Features
Full implementation of 13A– Final solution to ‘national problem’ or end of unitary state? – Part IX
by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Part VIII of this article appeared yesterday (09)
After Mahinda Rajapaksa became President in 2005, I sent him a letter, as the Executive Director of the Lawyers for Human Rights, narrating this experience and explaining this plight of educated jobless youth in the North and requesting him to appoint them as teachers to all the Sinhala schools in the country to teach Tamil to children, at the same time appointing Sinhala youth to all the Tamil schools to teach Sinhala to Tamil children. This would certainly have resulted in bringing about a better understanding between the Sinhala and Tamil communities. There was not even an acknowledgement of the receipt of this letter.
When Prof. G. L. Peiris was appointed Minister of Education in Gotabhaya Rajapaksa government in 2019, I again made this request. He highly appreciated the suggestion and expressed his desire in public to give effect to it. But before he could take any practical steps, his Ministry was changed.
Tamil politicians do not like Sinhala people learning Tamil or Tamil people learning Sinhala. They know that if the Sinhala and Tamil people can communicate with each other overcoming this language barrier, they cannot hoodwink the Tamil people and keep them under their domination. The demands made by Tamil Political parties are not those of the ordinary Tamil People. They are the demands of high caste elitist circles in Tamil society leading the Tamil political parties with the dream of setting up the separate state of Tamil Ealam in the North and the East of Sri Lanka and governing it. It was they who provided the leadership, remaining behind from the scene, to the Tamil youth to carry on the 30-year war, giving effect to the Vaddukkodai Resolution of 1976.
If President Wickremesinghe actually thinks that he can bring about real national unity, harmony and national reconciliation among the Sinhala and Tamil People by acceding to the demands of the Tamil political parties in the North and the East, he is only day-dreaming. When he talks of the common dream of Sampanthan and his, he knows what the dream of Sampanthan is. He is playing a political game to get the support of Tamil diaspora for his economic revival plans. With his proposals placed before the All-Party Conference in Parliament on August 8, he is only laying the groundwork to enable Sampanthan to achieve his cherished goal of setting up a federal state in the merged North -East functioning under a unitary label. He cannot be unaware of what will be the final outcome of this process. As shown by his past political decisions, it is compatible with his thinking.
As shown by the results of the Presidential elections of 2019, the thinking of Wickremesinghe and that of the Leader of the Opposition Sajith Premadasa and his Samagi Jana Balavegaya appears to be the same. (See Table)
At the 2019 presidential election, the TNA consisting of all the Tamil political parties and led by Sampanthan forwarded 13 demands to the candidates of major political parties, extending their support to the one who accepted them. From the preamble and the first demand in the list appearing below, one can get a clear idea of as to the solution these Tamil political parties are seeking for the Tamil National Question:
‘‘Having realized that the final solution to the long standing Tamil Ethnic issue, which has remained in the Island of Sri Lanka as an unresolved National Question for several decades and been the cause for the war which extended for over three decades, would be the – (1) Acceptance of the political aspirations of the Tamil Nation; (2) Recognition of the Northern and Eastern Provinces as the historical habitat and the traditional homelands of the Tamil Nation: (3) Acknowledgement of the Sovereignty of the Tamil Nation and (4) Realisation of the fact that the Tamil People under the provisions of International Law are entitled to the right of self-determination, accordingly the creation of federal rule in the merged Northern and Eastern Provinces would be our considered stand-point.
‘‘With the hope of finding a final solution to problems of Tamil People the following demands were presented to Presidential candidates of major political parties:
‘‘ A solution to the Sri Lankan Tamil issue must be found by setting up a new federal constitution, rejecting the heretofore unitary constitution, accepting the nationhood of the Sri Lankan Tamils, and recognizing its sovereignty, and accepting that Tamils under the provisions of the International Law are entitled to the right of self-determination.’’
Premadasa or his party did not make any public statement as to whether he would accept these demands or not. However, the results in the districts constituting Northern and Eastern Provinces are a clear indication that Sajith Premadasa and his party had accepted these demands.
