The Buddha statue and Tamil solidarity in Trincomalee

April 8th, 2006

by D.B.S. Jeyaraj

Today the Ilankai Thamil Arasu Katchi or ITAK has been reborn as the political party representing the Tamil National Alliance. The TNA is now the shameless slave of the Liberation Tigers of Tamil Eelam in the name of Tamil nationalism. Despite this sorry situation the politically beleaguered Sri Lankan Tamils have virtually no choice other than to support the TNA or ITAK at electoral hustings . This is both to express ethnic solidarity as well as register protest against the oppressive activities of the state and its repressive organs.

This collective mindset is very visible in regions where Tamil identity in general and Tamil security in particular are vulnerable. In such situations the Tamil people are faced with only a hobson’s choice. This was and is clearly manifested in Trincomalee where Tamils have shown massive solidarity in the past. The Tamil people of Thirukonamalai town, electorate and district have continually supported the FP and later the Tamil United Liberation Front. Now they are firmly behind the ITAK when it comes to elections.

The Local authority elections held on March 30th recorded a remarkable victory for the Tamil National Alliance candidates contesting under the aegis of Ilankai Thamil Arasu Katchi . They won the Tamil majority Trinco UC and Pradeshiya Sabha and the “Tamil” seats in other councils. In Verugal PS they were elected unopoosed.

Ilankai Tamil Arasu Kadchchi (ITAK) won one seat each in Kantalai PS, Seruvila PS, Morawewa PS, and Kinniya UC, two in Thamplakamam PS, three in Kuchchaveli PS and 4 in Muttur PS in addition to capturing power in the Trincomalee UC (10 seats), Trincomalee Town and Gravets PS (06) and Verugal PS (07 seats-uncontested).Total number of councillors in the thirteen local authorities including two urban councils and eleven PS is 118. Of these ITAK members number thirty - six.

Different sections will interprete the results in different ways. What cannot be ignored or glossed over is the fact that Tamils in Trincomalee displayed great solidarity in voting for the ITAK. This is basically due to the Trinco Tamils feeling under threat . The polls are one way of ventilating their pent up emotions. Also in a multi - ethnic society such as Trincomalee the act of voting becomes almost a sacred duty.Failure to do so would result in other forces filling the vacuum.

The insecurity and political resentment felt by Trincomalee Tamils are both historical and contemporary. Trincomalee was a pre- dominantly Tamil speaking region at the dawn of the 20th Century. Tamils were the leading community. Yet state sponsored colonisation schemes and other planned settlements began altering the demographic structure drastically with outsiders being brought in. A comparatively lower birth rate along with an outward flow in Tamil migration saw the Tamil population ratio decrease. The escalation of the ethnic conflict accelerated this process.

With the protector deity of Trincomalee Lord Koneswarar himself under siege in the name of security his worshippers are thoroughly demoralised. There has been consistency in the efforts to de - Tamilise Trincomalee. There is a “Panchabalavegaya” in this project. Bureaucrats, Politicians, businessmen, Buddhist clergy and armed forces comprise this five - pronged force which seeks to “Sinhalaise” Gokanna.

The results are quite visible. Mudalikulam is now Morawewa;Kumaresan Kadavai is Gomarankadawela; Pankulam is Pankulama;Vilankulam is diwulwewa; Kallaru is Kallara;Thambalagamam is Thambalagamuwa; Kanthalai was once a Tamil region. Today the PS has one Tamil member only . Tamils on the whole are now in certain pockets only. The main roads now run through newly “sinhalaised” areas. The premier Tamil stronghold is the town and gravets area. Even there Tamils are fast becoming ghettoised.

The underlying reasons behind clashes of communalism are very often attributed to commercial conflict. The Trincomalee market is an example. The “market gang” consisting of Sinhala elements slowly took over the original market. Originally Sinhala commerce was confined to fish only but gradually began enlarging. They were strongly backed by the bureaucrats, armed forces and clergy.

Strangulated Tamil business interests in a rear - guard action tried to develop their own market in a Tamil neighbourhood. Tamils strongly supported a TELO backed Independent group led by Periyapodi Sooriyamoorthy in the nineties.He made it his mission to construct a market. Yet it was not allowed to function. N- E Governor Gen. Asoka Jayawardena used his powers to prevent its opening. Once again security was cited as an excuse. Adding insult to injury was the assault on Sooriyamoorthy in public by a security official.

[Photo TamilNet]

If these are past reasons for Tamil insecurity the present has its own crop too. Chief among them is the Bus Stand Buddhist statue. Last year a larger Buddha statue replaced overnight a smaller one near the three - wheeler stand in mysterious fashion. It was on Urban Council property and had been done illegally.LTTE backed Tamil organizations whipped up protests.Violence pervaded the atmosphere.The state responded not by taking steps to remove the controversial statue but by bringing in additional security personnel to protect the statue and curb peoples protests.

