In search of honourable political solution

Extracts of a speech delivered by Douglas Devananda MP, Minister of Social Services and Social Welfare of Sri Lanka in South Africa recently

SPEECH: As a champion of liberation struggles of oppressed peoples around the globe, your country has not only championed the causes of liberation, but of democracy, ethnic and political pluralism, and human rights. It has therefore become necessary for me to brief you of the real situation in my country, Sri Lanka.

I had been a freedom fighter leading a militant organisation, the EPRLF. I had fought the Armed Forces of the Sri Lakan State from mid seventies to mid eighties. I fought for the establishment of a sovereign

 independent state comprising the Northern and Eastern Provinces of Sri Lanka. Prison was part of my life.

I am one of the many Tamil militants, who, after the signing of the Indo-Sri Lanka Agreement on the July 29, 1987, was convinced that our armed struggle had proved the point that the Sri Lankan State could not continue to deny the legitimate rights of the Tamil people, and that it would henceforth be possible for the Tamil people to live as equals with the Sinhalese and the Muslims within a united Sri Lanka, if substantial devolution of powers to the Provinces could be guaranteed by the Constitution.

With that brief introduction, let me now explain to you the causes for the existence of ethnic divide in my country, the current realities and the way out to overcome the crisis.

Post Independent Era

After the independence, Sinhalese nationalists had aspired to recover the status-quo in society which they felt they had lost during the colonial rule.

Overreaction to this notion resulted in many post-independent legislative enactments, administrative directives and Constitutional changes being made by the majority community, the Sinhalese, which were detrimental to the aspirations of the numerically minority communities, the Tamils.

It was made possible by exercising the power of the majority rule under a democratic system.

These actions of the Governments of the past resulted in alienating the Tamils from the mainstream politics of the country and forced them to look for alternative political arrangement to secure their rights.

The political demands of the Tamils today is the resultant of what has evolved out of reaction to events.

Many attempts were made by the Tamil leaders of the past to bring about an amicable settlement to the issues.

But, all the attempts resulted in a series of broken promises and betrayals. There was the Bandaranaike - Chelvanayakam Pact of 1957 SLFP Government. That was the first serious attempt at resolving the problem. The Pact was torn up due to extremist Sinhalese pressures.

Following that, there was the Dudley Senanayake - Chelvanayakam Pact of 1965 UNP Government. That too was not honoured even the 1972 and 1978 Republican Constitutions, which were home grown constitutions, failed to accommodate the aspirations of the Tamils.

Added to these developments was the introduction of standardization for university admissions in 1970. All the passive resistance of the Tamils, for their fair share of power, were crushed by use of force and at times ended up in communal violence.

Indo-Lanka Accord and Thirteenth Amendment

After a lot of bloodshed, came about the Indo-Sri Lanka Agreement of July 1987 and the 13th Amendment to the Constitution which flowed from it.

Prime Minister Rajiv Gandhi of India signed the Indo-Sri Lanka Agreement with President Jayewardene of Sri Lanka which resulted in the establishment of eight Provincial Councils, and, devolution of powers to the Provinces.

The Northern and Eastern Provinces were merged into a single North-East Province. It also conferred on the Tamil language, the status of an official language of Sri Lanka.

A contingent of the Indian Peace Keeping Force (IPKF) arrived in Sri Lanka to help in the implementation of the Agreement. All Tamil militant organisations, including the LTTE, accepted the Agreement and agreed to join the democratic process within a united Sri Lanka.

But a few months later, the LTTE which initially accepted the Agreement reneged on it and began fighting the IPKF. As a result, the Tamils of Sri Lanka lost the benefits that flowed from the Indo-Sri Lanka Agreement.

LTTE has a track record of betrayals of promises, undertakings and agreements. It is so, with the other Tamil militant groups and political parties, governments in power and international communities. Dishonouring of the Indo-Lanka Agreement is one among them.

Demand for an interim administration

The LTTE which pulled out of the talks with the Sri Lankan Government in April 2003 demanded an Interim Administration for the North-East Province under its exclusive control with the ulterior motive of setting up a Fascist regime.

