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March 1997

Lanka Guardian
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A y 4 2 Soar ers NRSC TY GUARDIAN oe A oe ee ae eC UCC TC CROC | | | THE TAMILS “ ca la | THE PACKAGE AND THE wil. corn tamis UNP, PA AND THE TAMILS Teun CURRENT ICES PUBLICATIONS BHUTAN NEPAL REFUGEE ISSUE A Report of a Fact Finding Mission to Nepal May 1-7, 1995 by Niaz Naik and Bradman. Weerakoon. 1995. 19pp. Rs. 50.00 THE BO-ATTE MASSACRE AND THE KEBETIGOLLAWA REFUGEE CAMP A Report on the attack on Bo-Atte village in the North-Cé 1995 and other attacks in the Anuradhapura District. 1995. ral Province on October 21, ‘ap Rs. 50,00 CHITTAGONG HILL TRACTS; DISPLACEMENT MIGRATION AND ACCOMMODATION. ‘A Report by Devendra Raj Panday and Jeevan Thiagarajah. September 1996. 26p. DEMOCRACY AND HUMAN RIGHTS, by Neelan Triuchelvam (Tamil). 1996, 296pp, Hard- cover: Rs. 300.00; Paperback Rs. 200.00 EVOLUTION AND DEVELOPMENT IN SRI LANKA Edited by Sunil Bastian. 1994 232pp Rs. 250.00, ELECTORAL POLITICS IN PAKISTAN: NATIONAL ASSEMBLY ELECTIONS 1993 Report of SAARC-NGO Observers. 1955. 196pp. Rs. 250 IDEOLOGY AND THE CONSTITUION: ESSAYS ON CONSTITUTIONAL JURISPRU- ENCE, by Radhika Coomaraswamy. 1996. pp178. Hardcover Rs. 300.00; Paperback Rs. 200.00 LIVING WITH TORTURERS AND OTHER ESSAYS OF INTERVENTION; SRI LANKAN SOCIETY, CULTURE AND POLITICS IN PERSPECTIVE, by Sasanka Perera. 1995. 89pp. Rs. 150.00 THE LOST LENORE; A TALE, by Regi Sitiwardena. 1996. 100pp. Rs. 130.00 OCTET COLLECTED PLAYS, by Regi Siriwardena. 1995. 172pp. Rs. 175.00 SRI LANKA: THE DEVOLUTION DEBATE. 1996. 255pp. Rs. 250.00 TAMIL AS OFFICIAL LANGUAGE: RETROSPECT AND PROSPECT, by A. Theva Rajan. 5. 126pp. Rs. 150.00 WRITING SOCIAL SCIENCES: A BRIEF INTRODUCTION TO WRITING TRADITION, by Sasanka Perera. (Sinhala). 1996. 74pp. Rs. 110.00 ALL ORDERS TO: International Centre for Ethnic Studies, 2, Kynsey Terrace, Colombo 8. NEWS BACKGROUND. POLITICAL ARENA AS FREE-FIRE ZONE Political violence has been no casual tourist to Sri Lanke, advertised by the Tourist Hoard and Air Lanka as ‘a taste of paredigo’. It hae boon a permanent resident since the 1950's. A vibrant pailiementary democracy, Sri Lanka Which celebrates its 50th Independence Anniversary next year has been ravaged by communal riots, threatened by an army coup. (morcifully abortive) and # Sinhala youth insurgency, fashionably dubbed Gueveriat, in 1971. It hac boon compelled to host an Indian Peace- keeping Force {larger than the Sri Lankan army) which in turn offered the ‘VP another opportunity to challenge the State, by launching an isiand-wide campaign of violence, Velupillei Prabhakaran and his Liberation Tigers of Tamil Eolam (LTTE) made separatism rather than “eovialiem” the most Deng Ninoping py oer ores eres aes eee rer era Riceass eerie: | China over the death of biareeeeet ty att emer outstanding leader of the Comamnist Party of China Ieee cetera iat Erasiiiece re IReorcanies tse nore) Ronee oentecs foRseeetermert yee tt iPeerecne eer trots (irae Mos ments iestomsrriteremy ee es Sit omens [eee ce ha serious threat to the Sri Lankan stato, tunity and territorial mtegrity of the ister. Ratnapure and Its aftermath could be ‘a naw challenge. If Ratnapura does not fit the familiar patterns of pre- 0° post election violence —— and only the Courts can finally identity the guilty parties —— it ie the oxtreordinary 1e Canton, Restaurant which makes it thought provoking, First of ecurse the choice of target, An extiemely well patrorisee Chinase Restaurant owned by a UNP MP MicSereth Kongzhace This excerpt from a report by Aaine Wickramatunga and Dilshani Samaraweera of the Sunday Leader is.a vivid scene-settor: ‘commando-type attack on “A group of about 10 Sindhi businessman and their families who are also regulars at the Restaurant, had left a whilo oarlier as had ancther smeller PL. aroup. Earlier in the night Shantini had been introduced to two prominent tour operators from Taiwan. by Shelton de Alwis, Managing Director of Asian Wings Ltd. Discussions had centred on bringing in Taiwanese lunch groups to Canton somewhere in June, At the VIP room, the gueste were chatting anay after dinner, unaware of the nightmarish drama that was to unfold in a fow minutes” If thay had indeed known what would happen next, the Taiwanese would probably have rushed to the Liberty Cinama, across the road, to watch Teinted Lave (Adults Only) or apply to the Chinase embassy for a visa, now that Deng Tsiae-Peng was dead. CANTON OR CHICAGO? “N raider with & sword barges into @ room where Sarath and his guests are Seated and shouts Kengahage KO? He breaks the glass door while another 36408 Mervyn de Silva with 0 T66 stande with 2 gun pointed at the quests, The firing in the fish tank hits the lighte and the room is plungad into darkness, Sarath in dark suit had some luck that day for he had an eye infection and was wearing dark glasses looking like a present-day Zorro, So the raiders didn’t know Kongahage wes Konganege Contd on page 24 LPN BLA GUARDIAN ‘Maven 08, 1997 Price Rs.1§.00 Published fortaighly by Lanka Guardian Publishing Co.Ltd No.249, Union Piac Colambo 02. Tel/Fax 447584 E-mail - guardian@esrilanka,net Editor in Chief » Merryn de Silva Editor Dayan Jayatlieka Cover Photography Ravi Prasad Horath A. Lokuhapuarachehi (Reuters) Printed by : United Publishing House (Pvt. ltt CONTENTS Mervyn de Silva Tisarange Gunasekara OxMagiudal Hasan Nari DLO.Mendis 2.Mthulingar ci, Janzsaviva See THE RQ AD FROM { On the 12h of February 