Archive for December, 2006
By D.B.S. Jeyaraj
The last day of year 2006 will fade away today. Tomorrow will see another new year dawning. In retrospect the passing year was nothing to yearn for as far as Sri Lanka was concerned.The new year too has nothing bright to offer.Dark clouds of war gather across the political horizon as both the Government of Sri Lanka (GOSL) headed by Mahinda Rajapakse and the Liberation Tigers of Tamil Eelam (LTTE) prepare themselves for massive confrontation.
There was however a tiny ray of hope in this gloomy, bleak scenario.Eight men and three women endorsed ,on the sixth of December, a set of Constituted reform proposals. The eleven belonged to the panel of experts appointed by President Mahinda Rajapakse to advise and assist the All Party Representative Conference. The APRC comprising members of political parties represented in Parliament was entrusted the task of formulating proposals to resolve the national question through Constitutional reform.
The experts panel consisted of seventeen eminent persons. Of these eleven endorsed one report described in the media as the “majority” report. . Four others presented another “minority” report. Two others submitted a “dissenting” report each. Eleven out of seventeen amounts to almost a two -thirds majority. Apart from that the “majority” was multi – ethnic in composition with six Sinhala, four Tamil and one Muslim representative. All three women experts too had signed it. The other three reports were signed by Sinhala persons. While the majority report was ready to propose maximum devolution the other reports were not prepared to go that far.
As stated in these columns three weeks ago the majority report was a very pleasant surprise to this writer. Given the hawkish overtones of the Rajapakse regime I was quite pessimistic about the APRC exercise. The history of this country is replete with instances of similiar attempts beginning with a hopeful bang and ending in a pathetic whimper. Various Sinhala leaders have used the rationale of “consensus” to convene all – party or multi – party conferences in the past. With different parties pulling in different directions these confabulations meander aimlessly on. The ultimate product diluted considerably aims at the lowest common factor.No worthwhile purpose other than “buying: time is served.
The APRC too would have gone the same way but for the appointment of the expert panel. While the political representatives debated and discussed the experts set about their task more diligently. While the political parties extolled the virtues of village based de- centralisation the experts constructively tackled devolution on a viable basis. Despite divisions ,the expert panel has on the whole produced two major reports and two dissenting reports. The progress chart of the APRC during this corresponding period is quite disappointing.
If Mahinda Rajapakse is genuinely keen on resolving the national question on a just and honourable basis the majority report provided him with a firm basis to do so. Mahinda is lucky to have the solid backing of Opposition Leader Ranil Wickremasinghe in efforts to resolve the ethnic problem. No other Leader ever had such a firm commitment from the leder of the opposition. A memorandum of understanding was signed between the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP). A bi – partisan consensus could be on the cards if both parties work together.
Instead of utilising this rare opportunity and building further on the majority expert report Rajapakse seems to be doing the opposite. Mahinda has reportedly been unhappy about the report. News reports to that effect have not been contradicted. On the other hand the GOSL went to unusual lengths in disassociating from the Majority report. Govt Spokesperson Priyadharshana Yapa was “compelled” to issue a statement in convoluted language casting aspersions on the majority report. This was done as instructed by President Rajapakse
Extracts from a news report stated –
“The elements and institutions in question, have given this misconstruction to the proposals of the Experts Panel, solely going by news sources, without a proper grasp of the reality or, have chosen to arrive at this irrational conclusion, in a bid to belittle the political and legal validity of the laws and regulations enforced, with a view to decisively defeating the LTTE’s fascism,” Information Minister Anura Priyadharshana Yapa said yesterday.
Mr. Yapa in a statement expressed regret that four separate reports had come forth instead of one report, based on the unanimous consent of the Experts Panel.
“Unfortunately, the views of the experts too, appear to reflect and underline the division of our society on the North-East issue. If the experts could achieve oneness in submitting the report, it would have certainly been to the honour of the Panel. However, some party, either for cheap publicity or, with the despicable motive of distorting the sacred objective of the Government, has placed the proposals on a grotesque path. This is to be regretted,” Mr. Yapa said.
The Minister added: “The attempt to place the Government stamp on this set of proposals, has coincided with the placing of the proposals on the grotesque path… However, the Government is confident that it will receive the final, undivided decision of the All Party Representative Committee shortly”.
Apart from this official outburst many Sinhala hard – liners too began criticising the majority expert report. Wild accusations were levelled against the signatories. Conspiracy theories were floated about hidden motives. Sections of the media too were castigated about giving publicity to the expert report findings. Charges were insinuated about mala fide “leaks” to the media. The impression projected was that some major calamity was about to befall the Country because details of the majority report had been allegedly “leaked” to the media.
What was tragi – comic about this situation was that some journalists , pseudo – journalists and military advisers posing as scribes were also beating their breasts about “leaks”. It is common knowledge that most bits and pieces of information is gleaned by journalists from informed circles. If a journalist or journal gets information that no other paper has it becomes a “scoop”. In the case of the majority expert report the publicising of that report by sections of the media amounted to a scoop. But in Mahinda Rajapakse’s topsy – turvy Lanka the “scoop” was maligned as a “leak”.
The four reports were presented to the APRC on the evening of December 6th. Copies of the various reports were being circulated around in Colombo power corridors from about the 4th. Any enterprising journalist with the right contacts could have laid his or her hands on a copy of any report if they wanted to. If this writer in Canada could have had copies of both the majority and minor report shortly after they were presented to the APRC on the 6th then there was every chance of media persons in Colombo getting a copy too.
The entire expert panel exercise was not something secretive. Ideally it should have been open and transparent. The only valid argument against premature media publicity is that subjecting deliberations to public scrutiny could have resulted in some unhelpful behaviour. For one thing people may take up pugilistic positions on the one hand or simply stay mum on the other. Besides in intellectual exchanges of this type participants should be free to change their positions if they so wished. Media publicity would prevent a free flow of ideas and pressurise entrenchment of opinion.
But once the reports are out then it is only proper that they be out in full in the public domain. Media publicity is very necessary.The people have every right to know particularly in matters like this where Constitutional reform is at stake. If Mahinda Rajapakse was genuinely keen on resolving the issue through maximum devolution then the best option for him would have been to publicise the majority report as much as possible. Thereafter the SLFP and UNP could have taken it up in their bilateral discussions and arrived at a conclusion. This in turn would have influenced the APRC to go along with it.
Instead of that the Rajapakse regime has been orchestrating a campaign to discredit the majority expert report. It has jumped the gun and dissociated itself with it when there was absolutely no need to do so. Moreover an official statement has been issued too. There is an unseemly haste to confine the majority report to oblivion. The anger against media sections which revealed details is seemingly due to the fact that media publicity has spotlighted the report in a positive light.
There are also reports that explanations should be called from the four public servants who signed the majority report. I think these reports are incorrect because even Mahinda Rajapakse cannot be that stupid. The four Government servants were appointed as experts to prepare and endorse a report. It is their right and privilege to do so. They were not Govt functionaries in the panel. Asking them for explanations is therefore idiotic and Mahinda is not a moron.
In a bid to whip up opposition to the expert report a misinformation campaign is on to distort some of its recommendations. On the question of a North – East merger for instance the majority report does not have any fixed position. It outlines four possible options. But the idea is being propagated that the majority experts want the N – E merger to be on for ten years till a referendum. This is not correct. Also the report does not explicitly state whether the Country should be unitary or federal. It provides for maximum devolution amounting to federalism within a united Country.The report also proposes reforms that would facilitate good governance.
As far as the minority communities of the Country are concerned there is no denying that the report has proposals of a very positive nature. This perhaps explains the support of minority community representatives for these proposals. It is also important to remember that at least half the number of Sinhala representatives on the panel too subscribe to this report. Among those opposing are persons whose hawkish outlook on the national question is well – known.
The new year dawns with prospects of further and enhanced war looming large.The majority report of the experts panel provides a window of opportunity to bring about a political settlement. That window should not be closed. The report should not be abandoned.
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December 30th, 2006
By D.B.S. Jeyaraj
Several positive recommendations have been presented in the majority report presented by eleven members of the expert panel.Of course these are suggestions incorporated in a preliminary report. Some of these ideas could be modified or altered in the final report. This report will be nominally that of the APRC. While the nomenclature will be that of the APRC there is nothing to prevent the Conference adapting or adopting the recommendations as their own.A news report in “The Morning Leader” providesa limpse into the thinking of APRC chairman Tissa Vitharana on the issue.
