Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Tuesday, June 11, 2013

The Guardian home


Thursday 6 June 2013 
We should all stand in awe of the groundbreaking investigative journalism and fearless police work dedicated to putting Tulisa Contostavlos back in her place

Tulisa Contostavlos
Tulisa: what it is about this successful 24-year-old that is so offensive to so many scribes? Photograph: Stuart Wilson/Getty Images
sun1
Without further ado, Lost in Showbiz is coming out as Team Tulisa, and anyone who declines to join me is cordially invited to do one to the showbiz outlets where the singer is routinely described as a "chav" or a "council estate Barbie".
In case you had been preoccupied by other matters, let me recap by saying that the erstwhile X Factor judge was the victim of a Sun on Sunday sting last weekend, and is accused of obliging the undercover reporter's requests for a contact who would sell him some cocaine. The news forces an urgent shakeup of the odds for the prize of Greatest Newspaper Investigation Ever, which now stand as: Tulisa Can Get You A Number For Someone Who'll GetYou Some Coke 1/9, Watergate 3/1, and Thalidomide 11/1. It's 16/1 bar those.

Monday, June 10, 2013

Relevance Of H G Wells To The National Question In Sri Lanka

By Laksiri Fernando -June 10, 2013 
Dr. Laksiri Fernando
Colombo TelegraphThe title of this article may be misleading if one takes it to mean that H G Wells (1866-1946), the renowned British political writer and Fabian socialist, directly commented on the ethnic or the racial question in Sri Lanka or for that matter, former Ceylon. What is intended instead is to draw upon his thinking on the subject, in his discourse on “A Modern Utopia (1905) to elucidate some of the predicaments that Sri Lanka is facing today.
Wells did comment on Ceylon in other contexts particularly in his “The Outline of History” (1920) and said “In Ceylon there grows to this day a tree, the oldest historical tree in the world, which we know certainly to have been planted as a cutting from the Bo Tree [under which Gautama had his sense of mental clarity] in the year 245 B.C.” His main point was to say “It helps us to realize the shortness of all human history to see so many generations spanned by the endurance of one single tree.”
Personal Duality  
Opening a discussion on ‘race and racism’ in his discourse, Wells argued that “the soul of man is in a perpetual vacillation between two conflicting impulses: the desire to assert his individual distinction and his terror of isolation.” He also noted that this is above the elemental cravings and necessities of human beings. What was attempted in his discourse was to give a socio-psychological interpretation for one of the most intriguing questions of human history and that is racism. One may even call it ethno-nationalism in the Sri Lankan context.
The two main impulses that he talked about and in fact true in most of our personal cases are ‘individual distinction’ and ‘fear of isolation.’ One is the ‘personal identity’ and the other is the ‘group backup’ which could create social disaster if taken to the extreme. To the extent that we fail to stand up as individuals in society we look for the cover up within our selected group and most often this is our ethnicity. This is also the result of social alienation. This may be one reason why most Sri Lankans who go abroad particularly to Western countries whether they are Sinhalese or Tamils become more ethno-nationalists than some of their counterparts in their own country. Many studies have revealed that Diaspora (ethno) nationalism is more furious than any nationalism that you could identify in their motherlands.
Wells further said “He wants to stand out, but not too far out, and, on the contrary, he wants to merge himself with a group, with some larger body, but not altogether.” It is because of this duality of character – or schizophrenia – perhaps we have a chance of at least convincing some people to look beyond their ethnic prejudices.
I had a friend who before July 1983 used to argue with me furiously against the Tamils including our own colleagues at the Peradeniya University but when the actual calamity took place, his conscience pricked. He was more active than me in helping some of our Tamil colleagues in distress and after the events he was remorse for few months and started re-thinking some of his previous positions. This is not to guarantee his present positions, as many of the ethnic feelings or outbursts are subject to fluctuations. It can easily go, completely the other way round facing calamity, depending on where you are positioned.
Aggregations
There is a human disposition to form ‘aggregations’ and more tragically to imagine that these formations are part of the human nature. This is also something Wells said. This is, at least for the time being, unavoidable. Then the most rational way of proceeding would be to look for more harmonious aggregations rather than conflictual ones. In Sri Lankan terms this means moving away from, at least as far as possible, from ethno nationalism towards civic nationalism in building a healthy political nation on a rational basis.
The sort of aggregations that men and women refer themselves to depend largely on two matters, Wells said. One is the strength and idiosyncrasy of individual imagination. The other is the reek of ideas that happen to exist in the air at that time. While some people manage to overcome the latter, on the strength of the former, there are some other people who go in the opposite direction.