The problem here was not the erection of Buddha statues itself but the motives and manner of such erection. The erection and construction of Buddha statues in public places or unde r Bo trees has in many instances transcended the realm of genuine piety and devotion. There are many instances of these comprising a political project. The Buddha statues are very often symbols of intrusive supremacy.One realises that the vast majority of Buddhists in the Country have nothing to do with this political Buddhism and are appalled by the blatant abuse of Buddha statues. They are however voiceless in the face of this “mahajathiya” juggernaut attempting to crush the “sulujathiya”.

High level meetings were held to resolve the situation. At a meeting attended by N- E Governor Tyronne Fernando, Minister Maithripala Sirisena and Deputy - Minister Dilan Perera an assurance was given that the statue would be peacefully removed and deployed security personnel gradually withdrawn. It was also decided that the Attorney - General’s advice be sought. After a series of meetings the AG dept filed a plaint in the Trincomalee courts seeking removal of the Buddha statue. Within days a fundamental rights plaint was filed by a Buddhist prelate against the AG. The Chief Justice himself heard the case and delivered a controversial ruling.

The “Tamilnet” of July 19th 2005 reported the case as follows:

” On the instrustion of Supreme Court Justice Sarath N Silva, Attorney General (AG) withdrew the case filed by him in the Trincomalee District Court last month seeking a declaration that the Buddha statue which was erected in the Trincomalee bus stand vicinity is illegal.

Consequently Venerable Dehiowitta Piyatissa Thera, chief priest of the Chinabay Sri Bodhirajamaha Vihare withdrew the Fundamental Rights petition he filed against the AG. The AG also agreed to withdraw the letter instructing the Urban Development Authority (UDA) to take steps to remove the Buddha statue, legal sources said.

The AG did so on the instruction of the Chief Justice when the FR petition came before the bench comprised the three Justices including Mr.Nihal Jayasinghe and Mr.Nimal Gamini Amarathunge..

Counsel Mr.S.L.Gunasekara who appeared for the petitioner argued there are several unauthorized structures of statues and temples of other faiths in Trincomalee. The AG has filed action in the Trincomalee District Court only for the removal of the Buddha statue erected in the bus stand premises. Hence this violates the fundamental rights of the petitioner.

Mr.C.R.De Silva, Solicitor General appeared for the Attorney General submitted to court that the government has filed the case to reduce tension in the town following the erection of Buddha statue. He further submitted to court that the AG has also taken steps to remove other unauthorized religious structures in the Trincomalee.

However the Chief Justice instructed the AG to withdraw the case filed by him in the Trincomalee District Court as he has no authority to interfere in civil matters and to issue instruction to government agencies.

Thereafter the petitioner withdrew his FR petition.

The Prelate in his petition alleged that the AG had directed the UDA to take steps under Section 28 of the UDA Act to remove the Buddha statue. The AG had referred the statue as the bone of contention in the Trincomalee district.

The petitioner further stated the AG and his department had instituted a case in the Trincomalee District Court seeking the declaration that the statue was an illegal structure in order to have the statue removed on that basis.

The petitioner further said although there were around 17 illegally erected religious statues on State lands in Trincomalee out of which seven were Hindu Kovil, six churches or Christian statues, AG had directed UDA to remove only the Buddha statue.

The petitioner alleged the selective and discriminatory conduct was in violation of the Article 12 (1) and (2) of the Constitution. The removal of the statue would preach peace and cause irreparable loss and damage to the Buddhists in the area. The petitioner sought two interim reliefs: - A stay order preventing the removal of the statue by the UDA and to stay the proceedings in the Trincomalee District Court, legal sources said. ”

Thus the Buddha statue incident assumed grave proportions. Tamils began feeling that they could not rely on assurances given by the state. True justice too seemed out of the question. The “panchamahabalavegaya” was too powerful.There was a deep sense of grievance.

Veteran Tamil politician and Trincomalee district Parliamentarian Rajavarothayam Sambandan aptly described the situation in Parliament on July 20th 2006. The text of his statement read out in Parliament was as follows

“Mr. Speaker,

“I wish to raise the following question relating to a matter of public Importance viz:- The situation that has developed in the Trincomalee Town, and the Trincomalee District consequent to the installation of a statue of Lord Buddha under the cover of darkness on 16 May 2005, without permission from any authority, on land belonging to the State/Urban Council,Trincomalee close to the fish and meat markets and liquor bars, in an environment wholly unsuitable for the veneration of Lord Buddha.

“This statue of Lord Buddha was clearly not installed at this location for purposes of worship.

“The motive for this act was the promotion of conflict between the people of different races and religions.

“This act was part of a concerted plan to destabilize the situation in Trincomalee, and disrupt the conclusion of any measure relating to the implementation of post-tsunami activities that could help in promoting confidence amongst the people in the Northeast; the ultimate objective of this act being to impede the furtherance of the peace process.

“The vast majority of the people looked upon this as an act of unwarranted aggression.

“There was a demonstration, a hartal, against this act in Trincomalee. Sporadic acts of violence occurred at different places in the ensuing days.

“Additional contingents of armed forces, 100% Sinhala in composition, and additional Police Forces, more than 98% Sinhala in composition were brought into Trincomalee and stationed on duty in substantial numbers in thickly populated areas of Trincomalee town. The Trincomalee town and its outskirts presented a picture of being under military occupation. The Tamil people feel insulted and humiliated by this unwarranted oppression. The innocent are being punished for no reason.