1997, Nalanda Eliawala, PA parliamentarian for the Fatnapura distiict. was shot to death ‘The two main suspects in this crime, UNP parliamentarian Susantha Puncliniarne and the UNP candidate fer Ratrapura mayorsity, Mahinda Ratnatilaka, are currently in police ‘custody, According to the Lankan Penal Code a suspect is considered innocent Luntil he/she is proven guilty ina fair trial bya courtof law. And the onus of proof is on the prosecution. It is only the appropriate courts of law which can Uecide on the guilt land the decree of guilt) or innocence of « euspect and the ature of the punishment to be accorded to those who are found guilty. The conduct of the PA regime in the aftermath of the Ellawalakiling indicates thet @ blatant, politically motivated intorforence in the due procoss of law ison the caids. The PA leadership seem to be taking upon itself the combined Toles of judge, iury end avenger. For instance, teke the following pronouncements made by President Chand tka Bandaranaike Kumaratunge at ‘an olaction rally in Kalutara : "There was absolutely 0 reason to Kili Nelenda Blewsls. Thore was no centroncation ‘among the two groups at afl - they just pulled out a gun and shot him”. (Deily News) Now itis only at 2 fair trial that it can be decided whether there was any confrontation or net and whe fired the Jivot shot; tat decision belongs solely to the appropriste court of law and not to any politician, however exalted. ‘Thats not all. Said the Presitent: “iWe) are prepaied (0 give any punishment recommended by you li,e. the participants at the PA election rally) ir not using this law, then by bringing another lew The maximum punishment which can be given to therm if not through this law then by bringing another lew. (Kalutera relly - Rupavahini telecast) Murder is not 2 crime that is nev to Sti Lanka, and Nalanda Eilewala is not the first Lankan poitician to be killed during @ period of normalcy. After all the President's own father, Prime Minister SWRD Bandaranaike was assassinated by some of his disgruntled allies in 1959 = surely 2 much more dastardly crime than the kiling of Nalanda Ellawele, not only because the victim was unarmed; hhe didn’t even eve the protection of an armed bodyguard. The kiling was also unambiguously premeditated. Despite the heinous nature of the crime and despite the fact that it was the first assassination of a politcal leader in the post independence SriLanke, there were ho attempts to introduce ‘special laws The suspects were tried under the prevailing law and some of them were found guilty, The only excention vas that the death penalty which was abolished by Prime Minisier Benderanalke was re- instituted UNDUE PROCESS 1 the prevailing law was adequate 10 deal with the assassination of SWRD Bandaranaike why does his daughter say that the sare law is Inadequate 10 eal with tha kiling of Nalanda Ellawale? What kind of special laws does the President havo in mind? And what exactly does she mean when she says that the people can recommend any punishment for the culprits - and thet this f the ounistiment that vill be mated ‘out? What does she moan by “people”? A supporters ox allctizens of Sn Lanka? How will this decision be meda and how ‘will t be conveyed to the authorities? Doesn't this amount to e gioss interference in the due process of law? Tisaranee Gunasekara ‘And what does the President mean by harshest possible punishment?” Is she implying that death by hanging (which 's the punishment normaly accorded to those guilty of first degree murces) is ‘ot hash enough? If so, then what would satisfy the Presidential criteria of harshest possible punishment? The fentsocustion of the $2 tortures much utilised by ancient Sinhala kings ... and queens? The dangerously intemperate language used by the President end her declared intention of going beyond the normal lay of the land in order to punish those she believes to be the killers of Elawala in a manner she deems satistactory, clearly indicate that what the President wents 's not justice but revenge. in fact these Presidential pronouncements ave. curiously and disturbingly simiar to the following statement made by sitlers deputy Hermann Gossing: “Fellow Germans, my measures will not be crippled by any judicial thinking. My ‘measures will not be cripoled by any bureaucracy. Here |don'thave to worry about justice, my mission is only to destroy and exterminate Nothing more” (Speech at Frankfurt on Main 3.3.3 Nuremberg Documents). it should perhaps be borne in mind that the introduction of special laws was a stiategy much used by Adoif Hitler 10 destroy his political enemies: the Enabling Lew (of 1993) played a major role in Hitler's success full efforte at establishing @ dictatorship after he assumed the office of Chancellor by democratic means, THE ROAD TO KUROWITA The killng of Nalanda Ellawals has to be condemned and those who are found guilty in ¢ fair tral of this crime should be punished. But Nelanda Ellawale was fot the only member of @ democratic political perty to be killed in the last 2 % years, The other victims included former UNP parliementarian. for the Rataspura District and young Subject Minister Athuia Auygale (a Colombo Campus alumni and Law grad); a UNP niember of the Central Province Provincial Couneil, D.M.Bandara of Ustidumbara; a UNP candidate in the Pliyandala Cooperative Socioty Election and twe UNP supporters, R.M.Ranatunga, 2 retired sub Fost Master (Kiled on 17th January 1995) and 24 year old Pedmasiri Shantha of Yalenile, Paragammans, This is apert