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, August 28, 2018

Soy boom devours Brazil’s tropical savanna

BUMPER CROP: Brazil’s farmers have plowed under more than half of the Cerrado, South America’s largest savanna. The nation is the world’s largest exporter of beef and soybeans. The cost is greenhouse gas emissions, vanishing wildlife and weakened watersheds. REUTERS/Pablo Garcia
Industrial farming in South America’s largest savanna has turned Brazil into an agricultural powerhouse. And it has lured producers away from the Amazon rainforest. But destruction of the so-called Cerrado biome is hastening global warming, damaging watersheds and putting wildlife at risk.

 
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(Em português) (En español)

CAMPOS LINDOS, Brazil – When farmer Julimar Pansera purchased land in Brazil's interior seven years ago, it was blanketed in tiers of fruit trees, twisted shrubs and the occasional palm standing tall in a thicket of undergrowth.

He mowed down most of that vegetation, set it ablaze and started planting soybeans. Over the past decade, he and others in the region have deforested an area larger than South Korea.

Permissive land-use policies and cheap farm acreage here have helped catapult Brazil into an agricultural superpower, the world's largest exporter of soy, beef and chicken and a major producer of pork and corn. This area has also lured farmers and ranchers away from the Amazon jungle, whose decline has spurred a global outcry to protect it.

The tradeoff, environmentalists say, is that while Brazil has slowed destruction of the renowned rainforest from its worst levels, it has put another vital ecological zone at risk: a vast tropical savanna that is home to 5 percent of species on the planet.

Known as the Cerrado, this habitat lost more than 105,000 square kilometers (40,541 square miles) of native cover since 2008, according to government figures. That's 50 percent more than the deforestation seen during the same period in the Amazon, a biome more than three times larger. 

Accounting for relative size, the Cerrado is disappearing nearly four times faster than the rainforest.

The largest savanna in South America, the Cerrado is a vital storehouse for carbon dioxide, the greenhouse gas whose rising emissions from fossil fuels and deforestation are warming the world’s atmosphere. Brazilian officials have cited protection of native vegetation as critical to meeting its obligations under the Paris Agreement on climate change. But scientists warn the biome has reached a tipping point that could hamper Brazil's efforts and worsen global warming.

By focusing on one problem, Brazil essentially created another, said Ane Alencar, science director of the non-profit Amazon Environmental Research Institute, known as IPAM.

"There's a high risk for the climate associated with this expansion,” Alencar said. "Limiting and calling attention to deforestation in the Amazon, in a way it forced the agribusiness industry to expand in the Cerrado."

The toll can already be seen in the region's water resources. Streams and springs are filling with silt and drying up as vegetation around them vanishes. That in turn is weakening the headwaters of vital rivers flowing to the rest of the country, scientists say. The imperiled waterways include the Sao Francisco, Brazil's longest river outside the Amazon, where water levels are hitting never-before-seen lows in the dry season.

"The removal of vegetation can lead a body of water to extinction," said Liliana Pena Naval, an environmental engineering professor at the Federal University of Tocantins.

Wildlife, too, is under threat, including rare hyacinth macaws, maned wolves and jaguars that call the shrinking savanna home. So are thousands of plants, fish, insects and other creatures found nowhere else on earth, many of which are only beginning to be studied.

 "I compare it to the burning of the ancient Library of Alexandria," said Mercedes Bustamante, an ecologist at the University of Brasilia. "You lose the accumulated evolutionary record of thousands of years that never can be recovered."

Farmers see the Cerrado's development as critical to global food security and their nation's prosperity. Brazil's agriculture sector grew a sizzling 13 percent in 2017, while the overall economy barely budged. The nation's ability to keep producing new farmland cheaply has given it an edge over rivals and cemented its status as a vital supplier to the world's tables.

"Imagine, if not for Brazil's production, how much more hunger would there be," farmer Pansera said.

THE GREEN REVOLUTION

Roughly the size of Mexico, straddling Brazil's mid-section from its far western border with Paraguay and stretching northeast towards the Atlantic coast, the Cerrado has seen about half of its native forests and grasslands converted to farms, pastures and urban areas over the past 50 years.