From any historical imagination, humans seem to have gone through several stages of social aggregations: (1) indigenous living (2) tribal groups (3) ethnic formations and (4) political nations. There is no difficulty in referring to these stages even in Sri Lanka’s history, except the fact that Sri Lanka is at terrible pains or trauma without being able to transform itself from ethnic formations to a healthy political nation. It has terribly become impotent. This is obviously not what Wells said!
But he did say that although the initial natural reference of a dog is to a pack, when the dog is ‘educated,’ the reference could transform to a master. This is not an insult, but the point is that education and awareness can play a major role in the transformation of peoples’ reference group to higher social aggregations. As a caveat I must say that SWRD Bandaranaike was one who was well versed with the writings of H G Wells among the Sri Lankan intellectuals and political activists in the 1930s.
In Wells’ conceptualization, he even pitched this transformation to a much higher level and even talked about ‘common humanity’ and a ‘world state’ in his future Utopia. But he talked about it as a synthesis, without neglecting diversity and plurality. Sri Lanka may be far below, but his ideas are quite relevant to our own predicament giving birth possibly to a healthy Sri Lankan nation. Otherwise it will disintegrate. In forming the SLFP, the vision of Bandaranaike, right or wrong, was first to unite the Sinhalese community as his first reference group and then to unite all groups under one umbrella. But he blundered and blundered terribly and the SLFP today is the embodiment of this blunder.
Wells did not consider the transformation from one aggregation to the other as easy. Referring to the frictions between the state and the church during the emergence of the nation state in Europe – also pointing to the different orders, sects and cults within the church – he elaborated these difficulties. Aren’t we witnessing the same difficulties in Sri Lanka, in respect of the Buddha Sasana?
Incidentally, Wells said referring to the Maha Bodi in his “The Outline of History,” “Gautama’s disciples unhappily have cared more for the preservation of his tree than of his thought.”
Role of Statesman
What Wells mostly emphasized was the role of the Statesman without which this transformation will not materialize. This has been our grumble (some people considered as personal) against the present regime after the end of the war in May 2009. The transformation to a mature political nation has not begun and instead what can be seen is the suppression of one ethno-nationalism (Tamil) by another ethno-nationalism (Sinhalese) even dragging in quite a neutral ethnic group (Muslims) into the whole calamity.
The following was what Wells said about the role of the statesman in the transformation.
“The statesman, both for himself and others, must recognize this inadequacy of grasp, and the necessity for real and imaginary aggregations to sustain men in their practical service of the order of the world, He must be a sociologist; he must study the whole science of aggregations in relation to the world to which his reason and his maturest thought direct him.”     
He further said that the statesman “must do his best to promote the disintegration of aggregations and the effacement of aggregatory ideas that keep men narrow and unreasonably prejudiced one against another.” What are these aggregations and aggregatory ideas Wells talked about “that keep men narrow and unreasonably prejudiced one against another”? They are undoubtedly related to ethno and religio nationalism in the context of Sri Lanka. Of course Wells was talking in ideal or higher terms in respect of statesman even in Western standards. But cannot we imagine better statesman than what we have today now the war is over?

CATHOLIC BISHOPS’ CONFERENCE REQUESTS GOVT. TO DISCUSS NEW CONSTITUTION

Catholic Bishops’ Conference requests govt. to discuss new Constitution
June 10, 2013 
The Catholic Bishops’ Conference of Sri Lanka requested the government not to proceed with amending the 13th amendment but to discuss with all relevant parties on drawing up a totally new Constitution which is fair by all communities.


The 13thAmendment of the National Constitution is a system that by large allows the greater participation of the people in the matter of governance, a statement from the Catholic Bishops’ Conference of Sri Lanka read.

In the statement signed by Cardinal Malcolm Ranjith, the organization stated that even though the 13thamendment may not be perfect, at this moment Sri Lanka is striving to make permanent the hard won peace and that pondering on this constitutional provision may lead to over centralization of authority and to international meddling in the internal affairs of this country.

It claimed that the problem in the North is a national question for which the solution is to be found by the local political leadership of both Sinhala and Tamil communities. The organization added that it is not convinced that careful study of all factors along with the broad based consultations of the different political parties and civil society groups are being conducted before any changes are made.