Premadasa won all the Districts in the Northern and Eastern Provinces represented by TNA MPs with an overwhelming majority of over 72% of the total votes cast. Out of his 69 million votes, Gotabaya Rajapakss got only 277,199 votes from all the five districts. There need not be any more proof of the understanding between the SJB and the TNA on these demands.
TNA spokesman M. A. Sumanthiran, in a statement issued on 01.08. 2023, following the discussions of the Tamil Political parties with the President stated all their demands in just one sentence: ‘‘Our position is that power sharing must be in a federal structure, consistent with the aspirations of the Tamil People expressed at every election since 1956.’’
Sumanthiran has taken care not to arouse fear in the minds of Sinhala people with unnecessary details of their discussion about their demands. He has summarised all their demands made since 1956 in this short sentence.
What are the aspirations of the Tamil People expressed at every election since 1956? A. Acceptance of Tamil People in Sri Lanka as a nation distinct from that of the Sinhalese; B. Northern and Eastern Provinces of Sri Lanka are the areas of traditional, historical habitation of the Tamil speaking people;
C. Merger of the Northern and Eastern Provinces to constitute one administrative unit;
D. Full devolution of power going beyond the 13th Amendment, creating a federal rule in the merged North – East Province;
E. The Tamil Nation has an inalienable right to political autonomy/self-determination.
As Sampanthan has repeatedly said on several occasions : ‘‘ Our expectation of a solution to the ethnic problem of the sovereignty of the Tamil people is based on a political structure outside that of a unitary government, in a united Sri Lanka in which Tamil people have all the powers of government needed to live with self-respect and self-sufficiency…. We must have unrestricted authority to govern our land, protect our own people, and develop our own economy, culture and tradition…
‘‘ We are not looking to divide the country. We are only trying to share power, the country will be one united, undivided, indivisible country….
‘‘ All the powers required to ensure the unity and indivisibility of the country – defence, foreign affairs, finance and currency and immigration and emigration – would remain with the Central Government….
‘‘ We must have all the other powers. Meaningful devolution should go beyond the 13th Amendment to the Constitution passed in 1987. ’’
Let us see what will happen to this country if President Wickremesinghe’s proposals made at the All-Party Conference are carried out:
According to the decisions of our Supreme Court, the Provincial Councils are already exercising federal powers. However, due to the executive power exercised by the President through the Governors and the Legislative power exercised by our Parliament to decide on National Policies and enact legislation on the subjects in the National List, the Provincial Councils have not become full federal states. With the implementation of the proposals of the President, the Provincial Councils will become full Federal States exercising sovereign legislative and executive power over all the subjects within their purview.
With the merger of the Northern and Eastern Provinces into one administrative unit, the North-East Provincial Council under TNA control, with only 12.6 % of the population of the country, will get the full control of 30% of the land area of Sri Lanka and 60% of its coast line extending from Silawathura in Mannar District to Yala boundary in the Moneragala District.
(a) Trincomalee, the strategically important, the largest natural deep-water harbour in the world and three other harbours – Mannar, Kankasanthurai and Oluvil; (b) Palali International Airport and 3 other internal Airports – Trincomalee, Batticaloa and Ampara; and (c) Indo – Lanka ferry services operating from Talaimannar and Kankasanthurai – will come under its control.
The North and the East are very rich in mineral resources. One of the world’s largest and best ilmenite deposits is at Pulmuddai. Pearl Fisheries are at Mannar. Though not exploited yet, explorations have discovered the existence of large deposits of oil and natural gas in the sea around the North – East Coast. The sea around the North – East is so rich in fishery resources, even the fishing community from areas like Negombo and Gandara and Tangalle in the South go to Mulathivu – Trinco areas for off-season fishing. All these resources will come under the sole control of the North – East Provincial Council. The Centre may not able to exercise any effective control over them, without going to clash with them. The other Provincial Councils do not have such abundance of natural resources.