Deforestation in the region has slowed from the early 2000s, when Brazil's soy boom was gaining steam. Still, farmers continue to plow under vast stretches of the biome, propelled largely by Chinese demand for Brazilian meat and grain. The Asian nation is Brazil's No. 1 buyer of soybeans to fatten its own hogs and chickens. China is also a major purchaser of Brazilian pork, beef and poultry to satisfy the tastes of its increasingly affluent consumers.

Rising trade tensions between China and the United States have only deepened that connection. Brazil's soybean exports by value to China are up 18 percent through the first seven months of the year as Chinese buyers have canceled tens of millions of dollars' worth of contracts with U.S. suppliers.

The trend bodes well for producers in the Cerrado's frontier region known as Matopiba, shorthand for the northeastern Brazilian states of Maranhao, Tocantins, Piaui and Bahia. Land here is cheap. Virgin plots near Pansera in the state of Tocantins can be had for $248 an acre on average, according to agribusiness consultancy Informa Economics IEG FNP. That compares to an average of $3,080 per acre for already cleared farmland in the United States. Soy planting in Matopiba has more than doubled over the past decade.

Pansera, 50, is part of a wave of industrious transplants from southern Brazil who are remaking the region. His formal education stopped at middle school, but he found land enough in the Cerrado to match his big ambitions. He now presides over nearly 19 square miles (49 square kilometers) of manicured soy fields and has about 20 full-time workers on his payroll. Pansera’s soybeans will bring in an estimated profit of nearly 5 million reais ($1.23 million) this year, most of which he plans to invest back into the farm.

Government policies have intentionally driven industrial-scale farming here. Short on farmland to feed its growing population, Brazil in the 1970s looked to its vast savanna, a region early explorers had dubbed "cerrado," or "closed," because of its tangled woodlands.

State agriculture scientists developed fertilizers and additives to fix the acidic, nutrient-poor earth and created soybean strains that could thrive in the tropics. Arable land exploded. Within a decade, Brazil transformed itself from a food importer to a net exporter. By the 1990s it was moving global commodities markets.

"Agriculture in the Cerrado is what took Brazil to the next level," Agriculture Minister Blairo Maggi told Reuters. Known as Brazil's "Soy King," Maggi is a billionaire whose family runs one of the largest private soybean operations in the world, much of it in the Cerrado.

Maggi said growers are respectful of legally allowed limits on deforestation. Their “rational” occupation of the Cerrado has helped Brazil’s economy, he said.

Farmers have emerged as a powerful political force bent on keeping Brazil's countryside open for business. Lawmakers in the country's largely rural, pro-agriculture voting bloc, who comprise more than 40 percent of the nation's congress, have led a rollback of environmental laws in recent years.

Those efforts include a 2012 loosening of Brazil's landmark Forest Code that sets requirements for preserving native vegetation. The change reduced potential penalties for farmers, ranchers and loggers charged with past illegal deforestation, and made it easier for landowners to clear more of their holdings. Annual deforestation in the Amazon last year was up 52 percent from a record low in 2012.

Still, environmental protections there remain the most robust in Brazil. Rainforest farmers are required by law to preserve 80 percent of native vegetation on their plots. And global grain traders in 2006 voluntarily agreed to stop purchasing any soy harvested from newly deforested Amazon jungle areas. As part of its obligations under the Paris Agreement, the government pledged to eliminate illegal Amazon deforestation by 2030.

Brazil has made no similar push to preserve the Cerrado, which has long been viewed as a resource to be developed.

Cerrado farmers are required to preserve as little as 20 percent of the natural cover, and up to 35 percent in areas neighboring the Amazon. Those who don't maximize use of their tracts risk having their land declared idle and subject to redistribution under a 1980 federal land-reform initiative aimed at assisting rural, low-income people, said Elvison Nunes Ramos, sustainability coordinator with the Ministry of Agriculture.

"The message being sent to the farmer is that he should not preserve, he should deforest," Nunes Ramos said of the policy.

A spokesman for Incra, the government agency that verifies the use of the rural land, said its job is to ensure “the fulfillment of the social function of the property.”