The Chairman, All Party Representative Committee (APRC), Science and Technology Minister Prof. Tissa Vitarana will submit a comprehensive set of draft proposals to resolve the ethnic conflict reflecting the thinking of the APRC and the Experts Committee reports early January.
The report will provide for the province to be the unit of devolution and will not make any reference to a unitary state. Minister Vitarana is expected to submit his report before the APRC meeting scheduled for the second week of January.
Minister Vitarana said the task before him is to come out with a solution that addresses the grievances of the Tamil people and meet their aspirations. “I have said categorically, our need is not to satisfy the LTTE but forward a solution which will be acceptable to the Tamil people,” he said.
The Minister further said it was on that basis as recorded in the minutes that the JVP, JHU and the MEP co-operated in the APRC but charged they took a different position outside claiming the objective of the APRC was to satisfy the LTTE.
The UNP will also participate at the next meeting, Opposition Leader Ranil Wickremesinghe said Tuesday..
Minister Vitarana said the Experts Committee reports will not be rejected by him as demanded by the JVP but would use the proposals that find common ground with the APRC.
The Minister who confirmed his report would in all likelihood be ready for the next meeting said it will reflect the thinking of the APRC.
“In doing that, I will incorporate those ideas from the reports submitted by the Experts Committee which fit into that view point,” he added.
The Minister said everyone in the Experts Committee has agreed that the province should be the unit of devolution and that more or less everyone in the APRC was also of the same view.
“Then everyone following our visit to India accepted that the devolution from the province should go down to the village. I will incorporate that in my report. Where there are commonalities in the various reports as well as the APRC, I will put them down as one set of ideas,” the Minister added.
He further said where there are differences in the two reports and where he feels the APRC will be happy with an intermediate position, it would be presented accordingly.
“If I feel the APRC will go along with the position in one report as opposed to the other then I will put that position forward,” the Minister also said.
He said if there were positions that cannot be reconciled, he would present it as a separate option.
Whatever the merits of the majority report and the bona fide efforts of Tissa Vitharana to achieve a satisfactory compromise , there is no doubt that the majoritarian supremacists, national socialists, saffron neo – fascists and hawkish racists will be out to prevent it from being incorporated in the final report. Mahinda Rajapakse is likely to go along with that position unless other pressures are exerted.
For Rajapakse to strike a moderate course Five factors are important.
Firstly there should be internal pressure from within the ranks of the SLFP on him. Instead of letting the extremists and fellow travellers of the JVP – JHU hijack the party saner and moderate SLFP’ers should appeal to Rajapakse on this matter. It is time for people like Anura Bandaranaike, Mangala Samaraweera, Sarath Amunugama, Sushil Premjayanth,Jeyaraj Fernandopulle, AHM Fowzie, Alavi Moulana,Dilan Perera etc to make their presence felt.Even Chandrika Kumaratunga could press from the outside.
Secondly Ranil Wickremasinghe and the UNP should take a firm position. The expert majority report is not to appease the LTTE but to satisfy the people of this Country wanting to live in a united Country with equal rights. Beleaguered as Wickremasinghe may be due to internal dissension it is time for him to be decisive and proactive.Ranil must shed his customary “inactive” approach and strike out firmly. He should call for and initiate bi – partisan discussions on the expert majority report as a starting point.
Thirdly the minority parties should openly and strongly support the expert panel majority report. It is indeed bizarre that none of the Tamil parties including the TNA, EPDP, TULF (Anandasangaree) EPRLF (Naba) PLOTE have commented on the report. The EPDP is the only Sri Lankan Tamil party in the APRC. Its nominee S. Thavarajah was not even present when the reports were presented. The Tamil parties could express reservations on some of the proposals but call for further talks between the SLFP and UNP on the basis of the report. They could support the report but call for further improvement. The parties representing the Muslims and Up – Country Tamils could also follow suit in similiar fashion.
Fourthly the left parties within the Government like the LSSP and CP should also support these proposals openly. This will help counter the pressures on Rajapakse from the MEP within the Government and the JHU – JVP from outside. The statement issued by Vasudeva Nanayakkara on behalf of the DLF is a model to follow.The DLF feels that the proposals are not adequate but welcomes them as a basis for further negotiation. Vasudeva warns that the proposals should not be diluted in further discussions.
Fifthly there is the International Community. The IC consisting of Western nations and India and Japan could also back this report directly and indirectly. The progress of the expert panel in formulating reports was expedited by Indian influence. International persuasion is crucial in making Rajapakse go in for meaningful discussions. Only International pressure could restrain Rajapakse from jettisoning the majority report or whittling it down to a caricature through APRC deliberations.
Countervailing pressure is urgently needed to convince Mahinda Rajapakse of the Majority report merits. Only external input can help persuade the President in this. Time is of the essence.
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December 30th, 2006
By D.B.S. Jeyaraj
The expert panel report “A” is described in the media as the “Majority” report of the expert panel. Eleven out of Seventeen experts comprising six Sinhala, Four Tamil and One Muslim have signed the report. Efforts are underway by “intolerant” forces to make President Mahinda Rajapakse throw the report overboard. The report however has many positive features and the people of Sri Lanka have every right to examine the proposals before arriving at an informed decision.
The full text of the 37 page report has already been posted on this website. Some of the salient features of the report are given below briefly.
Let us look at some of the highlights in the report.
1. Sri Lanka will not be defined as unitary or federal..
2. Every one of the constituent peoples of Sri Lanka will have the right to internal self determination.
3. The Constitution will have a comprehensive Bill of Rights. Group rights will be recognized. Section 29(2) of the Soulbury Constitution will be included.
4. Powers will be devolved on Provinces which will be the units of devolution. There will be Provincial Legislatures and Provincial Governments.
5. Four options have been given with regard to the issue of the merger of the North and East to a single Province. One option is for a permanent merger with internally autonomous units for Muslim and Sinhala minorities. Another option is for a temporary merger with a referendum in the East at the end of 10 years.
6. The Tamils of Indian origin will have an internally autonomous Zonal Council within the Central Province and a Cultural Council recognised by the Constitution.
7. There will be 4 Lists of power distribution, namely, National, Provincial, Concurrent and Local Authorities. The subjects in the Concurrent List will be deemed to be Provincial subjects for the North-East while the other Provinces will be able to have them as concurrent at the outset and gradually make claims to convert them to provincial subjects.
8. Sri Lanka will have a President and two Vice Presidents, each belonging to a different community.
9. There will be a Senate with the Senators elected by the Provincial Legislatures. One of the Vice Presidents will be the Chairman of the Senate.
10. Sinhala and Tamil will have parity of status as the official languages of Sri Lanka. Sinhala, Tamil and English shall be the national languages of Sri Lanka. All three national languages could be the medium of instruction in schools and in universities.
11. The Provinces will have powers over state land.
12. The Provinces will have their own Police Forces.
13. The Provinces will have substantial fiscal powers, including the powers to have access to international finances.
14.. The public service will be restructured so as to make devolution of powers to be effective.
15. The Supreme Court and the Court of Appeal will reflect the ethnic composition of the country in their compositions. The Court of Appeal will have Divisions in the Provinces. The North-East Provincial Government will have powers over lower courts in the Province.
16. There will be a Constitutional Court outside the judicial hierarchy. This Court will adjudicate on matters of interpretation of the Constitution, and the legality of laws before or after enactment. The Court will also adjudicate on executive actions of the President.
It would also be of relevance in knowing more about the seventeen experts who prepared the four reports. Thumbnail sketches about them are given below.The Report submitted by experts 1 to 11 is referred to as the Majority Report by Group “A”. The dissenting Report by experts 14 to 17 is referred to as the Minority Report by Group “B”. Experts 12 and 13 submitted short Riders adverting to the Reports by Groups “A” and “B”.
Members of the Experts Panel
1.Dr. Nirmala Chandrahasan
* Was Acting Dean of the Faculty of Law of the University of Colombo in 1983.
* Daughter of the Late Dr.E.M.V.Naganathan, deputy leader of the Federal Party, and daughter-in-law of the Late S.J.V.Chelvanayakam, QC, leader of the Federal Party.
2.Dr. Shivaji Felix
* Consultant Constitutional Law Expert with a Doctorate on Federalism.
* Son of the Late J.A.R.Felix, former Commissioner General of Inland Revenue.
3.Deshamanya R.K.W.Gunasekera
* Legal luminary.
* Consultant to former President Chandrika Bandaranaike Kumaratunga on constitutional issues.
* Chancellor of the Peradeniya University.
4.Mr. Asoka Gunewardene
* Chairman of the Finance Commission.
* Was Secretary to several Ministries as an officer of the Sri Lanka Administrative Service.