It therefore advised the government not to proceed with the with the proposed amendment to the 13thamendment or to its total repeal but to discuss with all parties, especially through the Parliamentary Select Committee and think about a totally new Constitution which would guarantee justice, peace and prosperity for all citizens of the country regardless of their ethnic, religious or social differences.
Kovil behind ‘Temple Trees’ to be shifted

2013-06-10 
The 80-year old Sri Pumari Amman Kovil located at the rear end of Dharmakithyarama Viharaya in Colpetty, Colombo 03 (behind Temple Trees) is to be relocated and shifted elsewhere with effect from today. The Colombo Municipal Council has planned to set up a Vehicle car park at the location. Pix by Ariyaratne Ganegoda


Sri Lanka says it has made progress on reconciliation

COLOMBO, June 10 (Xinhua) -- The Sri Lankan government on Monday said it has made progress in addressing human rights concerns and reconciliation which it says has been acknowledged by many in the international community.

A government statement said it was surprised by claims made by Canada last week at the UN Human Rights Council currently meeting in Geneva that there are ongoing violations of human rights in Sri Lanka and that there is also a lack of reconciliation in the country.
"The many facets of reconciliation including resettlement of displaced persons, demining, rehabilitation and reintegration of ex-combatants including child soldiers, resolution of land issues, infrastructure development, housing, implementation of the language policy, as well accountability issues are being addressed in a comprehensive manner taking into consideration the aspirations of the affected communities," the government said.
The government also said that as a founding member of the Commonwealth, Sri Lanka is firmly committed to its values and principles.
"Sri Lanka's long-standing engagement and commitment to the Commonwealth is known and demonstrated by the undertaking to host the next Commonwealth Heads of Government Meeting in November this year, for which preparations are underway. The reference to the Commonwealth by Canada in this forum is rather puzzling, considering its membership not being universal," the government statement said.
It also noted that the progress achieved in the implementation of the recommendations of the Lessons Learned and Reconciliation Commission, a post war commission appointed by the government, is well documented in the public domain in a transparent and easily accessible manner

Vedda priest of Saiva temple murdered in Chella Kathirkaamam

TamilNet[TamilNet, Sunday, 09 June 2013, 23:46 GMT]
70-year-old, Rajapaksa Mudiyansalage Premadasa of the aborigine Vedda culture, and the chief folk priest (Kapuraala) of the Siva temple at Va’l’li Kukai cave in Chella Kathirkaamam, was hacked to death by unknown assailants in the jungle area near the temple on last Tuesday night. The killing took place amidst the currently on-going drive against Saiva temples in the country of Eezham Tamils occupied by the Sinhala-Buddhist State in the island. The Vedda aborigines are either Tamil-speaking or Sinhala-speaking, depending on the territories they live in. The Kapuraala tradition of them worshipping Saiva deities Murukan, Siva etc., is a unique strain of religion in the island. Sinhala-Buddhist priests spearheading colonisation marginalising the Veddas and erasing out their culture have gone on record in the past several decades. 

A considerable number of folk Saiva temples in the East are officiated either by Vedda priests or priests coming from that Kapuraala tradition. 

In sharp contrast to Brahmin priests and Buddhist monks chanting Mantras, the Vedda priests tie their mouth by a piece of white cloth and perform rituals in absolute silence.

According to the myth related to the famous Murukan temple of Kathirkaamam (Kataragama), God Murukan, displeased with both Tamils as well as Sinhalese has assigned the right to worship him to the Veddas.

During the times of the Kandyan Kingdom, even the protection and custodianship of the Sacred Bo Tree at Anuradhapura, then ruined and forested, was vested with the Veddas. Until recent times the Kapuraalas, seated under the Bo Tree with a picture of God Murukan, were seen giving Veepoothi (sacred ash) and tying sacred threads on the wrists of pilgrims coming to the Buddhist sacred place.

Today’s Buddhism backed by an exclusive Sinhala military operates not only against the places of worship of Brahmanical Hinduism, Islam and Christianity, but also against the folk religions.

A unique Tamil folk temple for a collective deity called Kooddaththaar located in I’lavaalai in Jaffna, in the so-called High Security Zone occupied by the Sinhala military for two decades, was found with its rare bronze idol sawed off when people went back last year.