“A government team consisting of the Leader of the House and Minister, Hon. Mithripala Sirisena MP, Hon. Tyronne Fernando Governor Northeast Province, Hon. Dilan Perera MP Deputy Minister, and Mr.Harim Pieris Presidential Advisor and spokesman met with the Tamil representatives at Trincomalee on 25th May 2005. The following assurances were given:-

1.Legal action would be instituted in court for a declaration that the installation of the statue was illegal.

2.Legal action would be instituted through the Urban Development Authority for the removal of the statue.

3. There would be de-escalation in the presence of the armed forces and police, progressively returning to a situation as in normal times.

Legal action was instituted in the District Court of Trincomalee as per the first assurance.

No action was instituted as per the second assurance.

The presence of the armed forces and the police has continued to be more or less the same.

“A grave incident occurred in Trincomalee on 10th July wherein four unarmed persons, including LTTE cadres and civilians were gunned down and killed. On behalf of the Tamil National Alliance I issued a statement in regard to the said attack. I forwarded a copy of the said statement to Her Excellency President Chandrika Bandaranaike Kumaratunga with a letter urging immediate action. I table the said letter and statement and request that the same be included as part of the Hansard.

“On the 13th of July 2005 a Fundamental Rights application filed in the Supreme Court in regard to the legal action instituted in the District Court regarding the unlawful erection of the Buddha statue was taken up for hearing before Justices Shiranee Thilakawardane, Nimal Gamini Amaratunga and Salim Marzook. The media reported that during the hearing Justice Nimal Gamini Amaratunga posed the question as to whether “anyone had the right to erect on state land, a Buddha statue thus committing an unlawful act, and in regard to the said matter, claim relief in court stating that his fundamental right had been violated”. The hearing was adjourned till 18 July 2005.

“On 18 July when the case was taken up for hearing before Chief Justice Sarath N. Silva and Justices C.N. Jayasinghe, and Nimal Gamini Amaratunga the same was concluded on the footing that the Attorney General would withdraw the action filed in the District Court and that the Petitioner would withdraw the Fundamental Rights application filed in the Supreme Court.

“This decision completely negated the decision taken by the government pertaining to the Buddha statue.

“The Sunday Observer of 17 July reports that “On receipt of intelligence reports concerning the possible subversive involvement of a leading political party in the south, in the recent disturbances taking place in Trincomalee, the government has initiated a full probe into the entire range of incidents in the area during the last few weeks”. The report continues, and I quote, “Attempts are also made by certain political forces to involve lower ranking elements of the armed forces too in these subversive activities”.

“In the context of the Armed and Police forces being almost entirely Sinhala in composition, these subversive activities place the Tamil people in Trincomalee in the most vulnerable position.

“All persons taken into custody during the recent unrest were Tamils. Though Tamils have been the victims of violence at the hands of the Sinhalese, not one Sinhalese person has been arrested. The law and order enforcement machinery in Trincomalee is very heavily biased against the Tamils.

“Yet another statue has been unlawfully erected recently on the Kantalai Tank Bund Road, though all the Members of Parliament in the district were opposed to such installation, barring one. This is yet another step in the concerted attempt to disturb the situation in Trincomalee.

“Such a lawless situation does not portend well for peace and stability in the Trincomalee District nor in the whole of the Northeast.

“Since independence, the Tamil people have been consistently betrayed by every arm of the government.

The Tamil National Alliance calls upon the government to respond to the following questions: -

1. What steps will the government take to honor the assurances given by the high-ranking government delegation in regard to the removal of the Buddha statue?

2. What steps will the government take to bring to an end the subversive activities being presently carried on in Trincomalee by forces with a vested interest in disturbing and destabilizing Trincomalee and the NorthEast?

3. What steps will the government take to relieve the Tamil people of the oppressive presence of the excessive Armed and Police forces, and to ensure impartial implementation in the enforcement of law and order?

Sambandans questions are yet to be answered comprehensively. Meanwhile the heavily guarded Buddha statue continues to remain still. Nobody worships the barricaded Buddha surrounded by well armed security personnel. The statue instead of evoking peace and tranquilty has been turned into a source of tension and insecurity.

While not wanting to hurt the sensibilities and feelings of all true Buddhists the point however harsh has to be made that the Buddha statue erected illegally at the Bus stand area in Trincomalee is today perceived as a symbol of Sinhala - Buddhist supremacist oppression. It stands above the law and is maintained through force. Every Tamil in Trincomalee sees it as a totem of aggression.

The Buddha statue issue resonated strongly in the local polls campaign. It was perhaps the single biggest issue that galvanised Tamil voters into supporting the ITAK. The ballot provided an avenue to express their solidarity in protest.There was no LTTE pressure or campaigning here. After victory several councillors have gone on record that priority would be given to resolving the issue. The Buddha statue has succeeded in firmly uniting the Trincomalee Tamils at the local authority polls.

Entry Filed under: transCurrents