5. Mr. Faisz Musthapha PC (President’s Counsel)
* Legal luminary
* Was former High Commissioner for Sri Lanka in the United Kingdom.
6. Dr. Rohan Perera PC
* Legal Advisor in the Ministry of Foreign Affairs
* Recently elected by the U.N. General Assembly to the International Law Commission
7.Mrs Therese Perera PC
* Legal Draughtsman of Sri Lanka.
* Wife of Dr. Rohan Perera.
8. Mr. N. Selvakumaran
* The Dean of the Faculty of Law of the University of Colombo.
* Was a member of the Sri Lanka Human Rights Commission.
9.Dr.K.Vigneswaran
* Formerly of the Sri Lanka Engineering Service, was the Secretary to the Chief Minister of the North-East Province.
* Was a Member of Parliament, during presentation of Constitutional Bill of 2000.
* Was recently conferred Honorary Life Fellowship of the Institution of Engineers, Sri Lanka.
* General Secretary of the Akhila Ilankai Tamil United Front.
10. Dr. Jayampathy Wickramaratne PC
* Author of a book on Fundamental Rights in Sri Lanka.
* Senior Advisor in the Ministry of Constitutional Affairs.
* Played a key role in constitutional reforms from 1995, culminating in the Constitutional Bill of 2000.
* Member of the Central Committee of the Lanka Sama Samaja Party.
11. Mrs. Malkanthi S.Wickramasinghe
* Secretary to the Ministry of Constitutional Affairs.
* Former Additional Legal Draughtsman.
* Daughter of the Late K.B.Ratnayake, Speaker of the Sri Lanka Parliament.
12.Deshamanya M.D.Dharmasiri Pieris
* Formerly of the Ceylon Civil Service, and Secretary to Prime Minister Sirimavo Bandaranaike.
* Chairman of the Bandaranaike Centre for International Studies, succeeding the Late Lakshman Kadirgamar.
13. Deshamanya K.H.J.Wijayadasa
* Formerly of the Ceylon Civil Service, and Secretary to Prime Minister Premadasa and subsequently Secretary to President Premadasa.
* After retirement from the public service, he joined the United National Party from which he has now resigned.
14.Mr. Gomin Dayasiri
* Senior Lawyer frequently consulted by President Rajapakse.
* Member of the Government delegation to Geneva for talks with the LTTE.
* Counsel in the court cases by the JVP seeking de-merger of the Eastern and Northern Provinces.
* Son of the Late N.Q.Dias, former Defence Secretary under Prime Minister Sirimavo Bandaranaike.
15. Deshamanya H.L.de Silva PC
* Legal luminary
* Consultant to successive Sri Lankan Governments on constitutional matters.
* Member of Government’s team to Thimphu for talks with Tamil organisations and to Geneva for talks with the LTTE.
* Senior Counsel in the court cases of the JVP seeking de-merger of the Eastern and Northern Provinces
16. Mr. Manohara de Silva PC
* Renowned Lawyer and member of the Jathika Hela Urumaya.
17. Prof. Gerald H. Peiris
* Professor Emeritus in Geography of the University of Peradeniya.
* Author of several books and research papers.
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December 30th, 2006
By D.B.S. Jeyaraj
Veteran leftist leader Vasudeva Nanayakkara has come out strongly in support of the majority report submitted by eleven members of the expert panel. The deputy – mayor of Colombo has issued a statement on behalf of the DLF which outlines his position on the matter clearly. In a situation where attempts are being made to discard the majority report and evolve a watered down version through the All Party Representative Conference (APRC) Vasu’s stance provides fresh insight and further impetus to all proponents of a peaceful settlement to the national question. Extracts from the DLF communique are presented below -
“The Interim Report submitted by an eleven member majority of the Expert Committee of the APRC falls short of the height degree of autonomy and the possibility of a near federal constitutional dispensation promised in the 2002 Oslo Declaration.
Nevertheless it is a considerable advance on the 1997 and 2000 constitutional proposals, the previous best so far. The more progressive members of the committee would, no doubt, have had to make compromises in order to achieve a majority consensus – an understandable and important consideration in enhancing the credibility of the recommendation. What is more important is that this Report forms an adequate basis as a solution consensus for initiation with the Tamil and Muslim people.
The real trouble, however, will start only now. Will the government and the UNP have the never to accept these proposals as they stand, or will they water them down to accommodate the JVP-JHU and the Minority reports? The minority is retrogressive on devolution, North East merger and sensitivity to Muslim and UP- country Tamil interest? If the past is any guideline, the SLFP and the UNP leadership have bowed to chauvinist threats; and threats and intimidation there will be a plenty in the coming months. The DLF calls upon the APRC, the APC the PA government and the UNP to resist such pressures.
Strengths and weaknesses
The most welcome aspect of the report is attitudinal. In recognizing that Sri Lanka is a country made up of different peoples it has conceptually grasped the reality that the concerns of different ethnic communities must be addressed up- front as a core issue. The report seeks to foster concord among the constituent peoples of Sri Lanka an excellent phrase, and makes a declaration of plurality (multi-ethnic, multi-lingual, multi-religious and multi- cultural character of the Sri Lanka society)
Unfortunately the Majority has felt constrained to balance this out with near paranoia about threats to sovereignty and fears of secession (section 4). Give the LTTE’s Eelam stance and given that the bottom line of a solution in so far as much the South is concerned, an assurance of the indivisibility of sovereignty and a firm commitment to this principle is obligatory.
However, the report has gone too far in evoking excessive presidential powers and focusing excessive authority in the center to the detriment of devolved provincial democracy. One such undesirable provision is granting the president the right to dissolve provincial governments if he/she feels that sovereignty is threatened.
In India the Center vested with similar powers, which have been abused In the US and other truly federal dispensations the center is denied such powers. Neither the US Administration nor congress can dissolve State Legislatures, nor can the President dismiss non- compliant elected State governors who can be removed only by impeachment. The Report envisages appointed Provincial governors and Chief Ministers from the elected Legislature; such duplication is avoided in the US.
Appointees are always pliant recipients of political patronage, removable at will, unlike elected leaders who derive their authority from the people. Vesting excessive powers in the president and the centre, though couched in the language of safeguarding sovereignty, will in the end come to serve more petty ends.
Asymmetrical Devolution
It is welcome that the report envisages Asymmetrical Devolution in two respects, though it fights shy of using the term. One ,the merger of the Northern and Eastern Provinces for a period of ten years to be followed by a referendum , and secondly ,special provisions for the areas of Muslim and Sinhalese concentration in the Easter Province .
It is necessary and appropriate that an asymmetrical principle ( what befits the N-E is not necessarily what best fits the rest country) has been introduced: this is the meaning of learning from elsewhere and then designing a system that best suits the Sri Lankan situation .An autonomous zone with an appropriate role for the up country Tamils is also envisaged . The Muslim and Sinhalese sub- territories in the East are to be non – contiguous.
Delineating the sub-territories and autonomous zone, designing the devolved powers to be vested therein, and defining their relationship with the larger units within which they are embedded, are going to be very challenging tasks. The report leaves this issue in the form of a large number of possible option in article 6.10 (A to D), presumably to be adumbrated in the final report.
It is a pity that the majority lacked the courage to go all the way and solve this problem by taking the asymmetrical principle to its logical conclusion. The Northern and Eastern Provinces should be treated as a special unit for obvious reasons, but the rest the country does not need seven provincial legislatures and Provincial Governors at all. In the N-E a crisis of ethnic identity and a civil war justifies special asymmetrical arrangements. The rest should have been left alone (as in the Scotland – England case),or been limited to, say just two units.
The present Provincial Council system has been a failure; little has been achieved in terms of devolving power down to the grassroots and there is corruption, waste and duplication.
Administrative decentralization, not an excessive number of units of devolution would much better fit the needs of the South .Seven constitutionally empowered provincial Legislatures in the south with constitutionally devolved powers to make Provincial laws, levy taxes , appoint judges, determine school curricula, administer police forces and make sundry regulation, would be utterly counterproductive in a country of Sri Lanka’s size.
Subject to this concern the DLF broadly and in principle agrees with approach to power Sharing (Section 5, but see next paragraph), Distribution of powers (Section 7), Provisions for up Country Tamils (Section 12), Individual and Group Rights (Section 15) and Land (Section 17). We reserve our comments on Local Government (Section 13) and the public Service (Section 14 seems overly complicated), for the time being.