Killing priests of Saiva temples was carried out in Sinhala military occupied Jaffna itself, as part of a terrorisation campaign after the genocidal war.

Attacks on religious places of Tamil-speaking people, appropriation of their lands by the occupying military, building of Buddhist monuments throughout the country of Eezham Tamils where there are no Buddhists and colonisation by bringing in Sinhalese have become a daily routine of structural genocide just like the mass killings were a daily routine during the last months of the genocidal war.

Meanwhile, India’s BJP, RSS, Shiv Sena team led by Mr. Ravi Shankar Prasad met Sri Lanka’s public relations minister Mervin Silva on Friday and discussed building religious relationship, press reports said. Mahinda Rajapaksa presiding over genocidal Colombo was recently invited by BJP Establishment ruling the State of Madhya Pradesh to open a Buddhist University.

Kathirkaamam, a major pilgrim centre for Saivites in the island, attended by Sinhalese too, has become almost exclusively Buddhicised in the recent decades, discouraging Saivites attending the temple. 

Chella Kathirkaamam, which according to myths, said to be the place of Va'l'li, the consort of God Murukan, is located a few kilometres away from the Kathirkaamam temple. 

Even after the Buddhicisation of Kathirkaamam, Chella Kathirkaamam remained as a centre, frequented largely by Saiva pilgrims. 

The Kapuraala priest, Rajapaksa Mudiyansalage Premadasa, killed in Chella Kathirkaamam last Tuesday is survived by his son who is also a Kapuraala at the Siva temple.

Mudiyansalage is a title held by Vedda chieftains. It is related to the term Mudiyanse in Sinhala, meaning a Mudaliyar/ Muthaliyaar (native chieftain). It is also related to terms such as Muthun and Muthunmuththo in Sinhala, meaning elders, ancestors etc., and to Moothi and Muthiyoan in Tamil. All the terms are of Dravidian origin. 

The word Vedda itself, which is a cognate of Veadar in Tamil and means pursuers or hunters, is taken as a word of Dravidian etymology (Dravidian Etymological Dictionary, 5527).

Secretariat For Muslims Welcomes Sumanthiran’s Recognition Of Ethnic Cleansing Of Northern Muslims

June 10, 2013 
Colombo TelegraphThe Secretariat for Muslims (SFM) would like to acknowledge the recent public statement by Tamil National Alliance M.P M.A. Sumanthiran made in early May at the meeting to commemorate the 36th death anniversary of S.J.V. Chelvanayagam held in Vantharumoolai, Batticaloa. Recognising the Expulsion of the Northern Muslims from the five districts of the North – Jaffna, Mannar, Vavuniya, Mulaitivu and Kilinochchi as an act of ethnic cleansing, Mr. Sumanthiran reportedly stated that the Tamil community needs to acknowledge its own mistakes and take steps to correct them, including in not neglecting the Muslim community. He emphasized that unless the Tamil community does this, it would have no moral right to expect others, including the international community to take up their grievances. We welcome this statement and the collective statement by leading Tamil political activists in 2011 as important steps in rebuilding and reconciling relations between the Tamil and Muslim communities in the North and East of Sri Lanka. Mr. Sumanthiran’s gesture provides an example to other political and civil society leaders of the measures that need to be taken to strengthen peace in Sri Lanka.
M.A. Sumanthiran
Sri Lanka is faced with the challenge of transitioning from a protracted conflict to one of sustainable peace. The country has endured a bitter and long drawn-out war that has created multiple ruptures, polarized society and formed ethnic enclaves. There has been only limited progress in achieving substantive reconciliation, and much remains to be done by the major stakeholders – first and foremost the State – to address the fears and divisions between ethnic and religious communities. Processes for healing and trust building among communities, are few in number and have to function in an extremely challenging environment. There have been few attempts to celebrate the diversity and pluralism of our peoples.
Instead, we are witnessing efforts to drive freshly formulated communalistic divisions along ethno-religious lines.  The first five months of 2013, for instance, have seen a significant surge in problems for the Muslim community in the form of an insidious hate campaign resulting in violence against and harassment of the Muslim community and in creating tensions between the Muslims and Sinhalese Buddhists in particular. Although some political leaders have spoken out and up against this campaign, there is also self censorship and insufficient expression of outrage. Therefore, we call upon others, like Mr. Sumanthiran has done, to speak up. In turn, we also call upon political and civil society leaders from the Muslim community to play their part in reconciling Sri Lankan society, including in highlighting the challenges and problems faced by communities other than their own, and to putting forward common solutions to problems shared with other communities.
As the country attempts to transition from war to peace there are a whole range of issues that need to be addressed including resettlement and reintegration of war-torn communities in the North. There have to be greater efforts by both Muslims and Tamils to recognise each other’s histories. Northern Muslims are finding it difficult to return, integrate and rebuild life in the north and are facing discrimination at the hands of some elements of the Tamil leadership and administration in the Northern Province. Hence, it is important for Tamil politicians and civil society to play a role in re-building ties and recognising the suffering of the Muslim community. Tamils also complain of Muslims being prioritised in assistance programmes. Muslims and their leaders in particular need to be more sensitive to the losses suffered for decades by the Tamil community:  the many deaths and disappearances of loved ones, the brutalisation of social life and the devastation of the northern landscape.  In order to move forward, Muslims and Tamils in the north must find a way to live together and again celebrate the common heritage shared through the Tamil language and their strong linkage to the land they both call home, while also ensuring the due place of the Sinhala community in the province.
We all need to invest more time and energy in finding ways to speak to each other across our divisive politics and histories of suffering in order to ensure a future of coexistence and wellbeing for all Sri Lankans.
By the Secretariat for Muslims