The LTTE’s demand for an extra-constitutional Interim Adminstration should be seen as a politico-military strategy aimed at creating a Cyprus-like situation in Sri Lanka.

It should be seen as a demand to erect a launching pad for the establishment of a one-party Fascist regime in the North-East Province of Sri Lanka.

It also envisages obtaining legitimacy for its police, judiciary and bank in the North-East Province which by themselves should be seen as fore-runners to the establishment of a one-party Fascist regime.

Setting up of an Interim Administration for the North-East under the effective control of the LTTE would have tantamount to an act that would destroy democracy and pluralism among the Tamils of Sri Lanka.

We however, see the need for the setting up of an Interim Administration only as an integral part of a political package, as only a political package would contain safeguards, including provisions for decommissioning and surrendering of the deadly weapons in the hands of the LTTE.

An Interim Administration controlled by illegal weapons would pave the way for a Fascist dictatorship.

LTTE terrorism

The Ceasefire Agreement has given undue advantages to the LTTE. The LTTE has been able to extend its away over Government-controlled areas as well, thereby weakening the writ of the Government.

During this ceasefire period, several members of political parties and civilians who did not subscribe to the policies of the LTTE or refused to meet with the extortion demand of the LTTE were assassinated by the LTTE.

Several members of EPDP, PLOTE and faction of the EPRLF have been abducted, beaten, fired upon, attacked with clubs, swords and grenades, and even killed.

These acts are undertaken with the sole aim of physically annihilating the membership and leadership of the EPDP, EPRLF and PLOTE, and to thereby achieve the status of ‘the sole representatives of the Tamils of Sri Lanka’.

My party, the EPDP, lost many lives at the hands of the LTTE’s death squads during this period. I submit to this forum a detail list of killings, abductions, attempt to murder and causing injuries to EPDP members by LTTE.

The LTTE made several attempts on my life, as well. During an attempt made in June 1998, I lost the sight in one of my eyes.

In July 2004, I survived another suicide attempt on my life when a LTTE female suicide bomber tried to walk into my Ministry office which resulted in the death of four police personnel and injuring many.

The LTTE has also been targeting members, activists and supporters of these parties. The LTTE terrorists are not only killing party members, activists and supporters, but even the members of their families, including children and infants.

In parallel to these hostile acts against political parties and their supporters, the LTTE is also engaged in hostile acts such as child conscription, abduction, murder and extortion involving ordinary civilians.

The abduction of adults and children and the forced training of elderly have not abated. The conscription of children to the LTTE’s army goes on despite undertakings to the contrary given by the LTTE to the International Community.

Extortion, which is respectably termed as ‘taxation’ by the LTTE has reached alarming proportions. It has been estimated that the LTTE is collecting millions of Sri Lankan rupees per month through extortion.

The LTTE has set up its own police force, its own judiciary, and its own bank in the areas of the North-East under its military control. These institutions have begun to extend their sway over government-controlled areas in the North-East as well.

The kangaroo-courts of LTTE are trying persons in government-controlled areas for what the LTTE considers as offences. The LTTE are arresting persons in government-controlled areas and transferring them to the LTTE-dominated areas.

Other political parties are unable to function freely in the North and East. Political activities by these parties are hampered by means of intimidation, threats, physical attacks or abductions by the LTTE.

Democracy and political pluralism in the North and East are being systematically destroyed by the LTTE and the Tamil media is under constant threat.

The LTTE has done more damage to the cause of the Sri Lankan Tamils than any other player. The LTTE has sabotaged every attempt to a reasonable political solution to the ethnic problem of Sri Lanka.

The sole aim of the LTTE is the establishment of a one-party Fascist regime by the name ‘Tamil Eelam’ in the North-East of Sri Lanka.