from the 6 unarmed UN? supporteis anc ‘ne passat by viho wore shat to death is foe dey light in Negombo last year, According 10 aveilable evidence allthese men were killed hacauise of their support forthe UNP; again according to aveltable evicence they were unarmed at the timo. of the kings. Lake Nalanda elawala they too deserve justice, But the PA, which today 1s talking of introducing special laws te punish the killers of Nalonde Etanals, does not seem to ba in such a burly to punish the kilers of these other victims. tt doesn’t stop thera, The first accused in the klling-of Athuia Attyaale (Case No, 88174 - flatrapura Courts) Janake Kaluarachchi, received PA nominations for the upcoming local aovatnment polls and is contesting the Pisinapura Pradesteeya Sablia on the PA ticket. (The PA therefore cannot accuse she UNP of giving nominations t a murier suspect sinee it too has done the same it siioud also be menvoned that the houses of the two oye witnesses in this case, Gamini Kulerstne and Kerunawethie were destroyed by the Ratnapura riolats). The man - 2 leasing PA Provincial Councilor of the \Westem Province - viho (according to eye Witnesses) ofdered the killing, on the spot, of a UNP candidate in the Piliyendala Co-operative Society slections hes been appointed to en important postin tha Ports Authority (that Was efter ¢ cettain female Deputy Minister arranged for him to e>end some time in the Merchants Ward in order to sxado ericet) According te the President, “This UNF Cannot he refarmed..... (Ne) are prepared to even bring special laws (0 punish those men who do not Understand humanity .."(Kalutara Rally). This Presidential pronouncement and tre conduct of the PA regime in the aftermath of the Ellawala kiling clearly amenstate that the PA Is basing Itself on the notion of collective gullt and Cconsequerty collectivé punishment. Te PA's eylloaistic logie seem to be Susantha Punchinilame and Mehinda Ratnatilleke killed Nelanda Ellewale; Punchinilame and Ratnatilleke are sveinbers of the UN®, therefore dhe UNP a5 party is guilty of tha Glawala kiling his ss despite the tact that there is no ‘vidonce whateoever to indicate that the killing of Nalanda Ellawala was carried out o” the orders of the UNP. At this point it is important to remember that though @ disgruntled group within the SLFP vias found guilly of conspiring to assassinate SWAD: Bandaranaike, the courts refused to find sll membere of this group guilty; only those whe actually participated in the conepirady to Kill the Prime Minister were found guilty; Ms Wimale Wijewardena, though member of this group, was found Innocent because she did nat participate in the actual conspiracy, This was because the notions of callective guilt ‘and collective punishment do not have any place in the legal system of ¢ demecratic country. (It should also be mentioned that this principle of collective guilt and punishment was used by Snbela racist mobs to perpetrata and justify the anti-Temil riots of July ‘8S and the LITE to perpetrate and justify Numerous attacks on Sintiala civilians, the latest of which was the Dahiwale train bomb). In the aftermath of the tragic Ellawala killing the PA regime seened more interested in generating # mocd af anti UNP hysteria by blaming the UNP as 2 party for thie incident, than in ‘apprehending the suspects. Since that day the PA propaganda has Leen gear towards depicting the UNP as a bunch 9/ cold blooded killers preying on innocent PA members. Tha previous (UNP} victims of polltically motivatea violence have no place in the story as the PA propagandists are reteling it. The killing of Nalanda Ellawala is being depicted as a first degree murder, thereby usuiping a decision which can only be taken by 2 court of law: The objectiveis to create a picture of a young man “as innocent as a baby squirrel” {as PA Pailiarentarian Dilan Perera pot it on ITN) murdered by an evil Goliath (the UNF), In other wores depicting tne Ellawala killing in oterk black and white terms which that master propagancist Adolf Hitler identified as the ‘.... very first condition which has to be fulfilled in every kind of propaganda ; a systematically one sided attitude towers every oroblem that lies 10 be dealt vith .. when they see an uncompromising onslaught egainst an adversary, the peopla have at all imes ‘taken this a5 proof that right is on the side of the active agaressor" (Mein Kamat). Consciously or unconsciously the PA propagandists seem to be following these instructicns tothe letter. ‘The (post Nealands Killing) PA propaganda bbased on the notion of collective quit Punishment and replete with verbot violence. claimed its first casualties in theriots which ongulfed Retnapura - ene person killed | a minor employer af ens Of the establishments torched by the ‘mob was burnt to death) and damage to property totaling milions of rupees. For several days after the killing, the state ovined TV kept up a barrage of hate propagsnda, with the Mulberry Group playing the role of the advanced ‘guard, accusing the government leaders Of not taking harsh enough measures ageinst the UNP. This propaganda, taken ‘together with the PA’s doskarod intention, of changing the existing laws to deal with the killers of Nalanda Ellavoi, seem 1b indicate the commencement of ‘ano holds barred battle eqainst the UNP. = which according to the rasults of the 1934 Parliamentary General Elections is the single largest damorratic political party in Sii Lanka, YWhat is ironic is that the PA which has no problems with the VP, a party