Manmohan Singh Angered By Mahinda Rajapaksa’s “Sly” Attempts to Undermine Devolution Provided by 13th Constitutional Amendment

D.B.S.JEYARAJ-

SRI LANKA BRIEFMonday, June 10, 2013
Indian Prime Minister Manmohan Singh is “extremely annoyed”by Sri Lankan President Mahinda Rajapaksa’s recent subtle efforts to undermine the quantum of devolution provided to the Island’s nine Provinces through the thirteenth Amendment to the Sri Lankan Constitution that was facilitated by India.

President Rajapaksa & Prime Minister Manmohan Singh-file pic- via PTI
President Rajapaksa & Prime Minister Manmohan Singh-file pic- via PTI
According to informed Indian sources the usually mild –mannered Manmohan Singh known for his gentle and genteel ways had in uncharacteristic fashion “almost blown a fuse”when informed of recent efforts by President Rajapaksa to amend the Sri Lankan Constitution in a manner that would seriously undermine the devolution arrangements enabled by the 13th Constitutional Amendment.

Circles linked to the Indian external affairs establishment referred to as “South Block”speaking on condition of anonymity revealed that the Indian Govt in general and the Prime minister in particular were of the view that the Rajapaksa regime’s attempts to introduce the 19th Constitutional amendment at this juncture was an “expression of bad faith”.

According to these sources Prime minister Singh known for his docile demeanour had reacted “rather angrily” to details of the proposed 19th amendment as it had potentially drastic implications for the future of the Provincial councils in Sri Lanka.

