamil majority. It also presupposes a 'Fascist State' where the Tamil state will brook no opposition.

(The writer had served as the Director of Education in the Eastern Province from 1969-1974.)

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Heritage or madness?

by Ravi Perera

On the 29th of October the Southern people were disgraced.

This day, a small group of persons attacked and disrupted the Sinhala Tamil Cultural Festival conducted at the New Town Hall in the heart of Colombo. It was evidently a peaceful and orderly event until then. The participants at the festival belonged to different races and were mainly artists.

One of the aims of the festival was to foster good will and understanding among the different communities who live in our country. Some of the participants had come from remote places in the North and East.

The disrupters apparently belong to organizations claiming to represent the heritage and the interests of the Sinhalese people. We have not selected them for this role. Every time these organizations face an election they fair miserably. But on their own they have decided that they best represent the interest of the Sinhalese and will articulate it in any way they choose. Their action on the 29 was how they chose to make a point.

The Sinhalese, whatever their foibles may be, cannot be accused of being inhospitable to guests. In any Sinhala village an outsider will not go hungry. Even in the poorest Southern house he will have the most comfortable bedding. And to us, the security of a guest is a matter of honour. So what happened on the 29 was not a Sinhalese action. It was a shameful action.

We are a democracy. As such, we value the freedom to express one's views. What was happening at the Town Hall was exactly that. Some of our citizens were peacefully exercising their right to gather, to celebrate their culture and express their views. It was a perfectly legal exercise.

Our system boasts of an elected legislature, independent courts and an impartial police. Admittedly, these institutions can do better. But no one can deny that at least we have these in place. On the other hand the Liberation Tigers of Tamil Eelam (LTTE) is not a democratic movement and in fact do not even pretend to be one. Under the harsh rule of this movement many every day freedoms we take for granted here in the South have become foreign concepts to those living in areas under its control.

So, when a person from the North, taking advantage of the peace that prevails now, visits his capital city it should be obvious to him that he is in a civilized place where everything is different to the desolate land he has come from. In Colombo there should be no fear. Here there is no Gestapo or a Gobbels. He can walk the streets without fear, express his views on any subject, and enjoy all the freedoms guaranteed by the might of a constitution, with the full protection of the law.

This is the difference between living in a democracy and being a subject of an intolerant, absolutist movement.

But what did these visitors to the cultural event experience?

They were subjected to a harrowing attack by a rabid mob and had to be subsequently escorted out of Colombo by the organizers of the event. So where lies the difference between the harsh rule of their tormentors in the North and the mobocracy of the South? It will be hard for our guests to tell!

The artists who gathered at the New Town Hall were unarmed. They belonged to various communities and were peacefully proceeding with their festival when disrupted. Spokesmen of the Sihala Urumaya have alleged that some of these artists were aligned to the LTTE.These spokesmen do not offer any proof of this. Even if it were so, it does not excuse the conduct of the marauding mob. It is a basic tenet of our democracy that any person (including an artist) is entitled to have an opinion. It is no crime if a person's opinion on certain issues conform to that of the LTTE. He does not need the approval of the Urumaya group to express himself or perform publicly.

The situation in the North obviously is very different. There, no person can disagree with the official position of the LTTE without putting himself in grave danger. This organization is no friend of public forums. No artists will freely express himself in the North unless he has suicidal tendencies. The LTTE runs a rigid dictatorship in the territories under its control. In the South it is very different.

But this very difference is what makes us the better and arguably the more civilized part of the country. People, including many Tamil people have voted on this issue with their feet by deciding to make their home in the South. Here, we enjoy freedom, have an accepted legal system and a reasonably viable economy. This factor gives us the moral edge and perhaps is one of the reasons why the LTTE has so far failed to gain international recognition.

The South surely has enough substance and self-confidence not to feel threatened by a cultural show organized by a small group of artists. Historically, we have welcomed foreign ideas, cultures and influences with an admirable openness and intelligence. On the whole, these have been beneficial and have enriched our lives. Many of our cultural expressions such as dance, music and art have been deeply influenced by North and South Indian cultures. In more recent times Far Eastern and Western influences have added to the rich mix that is our culture. Even in our food today we are very cosmopolitan. We are not a bigoted or parochial race.

But, unfortunately, at times we have passively allowed our national stage to be captured by extremists who then did tremendous damage to our interest and image. The infamous July 1983 was one such an occasion. In one short week while the State machinery remained morally paralyzed a small group of evil criminals put our economy back by a few decades.

Our image as a peaceful and democratic nation was shattered. In the international fora we lost credibility. Many investors pulled out and the tourists stopped coming. Worse than all this, the confidence and the trust between the Tamils and the Sinhalese were damaged irreparably with the majority of the former deciding that dialogue was useless. With that we entered what probably has been the most harrowing period of our recent history.

At the most, the number of persons who formed the marauding mobs of July 1983 did not number more than a few thousands. For a population, which was then about 15 million, this was a very small percentage. But the damage they caused to the nation is incalculable.

The various misguided groups that encourage actions of this nature have very little public support. At every election they face they are soundly defeated. Our voter eschews extremes and will not trust pinchbeck Duttugemunus! They are too mature for that.

Sihala Urumaya and similar groups really do a lot of damage to the nation, the very thing they claim they are protecting. The Sinhala nation can only pray that they be saved from their friends!

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