One main allegation made by all the Tamil political parties against successive governments is the settlement of Sinhala people in the North – East under various development schemes like Galoya Scheme and Mahaweli. Let us see what they say: ‘‘ Successive Sinhalese governments since independence have used their political power to the detriment of the Tamils by making serious inroads into the territories of the former Tamil Kingdom by a system of planned and state-aided Sinhalese colonisation.’’ – (Vaddukkodai Resolution)
‘‘Sinhala colonisation in the Northern and Eastern Provinces presently with state assistance must be stopped immediately.
‘‘Since the Mahaweli Development Authority is engaged in planned Sinhala Colonization in the Northern Province under the pretext of redirecting of the Mahaweli River to the North, the jurisdiction of the said Authority must be forthwith terminated. Also the planned Sinhala Colonization taking place in the Eastern Province under the Mahaweli Development Scheme must also be terminated.
‘‘ The Moragaskanda Irrigation Scheme recently introduced is indulging in planned Sinhala Colonisation in the Vanni Region. All such Sinhala Colonization must forthwith be terminated.’’ – (13 Point Demands of TNA to Candidates of Presidential Election, 2019)
In their view the Sinhala People have no right to set up settlements and live in the Northern and Eastern Provinces. If they can make this type of demands when they have no State Power, what would not they do, if they get State Power into their hands? If these proposals are implemented, with Police Powers and Land powers in their hand, they can create a situation in which ‘‘those Sinhalese who are still living in the North and East, including those in Ampara and Trincomalee, would necessarily leave their lands and flee to the South.”
The bulk of the uncultivated arable land with irrigation facilities in the country is situated in the Northern and Eastern Provinces. All the other provinces are more thickly populated than the Northern and Eastern Provinces. Lack of arable land suitable for human settlement is a big problem these areas are facing. All the major reservoirs built under the Mahaveli Scheme and for hydropower generation are situated in the Central, Sabaragamuwa and Uva Provinces and hilly areas in these Provinces and in Kalutara, Galle and Matara districts are highly susceptible to landslides. Whenever there are heavy rains, several times a year, the Disaster Management Centre issues urgent warnings of landslides and the people in these areas have to live in constant fear. There is a danger of large number of people in these areas being displaced due to these natural disasters.
However, the government of Sri Lanka will not be able to set up settlements for these people in any area in the North- East however much unoccupied arable land with irrigation facilities suitable for large scale human settlements available there.
As President J. R. Jayewardene said in his Address to Parliament in 1986: ‘‘If they are implemented, the TULF would have all but attained Eelam. It need hardly be said that even if the demand for a Tamil Linguistic State is granted, further problems and conflicts are bound to arise between that Tamil Linguistic State of the North and East and the Centre. Water, hydropower and the apportioning of funds are some of the areas in which conflicts could arise. A cause or pretext for a conflict on which to base a unilateral declaration of independence could easily be found. There can be little doubt that what the TULF seeks to achieve by its demands is the necessary infrastructure for a State of Eelam, after which a final putsch could be made for the creation of a State of Eelam, comprising not only of the North and East, but of at least the hill country and the NCP as well.”
According to the International Court Judgement in the case of East Timor vs Portugal, the North-East administration, with shared sovereignty, can make an application to the International Court for its recognition as a separate state where their sovereign right is denied by the Centre over a conflict. That is why the TNA and other Tamil political parties repeatedly raise the demand: ‘‘ Tamil People under the provisions of International Law are entitled to the right of self-determination.’’ As JR said they will create a conflicting situation with unreasonable demands that no sovereign state can grant, and on the pretext of that they will try to create Eelam. The implementation of President Wickremesinghe’s proposals is likely to facilitate the establishment of a separate state in the North East of Sri Lanka. They will be able to achieve with international support, what they could not achieve with 30 years of war. Former President Mahinda Rajapaksa and his Podu Jana Peramuna will have no right to brag about their achievements in the 30-year war, unless they are prepared to come forward to prevent this with effective measures. Otherwise, they will also be equally responsible for the impending disaster of destroying unity and territorial integrity of Sri Lanka. (Concluded)