Can the Belgian model be applied to Sri Lanka?:
The question of federalism
C. V. Vivekananthan-Attorney-At-Law-Wednesday, January 10, 2018
Belgium is only about half the size of Sri Lanka. Her population too is about half of Sri Lanka. Belgium has many deeply rooted linguistic groups, unlike Sri Lanka. Sri Lanka has only two linguistic groups, Sinhalese and Tamils. Muslims in Sri Lanka speak either Sinhalese or Tamil.
Brussel, the capital city of Belgium is bilingual though the majority are speaking French.
In Belgium, two major language groups exist, Dutch and Flemish about 55% and the French about 44%. There is also a tiny German-speaking community, concentrated in the region, bordering Luxembourg to 1%.
Belgium Constitution is flexible and provides effective representation to each ethnic group.
In 1970, Belgium was unitary. A successful change from unitary decentralized State to a successful federal structure was made constitutionally and nonviolently. The majority never jumped to crush the demands of the minority by violence, bloodshed or communal riots. No one ever argued that federal structure would lead to separation. Five decades had passed since the change to federalism but no part of Belgium had attempted to go for separation.
Belgium Constitution is designed in such a way to provide economic and cultural regional autonomy.
Belgium was asymmetrical but not providing asymmetry between the powers of different Regions or Communities. It applies to the asymmetry of Belgium Federation System. However, Regional and Community Jurisdictions have evolved asymmetrically.
Belgium has now provided a high degree of devolution and decentralization. Federal and Regional Laws are par with each other but only subordinate to the Constitution.
Plea of Federalism
It is a well-known fact that in or about 1926 the Kandyan Sinhalese wanted federalism. In the same year, S.W.R.D. Bandaranaike, the most productive politician of the then Ceylon, has proclaimed “a thousand and one objections could be raised against the system but, when the objections are dissipated, I am convinced that some form of Federal Formula be the only solution”. These prophetic words still ring in the ears of the 21st Century.
For several years many of the elites have advanced a solution based on federal formula stating that it would end the ethnic conflict in Sri Lanka. Even the Agreement signed between the Government of Sri Lanka and LTTE in 2002, known as Oslo Declaration was to address the ethnic conflict on the line of federalism and internal self-determination. It was a significant development but abandoned by the government after the hour of victory.
New Constitution
The structure of the proposed new Constitution should be a Federal Form of Government like in Belgium or any other federal model with suitable modifications and adaptations, satisfactory to the needs of Sri Lanka, or for a combination of Unitary and Quasi-Federal form of government, like the Indian model with powers equal to the Tamil Nadu Government or implement the 13th Amendment to the Constitution without exception and dilution in any manner whatsoever, or for a Unitary System of Government, we can have the Scotland model – A Parliament should be established for the Northern and the Eastern Provinces as one political unit with extensive powers as enjoyed by Scotland Parliament.
The Tamils want power-sharing process and the economic development to take place simultaneously, side by side without effecting a change of demographic situation of the Tamil population, living in the Northern and Eastern Provinces.
What Tamils want
In fact, the Sri Lankan Tamils are yearning for a political solution, aspiring for recognition that they are a distinct nationality. They were so recognized by;
(i) Colonial powers, more so, the British recognized them as a Nation. From 1911 to 1920, the Tamils were treated in the Legislative Council on an equal footing with the Sinhalese despite their numerical inferiority. Professor K.M. de Silva states ‘in the political jargon of the day, there were two majority communities, the Sinhalese and Tamils, and the minorities were the other smaller groups. The situation changed fundamentally after 1922 instead of two majority communities and the minorities, there was one majority community, the Sinhalese. The Tamils now regarding themselves increasingly a minority community’.
(ii) The Kandyan Memorandum to the Donoughmore Commission recognized them so,
(iii) When the Sinhala Leaders breached the Written Agreement entered into with Sir Pon.
Arunachalam on 07.12.1918, they proclaimed so loudly that the Tamils were a Nation though less in numerical strength unlike the Sinhalese, and they required no safeguards or privileges,
(iv) The Indo-Sri Lanka Agreement of July 29, 1987, recognized that the Northern and the Eastern Provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples.