Over the past several years A. Amirthalingam, V. Yogeswaran, A. Thangathurai, Mrs. Sarojini Yogeswaran and Dr. Neelan Tiruchelvam of Tamil United Liberation Front the TULF, Kumar Ponnambalam of the All Ceylon Tamil Congress the ACTC, Sri Sabaratnam of the TELO, K. Padmanabha, Sam Tambimuttu and Kala Tambimuttu of the EPRLF are some of the Tamil leaders brutally murdered by the LTEE. The leaders who succeeded them were cowed down and compelled to form a loose-knit Tamil National Alliance (TNA).

TNA

This Alliance which was formed prior to the last Parliamentary election held in April 2004, had a majority of members elected to Parliament through a massive programme intimidation of voters and vote-rigging carried out by the LTTE.

Thus, the TNA became obliged to be subservient to the LTTE. Today, the TNA, for its part, plays the role expected of it by the LTTE, namely, to tell the world that they, as the majority of the elected representatives of the Tamils, recognise the LTTE as ‘the sole representatives of the Sri Lankan Tamils’.

At this point I would like to tell the audience of how the LTTE nominees, the so-called I am National Alliance, the TNA, but in fact, Tiger Nominated Agents, were sent as Members of Parliament from the North-East in the last general elections held in April 2004.

Out of the many reports received from international and local monitors I wish to quote from the report of the European Union Election Observation Mission, the EU to show how the elections in the North-East were rigged.

I quote:

“If the election results in the North and East had been a critical factor in determining who formed the government, it would have raised questions about the legitimacy of the final outcome. The events that took place in this part of Sri Lanka during the course of this election were totally unacceptable and are the antithesis of democracy.” Unquote.

The Commonwealth Monitoring Mission, the Centre for Monitoring Election Violence, the CMEV, and the PAFFREL have also made similar observations on the rigging that had taken place in the North and East on behalf of the TNA, the proxies of the LTTE.

Role of SLMM

The Sri Lanka Monitoring Mission (SLMM) comprising members from the Nordic countries is a passive spectator to the ongoing terror and violence carried out by the LTTE. Throughout the past five years, the LTTE has been violating Articles 1.2, 1.7 and 2.1 of the Ceasefire Agreement with impunity.

The affected parties had on several occasions brought to the notice of the SLMM that the LTTE was violating provisions of the Ceasefire Agreement, but to no avail.

The SLMM has been reduced to a powerless puppet working on a specific political agenda. Members of the SLMM cannot function independently, with any right or mechanism to do their work, particularly, in LTTE held areas. They could only inquire into any complaints by seeking information, but cannot take any deterrent action.

Due to the fact that members of the LTTE are included in the SLMM, names and addresses of complainants against the LTTE fall into the hands of the LTTE, endangering their lives.

The whole system of inquiry has thus become meaningless. The SLMM is not in a position to act on many complaints of extortion, fines, illegal levy referred to as taxation, kidnapping, hijacking of vehicles etc., against the LTTE.

Present ground situation

The LTTE is the cause for the current crisis in the North and East. The closure of the Mavilaru Anaikattu in Trincomalee district in the last week of June, 2006, the attack on the security forces on the 11th of August, 2006 in the Jaffna peninsula with the aim of capturing Jaffna and the subsequent widespread attack on the armed forces, lead to the present deteriorating situation in the North and East.

Although the A9 route was closed for travel and transport to and from Jaffna peninsula for security reasons, the Government invited the private traders to transport goods by ship.

But the LTTE threatened the traders from transporting goods by sea route, thus trying to create an artificial shortage of food and essential items, so that they can invite the attention of the international community that the government is starving the Tamil community.

But on the initiative of the Government the situation is reverting back to normal.

Aspirations of the Tamil speaking people

What the vast majority of the Tamil people of my country are yearning for, is an honourable political solution within a united Sri Lanka, based on devolution of powers to the Provinces.

They would be contended with a political solution, which recognises the permanent merger of the Northern and Eastern Provinces into a single Tamil linguistic Province, with substantial devolution of powers.

As the Muslims who also speak Tamil are desirous of safeguarding their distinct cultural and religious identity, an internal autonomy arrangement for the Muslims majority area of the proposed Tamil linguistic province would meet the aspirations of that community as well.