The DLF agrees that size of the central Legislature should be no more than 180 and that post- devolution a Second Chamber limited in size to about 60 will be needs. However we have reservation whether the latter should be elected be entirely by the provincial Legislatures (Section 5.1) .It would seem more appropriate to establish a mixed method of selection including members directly elected on a district basis.
We are also disappointed that there is no mention in the Report of doing away with the all – proportional method of parliamentary election. And Sub- section 5.2a entitled “the provinces” is quite opaque; it is not clear what the authors are attempting to say.
In respect of Section 8 n the judiciary we have some concern, especially in respect of the N-E devolution unit, that the Provincial high court is unduly subjugated to the Supreme Court and the Court of Appeal. The overlong concurrent list in section 7 suggests that this topic has not been thought out sufficiently.
In respect of the all-important topic of Fiscal Devolution (section9) the Report adverts repeatedly to the provisions of the Constitutional Bill of 2000. This Section consists almost entirely of textbook Principles of fiscal devolution; obviously specific and concrete proposals are still a long way off in the drafting .
The devil, in the end, will be in the details. However, the DLF agrees that it would be more appropriate to return to this matter later, after having had the Report’s principal recommendation endorsed by there APRC and APC.
Language
We do not disagree with the contents of section 16, but we note a particularly glaring omission. The importance of the English language, both as a world language of communications and technology and as a link language, has not been adequately emphasized. A great deal of damage has already been done to youth from underprivileged social classes by the short- sighted policies of ultra – nationalists who have cut them away from a window of opportunity into the modern world and also fostered cultural insularity.
Furthermore, because of its utilitarian advantages young people can be more easily motivated to pick – up English than a second national language; hence in many cases it will become the preferred inter-ethnic link language .These advantage should be recognized and capitalized on.
Defence
The Report skirts around the main issue – the integration of the armed forces of the state and the LTTE – in favour of general platitudes about sovereignty , security and the defence (section 10) Even hare the structure proposed for the police force seems to be overly complex and convoluted. This arises from the Majority Report’s expectation of up to eight units of devolution. We have argued above that a two-until model, or at least a model with a much smaller number of units, is more appropriate .In such units will be large enough to dispense with some elements of the overlapping structure that has been proposed.
We support the concern about making the virtually mono-ethnic police force multi-ethnic, but do not agree that it cannot be done at an accelerated pace.
On the crucial question of integrating and transforming two exclusively mono-ethnic armed forces into a single national force, there he 1983 settlement. In Nepal, at this very moment , an imaginative programme is under way to combine two armies into one; practical steps are being taken to separate and confine the two armies into cantonments, and a new Armed Forces Act is being prepared to pave the way for eventual integration.
Annexure to the Report
We support the recommendation in the subsection on Implementation of Language Provisions. The Subsection titled Security Concerns should be entitled Eliminating Human Rights Violations-there is no point hiding from the truth for reasons of political correctness.
The recommendations in the Subsection on Relief Rehabilitation is not adequate in that it fails to call for the immediate reopening of the A9 and other land routs. The Subsection on Height Security Zones speaks unrealistically of the decommissioning of LTTE arms as opposed to our proposal for integration of the forces made above.
Notwithstanding these limitations we commend the spirit in which the Annexure has been prepared.
Conclusion
The critical comments contained in this DLF communiqué are made for the purpose of public discourse and in a spirit of constructive criticism. Overall we believe that the Majority Report is an adequate starting point to commence negotiation with the LTTE and other Tamil and Muslim entities .We would strongly oppose any father watering down of these proposals by the APRC, the APC, the Government or the PA-UNP under the terms of their joint MoU. A watered down version would serve no purpose; it would fail as meaningful set of initial proposal for negotiations.
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December 29th, 2006
By D.B.S. Jeyaraj
The mystery of the “missing” refugees has been resolved with the security forces declaring that they have taken fifteen youths into custody out of more than 30,000 refugees streaming into Government of Sri Lanka (GOSL) controlled areas of Batticaloa district from the Liberation Tigers of Tamil Eelam (LTTE) dominated Koralaipattru North division known as the Vaakarai region.
Relatives of twelve youths reportedly “missing” after security screening were worried about their fate and had complained to NGO and civilian Govt employees about it. They feared that the youths had been taken by the security forces or the Karuna faction known as Tamil Makkal Viduthalai Puligal (TMVP).
Earlier inquiries about the whereabouts of the missing “dozen” had failed to elicit any reliable information.
The unknown fate of these missing persons was highlighted in these columns by this writer.
The security forces have now officially declared that fifteen persons suspected of being tigers were now in army custody.
Informed security sources told this writer that the twelve persons gone missing were among this fifteen. Later another three had been added to the dozen youths detained earlier.
According to these sources about 25 youths among the thousands of refugees had been detained for further interrogation during the past few weeks. It was suspected that they were LTTE members mingling with genuine refugees.
Ten of these persons had been released after it was found that they were not LTTE members.
But fifteen of those taken in were being detained for further interrogation..
According to these sources twelve of the youths were identified as LTTE suspects by the TMVP while three were identified by the security forces.
The detained persons were being kept at the Mankerny and Valaichenai paper factory camps.
None of those detained were in the custody of the TMVP said these sources. The TMVP was helping security forces interrogate the suspects.
Apart from these four persons had openly stated they were LTTE members and sought “asylum” from the security forces. They were being kept separately while security officials were de- briefing them.
Security sources said that more than 21.000 refugees had come out from LTTE controlled areas in the past two weeks. This brings the number of refugees described as Internal Displaced Persons (IDP) to more than 30,000.
With a large influx of refugees streaming in , security forces suspect that the LTTE may have infiltrated the IDP”s. Some feel that the tigers may have engineered the exodus to smuggle out cadres in the guise of refugees. These cadres could be a potential fifth column in GOSL areas.
So an elaborate screening process is underway.This is given priority. Instead of civilian Govt officials or UNHCR officials recording particulars of IDP’s the security screening is done first.
The Karuna faction or TMVP screens the IDP’s first. “Suspicious” persons are detained for further interrogation.. After the preliminary screening the security forces do another screening. Again people are detained on suspicion for more intensive questioning.
Those cleared at screenings are registered by the army and given light refreshments like tea and biscuits. Tamil songs are played at army camps for the benefit of these IDP’s .
Those in bad health are sent to hospitals. Others are sent to transit camps. The “shuttle” service provided by UNHCR, ZOA and IOM look after transport.
The Karuna faction has opened up temporary “posts” or offices to screen the IDP’s.
Civilian Govt officials have opened up 66 camps in the Batticaloa and Polonnaruwa districts to accommodate the new IDP’s. Of these 22 camps are in schools. All schools are scheduled to re- open for classes in two weeks.
Five permanent camps accommodating 12.000 IDP’s have been set up in Kiran, Sithandy, Chenkallady, Mayilambaaveli and Savukkukkaadu. Tents and sheds are being put up while toilts are being constructed speedily.
Another six permanent IDP camps are likely to be constructed in the next two weeks.
The Batticaloa District Secretary has made an urgent request for further finances from the Government to help cope with this humanitarian crisis.
NGO”s have also been requested to help.
Meanwhile the security forces continued an artillery barrage from three positions into the Vaakarai region.
More than 20, 000 civilians are still living in the region.
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December 24th, 2006
By D.B.S. Jeyaraj
The past few days have seen thousands of pathetic Tamils described officially as Internally displaced persons (IDP’s)fleeing areas such as Vaakarai, Kathiraweli, Paalsenai etc in the Koralaipattru North division of Batticaloa district and seeking refuge in other parts of Batticaloa. A few hundreds have even gone back to villages in the Eechilampattru division of Trincomalee district.
According to official circles the number of displaced people from the Koralaipattru AGA division had reached 27, 837 by the evening of Thursday December 21st.
Most of these helpless people have fled their homes and temporary dwellings with the clothes they were wearing and a few belongings. They have overcome tremendous obstacles to reach what they believe will be a safe haven of refuge.They have resorted to jungle footpaths and water crossings to reach safety.
[Kajanthini, 20, was displaced into a refugee camp in Kataraveli after the tsunami. She sustained serious shrapnel injuries to her liver and kidneys when the camp was shelled by the Sri Lankan Army on Nov 8. She now lives in Aryampathy Camp in Batticaloa, which houses war refugees from the Tamil community - Picture by Tom Pietrasik - telegraph.co.uk]
With about 40, 000 displaced Tamils from Trincomalee district taking refuge in the Koralaipattru north division of Batticaloa district the Vaakarai region population had swollen to more than 50, 000.The Government of Sri Lanka (GOSL) for politico – military reasons wanted the people driven out. De – populating Vaakarai was deemed crucial to defeat the Liberation Tigers of Tamil Eelam (LTTE). In a sense it was like a re – play of what went on in Sampoor region in Trincomalee. A calculated campaign of aerial bombardment and artillery firing was conducted to de – populate Sampoor. When the security forces walked into Sampoor after the LTTE had vacated it, there were no Tamil civilians left.
