Presidential powers and the fate of Sri Lankan Tamils
Ego trip beyond the pale
President Rajapakse seems hell-bent on conceding nothing beyond second-class “citizenhood” to the Tamils in Sri Lanka. The evidence is overwhelming. From the time the guns fell silent, thanks mainly to the brilliant and persevering tactics of General Fonseka and the three forces, Army, Navy and Air Force, the President is perpetually engaged in triumphalism, an ego trip beyond the pale.
No meaningful debate has been initiated by the regime to involve the interested parties towards a lasting solution. No constructive dialogue has been encouraged to bring the main grievances of the Tamil people to public awareness; no signal has been given as to the government stance on the core issues of the Tamil population in the country-Tamil homeland, implementation of the 13th Amendment, land and police powers to be devolved to the province etc. Euphoria after the war victory continues, branding every notion of fair-minded argument for a just settlement to the Tamil question as unpatriotic and traces of international conspiracies. This in not the random behavior of a clan in power, on the contrary, it is the outcome of a well-orchestrated coup intended to deceive and brainwash a thinking public.
The art of deceit
They have learnt their lessons from the best in the art of deceit and lies – Joseph Goebbels – Hitler’s infamous Minister of Propaganda. Firstly, repeat of a lie over and over again makes it look like truth and secondly, wrapping the most dastardly of crimes in an acceptable lingo such as “final solution” for the mass murder of Jews. The finest examples of these are “zero casualties” for an armed conflict that devoured tens of thousands of soldiers and civilians and “humanitarian operation” for the most brutal warfare conducted between two parties in modern Sri Lankan history.
However, as in most cases, history is chronicled by the victor. Consequently, at least for the time being the ruling junta
decides what and how the facts are presented to the world. But unlike the ancient times, there is something called instant relay of news in the twenty first century. What’s happening in the warfront is brought before our very eyes into our drawing rooms via television and mobile phones in a matter of hours if not minutes. I don’t think that the Rajapakses factored that in.
In the last week of June 2011 President Rajapakse told, of all audiences, the media, that The Right to Information Act is not necessary. How confounded and confused can this man be? The arrogance and condescending attitude of the man is immeasurable. One can understand if this is coming out of the mouth of a military dictator or a monarch; to realize that this is your President who was elected by your own free vote is beyond the pale. What is even more perplexing is the silence of the so-called free media in the country. The situation has to get much worse before it starts getting better!
Thimpu demands
Almost from the earliest phase of this crisis, the fundamental demands of Ceylon Tamils remained the same. They were very well defined in the beginning of Thimpu talks that were held in July 1985. The four preliminary demands of Sri Lankan Tamils were:
1. The Tamils to be recognized as a distinct nationality
2. The recognition and guarantee of the territorial integrity of the traditional homelands of the Ceylon Tamils
3. The right of self-determination of the Tamil nation, and
4. recognition of citizenship and fundamental rights of all Tamils who regard Ceylon as their home
Self determination
The bone of contention for Sinhalese would be the third demand, the right of self determination of the Tamil nation. However, in this writer’s mind, this demand does not necessarily mean a separate state; if the objectives of a self-determined Tamil nation could be met via a province or an amalgam of provinces into one with extensive devolution of powers from the center to the provinces with land and police included. If the President can coax his set of Sinhalese chauvinists to concede this, I am sure he can sell a viable solution to the country at large, despite some strong protest that might emanate from the Buddhist clergy.
The line ministries will have to be honestly committed to the devolution package without any reservations and this is where the goodwill of the presidential powers will be tested and tried. Does the current holder of this office have the will, the desire and the courage to persuade his cabinet and other parliamentarians to go along with it? If not, the J.R. Jayawardena Constitution of 1978 will have failed in its most fundamental way. Surely the very reason that this Constitution was invested with wide and extensive powers to the Executive would be to harness that power to bring about a resolution to the most crucial problem the country has faced in its storied history.
PHOTO:J.R.Jayawardena
Dictatorial powers
The 18th amendment has given even more extensive flexibility and almost dictatorial powers to the President. If the Rajapakse regime opts not to use these powers for the benefit of a lasting solution the country’s most nagging problem and instead uses that same to enrich themselves while keeping the populace informed (sometimes misinformed and ill-informed through the state media) then it tells a totally different story.
J.R.Jayawardena used the same tactic to frustrate the then civilian Tamil leadership as well as the militants in order to appease the Sinhalese chauvinists in his cabinet. However, when all the chips were down JRJ still used his presidential powers to sign the Jayawardena/Gandhi accord and the 13th amendment to the constitution is the result. This made JRJ unique in that even though he was the prime mover behind the sabotage that propelled the Buddhist clergy at the time to pressurize SWRD Bandaranaike to abrogate the Bandaranaike/Chelvanayagam pact.
JR’s legacy
People say that J.R. Jayawardena’s legacy is what he did not do during the crucial days that followed the ’83 July riots, but thanks to him and only him there is at least the 13th amendment which extended some degree of autonomy to the Northern Tamils in Sri Lanka. It is true that the spirit of the 13th amendment was never adhered to by the centre, by withholding adequate funds and instructing the Cabinet Ministers not to devolve a certain measure of power through their line ministries. Mr Rajapakse is doing the same and he does not seem to be in any way, shape or form inclined towards extending any concessions to Tamils. He does not have the will, nor the desire and guts, for the ghost of General Fonseka is occupying his worst political nightmares.
At the same time the present Tamil leadership too must understand the true nature of the Sinhalese mindset. If you push too hard, you are not getting anywhere. Consider the untold misery that the war brought about to your brethren and also remember, history is always changed by peacemakers not warriors.
July 12, 2011 at 1:43 am
They “tamils” that looks for a seperation of sri lanka allways putting up these racism cards.
*Discrimination
*Second class citizen
* They need a own homeland cos they cant live with singhalese.
I was myself with my family visiting Vavunya in early february this year . Our family was really chocked how bad we was treaten by the locals. At one guesthouse we was told the rooms was fully booked. Even when all the keys was still there in the reception and no cards, no people even was around this property.
The day after we visited a few tourist places and barely everywhere we went we got dirty looks and the nail of the box sort of speak was when we was told to go home to the south . And “They” does not wants us there.
Very bad experince, and me as i am a teacher and my wife, we was suprised….In Colombo all enthic groups lives in a harmony that we thought was possible in all of sri lanka…But maybe this is just a dream that would not be possible….
I have not heard anyone since 1983 disrespected or ill treath tamils in south and tells them to “go home” .
July 10, 2011 at 4:46 am
Roses are red my love,Violets are blue,Sugar is sweet my love ..then I will write in your book this way
There is peace my love,no more bombs and suicide bombers,all are happy my love and you should be happy too, to live in peace and harmony.Would you please tell me how Tamils are second class citizens in Sri Lanka.My Tamil brethren are given equal status.Only last month Justice Sriskandarajah was appointed the President of the Court of Appeal of Sri Lanka.Is this discrimination?.