ASSURANCES

More At Stake For Government Than Countering Separatism

By Jehan Perera -June 10, 2013 
Jehan Perera
Colombo TelegraphThe government’s ongoing bid to seek changes to the 13th Amendment prior to holding elections to the Northern Provincial Council has suffered a reversal with the refusal of some of the government’s coalition partners to go along with it.  This is likely to be a temporary reversal. The ethnic minority political parties that are part of the government have said they need to discuss the matter further.  Ironically, the main proponents of reducing the powers of the provincial councils are two small nationalist parties whose voter base is considerably smaller than those of the ethnic minority parties.  The division within the government on the issue of devolution of power can also be seen in the comments by Senior Minister Tissa Vitarana who headed the All Parties Representative Committee set up by the President several years ago to find a political solution to the conflict.-
Prof. Vitarana has said that “It is sad that extremist elements have emerged that seek to achieve political power by whipping up not only anti-Tamil but even anti-Muslim sentiments among the Sinhala Buddhistmajority.  The genuine fear of separation is being fed by raising the spectre of separatism… The solutions offered, rather than preventing separation, are feeding the separatist agenda.  There is a danger of history repeating itself but in a more tragic form, as international public opinion will support the move for separation…”  One of the tragedies of post-war developments with regard to Sri Lanka is the loss of international support due to the government’s failure to convince the international community that it is serious about finding a political solution together with the political representatives of the ethnic minorities.
During the war, government leaders gave assurances that after the war they would implement a political solution that went beyond the existing scheme of devolution of power and made it effective. But now, after the government announced that elections to the Northern Provincial Council will be held in September, government leaders have also been warning of the perils associated with setting up a provincial council for the Northern Province, even to the extent of advocating the abolition of the entire scheme of devolution. Those government leaders who seek to emasculate the provincial council system are eloquent in making their case that the devolution of power becomes a great danger when it is given to the ethnic minorities.   However, the government has also made promises to the international community that it would work to formulate a political solution acceptable to all communities, which makes it difficult to repeal the 13th Amendment in its entirety as advocated by some of its members.
 Envisaged Changes
There are two changes to the 13th Amendment that are being considered for immediate action by the government.  The first is to remove the provision for two or more provinces to join together.  The merger of the Northern and Eastern provinces is an article of faith with all Tamil parties.  Even the Tamil parties working with the government have said they are in favour of this merger.  The merger would create a Tamil-majority in a territory that accounts for over 30 percent of the country’s land mass.    However, such a merger is unacceptable to a government which is mistrustful of the Tamil people, and believes that separatist sentiment is more likely to arise in those who govern a larger territorial entity than in those who govern a smaller one.
The second issue being considered by the government is to do away with the requirement that the consent of all provincial councils be obtained if there is to be constitutional change that impacts upon the provincial councils.  This was a safeguard to prevent the central government from legislating on subjects allocated to the provincial councils without first obtaining the consent of all of them.  In the event where one or more provincial councils do not consent to a proposed bill, the central government has the option to either pass the bill by a simple majority, in which event the bill will become law applicable only to the provinces that agreed to the bill, or to do so by a two thirds majority in which case the bill will become law applicable to the entire country. Removing this safeguard will permit the central government to take away any or all powers vested in the provincial councils by passing legislation with a simple majority.
There is also a third issue that is on the table, but which has not yet been presented to the cabinet of ministers.  This is to remove police and land powers from the list of subjects that have been devolved to the provinces.  Government leaders are making out that leaving these two subjects with the provincial councils presents a grave danger to the country’s unity as these powers can be abused.  One government leader has described police and land powers as the two fangs of the provincial councils that ought to be de-fanged.  It is noteworthy that for the past 26 years, since the establishment of the provincial council system, these powers have not been given to any provincial council.  It is both ironic and discriminatory that only when there is a possibility of a Tamil-administered provincial council being established, that the government has decided to act to remove police and land powers from the devolved list of subjects.
 Hidden Motivation
It is in this context that Prof. Vitarana has critiqued the notion that an elected provincial council under the existing 13th Amendment can push for separation. He says that “Even if the TNA is elected to power it can only exercise the very limited powers devolved under the extensive control of the central government as in all other provincial councils.  The police and land powers under the 13th Amendment, at present, are effectively under central government controls with the Governor appointed by the President as the chief executive.  But even these limited powers in these two areas are not exercised as the President has not permitted it.  So even if the TNA is elected to power in the Northern Province, there is nothing it can do to further the cause of separation.”
The provincial council system has been denigrated as being akin to white elephants. Chief Ministers of the provincial councils themselves have complained bitterly about the weakness of the devolved institutions they presided over. A key source of weakness has been the near total dependence of the provincial councils on the central government for finances.  The provincial councils are severely restricted in their power to raise their own funds which has made them hopelessly dependent on the central government.  Another serious weakness has been the existence of a concurrent list of subjects which are shared by the central and provincial administrations. In practice, where there are such shared powers the central government has had no reservations about monopolizing those powers.
Hence, there appears to be another motivation in the government’s determination to push ahead with the proposed constitutional changes.  With a defeat at the Northern Provincial Council almost certain, the government might prefer not to have those elections at all.  They would want to see the provincial council system emasculated first so that no provincial administration can be a check and balance to their writ.  The mindset of the present government leadership is in conformity with democratic practice only to the extent that they believe in the need for victory at elections in order to legitimize their rule.  But their actions fail to conform to higher democratic norms of behaviour which requires respect for institutional checks and balances.
In the case of the provincial councils, the government leadership would not want their writ to be challenged in any way by an opposition controlled provincial administration.  As the leaders who won a war that most thought not possible to win, they see it as justified to have their writ prevail without question over the entire country.  But for larger political reasons, including promises made to India and Japan, they must have those elections.  It is important that the government hold free and fair elections for the Northern Provincial Council which will be symbolic to Sri Lankans and to the international community that the government has committed itself to providing democratic rights to its ethnic minorities.