Having taken note of this longing of the Tamil people, the Eelam People’s democratic Party, the EPDP, the party which I have the honour to lead, has right along clearly spelt out its solution to the ethnic problem of Sri Lanka.

I would like to take this opportunity to highlight what we consider should be the salient features of such a solution.

Role of my Party, EPDP

The EPDP stands for peaceful coexistence of all citizens within a united Sri Lanka. The EPDP believes that this is possible with asymmetric devolution of powers to a permanently merged North - East Province and by sharing of power at the Centre.

The EPDP is in the vanguard of the struggle for political pluralism, democracy and human rights in the North-East Province.

The EPDP made valuable contribution in drafting a new constitution for Sri Lanka, which was presented to the Sri Lanka Parliament in August 2000.

Unfortunately political expediency on the part of certain sections of the Sinhalese and the Tamils sabotaged the passage of that new Constitution.

The EPDP firmly believes that while a political solution to resolving the ethnic problem of Sri Lanka is an immediate necessity, and that such a solution should not be achieved by sacrificing democracy, political pluralism, and human rights of any section of the Sri Lankan society.

We, of the EPDP, for our part, have always played our role in the interests of the Tamil people whom we represent. We had extended support to every Sri Lankan Government that had shown a desire to find a durable political solution to the ethnic problem.

When the Ceasefire Agreement was signed, we returned the weapons that had been given to us by successive governments to protect ourselves from the LTTE. We did this in order to make the Peace Process a success, knowing very well that such action would expose our membership to physical danger.

My party, the EPDP, is of the view that the ethnic issue - unlike the issue of Tiger terrorism - has to be approached in a pragmatic way, relying essentially on negotiations and avoiding military confrontations.

We could achieve a contented and prosperous future, only if we approach our problems with a pragmatic and a clear vision. Democracy. Pluralism and Human Rights should be given prominence in any new initiative taken by the Government.

Hence, we have presented a Three Stage Solution that, while meeting the legitimate aspirations of the Tamil speaking people, will also have the support of all the communities in Sri Lanka.

The first stage is to implement the 13th Amendment, which was the outcome of the Indo-Sri Lanka Accord, to the constitution in full in the North-East province. North East Provincial Council can be activated by giving political leadership to the existing administrative mechanism in the region.

The second stage is to reinforce the 13th Amendment by conferring additional powers on the North and East Provincial Council to make them centres of greater authority.

This can be achieved by amalgamating the subjects in the concurrent list with the Provincial Council list, which can be achieved within the Constitutional arrangements.

The third stage would be, with the consensus reached among all the political parties in the APRC and with the LTTE, to arrive at a lasting final political solution.

If we implement the above two stages, the whole country will move towards the final solution. At this stage, the LTTE too will be forced to accept a peaceful political solution.

This is an outline of the political approach of my party, the EPDP, regarding the cherished aspirations of the Tamil people. I am tabling the report titled “Pragmatic Solution of the EPDP” to be circulated to all the participants.

All parties’ committee

At this juncture, it is important to recognise that for the first time in the history of Sri Lanka, on the initiative of President Mahinda Rajapaksa all major political parties have come forward to find a solution to the political problem of the Tamil people. He appointed two committees for this purpose, one committee consisting of party representatives, known as APRC and the other consisting of experts.

The experts committee has already come out with their proposal, while the APRC is still in the process of presenting a final document. It is left to the representatives of the Tamil-speaking people of Sri Lanka to clinch this opportunity. If not, they would tantamount to betraying their own people.

All the peoples of this country, the Sinhalese, the Tamils and the Muslims have suffered for more than a quarter century due to the war.

The war has resulted in thousands of death. It has produced thousands of widows, orphans, disabled and displaced. The damage to property is extensive. It is necessary to put and end to this cycle of suffering of our peoples.

As leaders, It is our duty to rise above petty party politics and to act with statesmanship. History is presenting another opportunity under the leadership of Mahinda Rajapaksa and it is left to the Tamil leadership to grasp it.