Now a military campaign on those lines is being implemented to de – populate the Vaakarai region. Aerial and artillery attacks are conducted; food and medicine supply is restricted; refugee camps are shelled; movement of people to and from the area is curtailed; NGO”s are prevented from providing aid; Proper housing , schooling and sanitary facilties are denied. In such a situation the people naturally wanted to get out of the area.
Initially the GOSL security forces allowed people from the LTTE dominated Vaakarai region to move into other GOSL vontrolled areas of Batticaloa district. Around 10, 000 persons moved out in this way. But the LTTE got worried about this slow exodus. Restrictions were imposed.
It was Mao Ze Dong who compared guerrillas to fish and the people to an ocean. If the ocean is drained then fish will flounder . Likewise a region bereft of people will render guerillas vulnerable. The LTTE did not want that to happen. So the LTTE enforced strict controls. People wanting to move out were threatened with dire consequences. Shots were fired in the air to disperse people on the move. Some were beaten. Roads were mined. Other routes were blocked or monitored.
Strangely enough the security forces too imposed a blockade. The entry – exit point at Mankerny was blocked. Movement of people to and from the region was stopped. This in turn led to a drop in the outflow of refugees towards GOSL areas. The state had an ignoble purpose it seemed. It wanted to deprive the people of essentials and make their suffering acute. Moreover deliberate targetting of refugee camps by artillery went on. Restrictions were placed on taking injured people out. Even others needing urgent medical treatment like pregnant women were not allowed in.
The people undergoing immense suffering would have left the LTTE areas for the relatively safer GOSL areas but for certain reasons. One was the hope that the International Community (IC) would expedite action and end their agony. The other was a fear of what lay in store for them in GOSL controlled areas. The most important reason however was the LTTE refusal to allow them out. The fear of consequences at the hands of the LTTE was a major factor.
The situation however got worse. No hope seemed to be in sight. The advent of the monsoon made existentialist problems miserable.. Absence of proper dwellings aggravated the situation in a climate of rain and flood. The acute shortage of food, education , sanitation and medicine increased the suffering. Continuous artillery attacks threatened life and limb. Furthermore there was also the forced recruitment of young ones into the LTTE.
No people on earth can continue to suffer like the people of Vaakarai. There had to come a breaking point. The first signs came when the LTTE began moving out some cadres, artillery and military assets out of the region into Verugal area in Trincomalee and the Paduwaankarai – Tharavai – Vadamunai region in Batticaloa district. The people realised the LTTE was not going to hold out much longer.
Yet the people with long experience of war situations knew a bitter, bloody battle was likely before the final withdrawal. This meant a no holds barred onslaught by the armed forces. It also meant an unrestrained defence by the LTTE that would not pay much heed to the welfare of civilians. There was also the danger of drastic conscription to fight a last ditch battle. Adding to their woes was the weather that would make existence a tremendous burden.This fear of bad weather provided further impetus to the refugee outflow.
So the people began moving out. Initially it began as a trickle but soon became a flow. From hundreds a day the outflow increased to thousands per day. After some attempt to prevent the exodus the LTTE apparently gave up. The local tigers from the area did not have the “heart” to prevent the people from going out. There was some friction among the tigers on this matter. Ultimately the LTTE either turned a blind eye or was simply lax in preventing the people from going out.
With the main roads mined and effectively blocked by LTTE sentries the people resorted to two routes by sea and land.One way was to go out to sea by boat and land on the Mankerny and Kaluwankerny coasts. Another wat was to go out to sea and then turn inland into the Uppaaru lagoon and reach Pethalai and Nasivantheevu in the Valaichenai area.
The land route was to use jungle footpaths.. People used jungle routes to reach the Thirukonamadhu – Kattumurivu areas on one side. They also used jungle routes to reach Welikande areas.Ridithenna became the oasis of refuge and safety.
The rapid flow of displaced persons in such large numbers and within such a short period was something unexpected. Neither the security forces nor the civil administration was equipped to handle this. More than 17,000 had arrived via land and water in nine days. Those coming by boat had taken great risks because of the choppy waters. A few boats had capsized killing several people. Yet the people came braving the dangers. Life is the most important thing to humanity. Humans are prepared to risk death in order to seek life.
By the evening of Dec 21st the IDP”s coming out of Vaakarai region had reached 27. 837. With the total population in the area placed between 50 – 53, 000 (permanent and temporary) this figure amounted to more than half. At the rate that the people are coming out the figure is likely to increase beyond 60 %.
The people are being kept in transit camps for a maximum of three days and then moved out to permanent camps. The UNHCR, ZOA (Dutch NGO) and IOM are providing buses and vans to transport IDP”s from security camps and posts after screening. These organizations take them first to transit camps and from there to permanent camps.
According to Batticaloa officials there are 13 transit camps and 20 permanent camps. These camps are mainly in schools which are now closed due to holidays. Some IDP’s are being housed in transit camps in Polonnaruwa district too. With schools scheduled to commence classes in two weeks alternative accommodation has to be found speedily.
Batticaloa Govt officials in association with humanitarian organizations are engaged in finding alternative accommodation. Batticaloa Government Agent Punniyamoorthy told a Tamil newspaper that the relief assistance provided by the Government was inadequate to cater to IDP needs. It was only NGO assistance that was helping to supplement relief assistance.
Two areas in Mayliambaweli and Chenkallady have been identified to set up large, permanent camps. Other areas being looked at are in Kiran and Sithandy. There is however concern for two reasons. One is the weather and possibility of floods. Will the proposed camps be set up in a manner to overcome adverse weather conditions?
The other is the bane of the East – Conscription. The LTTE as well as the TMVP Karuna faction are engaged in conscription. The IDP camps are fertile grounds for conscription and/or recruitment. Stationing security forces in IDP camps to prevent conscription could bring about new problems. For one thing the role of security forces in aiding and abetting the Karuna faction conscript children has become highly suspect in the aftermath of the Allan Rock mission. Also the LTTE may target security personnel stationed at IDP camps thereby endangering refugees.There could also be LTTE – TMVP confrontations in the vicinity of IDP camps.
Another disturbing area of concern was the security screening of IDP’s. Many of those fleeing had come out mainly to safeguard their children. They wanted a “future” for them. A major fear was conscription at the hands of the LTTE. But a new danger awaits many in the GOSL areas. The security forces suspect that the LTTE may have infiltrated the IDP”s. Some feel that the tigers may have engineered the exodus to smuggle out cadres in the guise of refugees. These cadres could be a potential fifth column in GOSL areas.
So an elaborate screening process is underway.This is given priority. Instead of civilian Govt officials or UNHCR officials recording particulars of IDP’s the security screening is done first.The Karuna faction or TMVP screens the IDP’s first. “Suspicious” persons are detained. After the preliminary screening the security forces do another screening. Again people are detained on suspicion. Those cleared at screenings are registered by the army and given light refreshments like tea and biscuits. Those in bad health are sent to hospitals. Others are sent to transit camps. The “shuttle” service provided by UNHCR, ZOA and IOM look after transport.
The Karuna faction has opened up temporary “posts” or offices to screen the IDP’s. People are treated roughly and suspiciously.For instance, a boatload of IDP”s were “screened” at the TMVP office in Nasivantheevu. The wet and chilled people were kept for long hours as the screening was on. An old woman collapsed during this wait. Many people caught chills because proper attention was not paid as they waited long for screening.
One of the stories troubling IDP’s is that at least twelve youths have gone “missing” after screening. Since there is no official record of IDP arrivals prior to security screening it is quite possible for people to go missing. Any complaint by family members could be officially denied. Also the IDP”s themselves feel very insecure and would hesitate to pursue matters of this nature firmly. At present NGO”s catering to IDP needs are trying to ascertain the varacity of the story of “missing” persons. The danger of recurring “missing” instances is very real.
A fact – finding team comprising members of two NGO’s – INFORM and IMADR – undertook two field trips to Kantalai on Dec 12th and Batticaloa on Dec 13th – 15th. The preliminary report of INFORM draws attention to this security screening issue.
The report also makes some concrete suggestions in this regard that should be actively considered by the authorities. The observations made in this report should receive urgent priority.