The Tamils want Recognition that the Northern and the Eastern Provinces should form as one political unit. It was so recognized by;
i) The Kandyan Memorandum to the Donoughmore Commission recognized the Northern and the Eastern Provinces as one Tamil linguistic federal unit,
ii) Bandaranaike – Chelvanayagam (BC) Pact was signed in 1956. BC Pact provided one Autonomous Regional Council for the Northern Province and two or more for the Eastern Province. In the Eastern Province, the Tamils and the Muslims were by necessary implication, elevated with the Sinhalese as nationals. Thus, BC Pact had created three Nationals within one State, and
iii) The Indo-Sri Lanka Agreement of July 29, 1987.
The power-sharing process had to be implemented from the Centre to the periphery. Once powers are identified, defined and devolved, they should not be abridged, reduced, taken away or diluted in any manner whatsoever, and the concept of a fully fledged internal self-determination should be provided without hindrance to develop their areas on all grounds.
The structure of the proposed new Constitution should be a Federal Form of Government like in Belgium or any other federal model with suitable modifications and adaptations, satisfactory to the needs of Sri Lanka, or for a combination of Unitary and Quasi-Federal form of government, like the Indian model with powers equal to the Tamil Nadu Government or implement the 13th Amendment to the Constitution without exception and dilution in any manner whatsoever, or for a Unitary System of Government, we can have the Scotland model – A Parliament should be established for the Northern and the Eastern Provinces as one political unit with extensive powers as enjoyed by Scotland Parliament.
Constitutional Amendment
Upon a new Constitution being promulgated, and if it is to alter, amend or repeal any of its provisions, there should be a 2/3rd majority of the whole members of Parliament. However, where the rights of the Tamils or the Muslims were to be affected, there should be a 2/3rd majority of the Tamil members and/or of the Muslim Members of Parliament together with the two-third members of the Tamils and/or the Muslims of the Provincial Councils of the Northern and Eastern Provinces and it should have been strictly adhered. This provision should be incorporated in the Constitution itself.
If the proposed new Constitution is intended to resolve a permanent settlement of all political issues and make Sri Lanka a truly democratic country of the people, by the people and for the people, then all the rights of all the communities, who have decided to live with the dominant group, should be carefully protected and nurtured in all political units without exception. All citizens living therein should be afforded with unfettered opportunities to live in equality, safety and harmony, prosper and exercise their sovereignty and to enjoy internal self-determination in all their rights, Muslims should be recognized as a distinct nationality. They were already recognized so under the BC Pact, Hill Country Tamils should be recognized as a distinct community and they should be afforded with unfettered opportunities to live in equality, safety and harmony, prosper and exercise their sovereignty and to enjoy internal self-determination in the areas of their habitation.
Aboriginal roots
The new Constitution had to address not only the Belgium model or any other model but also it had to address the political rights of the aborigin's of the country.
Parker who was attached to Irrigation Department of then Ceylon from 1873 to 1904 had written a book, titled “Ancient Ceylon”, in which he had vividly described the ancient civilization of the country, tracing with the Aborigin's of the country, namely Veddhas. He has done a deep analytical study of the Veddhas, having visited the deep interior thick forests many times and met them and had collected their names, males and females, the skulls of the deceased Veddhas, and scientifically identified their groups. He had classed the Veddhas into three groups, to wit: Deep Forest Veddhas, Village Veddhas and Tamil Speaking Veddhas.
I am quoting verbatim from his book for the readers to appreciate and understand the Veddhas language as Parker described in his book.
He says “the Vaedi dialect is to a great extent the colloquial Sinhalese tongue, but is slightly changed in form and accent. Yet closely resembles the latter, these differences and the manner in which it is pronounced render it quite an unknown language when it is spoken to one who has not a special acquaintance with it.
Besides this, the Vaeddhas use their own terms for the wild animals and some other things about which they often find it necessary to converse. Such words are usually a form of Sinhalese or admit of Sinhalese or Tamil derivations: but a very few may possibly belong to, or be modifications of words in, their original language, forming, with perhaps a few forms of grammatical expression, the only remains of it that have been preserved, with the exception of some doubtful terms found in Sinhalese”.
Veddhas are ancient people, living in Sri Lanka with the dawn of human habitation. Still, they preserve their distinct culture and distinct area of habitation.
The voice, culture, custom and language of the Aboriginal people of Sri Lanka, Veddhas should be recognized, promoted, nursed and protected. Their culture, customs and usages should be propagated and nurtured and enshrined in the Constitution.
The Bintana area had to be assigned to them. All their rights should be carefully protected and nurtured. An electorate should be carved out to make their representation in Parliament. Local bodies, such as Town Council, Pradesha Sabha should be created to enshrine their rights.