Move to dilute 13-A: Friday Forum urges political parties to resist


article_image

June 9, 2013
The Friday Forum has urged political parties and civil society groups to oppose government moves to dilute the 13th Amendment to the Constitution and to make every effort to ensure a free and fair northern provincial council election under the present constitution.

The following is the full text of a joint statement issued by Ambassador Jayantha Dhanapala and Professor Savitri Goonesekere: "The Friday Forum considers effective devolution essential to building trust and ethnic harmony, securing future peace and promoting good governance. The government has more than once publicly committed itself to implementation of the 13th Amendment to the Constitution. It is thus with deep concern that we view current attempts to dilute the already limited provisions for devolution embodied in the 13th Amendment.   

The proposed amendment will make it much easier for the Centre to override Provincial Councils. At present, if the Centre wishes to pass a law on a matter in the Provincial Council List, the Bill must be referred to all Provincial Councils for them to express their views. If all Provincial Councils agree, the Bill may be passed by a simple majority. If one or more Councils do not agree, a two-thirds majority is needed to make the law applicable to the Councils that did not agree, but if passed only by a simple majority, the law will apply only in the provinces that agreed. This is a safeguard against interference by the Centre and many Provincial Councils outside the North and East too have disagreed with such Bills and asserted their independence. According to the proposed amendment, such a Bill will apply in all the provinces if a majority of the Provincial Councils agrees. This would make it possible for the Centre to easily impose legislation on Provincial Councils controlled by the Opposition. The Northern and Eastern Provincial Councils are likely to suffer the most. 

The provisions relating to the merger of provinces are also to be deleted. Presently, a merger can only be initiated by the President. Provincial Councils have no say in the matter at all. Further, the people of the East must give their consent at a referendum if the Northern and Eastern provinces are to be merged. We do not see the need to amend these provisions.

The proposed amendment also runs counter to the content and spirit of the Lessons Learned and Reconciliation Commission to which the Government has repeatedly expressed its commitment. The government has adopted an LLRC Action Plan which we are told is already being implemented.

Coming just prior to the long-delayed elections to the Northern Provincial Council, now due to be held in September,  constitutional amendments of this nature,  as would any further attempt to dilute the devolution provisions of the Constitution, constitute a clear breach of trust with our fellow citizens in the North. Our country has just emerged from years of suffering endured during the armed conflict,  and devolution of power under the 13th amendment is an important element in the path to peace and reconciliation.

 Constitutional amendments including urgent bills based on political expediency are undemocratic and undermine the rule of law. After losing four valuable years that could have been used to find a political settlement, democratisation and reconciliation, this move to dilute provisions on devolution will further undermine post-war democratisation in the North.

The Friday Forum urges all political parties and groups to oppose any move to dilute the 13thAmendment, and to make every effort to ensure that a fair and free election to the Northern Provincial Council takes place under the present constitutional scheme.

The following endorsed the statement

Ms. Suriya Wickremasinghe, Dr. Jayampathy Wickramaratne, Rt. Reverend Duleep de Chickera, Mr. Tissa Jayatilaka, Mr. Ahilan Kadirgamar, Dr. Deepika Udagama, Professor Arjuna Aluwihare, Ms. Sithie Tiruchelvam, Rev. Dr. Jayasiri Peiris, Ms. Anne Abayasekara Ms. Manouri Muttetuwegama, Mr. J.C. Weliamuna, Mr. Javid Yusuf, Dr. A. C. Visvalingam, Mr. Lanka Nesiah, Professor. Camena Gunaratne, Ms, Damaris Wickramasekera, Dr. Selvy Thiruchandran, Dr. Devanesan Nesiah, Ms. Shanthi Dias, Mr. Danesh Casie Chetty, Mr.Prashan de Visser, Mr. D. Wijayanandana, Mr. Mahen Dayananda, Professor. Ranjini Obeyesekere, Mr. Chandra Jayaratne,