There is no doubt that more” IDP”s will arrive from the Vaakarai region in the days to come. Escalation of fighting could increase IDP traffic from other areas too. The GOSL has been cruel and callous in disregarding safety and security of Tamil civilians in the recent past. Its excuse has been that of security for all these acts of omission and commission.
Now these poor people are taking refuge in GOSL areas.Deprivation of basic rights and facilities along with denial of security/safety have compelled these persons to relocate to GOSL areas.
If the Rajapakse regime wants to make some amends for its atrocious conduct and redeem itself to some degree here is an opportunity. The Government should address the needs of these IDP”s immediately and adequately.
LTTE shelling has caused thousands of Sinhala IDP”s in Seruwila and Serunuwara to flee to Kanthalai. The state machinery is working top gear to look after their needs. Such concern and care is missing in the case of these Tamil IDP”s.
These people many of whom have been displaced over and over again are treated like children of a lesser God. This should not be the case.
If the Rajapakse regime wants to redeem itself and restore some respect to its tarnished image, urgent and proper attention has to be paid to the ever increasing number of Tamil IDP”s. The International Community that failed to prevent Tamil civilian suffering should at least pressure Colombo to reach out to these poor civilians whose only “fault” is being born as Tamils in strategic areas of the East.
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December 23rd, 2006
By D.B.S. Jeyaraj
The Northern region of Batticaloa district is being rapidly de – populated of people!
People living amid great hardship in areas controlled by the Liberation Tigers of Tamil Eelam (LTTE) are moving out to the relatively safe areas controlled by the Government of Sri Lanka (GOSL).
There is a propaganda war on. The GOSL says the people are fleeing from LTTE oppression and seeking liberty in GOSL areas. The LTTE says the Government is driving out these people in a systematic campaign of ethnic cleansing. Meanwhile the people are on the move seeking refuge and safety. They are neither for nor against any entity. All they want is to be safe and exercise that fundamental freedom – The right to life.
Theirs is a harrowing tale of sorrow and misery. These suffering humans are mere hapless mortals caught up in a cruel game of war waged by the state and the tigers. Both the GOSL and LTTE have treated them as mere pawns in their calculations. The media is full of stories about territory gained and territory lost while these flesh and blood humans have gained nothing and lost everything.
The displaced people are being de – humanised and reduced to mere statistics. Their suffering is being highlighted in both the pro – GOSL and pro – LTTE media. Their experiences and stories are being used for propaganda purposes. Both sides try to demonise the other . The people are human fodder for the propaganda guns. Both sides pointedly refrain from accepting any responsibility for the abject condition of these people and seek to blame only the enemy
The Koralaipattru North region has been impoverished and backward even during the best of times. Its economy is mainly based on fisheries, agriculture, forestry and livestock and dairy. The outbreak of war has affected it drastically. With the LTTE gaining control of the region it became systematically deprived and deliberately targeted. This northern region of Batticaloa district is separated from Southern region of Trincomalee district by the Verugal river.
The Koralaipattru North region had around 10 – 12,000 permanent residents in April this year. Then came the deliberate bombing and shelling of Tamil areas in the Muthur East region of Trincomalee district. This campaign was undertaken with the ostensible purpose of driving the people out of the strategic Sampoor area. The people fled Southwards moving from place to place in search of safety as aerial bombardment and artillery shelling intensified.
The bulk of these wretched of the North – Eastern earth – whose plight has been spotlighted in these columns earlier – reached the Koralaipattru north region and took up temporary residence as IDP’s. The number of people in Koralaipattru north swelled up to more than 50,000. Their troubles however were not over.
The GOSL began deliberately curtailing the movement of people and transport of medicine, building materials, food, essential goods etc to and from the Koralaipattru north division generally known as Vaakarai region. GOSL also conducted several aerial bombings of the area. Artillery was also used to fire into the area. The GOSL of course justified these attacks and stringent measures on the grounds of security.
In fairness to the GOSL there was some basis for security related concerns. The LTTE had relocated its Trincomalee district headquarters from Sampoor to Verugal on the Batticaloa border. Its main sea tiger base was now in Kathiraveli and Paalsenai. Moreover the formidable artillery battery stationed in Sampoor was also moved out to the Vaakarai – Verugal region.
The security forces accused the LTTE of firing artillery from this region towards Trincomalee district army camps in Maavillaaru, Mahindapura, Kallaru. Somapura etc and also towards Batticaloa district army camps in Mankerny. Cadjuwatte, Valaichenai etc.
While the LTTE oriented hostilities provided the security forces with a convenient excuse to target the Vaakarai – Verugal region there was also a larger objective. The Sinhala – supremacist regime of Mahinda Rajapakse has a major politico – military objective. It wants to de – link the North and East and then bring the Eastern province under its full control.These motives have been described in detail in these columns earlier.
In the process the regime also wants to de – populate Trincomalee district of Tamils and drive Tamils living in LTTE controlled areas in Batticaloa – Amparai into GOSL dominated regions. This is in effect a scorched earth policy where many Tamils will be deprived of dwellings and livelihood and reduced to a hand – out dependent life in refugee camps in their land of historic habitation.
The Eastern province at present has four zones under LTTE domination. The Eechilampattru – Verugal areas in Trincomalee district, The Kanchikudichaaru – Rufuskulam region in Amparai district, Large areas in the Paduvaankarai and Tharavai – Vadanunai region in Batticaloa west and the Vaakarai region in Batticaloa north. While the LTTE dominates most of Batticaloa hinterland the GOSL controls much of the littoral. The only coastal areas under LTTE control in Batticaloa district are in the Vaakarai region.This makes that zone a coveted prize as far as the state is concerned.
The security forces game plan seems to be that of a Southern push in Trincomalee and a North – Eastern push in Batticaloa to take the Vaakarai region. The para – military force being raised under the name of Karuna will be utilised to take on the LTTE in Paduvaankarai and Tharavai – Vadamunai. The STF and Karuna faction will jointly target the Amparai tigers. Already a force of 1200 – 1500 has been conscripted and recruited to fight as Tamil Makkal Viduthalai Puligal (TMVP).
The LTTE realises this fully. Hence its strenuous efforts to retain the Eastern regions under its control. Their attacks and counter – attacks in the East are aimed at retaining territorial control . The Vaakarai coastal area is of crucial importance in this respect. But given the manpower and military assets possessed by the LTTE in the East it seems a foregone conclusion that the tigers will have to give way at some point to a military juggernaut superior in air, sea and land power.
The situation may change if there is a significant LTTE influx of men and materials from the North to East but at present there seems no indication of that happening. The LTTE hierarchy in the Wanni is concerned more with defending the main rear base in the North with the idea perhaps of launching effective counter – offensives. Unless there is some strategic re- appraisal the LTTE leadership is not likely to provide increased input into the East. This means the Eastern tigers can only postpone the inevitable through their tenacity .
Against the backdrop of such an elaborate politico – military design the people of Vakarai region – both permanent and temporary – are regarded as being of no consequence. The deaths, destruction and displacement undergone by them will only be “collateral damage”. The stakes however are high and both sides have been fighting fiercely to win or more importantly not to lose. Inhuman methods have been employed.
The GOSL has restricted food and essential items being taken to the Vaakarai region. Quantities amounting to less than half of what is required have been taken irregularly. Movement to and from the area has been restricted for nearly ten weeks. Access by ICRC, UNHCR and SLMM are severely curtailed. Artillery attacks have been launched regularly.
In a display of callous disregard for civilised norms refugees housed in schools have been victimised on many occasions. Nearly a hundred civilians have been killed and more than two – hundred injured in these attacks. The LTTE request for a “safe haven” in Vaakarai was pointedly ignored.
A slow exodus in search of safety and relatively better conditions began. But the LTTE got worried about this slow exodus. Restrictions were imposed. People wanting to move out were threatened with dire consequences. Shots were fired in the air to disperse people on the move. Some were beaten. Roads were mined. Other routes were blocked or monitored
It was the “great helmsman” Mao Ze Dong who compared guerrillas to fish and the people to an ocean. If the ocean is drained then fish will flounder . Likewise a region bereft of people will render guerillas vulnerable. The LTTE did not want that to happen. So the LTTE enforced strict controls.
No people on earth can continue to suffer like the people of Vaakarai. There had to come a breaking point. The first signs came when the LTTE began moving out some cadres, artillery and military assets out of the region into Verugal area in Trincomalee and the Paduwaankarai – Tharavai – Vadamunai region in Batticaloa district. The people realised the LTTE was not going to hold out much longer.