WATER, WILDLIFE UNDER THREAT

Environmentalists say the Cerrado's wooded grasslands have failed to capture the public's attention the way the Amazon's lush jungles have.

 People view the Cerrado "just as bushes, twisted vegetation and shrubs," lamented Alencar, the science director at IPAM.

What many don't see, she said, is the connection between the soybean-fed meat on their plates and the steady decline of one of the world's great carbon sinks, a bulwark against global warming.

Plants here send roots deep into the earth to survive seasonal drought and fires, creating a vast underground network that some have likened to an upside-down forest. Destruction of surface vegetation, and the resulting die-off of the life below, released 248 million tonnes of greenhouse gas into the atmosphere in 2016, according to estimates by the Climate Observatory, a Brazilian conservation group. That’s roughly two-and-a-half times the annual tailpipe emissions from all cars in Brazil.

Watersheds are hurting, too.

In Palmeirante, a rural municipality in the state of Tocantins, subsistence farmer Ronivon Matias de Andrade blames expanding mega-farms for damaging a community water source. Dressed in faded shorts and flip flops, he showed a visitor the remains of what until recently had been a shady woodland: uprooted trees and freshly exposed earth pocked with heavy-equipment tracks.

Stripped of its vegetation, sandy topsoil is now filling a nearby creek and an adjoining freshwater pool where he and other rural families draw drinking water. He scooped up a murky handful in disgust.

 "How many are being finished off in this manner in this state?" 43-year-old Andrade said.
 
Environmentalists say vanishing creeks like those in Palmeirante are threatening the nation's water supply. Seemingly insignificant sources - tiny brooks, nameless rivulets - are vital building blocks supplying water to tributary streams that in turn feed some of Brazil's largest rivers.

Of a dozen major water systems in Brazil, eight are born in the Cerrado. They include the Sao Francisco, the country's fourth-largest river, which was once famed for its paddle-wheeled riverboats known as gaiolas. Environmentalists say man-made diversions, including agriculture and hydroelectric dams, have helped alter water levels to a degree that long stretches of the river are now unnavigable during the dry season.

Loss of native ground cover is also driving microclimate change in the region, they say. Reduced vegetation leads to higher ground temperatures and lower humidity, a recipe for less rainfall. A study conducted at the University of Brasilia links deforestation to an 8.4 percent drop in precipitation from 1977 to 2010 in the Cerrado.

Cerrado wildlife is under pressure as habitat shrinks. More than 300 species that dwell here are considered threatened with extinction, according to the government. Among them are 44 rare types of "annual fish" unique to the Cerrado whose short lives begin with spring rains and end with the summer heat. Scientists suspect that increasing dry spells could be interrupting their delicate reproduction cycles.
Other creatures, including rheas - giant ostrich-like birds – will soon join the endangered species list if nothing is done to reverse the slide, says Ricardo Machado, a zoology professor at the University of Brasilia. He said the birds' numbers have plummeted due to loss of native ground cover critical to breeding and nesting.

Machado worries that unique Cerrado plants, insects and other creatures may vanish before scientists have an opportunity to identify them, much less study them.

"There is a universe to be discovered," Machado said. "All attention is focused on the Amazon, no one speaks for the Cerrado."

REINING IN THE SOY BOOM
That's beginning to change.

Dozens of groups, including Greenpeace, the World Wildlife Foundation and the Brazilian research group IPAM, last year began pushing for large multinationals to protect the biome. In a document known as the Cerrado Manifesto, they called for immediate action to stop deforestation in the region.

More than 60 companies, including McDonalds, Unilever and Walmart, have signed on so far. The firms have agreed to support measures that would eliminate native vegetation loss in the Cerrado from their supply chains. But in contrast to the 2006 Amazon soy moratorium, the Cerrado Manifesto did not commit signatories to halt purchases of farm products from newly deforested areas.

Walmart and Unilever said they are committed to achieving zero net deforestation in their supply chains by 2020, meaning any destruction in one region would be offset by recuperation of similar forest elsewhere. Walmart said all its beef suppliers in the Cerrado are monitored to ensure they don’t contribute to deforestation there. McDonalds didn’t respond to a request for comment.