In the event of the new Constitution rejecting, ignoring or failing to address the political grounds of the Tamils, this island would certainly leap once again into a deep mire. Past events had to be the future lessons.
Brussel, the capital city of Belgium is bilingual though the majority are speaking French.
In Belgium, two major language groups exist, Dutch and Flemish about 55% and the French about 44%. There is also a tiny German-speaking community, concentrated in the region, bordering Luxembourg to 1%.
Belgium Constitution is flexible and provides effective representation to each ethnic group.
In 1970, Belgium was unitary. A successful change from unitary decentralized State to a successful federal structure was made constitutionally and nonviolently. The majority never jumped to crush the demands of the minority by violence, bloodshed or communal riots. No one ever argued that federal structure would lead to separation. Five decades had passed since the change to federalism but no part of Belgium had attempted to go for separation.Belgium Constitution is designed in such a way to provide economic and cultural regional autonomy.
Belgium was asymmetrical but not providing asymmetry between the powers of different Regions or Communities. It applies to the asymmetry of Belgium Federation System. However, Regional and Community Jurisdictions have evolved asymmetrically.
Belgium has now provided a high degree of devolution and decentralization. Federal and Regional Laws are par with each other but only subordinate to the Constitution.
Plea of Federalism
It is a well-known fact that in or about 1926 the Kandyan Sinhalese wanted federalism. In the same year, S.W.R.D. Bandaranaike, the most productive politician of the then Ceylon, has proclaimed “a thousand and one objections could be raised against the system but, when the objections are dissipated, I am convinced that some form of Federal Formula be the only solution”. These prophetic words still ring in the ears of the 21st Century.
For several years many of the elites have advanced a solution based on federal formula stating that it would end the ethnic conflict in Sri Lanka. Even the Agreement signed between the Government of Sri Lanka and LTTE in 2002, known as Oslo Declaration was to address the ethnic conflict on the line of federalism and internal self-determination. It was a significant development but abandoned by the government after the hour of victory.
New Constitution
The structure of the proposed new Constitution should be a Federal Form of Government like in Belgium or any other federal model with suitable modifications and adaptations, satisfactory to the needs of Sri Lanka, or for a combination of Unitary and Quasi-Federal form of government, like the Indian model with powers equal to the Tamil Nadu Government or implement the 13th Amendment to the Constitution without exception and dilution in any manner whatsoever, or for a Unitary System of Government, we can have the Scotland model – A Parliament should be established for the Northern and the Eastern Provinces as one political unit with extensive powers as enjoyed by Scotland Parliament.
The Tamils want power-sharing process and the economic development to take place simultaneously, side by side without effecting a change of demographic situation of the Tamil population, living in the Northern and Eastern Provinces.
What Tamils want
In fact, the Sri Lankan Tamils are yearning for a political solution, aspiring for recognition that they are a distinct nationality. They were so recognized by;
(i) Colonial powers, more so, the British recognized them as a Nation. From 1911 to 1920, the Tamils were treated in the Legislative Council on an equal footing with the Sinhalese despite their numerical inferiority. Professor K.M. de Silva states ‘in the political jargon of the day, there were two majority communities, the Sinhalese and Tamils, and the minorities were the other smaller groups. The situation changed fundamentally after 1922 instead of two majority communities and the minorities, there was one majority community, the Sinhalese. The Tamils now regarding themselves increasingly a minority community’.
(ii) The Kandyan Memorandum to the Donoughmore Commission recognized them so,
(iii) When the Sinhala Leaders breached the Written Agreement entered into with Sir Pon.
Arunachalam on 07.12.1918, they proclaimed so loudly that the Tamils were a Nation though less in numerical strength unlike the Sinhalese, and they required no safeguards or privileges,
(iv) The Indo-Sri Lanka Agreement of July 29, 1987, recognized that the Northern and the Eastern Provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples.
The Tamils want Recognition that the Northern and the Eastern Provinces should form as one political unit. It was so recognized by;
i) The Kandyan Memorandum to the Donoughmore Commission recognized the Northern and the Eastern Provinces as one Tamil linguistic federal unit,
ii) Bandaranaike – Chelvanayagam (BC) Pact was signed in 1956. BC Pact provided one Autonomous Regional Council for the Northern Province and two or more for the Eastern Province. In the Eastern Province, the Tamils and the Muslims were by necessary implication, elevated with the Sinhalese as nationals. Thus, BC Pact had created three Nationals within one State, and
iii) The Indo-Sri Lanka Agreement of July 29, 1987.