whieh initiated two anti systemic ineurgencies in’'71 and ‘87, determined to perceive andlor depec: the LUNPas the greatest threat to cemocracy system and treat it accordingly, Whether this strategy of destabilising and pereecuting the democratic apposition Is the result of genuine myopia or whother it is the racult of the need to ‘gain short teim political and electoral advantage, its ultinate outcome cen very well be a civil war. AS Al ANAL C.Mahendran was one of Lalith Athulathmudali's teachers at Royal College He holds a Masters Degree from the School of Advanced International Studies at Johns Hopkins University in Washington, DC. Ho was Sri Lanka's Ambassador in China, Japan and Korea. Fluent in Sinhala, he also spooks and te8ds Chinese (Mandarin). His son and daughter graduated from Oxford and the LSE and Harvard [ew School respectively, In Opposition circles, he is Teferred to as the UNP's answer to Lekshman Kadirgamar and Neelan Tiruchevam. So what's a nice guy lke this doing in a Municipal election? C.Mahendran fared questions from the edlibila staffs of he Lanka Guardian ang Vikalpa, its Sinhala counterpart @. MrMahondran, you were a senior diplomat, Why are you in politics? Why now - and why tho UNP? A. The reason why | decided to join the party is the leadership. | saw in Rani Wickremasinghe a man with a vision. When I was the ambassador to China Korea and Japan | had to work closely with the then UNP government and | saw ist there was a great deal of positive Content in the programmas which wero implemented by that government. Ranil Wickremasinghe is the heir to that Jegecy, The UNP had 2 very well thought ut development atrotegy and they implemented it. Which is why during that period you found our entire county changing: we literally jumped from the feudal age to the modern age. Thet is why | thought I should help tha party and its present leedership to achieve their objectives Q. Why municipal polities? You are probably the most high profile Tamil eendidate on the UNP list to the Colombo municipality. Why did you agree to be nominated - and thrown into the bear pit? A. I'm entering this musicipal bale purely becsuss | need to help the party ft this juncture, It doesn’t matter where cipalty or the hhational government. What matiers Is that we have to put our shouldare to the wheel rgnt now. This has to be a total effort Q. Tho Presidont, in kicking off the PA campaign n Anuradhepura, has said that the Tarai! people suffered greatly under the UNP She has mentioned July 83 as. an example. She hes also said that her government is prosecuting the war against the LTTE properiy-unike the UNP-whila putting on the table an ‘auronomy package for the Tamil people. She is therefore moking a strong pitch (0 persuades the Tarnil people 10 vote tor the PA. As a Tamil, what ie your anewer ‘A. It is the UNP government that can doliver the most for the Tamil people ‘more then anything the PA has done or ean de, Let's just look at the record The PA has promised any things for the Tamil people. But what have they actually dene? You ask the Tarnl people, whether in Tineamalee, Wellawatte ot Jinthupitiya, What ie their enewer? They ate herassed and their sons anc daughtors are taken in; nothing is boing done avout their complaints. Take Joseph Perarajasingham’s complaints about cisappearances; the President has not even bothered to answer, They ere having commissions on the disappearances in 88/39. What about appointing 2 Commission on disappearances in 96, 96 and 97? The President is being 8 sophist; she is merely playing with words. | have decided to join the UNP and to contest fiom the UNP because the record tram 1948 upto now clearly demonstiates tat the UNP has done mast for the Tart paople For examals the first cabinst of McD.S.Senanayeke contained three ot four Tamile from the Jaffna area. Thera were a number o} Tamils in Dudley's cabinet as woll. Let'e take tho public service; whenever the UN? qavemment was in office, Tamils - if they were qualified and efficient enough - got ther rightful place. The administration of President Premadasa was absolutely and demorstrably an excellent example of this, That is why | say that the UNP has no bias on that score, As for July 1983. During that sime | was residing in Pamankada which wae a gfeally affected area. Let me be very very clear: it wasn't the Sinhala people as much who did that but a few ‘oxtremist olamants belonging to both the then covernment and the opposition, July ‘88 waa the most unfortunete incident thet ever took place. But are ‘ye going to dwell on ths forever? Isn't this time for reconciliation? | believe that the time for reconciliation Is here end Q. The so called Colombo Tarn sera! ineelligentsia feel that Prasivent Chandrika's hand should be strengthened now, because of the ‘packago’. This 2 what Mr-Ganeshalingam also says. Why don't you agree? A. | would answer by asking a question: for whom is this package? The government says this isthe panacea for all ills. Is it really so? Let's say, for argument sake that this package Is approved by the Parliament and the country. How can it be implemented in the Northeast? isn’t thera ancther force ‘there on the ground, fighting us? Ido ot beliave in the official prose: my information comes directly trom Jartne, Aesording to that wo cre in actual coffective control of pretty little. We are there in a few camps. Though itis being sal! that we are in control of two thirds cf the area, the first hand information | ‘get tals me that this is not really