Yet the people with long experience of war situations knew a bitter, bloody battle was likely before the final withdrawal. This meant a no holds barred onslaught by the armed forces. It also meant an unrestrained defence by the LTTE that would not pay much heed to the welfare of civilians. There was also the danger of drastic conscription to fight a last ditch battle. Adding to their woes was the weather that would make existence a tremendous burden. This fear of bad weather provided further impetus to the refugee outflow.
So the people began moving out. Initially it began as a trickle but soon became a flow. From hundreds a day the outflow increased to thousands per day. After some attempt to prevent the exodus the LTTE apparently gave up. The local tigers from the area did not have the “heart” to prevent the people from going out. There was some friction among the tigers on this matter. Ultimately the LTTE either turned a blind eye or was simply lax in preventing the people from going out.
The IDP figure of people taking refuge in Other areas of Batticaloa has reached 27,837 on December 21st evening. This amounts to more than half of the population in Koralaipattru North. Given the current rate of movement this figure is likely to exceed 35, 000 in a few days unless of course the LTTE enforces firm restrictions. Already the tigers have been accused of using civilians as human shields.
Whatever the propaganda on both sides the actuality on ground is that the people want “out”. They do not want to be caught up in a war they neither desire nor support. After four years of “peace” it seems a heartless crime to make these people suffer the agony and destruction of war.
The people living in Koralaipattru North are moving out primarily to eke out a life of relative safety. They have been pushed to this position by the series of harsh, inhuman measures adopted by the GOSL to drive them out.
The GOSL has reached the heights of hypocrisy when it says the people have escaped from tiger tyranny to seek liberty in Government areas. The GOSL has used brute force and inhuman methods to persecute a voiceless segment of its population and drive it away from its habitat for politico – military reasons. This is part of the genocidal war being waged by Colombo.
The people have no choice. What they want is safety. The would have come out sooner but for LTTE prevention. Life is the most important thing to humanity. Humans are prepared to risk death in order to seek life.
With Vaakarai region being rapidly de – populated GOSL security forces are likely to escalate military activity soon. Massive aerial bombardment and artillery attacks will be launched. The civilians remaining in Vaakarai will be regarded as “tigers” and treated as such. Such classification could be terribly wrong.
Crossing over from LTTE areas to GOSL areas amids at tiger hostility and adverse weather is not an easy task. There are many people in Koralaipattru who are old, sick and feeble. They cannot make the arduous journey so they stay where they are. Besides some of the original inhabitants do not want to leave their homes, livestock or poultry. Some could be prevented from moving by the LTTE too. Under these circumstances it would be a grave blunder to treat those remaining as tigers and unleash violent havoc on them.
The on going de – population of Koralaipattru indicates what lies in store for Eastern Tamils currently. Sampoor was ethnically cleansed of Tamils. A high security zone bereft of Tamils is being established. A similar re-play with slight modifications is likely in Vaakarai too. This pattern is likely to emerge in other theatres of conflict in the East. Later the North too will be afflicted in the same manner.
The Tamil homelands are being systematically ravaged and de – populated. A scorched earth policy is being implemented ruthlessly. Only the Western nations and India can curb the Rajapakse triad. The Tamil people are on the edge of disaster. The regime is all out to wreak havoc. The International Community can halt it if it wants to.
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December 23rd, 2006
By D.B.S. Jeyaraj
At least twelve displaced persons from the Vaakarai region seeking refuge in Govt controlled areas of Batticaloa have reportedly gone missing allege informed sources from the district.
According to these sources the persons were youths suspected of being members of the Liberation Tigers of Tamil Eelam (LTTE) who were masquerading as Internally displaced persons from the Vaakarai region.
The youths had reportedly gone “missing” after security screening conducted by both the Karuna faction known as Tamil Makkal Viduthalai Puligal (TMVP) and security forces.
All attempts to trace the missing persons by relatives and NGO officials have not been successful so far. Official sources have denied that any IDP has been detained.
With a large influx of refugees streaming in , security forces suspect that the LTTE may have infiltrated the IDP”s. Some feel that the tigers may have engineered the exodus to smuggle out cadres in the guise of refugees. These cadres could be a potential fifth column in GOSL areas.
So an elaborate screening process is underway. This is given priority. Instead of civilian Govt officials or UNHCR officials recording particulars of IDP’s the security screening is done first.
The Karuna faction or TMVP screens the IDP’s first. “Suspicious” persons are detained for further interrogation.. After the preliminary screening the security forces do another screening. Again people are detained on suspicion for more intensive questioning.
Those cleared at screenings are registered by the army and given light refreshments like tea and biscuits. Those in bad health are sent to hospitals. Others are sent to transit camps. The “shuttle” service provided by UNHCR, ZOA and IOM look after transport.
The Karuna faction has opened up temporary “posts” or offices to screen the IDP’s.
One of the stories troubling IDP’s is that at least twelve youths have gone “missing” after screening.
Since there is no official record of IDP arrivals prior to security screening it is quite possible for people to go missing. Any complaint by family members could be officially denied. Also the IDP”s themselves feel very insecure and would hesitate to pursue matters of this nature firmly. At present NGO”s catering to IDP needs are trying to ascertain the varacity of the story of “missing” persons. The danger of recurring “missing” instances is very real.
A fact – finding team comprising members of two NGO’s – INFORM and IMADR – undertook two field trips to Kantalai on Dec 12th and Batticaloa on Dec 13th – 15th. The preliminary report of INFORM draws attention to this security screening issue. The report also makes some concrete suggestions in this regard that should be actively considered by the authorities. Excerpts from the report are given below –
“There is no denying that people who have been at the receiving end of shelling by the LTTE and by the SL security forces have suffered tremendously, not only in terms of loss of lives and property but in terms of the psychological harm inflicted on them because of the insecurity and fear generated by the conflict. ”
“However, there is a clear difference between the IDPs in Kantalai and those in Valaichchenai and other locations in Batticaloa, due to the security situation. The IDPs coming out of Vaakarai are viewed with some degree of suspicion and fear by the security forces and by the paramilitaries. Thus, they have to undergo screening and interrogation by two separate groups – paramilitary and army – as they reach government-controlled territory”.
“While there should be no downplaying or undermining of the real security challenges confronted by the security forces in the East, especially in view of the on-going offensive in Vaakarai, humanitarian principles call for IDPs to be registered and their basic needs attended to first BEFORE they are handed over for interrogation. If not, there is well-founded fear that IDPs may disappear during interrogation and not be accounted for due to there being no ‘proof’ – i.e. registration document – that testifies to the fact that the person/s concerned had reached the interrogation point.”
“Security concerns from the perspective of the security forces may have been a criteria when selecting sites for temporary location of the IDPs from Vaakarai. However, it is clear that the safety and security concerns of the IDPs has not been given priority in making the decisions regarding the temporary relocation sites. ”
“As civil society organizations we feel we should lobby the government and the international community to ensure that IDPs from Vaakarai are treated with dignity and rights and are located in sites where there can be no threats to their safety and security.”
“Putting this process into action is all the more critical in view of the fact that the fighting in Vaakarai may continue for a few more weeks at least and thus generate more IDPs. “The observations made in this report should receive urgent priority.
There is no doubt that more IDP”s will arrive from the Vaakarai region in the days to come. Escalation of fighting could increase IDP traffic from other areas too. The GOSL has been cruel and callous in disregarding safety and security of Tamil civilians in the recent past. Its excuse has been that of security for all these acts of omission and commission.
Now these poor people are taking refuge in GOSL areas. Deprivation of basic rights and facilities along with denial of security/safety have compelled these persons to relocate to GOSL areas. If the Rajapakse regime wants to make some amends for its atrocious conduct and redeem itself to some degree here is an opportunity. The Government should address the needs of these IDP”s immediately and adequately.
LTTE shelling has caused thousands of Sinhala IDP”s in Seruwila and Serunuwara to flee to Kanthalai. The state machinery is working top gear to look after their needs. Such concern and care is missing in the case of these Tamil IDP”s.
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December 23rd, 2006
By D.B.S. Jeyaraj
Liberation Tigers of Tamil Eelam (LTTE) ideologue Anton Stanislaus Balasingham passed away peacefully in his South London residence at 1. 45 pm (British time) on Thursday December 14th. His loving and devoted Australia – born wife Adele Anne was by his side as the 68 year old Tamil leader breathed his last. Tiger supremo Velupillai Pirapakaran has honoured Balasingham by bestowing the title “Voice of the Nation” post – humously on him.