The power-sharing process had to be implemented from the Centre to the periphery. Once powers are identified, defined and devolved, they should not be abridged, reduced, taken away or diluted in any manner whatsoever, and the concept of a fully fledged internal self-determination should be provided without hindrance to develop their areas on all grounds.
The structure of the proposed new Constitution should be a Federal Form of Government like in Belgium or any other federal model with suitable modifications and adaptations, satisfactory to the needs of Sri Lanka, or for a combination of Unitary and Quasi-Federal form of government, like the Indian model with powers equal to the Tamil Nadu Government or implement the 13th Amendment to the Constitution without exception and dilution in any manner whatsoever, or for a Unitary System of Government, we can have the Scotland model – A Parliament should be established for the Northern and the Eastern Provinces as one political unit with extensive powers as enjoyed by Scotland Parliament.
Constitutional Amendment
Upon a new Constitution being promulgated, and if it is to alter, amend or repeal any of its provisions, there should be a 2/3rd majority of the whole members of Parliament. However, where the rights of the Tamils or the Muslims were to be affected, there should be a 2/3rd majority of the Tamil members and/or of the Muslim Members of Parliament together with the two-third members of the Tamils and/or the Muslims of the Provincial Councils of the Northern and Eastern Provinces and it should have been strictly adhered. This provision should be incorporated in the Constitution itself.
If the proposed new Constitution is intended to resolve a permanent settlement of all political issues and make Sri Lanka a truly democratic country of the people, by the people and for the people, then all the rights of all the communities, who have decided to live with the dominant group, should be carefully protected and nurtured in all political units without exception. All citizens living therein should be afforded with unfettered opportunities to live in equality, safety and harmony, prosper and exercise their sovereignty and to enjoy internal self-determination in all their rights, Muslims should be recognized as a distinct nationality. They were already recognized so under the BC Pact, Hill Country Tamils should be recognized as a distinct community and they should be afforded with unfettered opportunities to live in equality, safety and harmony, prosper and exercise their sovereignty and to enjoy internal self-determination in the areas of their habitation.
Aboriginal roots
The new Constitution had to address not only the Belgium model or any other model but also it had to address the political rights of the aborigin's of the country.
Parker who was attached to Irrigation Department of then Ceylon from 1873 to 1904 had written a book, titled “Ancient Ceylon”, in which he had vividly described the ancient civilization of the country, tracing with the Aborigin's of the country, namely Veddhas. He has done a deep analytical study of the Veddhas, having visited the deep interior thick forests many times and met them and had collected their names, males and females, the skulls of the deceased Veddhas, and scientifically identified their groups. He had classed the Veddhas into three groups, to wit: Deep Forest Veddhas, Village Veddhas and Tamil Speaking Veddhas.
I am quoting verbatim from his book for the readers to appreciate and understand the Veddhas language as Parker described in his book.
He says “the Vaedi dialect is to a great extent the colloquial Sinhalese tongue, but is slightly changed in form and accent. Yet closely resembles the latter, these differences and the manner in which it is pronounced render it quite an unknown language when it is spoken to one who has not a special acquaintance with it.
Besides this, the Vaeddhas use their own terms for the wild animals and some other things about which they often find it necessary to converse. Such words are usually a form of Sinhalese or admit of Sinhalese or Tamil derivations: but a very few may possibly belong to, or be modifications of words in, their original language, forming, with perhaps a few forms of grammatical expression, the only remains of it that have been preserved, with the exception of some doubtful terms found in Sinhalese”.
Veddhas are ancient people, living in Sri Lanka with the dawn of human habitation. Still, they preserve their distinct culture and distinct area of habitation.
The voice, culture, custom and language of the Aboriginal people of Sri Lanka, Veddhas should be recognized, promoted, nursed and protected. Their culture, customs and usages should be propagated and nurtured and enshrined in the Constitution.
The Bintana area had to be assigned to them. All their rights should be carefully protected and nurtured. An electorate should be carved out to make their representation in Parliament. Local bodies, such as Town Council, Pradesha Sabha should be created to enshrine their rights.
In the event of the new Constitution rejecting, ignoring or failing to address the political grounds of the Tamils, this island would certainly leap once again into a deep mire. Past events had to be the future lessons.