so. And the new operaticn thet has been launched « isn’t that = purely and ratrowly poltticel campaign? | do not think that ony man women or chid in his or her right mind would belleve what the government say. Q. Vihat is your vision for Colombo - in 4 practical sense? ‘A. My first priority both es a Tamil and citizen a cleaner city with an orderly system af government where you can get your day to day chores done in an efiicient manner. We also nead to have 2 dislogue with the central government to alleviate tho problom of travel congestion. A cleaner ety also means taking care of tho environment. There is also the question of housing. Though this is @ centeal Government subject we ean do something in this area as well, afte: all the housing effort was started by MiPromadasa Look at the canal bank; what a difference from what It , Your party ie saying that it does not make promises and instead, the ‘emphasis is on policies. This dichotomy faetyween palicies and promises is surely an artificial one. Alter all it is the promises made during an election petiod which become policies later. Teke the example of Janasaviya; Ir was lacPremadasa’s main election promise ard after ho was elected it bocame ono of the mast mportant practical policies and programmes of his government. Also, i you do not make promises, what nope cen you offer the electorate; what cen they expect from you? Why should they vote for you? ‘A. {agree with you. What our party means is that it will not msko falee promises : it will only make aromises it atv implement. It wil not behave like the PA which promised everything and delivered nothing. We wil not lie to the nenple but we wil take our promises very setiousty, Q. You 109 a1 making many promises, How are you going to implement thom? ‘A, In, sorting out any problom tho fret prerequisite is commitment. Without commitment you are nothing. | spent 8 long years in China; | saw the commitment of the Communist Porty ff China and the inflience it hed on the peaples of Chine. The Chinese have a saying, which, translated into Enolish, reads as Own sitengt, Hard struggle". Thora is no other way Hew long can We expect aid from foregn countries? Look at China} today they can respect themselves) they can do whatever they want and disregard the world. That is the greatest contribution the Communist Party of China made. This oxamplo and experience is ene of my sources of inspiretion and confidence. Q. Whet would you want Colombo 10 ook ike? A. | would like Colombo to look a bit like Washington. With lot of tees, and Jot of open park areas which cen function as the lunds of the’city. And yeu can co these things without hurting people. Gnce again, take the example of MrPremadase, That is what we have +o follaw. We have to replace tenements vit) high ses, The rest of the space an ba used a8 a garden, a park. This way we Can green Cur city. This is what Mi.Premadasa did in Maligawette. That area was a swamp, Today it has high fise buildings and tres lined reads, tt ie like bringing a flower cut of = swamo. This way we can protect our environment by greesing our cites. 0. Polticafpanias talk. loudly abour their lofty fovals pantculaly during election times. Bvt how de you aut these Into practise? Lots take an example How do you selva the problem of garbage disposal? ‘A. We need urgently to look into fang fils: where should the lend fils be? Then you have to think about installing incinerators ; this fs something a modecn city cannot de without. The letest method is ta divide the garbage as biodegradable end non biodegradable. Biodeatadable garbage can be tured inte fertiliser. None of these things sre being done now. Land fils are regarded as the obly sdlution to the problern of garbage disposal, We have to change this @. To requ 10 the eihno-national ‘question. I, as you say, it was the UNP which has dane most for the Temil people, then how come we are in thic situation today? A. This is what the government is also seying, The President however has forgotten what was done by the governments headed by her fether and her mother Take 1958 for examale and its repercussions: Then take the army how many Tamils are there in the army? Who és responsible for this? It is the SLEP. In 1848 our fret Sii Lankan army commander Gen. Anton Muthukumaru wae a Tamil, Lcok at the way we the UNE, are responding to the PA’s package and the way they responded to the UNP's '81 DDCs. the ‘B4 All Parties Conference and Annexure ©, the '86 Political Parties Conference, the ’87 Accord end the ‘88 13th Amendment ‘and Provincial Councils! The SLEP was responsible for the postaccord nots. Wie will never behave like that. However in this elections the most important issue ig not the so-called package Sut the livelihood of the people, And the Tami people are suffering more under the PA than they did under the UNP. We must also ‘emumber that under the UNP we were abla to consolidate aur authority Inthe Eastern Province The PA les today lost effective cantral in the Festern Province. k.Ganeshalingam Is today talking about the package. But this is not relevant in the CMC elections. We must remember that of the Tamil ponuiation in Colombe 50% are irom Jafine and 50% ar irom Colombe and the upcountry. For the Jaifna Tamils security ard transport are the important issues. For the other 50% whet is important i the struggle to achieve and maintain a decent livng standard which means water, electricity, sanitation and heelth, Those problame they have in common with the Sinhala end the Muslim