Post-War And The Contemporary Cold-War Against The Minority In Sri Lanka

Colombo TelegraphBy M.N. Getaberiya -June 10, 2013 
M.N. Getaberiya
One way or another the Muslims of Sri Lanka encompass a colorful history at the back them marked by a long spell of hardship suffered during the Portuguese and Dutch occupation of the Island. It is much to their credit that they withstood the onslaught of economic constraints, political intrigues and religious persecution to stay behind and survive. Most other peoples may have packed their bags and left for good. They not only saved their religion from the Christian enemies but also rebuilt the economy, slowly and steadily, by the 18th century when the British took over control of the island from the Dutch. Having adapted to the local conditions in various ways and also contributing largely to the Islands economic prosperity, the Muslim community of Sri Lanka, unlike the Hindu Tamils of the Northern Province, has saved itself from any major clash with the Sinhalese population. There are many blames and misconducts done by the majority Sinhalese government and people as the Tamil community claim and to wage a civil war against the Sinhalese government by the Tamils by the leadership of the (LTTE). Perhaps Muslims were not much interested in political affairs then but later with the certain pressure and injustice that they may have felt made them form a unique Muslim political party (SLMC) Sri Lanka Muslim Congress to claim the right although prior to this and most of the Muslims are still allied with the two major political parties (UNP & UPFA or PA) Eastern Muslims were encouraged to form SLMC which really benefited them then somehow which is impotent contemporary political affairs.

Govt’s Stance Will Further Divide The Communities – Attanayake

    The Sunday Leader
  • The agreement to devolve power was for the entire country and not only the North
  • Monday, June 10, 2013
UNP General Secretary Tissa Attanayake says that while implementing the 13th Amendment is legal, the government’s attempt to remove land and police powers from the Provincial Council system would create a problem. He noted that the agreement to devolve power was aimed at the entire country and not only the North and that the Provincial Councils if active would at least somewhat address the ethnic issue. “The Provincial Council system was never seen as a move at separatism. It is the devolution of power approved by courts,” Attanayake pointed out.
Following are excerpts of the interview:
Q: What is the UNP’s stance on the allocation of land and police powers to the Provincial Councils?

We Are Surprised By Canada’s Claim Of “Ongoing Violations Of Human Rights And Lack Of Reconciliation In Sri Lanka” – GoSL Tells UNHRC

June 10, 2013 
Colombo TelegraphThe Sri Lanka delegation to the on-going 23rd Session of the Human Rights Council (HRC) in Geneva has said “We are surprised by Canada’s claim of “ongoing violations of human rights and lack of reconciliation in Sri Lanka” when the Government’s progress with regard to addressing human rights concerns and reconciliation is being amply demonstrated on the ground, acknowledged by many in the international community, and elaborated comprehensively and in detail at successive Council sessions by our delegation, including during the current Council session.”
Ravinatha Aryasinha - Ambassador Geneva
These observations were made on 7 June 2013 while exercising Sri Lanka’s  right of reply with regard to references made to Sri Lanka by Canada and the US under Agenda Item 4 in the General Debate of the 23rd Session of the HRC.
We publish below the Sri Lanka’s Right of Reply; 
Mr. President,
My delegation wishes to exercise its right of reply with regard to references made to Sri Lanka by Canada and the US under Agenda Item 4 – General Debate.
We are surprised by Canada’s claim of “ongoing violations of human rights and lack of reconciliation in Sri Lanka” when the Government’s progress with regard to addressing human rights concerns and reconciliation is being amply demonstrated on the ground, acknowledged by many in the international community, and elaborated comprehensively and in detail at successive Council sessions by our delegation, including during the current Council session.  The significant progress achieved in the implementation of the recommendations of the LLRC through the time bound National Plan of Action is well documented in the public domain in a transparent and easily accessible manner, including via its latest Progress Report released in April 2013.  The many facets of reconciliation including resettlement of IDPs, demining, rehabilitation and reintegration of ex-combatants including child soldiers, resolution of land issues, infrastructure development, housing, implementation of the language policy, as well accountability issues are being addressed in a comprehensive manner taking into consideration the aspirations of the affected communities.
We also reiterate that as a founding member of the Commonwealth, Sri Lanka is firmly committed to its values and principles. Sri Lanka’s longstanding engagement and commitment to the Commonwealth is known and demonstrated by the undertaking to host the next Commonwealth Heads of Government Meeting in November this year, for which preparations are underway. The reference to the Commonwealth by Canada in this forum is rather puzzling, considering its membership not being universal.
In response to the US, we wish to note that every effort is being made by the Government to investigate incidents relating to alleged attacks on the media and to prosecute perpetrators of such crimes in instances where they are identified and sufficient evidence is available.
Further, our continued and constructive engagement with special procedures is itself evidence of our serious commitment to engagement with the Council and its mechanisms.
Thank you.