Readiness for a solution to the conflict

Wasantha Priya Ramanayake - Translated by A.A.M. Nizam

“The Tamil people have understood that there is no alternative but to wage war to win the right to take our own decisions. By self-decisions it is meant that our right to decide freely, only by ourselves, without any external interference on matters that affect our political life.” Velupillai Prabhakaran made this statement in his last Mahaviru Day Message in 2008. On whatever grounds attempts were made to hold discussions with them, the Tiger’s demand was clear. He emphasized by “Right to decide freely by ourselves without any external interference” was a ‘Confederation’ or ‘United’ status. Or else with the right to exist as two separate nations in one country.

By commissioning the Kokavil telecommunication transmission tower, President Mahinda Rajapaksa reiterated that he is not prepared to grant this Tiger demand. That he is not prepared to grant it under any pressure or under any circumstance. He re-emphasized that “Some demand what the Tigers demanded. Under any circumstances what the Tigers demanded will not be granted.” “Political solution is an internal affair of ours. This we should discuss with the political leadership of the North and with the political leadership of the South. It cannot be forcibly imposed”, the President further said on that occasion.

Political solution

“My government is ready for a political solution. It should be based on devolution of power, ensuring democracy and politics and all rights of our Tamil brethren including the language rights within an undivided Sri Lanka” - President Mahinda Rajapaksa (The Hindu November 2, 2008).

“My final result will be ‘maximum power devolution within a unitary Sri Lanka’ (Extract from the speech made at Asian Association in 2006)

Even at this moment a political solution prevails in this country through the 13th amendment to the constitution. That is the Provincial Council system. It was the government of President J.R. Jayewardene that introduced a system of power sharing through the Provincial Council system created under the Indo-Lanka Agreement of 1987. It is a process of power sharing in a unitary Sri Lanka. Therefore, the 13th amendment has become a part of the constitution. The President of a country is legally obliged to safeguard the constitution. There is no doubt that President Mahinda Rajapaksa also respects this principle. But shortcomings and problems in it should be sorted out through discussions.

Now everyone has realized that there are many shortcomings in the 13th amendment. The political discussion about this commenced during the time of the war. The Chandrika government brought the constitutional amendment of the year 2000 to overcome such shortcomings. The present government is also composed of a majority who were associated with that. Therefore, overcoming the shortcomings would become easier. What the United National Party did then was to destroy that constitution by burning the draft of it in the Parliament chamber. This is what is called opportunistic politics. Therefore, it was not possible then to remove the shortcomings of the 13th amendment.

Indian Peace Keeping Forces

The LTTE never agreed to the 13th amendment to the constitution. It is because of that Indian Peace Keeping Forces came to Sri Lanka. From 1987 the battle against the LTTE was carried out since the LTTE did not agree to the 13th amendment. It is because of this that Prabhakaran and other terrorist leaders got killed two years ago. Except the LTTE all other armed groups agreed to the 13th amendment. They included EPDP, EPRLF, PLOTE, TELO, EROS etc. The war was continued since the LTTE did not agree. It is because of this that President Mahinda Rajapaksa repeatedly says that what the Tigers demanded will not be granted even through other means. If what the Tigers demanded will be granted there will be no meaning to the war victory. It is this matter that Presiddent Rajapaksa reminds and not about a matter relating to the 13th amendment.

If there is a problem about the Provincial Councils the government can use its 2/3 majority in the Parliament and annul it. The government also has that strength. If the system brought by J.R. is fallacious it can be annulled. The government is not doing it because it supports this kind of power distribution. The reason for not doing that or not presenting another proposal unilaterally, clearly shows that the government and the President is prepared to do the right thing through a wide political debate. Or else it shows that he is prepared to implement the 13th amendment accurately.

The shortcomings in the 13th amendments and the non-implementation of powers have now become a problem for the Provincial Councils in the South as well. The Chief Ministers who met at Kukuleganga Holiday Resort showed their unhappiness as an expression of dislike.

Lankadeepa reported on October 8, 2011 “We do not want useless powers - A declaration by the Chief Ministers”. It said that “The Chief Ministers have decided to request to revoke the powers confined only to law books and to the name-boards.”

Administrative system

“Although many subjects have been vested with the Provincial Councils established in accordance with the 13th amendment to the constitution, the Chief Ministers claim that the Provincial Councils are not being given financial allocation required for implementation of most of these powers and they lack sufficient government officials” (Lankadeepa - October 8, 2011). In the meantime the Opposition groups in the Provincial Councils are reported to be preparing to file legal action demanding to grant powers due to them. “We would take action against the Central Government taking the powers of the Provincial Councils” (Sanjeewa Kaviratne - U.N.P. Provincial Council Member: Lankadeepa dated June 8, 2011)

“Power sharing has not been done in accordance with the 13th amendment to the constitution. If that was done even in 1987 we could have reached a solution.” (M.A. Sumanthiran - Divayina dated February 15, 2011)

Therefore, a need for a political debate on the 13th amendment has arisen. The 13th amendment has been formulated in line with the Provincial Administrative system in India. There is a possibility to create a new crisis in India to grant powers to Provincial Councils in Sri Lanka that are not even enjoyed by the provinces in India. Therefore, it cannot be imagined that India is making such a demand from us. Even in Indo-Lanka declarations such a thing was not mentioned.

The ethnic conflict in Sri Lanka has a history of over 50 years. The late Prime Minister S.W.R.D. Bandaranaike and several other government leaders burnt their fingers by attempting to provide a solution to this issue. Or else fell down. S.W.R.D. was compelled to tear down the ‘Bandaranaike-Chelvanayagam Pact’ publicly. It was the leftists who went on processions saying ‘Dudly’s stomach is filled with Masala Wade’ (Dudlige Bade Masala Wade) in 1966 against the Rata Sabha Act who demand President Mahinda Rajapaksa to expedite solution. Or else it was their followers who make such demands. Therefore, the President needs some time-frame to do this. There is a saying in the South that even if you eat curd it should be done according to the established customs (Kiri Kewath Sirittamata). President Mahinda Rajapaksa knows about this very well.

“According to the statements made by the President locally and internationally, he is ready for a meaningful devolution of power”. (M.A. Sumanthiran - Divayina dated February15, 2011). Opening discussions with the Tamil National Alliance shows that the President is prepared to carry out the work through a wide political discussion. There should be a time-frame for it. It is clear that he is not prepared to get his fingers burnt as it happened to his party leaders and the leaders of the Opposition party. It is what is called using the experiences gained. Some may see this as prolonging the time. It is the responsibility of this government to manage the issue in a manner that there will be no flames burning in the South and the North.

Devolution of power

Those who hold independent and centric views opine that the country now has the best leader who could solve the ethnic issue which has dragged without a solution for over 50 years. He is President Mahinda Rajapaksa. The reason for this is that a leader who is not acceptable to the South cannot provide a solution to the problem of the North. This is also the best opportunity.

It is India that we have both for the better and the worse. India was always on the sideline of this issue. It has also become a problem to India now. That is to have a control over Tamil Nadu. India is not prepared to protect Sri Lanka to the extent that could create problems in Tamil Nadu. Sri Lanka has also to think about this fact.

The Nobel Laureate Amyartya Sen mentions that in the East there was a mechanism of solving issues by holding discussion in getting together instead of arguing by dividing into two camps. It is clear that this concept originated in line with Buddhism. The time has come now for us to get together and arrive at decisions through discussions. It is a crime to let this golden opportunity get miscarried.