people. We must remember that we are gong to be elected 10 salve the problems of all these people; to help all these people to live © PROSPECTSEOR CONFLICT RESOLULION I SOUTHLAST Dr. Maqsudul Hasan Nuri (The author, who 7 Senior Research Scholar at the Insitute of Regional ‘Studies, Islamabad. is Visiting Professor. Dept of Defence and Strategic Studies, Quaid-E-Azam University. He has aiso been a Visiting Fellow at the Henry L. Stimson Contro, Washington DC). Toa great extent, this also holds true ‘n the case of Incla and Pakisten, The poisonous atmosphere of mutual bitterness and fear can only be dispelled by sorious, quist diplomacy. ‘Once the government representatives have undertaken confidential negatistions away from speculative and prying press and media, thers cen, be greater chances of success, OF sours; the govemments will have to cultivate public opinion by encouraging open debate for some time. Basidies those talks will have to be cairied aut under the close guardianship of thelr respective governments with genuine national interests close to hoa. LESSON JURABLLITY AND RESILIENGE ‘Another lesson learnt from the East: West experience is that despite many ups and downs in the former Superpower rslations, the negotiation process was not broken off. When certain non-conducive political developments took place, for instance, the Soviet invasion of Afghanistan (1979), the former USSR inspires Crackdown on the solidarity mevemnent in Poland (1982) and the NATO decision to deploy intermadiate range missiles in Europe (1984), détente cid suffer but the CBM talks invelving government end fon-government groups kept the negotiations process going. Aithough citcumstances and contexts differ itis nevertheless useful to gain from the experience of the precutsor confidence generation measures employed and come attompis at conflict resolution in the Middle Fast, Latin Amerios (Argentina Brazil), the Pacific, Korean Peninsula, Central ‘America, including South Asia ‘The Middle East peace process has no doubt got staliod with the Israeli Likud party leadership following a rather stubborn stand but the stakes in normalisation and search for peace are very much there after signing the frst Oslo Agicement (September 1993) and the second Osio Agreement [October 1998) and with separate ‘eaties signed with Eaypt. Jordan andl Pelestinions. The fact that Lebaron and Syria have still rot signed treaties with Israel dogs hot signify that the pecoe Process will easily wither away, All fartios in the Middle East have e steke inthe future of the neace pracess and will continue to giope for peace it agotiations keep the parties engaged. (11) if there Is any redeeming feature, it is tha kincling of interest of some ‘Western Europ2en powers \Britain and France) in the Middle East stalemate and contacts between the Israel Labour party and te PLO together with new. Pontacts between the Palestinian Leedership and the israel President Wieizman. (12) Moreover, with © re elected US President, thera is also some hope of progress in the Middle East. Although the peace process has faced mary “traumas” in the pest year, acco‘ding to the outgoing US secretary ‘of State Warren Christopher, “it has domonstrated groat resilience... Arabs and Istaelis alike know what war means" (13) LESSON 5: DURABILITY AND RESTLIENC One of the lessons derived from the Midclle East peace pracass is the role Played by the Oslo mesting in early 1993 botwoon the Isreeli ang Palestinian negotiators. These egotiators were in touch with thelr respective governments who preferred the parleys to take place In the back- channel ingtead of the full glare of publicity. The fear of ‘allure was always there as both governments had strang and vocal arti-peace lobbies which were all cut to sabotage any peace process - thus causing embarrassment for their leaders, Somehow, the Oslo talks are erroneously equated with the Camp David Accords (1978) and thus easily misunderstood, For one thing, thore wes no US role in the Oslo process as inthe Camp David Accords, Secondly, the Oslo process came into effect once the Madrid peace procoss failed to produce results. Thirdly, unlike the Camp David telks, the Oslo Regotiations did not directly involve officials from the PLO and Israel, The Camp David process was initiated by the then US presidert Jimmy Carter: Oslo by the Norwegian deputy foreign minister Jan Eg| and, who in his doctoral dissertation tied “to operationalise Norway's potential role ‘a9 an intermediaiy in bilateral disputes ‘The delegates from lerasland Palestine ‘were mostly acadernics who discussed the then political si:uation thraadbare in a free and collegial environment And, finelly in the Oslo telks, then Israeli prime minister Yitzhak Rabin wes not supportive of his foreign minister Shimon Pares but had to canicede to hin later. CONC! SIONS AND FINAL REMARKS, The'genetic leséons drewn above will have to be tailored ta the specific context of South Asia, The hard reality is that India and Pakistan have not yot gone beyond certain contict avoidance ‘and somo confidence building ‘measures. Presently, a state of “uneasy peace” of “armed peace" exists in ‘South Asia and the fresh winds of the post-Cold war world have nat effected i ———————————————— ntinent. Nuclear weapons along with the military build-up continues and the major unresolved problams such as Kashmir cast dark stladows over their mutual relations Ip fact, conflict resolution hee got short shrift from both parties to the contlict in South Agia It is © serious