Separately, Netherlands-based Louis Dreyfus Company in June became the first major commodity trader to pledge to stop buying soy from newly deforested land specifically in the Cerrado. The company gave no timetable, but said it would work to establish a “realistic target date” to end deforestation in its Cerrado supply chain.


SOY’S COST: Surging soy production in the Brazilian state of Tocantins shows the bounty of the nation’s agriculture boom as well as its toll on the environment. REUTERS/Pablo Garcia
Brazil's former Minister of Environment Jose Sarney Filho, who recently left office to run for Senate, has proposed an international effort to compensate landowners who preserve natural habitat. He raised the issue at last November's global climate summit in Germany, but the effort has yet to attract major backers.

Farmer Pansera, meanwhile, sees big things ahead for his patch of the Cerrado. Supervising the harvest on his land earlier this year, he watched a pair of combines chew through rows of soybean plants. The giant machines stripped away the beans and spit them into empty grain trucks rolling just behind to catch the bounty.

He said there is no future without growth, and the frontier region of Matopiba is just getting started. He plans to plant an additional 180 hectares of soy next year on newly cleared land.

"There is still a large area to be opened," Pansera said. "It will be one of the great centers of Brazilian agriculture."  

'I vomit 30 times a day' - Caitlin's dilemma


Caitlin White
Caitlin White, 19, suffers from severe gastroparesis

27 August 2018
A teenager with a rare gut condition that causes her to vomit up to 30 times a day has described the difficult choices she faces.
Caitlin White, 19, from Perth, suffers from severe gastroparesis.
Her current treatment includes daily hospital-based infusions which can take up to 12 hours and risk infection.
She says another treatment could bypass her gut, but that also carries major risks.
Her condition basically means there is a delay in emptying her stomach, which causes her to vomit regularly.
Other conditions are also at play which effectively programme her body to be sick.

Hospital visits

Caitlin described her complex condition to presenter Kirsty Wark on BBC Scotland's Kaye Adams radio programme.
She said: "My day-to-day life is dominated by hospital visits.
"I attend a hospital every day for blood checks and infusions which can last from four hours to eight hours.
"On the odd day it can last 12 hours, like it did yesterday (Sunday).
"I'm not allowed to drive because of the condition. I've also got postural tachycardia syndrome, so my heart rate tends to increase."
Caitlin White
As a child Caitlin did not suffer from the condition, but first became ill when she was 14
Caitlin first fell ill with the condition when she was 14 and when her weight was 11 stone.
She now weighs just six stone (38kg).
Over the past five years, the symptoms have become more acute and her treatment has had a major impact on her life.
She said: "The doctors can try anything up to 18 times to get a drip into my arm, because I've got such bad veinous access.
"Once they eventually get a drip in, my infusions run and then I go home.
"I obviously eat and drink when I am at home and when I am at the hospital too.
"But I have had septicaemia seven times this year because I have got such a low immune system."
Her condition has totally changed her relationship with her friends, many of whom have moved on with their lives.
Caitlin said: "I wouldn't go out for a meal or coffee with my friends anymore because I would be very embarrassed.
"When I'm out I take containers or cups - I'm just not the same as my peers any more. They've went on to university and things.
"I still keep in touch through Snapchat and Facebook and things but I don't see them as much."
Caitlin White
Caitlin used to want to be a teacher or lawyer but now says she wants to travel or do something involved with medicine when she is better
Asked how the condition has changed her outlook, Caitlin said: "When I was younger I thought maybe (I wanted to be) a teacher, or maybe a lawyer.
"But now probably when I'm better I would hope to do something involved with medicine or travelling probably."
She was receiving treatment at Ninewells Hospital in Dundee but her care there ended. She now attends Perth Royal Infirmary.
Following an intervention by Scotland's chief medical officer, she recently saw a consultant in Glasgow who advised that total parenteral nutrition (TPN) may be a possible course of treatment.