His death was not unexpected ever since it was known the doctors had given him 4 – 6 weeks to live. Balasingham or Bala “Annai” (elder brother) as he was generally known among Tamils was diagnosed with bile duct cancer (cholangiocarcinoma), a rare and aggressive malignancy of the biliary system. The cancer was in an advanced stage and spread to his liver, lungs, abdomen and bones.
Bala Annai was a sick man even before cancer afflicted him.He was suffering from diabetes for 35 years and in the late nineties developed renal disease, for which he underwent a kidney transplant in 1999.
When diagnosed as having cancer Balasingham made the following comment to the media on Nov 22nd this year. “it is an unfortunate personal tragedy. However, when compared to the vast ocean of the collective tragedy faced by my people, my illness is merely a pebble. I am deeply sad that I am crippled by this illness, unable to contribute anything substantial towards the alleviation of the immense suffering and oppression of my people.”
Balasingham was chief negotiator of the LTTE and its political strategist. He was called “arasiyal madhiyurainjar” (political adviser.
LTTE chief Velupillai Pirapakaran issued a special statement after Balasingham’s death. In that statement Praba announced that Bala annai had been conferred the “Thesathin Kural” or “”Voice of the nation” title. Usually the LTTE confers “Naattup Patraalar” (patriot) or “Maamanithar” (great human) titles on departed civilian supporters. Cadres dying in combat are made “Maaveerar” or “great heroes”. In the case of Balasingham whose “status” was special in the tiger hierarchy a new honour has been created.
The LTTE leader’s statement is repproduced below -
“A source of unwavering strength in the political and diplomatic efforts of our freedom movement, and the light of our nation is extinguished. Bala Annai, from whom I sought advice and solace, is no more with us. It is an irreplaceable loss for our entire nation and for me.
Bala Annai’s life has been much too short. His death comes at a time when we needed him most, as our freedom struggle intensifies. I cannot find words to express my grief and loss.
From the beginning of our struggle, when we first met, there was a deep mutual understanding. The fondness that rose from that understanding developed into a rare friendship. We thought and acted in unison. Our friendship grew in strength through our shared day-to-day experiences. This friendship stands apart from ordinary human relationships. It matured with time and was shaped by our shared history.
I was deeply fond of Bala Annai. In the great family that is our movement he was its eldest son and its guiding star for three decades. That is how I looked up to him. During the time we lived together as one family, I came to realize that he was no ordinary human being. He was strong and unshakable even during the illness that threatened to take his life and the severe pain that illness brought him. The strength of his soul was inspirational. I grieve for him.
Bala Annai has a permanent historic place in the growth and the spread of our movement. He was its elder member, its ideologue, its philosopher and, above all, my best friend who gave me encouragement and energy. He shared my sorrows, my anxieties and my travails. He was with me from the very beginning of our movement, sharing its challenges and hardships. He was the central figure in all our diplomatic efforts.
Saluting the immeasurable service he rendered our nation in the political and diplomatic arenas and the efforts by which he put our national freedom movement on the world stage, allowing our nation to stand with dignity, I am proud to bestow the title of ‘Voice of the Nation’ on Bala Annai.
Bala Annai has not left us. He will live permanently in our thoughts. ”
Meanwhile a three – day period of mourning has been declared in North – Eastern Sri Lanka and amidst Tamil diaspora sections abroad. It will be effective from Dec 15th to Dec 17th.
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December 15th, 2006
By D.B.S. Jeyaraj
Anton Stanislaus Balasingham was born in 1938. He was a blend of many strands. His father was from the East and Mother from the North. His mother was a Christian and father a Hindu. His parents were also of different castes.Though raised as a Catholic Balasingham soon became a rationalist and agnostic. Yet he was deeply moved and inspired by the teachings of Lord Buddha. Balasingham’s first wife was a Jaffna Tamil protestant. His second wife was an Australian woman of anglo – saxon extraction. He was a British citizen but yearned for his homeland – Tamil Eelam – which he believed was a state in formation.
Balasingham’s grandfather was a “saiva kurukkal” (non – brahmin priest) from Mandur in Batticaloa district. His father was an electrical foreman at the Batticaloa hospital. Bala annai’s mother was from Jaffna town and a former resident of Martins road. She was a midwife by profession and was working at the Batticaloa hospital when she met. loved and married Bala annai’s father.
She was later separated and then widowed at an early age. Balasingham along with mother and elder sister moved to the North as a child. They settled down at Karaveddy in the Vadamaratchy sector. Bala Annai’s mother worked as midwife at the “Ambam clinic” in Karaveddy near the Athulu water tank. They rented out a house near the clinic which belonged to former Palaly Training College Principal , Kandasamy.
In his childhood and early youth Balasingham was known as AB Stanislaus. He attended Sacred Heart College in Karaveddy and Nelliaddy Central College (later MMV) in Nelliaddy. Karaveddy – Nelliaddy was a leftist bastion those days. The legendary Pon. Kandiah and many other “communists” hailed from there.Young Stanny as he was known then was also subscribed to leftist ideologies. Another of his favourite pastimes was to sip tea and play cards at the tea boutique at Nelliaddy junction run by “Sangunni” who was a Malayalee from India.
One man who profoundly influenced Stanislaus those days was the doyen of Tamil cartoonists Sivagnanasundaram who ran the reputed magazine “Sirithiran”later. Cartoonist “Sundar” as he was known was famous for his “Savari Thambar”strip. He too was from Karaveddy.It was due to Sivagnasundaram’s efforts that Stanislaus was apponted sub – editor at the Colombo Tamil newspaper “Virakesari” in the early sixties.
Stanny stayed in a grandpass chummery close to the “Virakesari” those days.Former colleagues at the “Virakesari” speak of him as a man engrossed in reading most of the time. He was not concerned about his appearance and not very particular about clothes. Meals too were not at regular times. At the “Virakesari” Stanislaus was soon put in charge of foreign news. This entailed translation of Reuters copy and other articles on foreign affairs. Balasingham however was keenly interested in philosophy and psychology. He also dabbled in hypnotism.Ex – colleagues descrbehim as Spiritual but not religious.
Things changed soon as Stanislaus got a job as Translator at the British High Commission. There was a transformation in his appearance as he opted for smart clothes now. This was not entirely due to the new job alone. Cupid too had struck. He was enamoured of a beautiful Tamil woman at the Britiish Council adjacent then to the HC. There was a romance . They married .
But their happiness was short – lived test when his first wife became extremely ill requiring advanced treatment abroad. British authorities were very sympathetic and generous . Both were allowed to go to England. Balasingham continued his higher education in England. But his wife’s condition deteriorated. She had chronic renal failure, ending with her requiring life sustaining haemodialysis. Balasingham discovered in London that he too had diabetes.
It was a life of hardship and sacrifice then with Balasingham having to work, study and care for his ailing wife. After six years she died. By this time Balasingham had become acquainted with a trained hospital staff nurse who also a “stranger” in Britain as she was from Australia. A second romance flourished between the young widower Anton and the nurse Adele Anne. They married very simply at the registrar’s office in Brixton , South London on Sep 1st 1978.
Balasingham’s MA dissertation at the South Bank London Polytechnic was on the psychology of marxism. Later he began reading for his PhD on alienation under John Taylor.He never completed his Ph D. But the media generally refer to him as “Dr” Balasingham.Why did he not complete his Ph D? Adele says in her book “The will to Freedom”.thus -” But the demands of the revolutionary politics of the national liberation struggle of his(Balasingham’s) people constantly intervened in his research and teaching. A time came when he was compelled to choose between an academic life and revolutionary politics. He chose the latter for he viewed the cause of his people as just and to serve that cause was meaningful”.
Both Adele and Anton Balasingham served the Tamil people to the best of their ability. While he was called Bala annai she was called “Anty” (Aunty)/ In her book Adele speaks of her life with Anton in the following manner -
“…It all began when I married a Tamil man, Anton Balasingham, from the island of Sri Lanka, in 1978. In that union, I married the collective consciousness and history of a people: a man who embodied the Tamil psyche with all its strengths and weaknesses. greatness and failings. That history took me to live in the society and culture of one of the world’s oldest Eastern civilisations: in the land of the ancient historical origins of his people, Tamil Nadu, the Southern Dravidian state of India.
For many years too I lived in his birthplace, Jaffna, the cultural capital of the Tamil people in tile Northeastern part of Sri Lanka, otherwise known as Tamil Eelam. I became immersed in the trials and tribulations, joys and celebrations of a people in the throes of a struggle to survive against a sophisticated manifestation of genocide. Subsequently, for the past twenty-three years of my life I have been exposed to extraordinary and unique experiences.
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December 15th, 2006
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