reflection on the collactve wisdom of South Asians - hits to past great civilsations - that they should continue to bickor and fritter away their energies and resourses on war-mongering and senselessly arming themselves. Their seople, nearly one fifth of humankind ive in grinding pevarty, and cisabling diseases. indeed, South Asia is like a big "poverty bowl” whereas other recions of the word have raced past into different stages rat iliteracy ‘of progress end prosperity. No wonder, many cutsiders sometimes view with appointment and disdain, the painful squabbling” of the two principal nations of the Subcontinent Logically peace should descend in South Asie es both India and Pakistan ar= now dermozracies and democracies er S28 are capable of handling their problems without recourse to war and by entoring into 2 spirit of dialogue and negotiations. Untortunately, both domosracios have difficultios: Pakisten being a fragile and insecure democracy while India suffering from overarching ambitions of becoming a alcbal power apd its inability to live in harmony with ite smallor neighbours, India he to inculcate some modesty and empathy {or the sacurity concerns of its smaller Reichbours. Moreover, 2s 2 bigger country, the onus fles with India to take initiatives towards eonflict resolution. At the same time, Pakistan must learn to reconcile itself to India's size, fesources and population in South Asia just as some Nordic countries such ss Denmark, Holland and Belgium have Iearnt to reconcile with Germany's strength without campromising thoir nationel pride, independence and soversignty. Very recently, a historis treaty, albeit not vary well known, was signed between Hungary and Rumarie, thus ending thousand years af historicel paranoia and morbid enmity between them, While its too early to predict the end of historical hurceand hatroda, this treaty is very significent for central Europe se Franco-German Feconciliation was for West Germany, (14) Perhaps it could also act as @ ved setter for South Asia, India-Pakistan jantagenism is no: destied for eternity History is witnass thet past rancsure and enmities have melted away wrth enemies of the past turning into the best of friends. Times and circumstances create new perceptions for nations just like individuals, New situations cieate "e space in which hope can grow", says the Irish poot, ‘Svemus Heany (16). Iris hardly known, ‘says an acute observer of South Asia, that nearly 40 different attempts have boen mace to stimulate non-official dialogues between India and Pakistan in the recent years. According to him, while many of these initiatives have bbecoma dormant, some continu in the form of reguler exchange of idecs. Maybe, this could initiate and finally catalyse the process of conflict resolution in South Asie Historical disputas ars sometimes hopt alive by invoking selective pericds of history. And history is itself an argument without end. As Sen, Gaorge Mitchell once said: “If the focus remains on the past, the pest will become the future and that is something that no one can desire’ In the ultimate analyeie, the road to ‘eal and durable oeace in South Asia ies through the cepitals of India and Pakistan rather than anywhare else Major powers could at best render help as mediaters/facilitstare, but tho heavy lifting” for peace will tally. have to ba done by India and Pakistan, For, itis the well-being and prosperity of their teeming millions that is et stake and hence there is na choiea but to *gamble" for peace, Endnotes 11 Richard N.Haass, “The Middle East No More Treaties", Foreign Affairs, Vol78, No.5 (September-Octoder 1998), pp. 53-63, 12 Ahmed Rashid and Romesh Thaldir fecommané Oslo-type talks betvieen the two countries: firstly eople-to-peoples, than official to official and finally between heads of state Consult “put india and Fakistan on the Oslo track to Peace", Internatioral Hovald Tribune, 11 August 1986, p 13 Moanis Ahmer, “Peace Process and Secret Diplomecy”, The News, Islamabad, 29 August 7296, p.7. 14Donaid M.Biinken @ Alfred H.tMoses, “A Farewell to Tragic Past’, Dawn, Kardchi, 19 October 1986, p.13. 15As quoted in Gerry Adams {President of Sinn Fein, the polticel wing of the IRA}, “Dialogue ie the ‘only way forward”, Dawn, Kerachi, 20 Fetrusry 1996, p17 A Lost Pan Ce eter Pome tite Wersae tei ea the boat carrying them to Tamil Nadu capsized off the Sri Pernt etre So far (Febuary 25th) there! eee ioeeee st Chinn Political leader Pe eae Cee curr tania eee eee Coen k acon Goria brsec tsi ese etait coe ose orl Sauer eres ere eer Coote Na wie eet Roe eter eed who probably induced the) Goce cr ee oe aera foecommurer Sie cre ete Peo he cereal fers ecmen insensitive Sei Lankan state and| Cer eter ee | implacable, cruelly utilitarian eyo ee JRAND THE TAMILS D. L. O. Mendis ‘Atihe imehecameto powerthe passionate emetionalism of ethnic cconfict had periodically broken through the paiamentary game. Andlitle hed been done to turn the subjective attention of the populace from self- regarding ethnic dvalry. But R was his aged io have been in powerat = tme when these hostilities reached tneir peak. JP suffered from the double misfortune of following seven years of rapidly detecorating communal relations that flowed from the UF Governments misguided policies and Favingto deal ith Mrs Ganchiwho was in porter in Ineia from 1980 onwards. To ba sure any indian Prime Minister would ave hadto respondin some way to the exeitoment in South India that resulted frorn violent etinic contct in S71 Lanka but only