'Lot of risks'

This would involve a line which delivers nutrients straight to the liver and bypasses the digestive system.
Caitlin described the predicament she now faces.
"There is a lot of risks associated with (TPN)," she told listeners.
"It's a Catch 22: if they decide to give me feed (into her gut) I'm at high risk of 're-feeding syndrome', infections and blood clots.
"But if they don't do it, I am also at risk of infection. I'm malnourished as it is, and there's (the risk of) organ failure as well."
Perth Royal Infirmary
Caitlin currently receives her treatment at Perth Royal Infirmary
Dr Neil Jamieson, gastroenterologist at Raigmore Hospital in Inverness, said gastroparesis was a very difficult condition to treat.
He said: "Thankfully most of the people who have it aren't as severely affected as Caitlin.
"The majority of people have diabetes and the nerves are damaged in the stomach, and the stomach doesn't empty properly.
"But in these severe cases it is very difficult because often it affects young people who lose their independence. It's a very emotive area."
He said: "There are studies under way to look at medicines that might help improve the emptying of the stomach.
"But it's actually very difficult (when) the nervous system is affected - that tends to be one of the most complex of the systems to influence.
"It's a very complicated system in its own way - and to replicate that or just trigger it to work with medicines is very difficult.
"We really are looking to support people as much as we can when they have got such severe disease."

'Last resort'

With no direct experience of Caitlin's case, he said doctors tended to view TPN - if it's going to be used in the long-term - as potentially "a last resort".
He said: "It's not something that is realistically achievable for many years without some risk of complication.
"The gut really is what we need to be feeding if at all possible because it keeps it healthy, and the risks of feeding into the gut are so much lower."
Asked what were her hopes for the future, Caitlin said: "In general, I just hope that my health will improve altogether.
"I would hope that someone would be willing to consider TPN and give it a try.
"Or (I hope) there's a specialist out there who knows how to reduce the vomiting.
"If the TPN was established, the vomiting wouldn't be as frequent because I wouldn't be taking in as much orally."

