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| Tuesday, 18 May 2004 |
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A final solution to the ethnic problem by H. Ratnapala Jayawardena The discovery of a final solution to our problem has become the most urgent need of the moment. If the Tamil leadership is genuinely interested in the well-being of the Sri Lankan Tamil population, a happy solution is not far to seek.
The objective of this Article is to examine and explain a happy, lasting, practical, solution to this problem. However, once again it must be stated that success in the implementation of the suggested solution will depend on the honesty and genuine interest on the part of the actors in this political drama. Now, we will, proceed to examine the solution in hand. The Preamble to the "Proposal of the LTTE to establish and Interim Self-Governing Authority for the North and East Provinces of Sri Lanka" gives a useful hint towards the correct solution to this problem. The Preamble contains twenty-five sections. Particularly, the 23rd and 24th sections therein tell us very eloquently where to find the solution to this apparently chronic problem. The 23rd section in the Preamble states as follows: "Mindful that the Tamils did not participate in the making of the 1972 and 1978 constitutions which institutionalized discrimination, and denied them an effective role in the decision-making process; noting the practice in international relations over the last decade of solving conflicts between peoples through agreement between the parties to the conflict on terms of equality and through innovative and imaginative measures." It is absolutely clear from this statement that the correct course of action to be followed by the LTTE, was to compel the Government to introduce a new constitution based on a nation-wide participation, and, further, preferably, to submit to the Government a Draft of a new Constitution, and demand due consideration of the same. Clearly, in such an effort, the LTTE would have received the support of the other Tamil Parties, the Muslim Parties and the Marxist Parties in particular, and all political groups of the opposition in the parliament and outside the Parliament, in general. But the LTTE avoided this logically correct course of action and demanded a separate Tamil "Eelam" state comprising of the Northern and Eastern Provinces of the Island and embarked on a belligerent policy, looking at the issue through racially tinted glasses. When the new Government and the LTTE re-entered the new phase of peace talks in 2001, the LTTE continued to postpone a final solution and demand an Interim self-Government, through Agreement, not through constitutional devolution of power, and what is more, proceeded to enhance its military strength and logistics. At least political elites know that an Interim self-Government is an essential preliminary step to a complete separation to form a Sovereign state. The proposals of the LTTE contains all essential elements of a Sovereign state. Naturally, under these circumstances the final goal of the LTTE has been open to doubt, and both the national and international elites have been kept guessing. This ambidextrous behaviour of the LTTE is vividly seen in section 24 of the Preamble, which states as follows: "Relying on international precedents for establishing interim governing arrangements in war-torn countries, having the force of law based solely on pacts or agreements between the warring parties recognized by the international community." Parliamentary solution It is obvious from this statement that the LTTE has either forgotten or ignored the fact that the armed forces in Sri Lanka followed the policy of "use of minimum force" in suppressing terrorism in the North, and took every possible step to protect the innocent civilians. Whatever the reasons for the dissolution of the Parliament in 2004, paving way for a General Election could have been, it is amply clear from the Election results that it was the urgent desire and the anticipation of the people at this most crucial juncture. At this General Election, the people, acting most enthusiastically, peacefully, and with determination, exercised their franchise in an unprecedented calm environment, free from interference, except, perhaps, in the Northern and Eastern Provinces. At this Election the people of Sri Lanka have given a clear mandate to the People's Alliance led by the SLFP, to solve this ethnic problem, which was the main issue on the Election platform, by meeting the fair demands of the minorities through a truly democratic, new constitution. However, this crystal clear verdict of the People's Sovereignty has got reflected in the Parliament in such a precarious way due to inherent defects in the 1978 constitution, that there is a deep-seated fear that this verdict will be rendered null and void. If the Parliamentary Opposition fails to co-operate with the Government in passing a new constitution providing for a sufficient decentralization of power within the framework of the unitary state the sovereignty of the people will be called upon to solve the problem through direct involvement. As this is the last resort in the Democratic system of Government, this technique must be used with utmost precaution. A guideline for a fool-proof "modus operandi" for direct action by the people's sovereignty may be set forth as follows: (a) The Government and the LTTE as well as other interested political elites may, each, place its own draft of a suitable constitution before the people through mass media. (b) The Government may discuss these proposals with all parties concerned, and draw up a document on the consensus of opinion of all parties, as far as possible, and place the same before the people through mass media. (c) After accommodating public opinion, the final Draft of the Constitution may be placed before the sovereignty of the people at a Referendum, for approval. (d) The new Constitution will be deemed to have been approved at the Referendum, on receiving in its favour, not less than fifty percent (50%) of the total number of registered votes (This is a fundamental cannon of Democracy) (e) Voting at this Referendum must be made compulsory by introducing punishment for non-compliance amounting to deprivation of the right to vote, at the next General Election or for a specified period not less than seven years. (f) In case of handicapped voters, facilities may be provided for the exercise of franchise at the Referendum as necessary, at the expense of the Government. It should be born in mind that, except the above solution, whether in the present political arena, or in the visible future, no other peaceful solution to this problem can be seen, this side of the political horizon. May the Divine Power above bless all Sri Lankans with a truly democratic constitution! |
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