Monday, August 27, 2018

Sri Lanka mass grave: Dozens of skeletons found in Mannar


Excavations at the mass grave in Mannar
Forensic archaeologists were brought in after building workers unearthed human remains
Experts in northern Sri Lanka are trying to identify the remains of dozens of bodies in a mass grave in the country's former war zone.
So far the skeletal remains of more than 90 people have been unearthed in the north-western town of Mannar.
The mass grave is the second biggest found in the north since the end of the conflict in 2009.
The 26-year war between troops and separatist Tamil rebels left at least 100,000 people dead, and many missing.
A court ordered detailed excavations at the site - a former co-operative wholesale depot near the main bus terminus - after human remains were found by workers digging foundations for a new building earlier this year.
"The entire area can be divided into two parts. In one segment we have a proper cemetery. In the second part, you have a collection of human skeletons which have been deposited in an informal way," said Professor Raj Somadeva, a forensic archaeologist from the University of Kelaniya near Colombo, who is leading a team of experts at the site.
Forensic archaeologist at the mass grave in Mannar
There is more ground still to excavate and he says more skeletons could be found. The remains unearthed by his team include the skeletons of at least six children.
Who the victims were - and who killed them and when - remains unclear. The town of Mannar is dominated by ethnic minority Tamils.
Local police guard the site so no-one can tamper with it and the forensic archaeologists can painstakingly remove skulls and other bones from the dirt without being disturbed. They use brushes and small chisels so the remains are not damaged.
No clothes or other items have been found in the grave that could help identify the victims.
While Mannar town remained mostly under army control during the civil war, Tamil Tiger rebels dominated its surrounding areas and many other parts of the district. The military captured the entire district after ferocious battles, which ended almost 10 years ago.
The way the bodies are arranged inside the mass grave has puzzled the experts.
"We are concerned about the line position. [It is] completely chaotic - you have two layers of skeletons roughly," said Prof Somadeva.
As his team uncovers the human remains, they transfer them to the custody of the court in Mannar, which will decide the future course of action once the excavation is complete.
Prof Somadeva and his colleagues are also yet to determine how the victims died. The age of the bodies will be analysed later.
So far no one has been blamed for the killings.
Prof Somadeva at the Mannar mass grave
Professor Somadeva hopes his work will help find answers
A number of mass graves have been unearthed in Sri Lanka's former war zone since the conflict ended.
None found so far has contained more bodies than a site in another part of Mannar - adjacent to Thiruketheeswaram, a prominent Hindu temple - where the remains of 96 people were discovered in 2014.
But four years on there's still no clarity in this case either, about who was killed and by whom.
Rights groups allege that both the military and the Tamil Tigers inflicted widespread civilian casualties. At least 20,000 people disappeared during the conflict.
But the government has always denied its forces had anything to do with civilian deaths or disappearances.
After years of international pressure, the government set up an independent body, the Office of the Missing Persons (OMP), earlier this year to investigate the disappearances. The OMP has provided partial funding for the excavation in Mannar.
OMP chairman Saliya Pieris insists that a detailed investigation at the latest grave found in Mannar is important.
"The primary task of the OMP is tracing the disappeared and informing the relatives about the circumstances of their disappearances.
Police take into custody a suspected Tamil Tiger guerrilla during a search operation near the Orugodawatte crude oil complex and the nearby Kolonnawa oil tank farm, which were allegedly blown up by suspected Tamil Tiger guerrillas in Colombo 20 October.
Many people were taken into custody during the conflict and thousands disappeared
"One of the aspects of this tracing would be naturally [to find out] if there are mass graves and there are people who have been disappeared, who have been buried in mass graves."
But given the failure of the authorities to investigate the remains unearthed from previous mass graves, there is scepticism among Tamils over what the new inquiry might achieve.
"Hundreds of people disappeared in Mannar district during the conflict while moving from uncontrolled areas to controlled areas," said Victor Sosai, vicar general of the Catholic Diocese of Mannar.
"There have been allegations that several Tamils who were trying to flee the conflict to India on boats were also intercepted and their fate is unknown."
He visited the site of the latest mass grave along with the Bishop of Mannar, Emmanuel Fernando, during the initial stages of the excavation.
"We understand that they have found skeletons of children and adults, we need to really find out more about who these people are and how they died and who was responsible," Rev Sosai says.
The Tamil Tigers were accused of ruthlessly eliminating fighters and supporters of rival Tamil militant groups. They were also accused of executing Sri Lankan soldiers captured in battle.
An injured child at a hospital in an LTTE-controlled area in the Vanni region in northern Sri Lanka as a result of recent fighting between government forces and the separatist Liberation Tigers of Tamil Eelam (LTTE).
HUMAN RIGHTS WATCH -Both sides were accused of widespread atrocities in the conflict
Soon after the end of the conflict, some Tamils accused the rebels of firing at fleeing civilians on the beaches of north-eastern Mullaitivu district during the final days of the war. The military is also accused of widespread atrocities.
But the army dismisses any suggestion that soldiers are connected with the bodies found in the mass grave in Mannar.
"Definitely there is no link between this grave and the army. No one has accused the army so far," said army spokesman Brig Sumith Atapattu.
But many in the minority Tamil community say if Sri Lanka really wants to come to terms with its past, then it has to sincerely address the issue of the disappeared by investigating mass graves.
Only then might the families affected be able to properly grieve and try to move on.

A lesson in how not to draft a constitution

New draft constitution - Part 8


article_image
By C. A. Chandraprema- 

(Continued from last Monday)

We traced the contours of the government’s new draft constitution in seven parts over the past several weeks. What becomes obvious, at first sight, with regard to the present government’s attempts at constitution making, is that it has been trying to do too much at the same time. It has sought to abolish the executive presidency, change the system of elections, create a federal state out of a unitary state by giving the provinces more powers and whittling down the powers of the centre, devolve police and land powers, completely change the structure of the judiciary and place the provinces and the centre on an equal footing with regard to public finance. Even J. R.Jayewardene with a five-sixth majority in Parliament would not have attempted as radical change as that. The only new feature that Jayewardene introduced was the executive presidency which was a very radical change, no doubt, but that was done while retaining elements of the old parliamentary system of governance as well. Even the introduction of the presidential form of government was done piecemeal with the institution being introduced as an amendment to the 1972 Constitution before it was incorporated in the 1978 Constitution.

But what we have now in the present constitution making process is an attempt to erase Sri Lanka as we know it and to design it anew, which is overambitious. If this government had concentrated on the two main political pledges they gave the public at the 2015 presidential election––abolishing the executive presidency and reforming the electoral system––during its election campaign, it would have made a lot of political capital, which may have facilitated further reform.

During the early years of this government, to have captured power by hoodwinking the public and then reneging on their main promise, may have seemed a mighty clever thing. But by such subterfuge this government frittered away its political capital and that has affected the constitutional reform process as well.

While the constitution making process was hampered by yahapalana perfidy from the beginning, another factor which is hampering the process is the scarcely disguised bias in the whole exercise towards the northern Tamil lobby. For example, even this latest draft of the constitutional proposals, incorporates one of the prime demands of the that lobby––a provision for the merging of the Northern and Eastern provinces after holding referendums in the relevant provinces. This despite the stiff resistance that this proposal has encountered from the Muslim and Sinhala population in the North and East for the past thirty or more years. We see in the drafters of this new constitution have gone out of their way to uphold the articles of faith of the Northern Tamil lobby, which is not going to endear the process to the other communities in this country. Witness the manner in which Section 190 the draft constitution has brought in an unelaborated provision whereby two or more provincial councils may ‘cooperate’ with one another in ‘implementing their executive functions’. Though it has not been explained how exactly this ‘cooperation in implementing executive functions’ is to take place in practice, this can be recognized as a hardly disguised attempt to provide a way for the merger of the North and East through the back door if the referendum goes against the formal merger of the provinces.

Indeed, one could say that other than the provisions to abolish the executive presidency and to reform the system of elections, all other provisions are aimed at placating just the Northern Tamil lobby. There is the change, proposed in the public security laws, making it near impossible to continue a state of emergency beyond three months or a period of 90 days within a period of 180 days unless Parliament votes in favour of it with a two-thirds majority. This combined with other provisions in the draft constitution which envisages the creation of provincial, ethnicity-based police forces bearing weapons of their choice, would give an indication of where things are heading. On top of all these is the provision which makes even a declaration of emergency subject to judicial review which would make it almost impossible for a government to handle any kind of disturbance in the country.

One cannot but observe that there is an element of revenge taking inherent in this whole process of drafting a new constitution. On the one hand this government which was elected to power through a majority provided by the North and East, has been imprisoning members of the armed forces on flimsy pretexts. Then through the constitution making process we see an attempt to dismantle the entire legal framework which enabled the armed forces to defeat the separatist terrorist group in the North.

Most people would naturally come to the conclusion that these processes are interlinked. As we pointed out in our previous article, the proposed draft constitution seeks to make the provincial Council the key arbiter in the use and disposal of state owned land while, at the same time, creating a parity between the central government and the provinces when it comes to public finance. What we have in the form of this draft constitution is a complete change in Sri Lanka’s status as a nation state.

Even the colonial powers never tried to make as radical a change of this nature, in the structure of the state and the manner Sri Lanka was governed. Such unrealistic and impractical ambitions are the result of the gung-ho attitude that prevailed within the yahapalana camp after the unexpected victory at the 2015 presidential elections. The victorious coalition divided up the government and the opposition among themselves with the SLFP and the UNP taking over the government and the TNA and the JVP taking over the opposition. Both sides working together stuffed the 10 member Constitutional Council with their supporters and these cronies in turn filled all high positions and independent commissions with yahapalana supporters. The present government has committed outrages against democracy, hitherto unseen in this country, and are probably unprecedented in the democratic world. The proposed draft constitution is a product of this mindset – that they can do just about anything and get away with it.

A Constitutional Assembly has been constituted but there is no transparency in the process that has been going on. There is an attempt by a cabal within the constitution making process to nudge things in the direction it desires. Secret drafts are being circulated among a limited group while the wider public is kept in the dark. What we have seen here is a prime example of how NOT to make a constitution.

(Concluded)