someone like her would fave given RAWY, Incia's version cf tha CIA, the free rein it used fo give direct assistance to the Tamil separatist ‘mevament in'Sri Lanka’ It]e roally inrodiblo to road that §twashistracedy to have been power ata lime when theco hostlitis roaches their peak’. The truth is that after the five-slath'e majortyin pariamort, given by a trusting electorate, was used 10 change tho 1972 Ropublican Constiutionang vest vinvally total power inthe new executive Prosidont achoad of stete, he alone must be held feponsible for all thal happened thereafter We may say therfore tnat, it tes Sri Lanka's tragedy, notJR's, that he was ‘in power af the time tne hostihies reachod their peak’. (n other \words no hisiorian can absolve him of major if not sole reponsibility for the escalation of hostilties and violence after Fe-came to power. However, Professor KM de Silva doos not stop al that unfortunate, misleading and unfair comment. - He ,goos onto blame Mrs Bandaransike for JP's “politcal interttance" vis-a vis tre Tamil sthnis problom. if his predecessor as head of goverment - Mrs Bandaranaike - had niet been so shortsighied as to sow the whitkwind in the unthinking way she did DLO Mendis Inthe 19708, the outcome may wel have boon different. Thon, JA's peliical inhentance, so far as the Tamil minority wae concemed, would not have been the poisoned chalicelt tured outto be. ‘Ths siatemant dafies objective analysis. Is Mrs Bandaranaike now being held responsible for the total mess in Sinhela-Taril relations that exisis today? She had. according to Professor KM de silva, “sowed the whirwind and left pcor JR a terrible ‘poltical inheritance’. Iso it rather that virtually total power was misused, and immense goodwill of the people squandered? Statements like these suggesta fils atienptto rewrite history, to do what god himself cannot do, to change the past. Professor KM de Silva also evokes memeries of tho 1956 elections ‘He remombered what had heppened to tlm In. 1986 wien the Sinhalose maseas had turned against his pany ;anche could vividly recall what ‘an unpleasant place Mrs Bandaranaike had made the politcal wilderness for him and his party’ Mis Bandaranaike we not in polities when JA was in “the poitical wilderness” after the 1966 general elections. SWHD Bandaranaixe, who had won that election with the support ‘of the “Sinhalese masses", and inoduced the “Sinhala only bill, had made sincere atiempts to appease the Tarrils thereafter, Firstly, he qualified ‘Sinhala only" with “Tami also" which was then described es "bad logic but cou sense", Next, hetried ionegotiate ihe Bandaranaike - Chelvanayakem pact, butihis was ab‘ogatad on acoourt ‘of erganized opposition led by none other than JR himself, who vas in tact inthe ‘pollical wilderress*al that time, having been defeated in his own electorate, Kelaniya, by RG Senanayeke who contested and wen two seals at he 1956 elections, the other being Dambaderiya. Professor KM de Silva makes no felerence at all to JR's disruption of the B-C pact, but tries Instead to show thet Banéarsnake policios had entagorized the Tamils, and tnet JB fad to make amencs. "When he took office in July) 1977, hepromotly set about overtuming, the principal legal grievances and discriminatory regulations inhorited from the Bandaranaike poricd. Some ofthese were removed through adminisirative decisions almost as ‘soenas hecame to power -suchas the UF government's controversial poicies in university education - while other changos - especially on language polcy-- were effected through the new ‘eonsitution introduced in 1978." Some ten fears the assassination of | SWRD Bancaranaike, the proposed Dudley ‘Senenayake - Chelvanayakam oct Was algo abandonod on account of similar protests by Sinhala groups, ‘who of coursehad the procadent ofthe successtul protesis, led by JA, against the earlior Bandaranaiko Chalvenayakem, pact, oemulate. But, ater hie histori electoral victory at ho free and fair general elsctions organized by Mre_ Sirimavo Bandaranaike's government In July 4977, at least one political commertator, AG de Soyza, described with passionate eloquence, JR's actions in discupling the B'C pact, as fan action that saved the nation from being divided. This is not mentioned bby Professor KIM de Silva, but his passing comments on the two pacts thet were both abrogated before they could ba intioduced in Parlament, eke iniercoting reading: ‘Inthe early 12603 a sclvenve of devolution of power to district level councils (26 in all) was introduced as part ofapoltical settisment with the Sa Lankan Tarui's, a major poltical achievement consitering the failure of nerve on the part of Banderenaie end Dudiey Senanayake in the lata 1960s, when they had conlronted the samme problem." So, wehave to acceplthat ii was a question ofnnerve that decided these issues and JR's role in causing the B- C pac! to be scuttled in 1958, with al the grevous consequences resutting, is nat mentioned, Instaad credit goes 10 JR who used his craconian majority in parliament to introduce ‘a scheme of devolulicn of power to disvict level councils "Yet thaco councils falledte give the restive Jaffna peninsula @ durabie peace. As a result the violence of July 1983 the political support, iram the Tamils, for these councils evaporated repidly and they were abandoned in oss than two years of tei estabtshiment.' The ‘Violence of July 1983", is mentioned thus, almost in passing. However, this was an even more sigrificart landmark in the breakdown of relations between the Sinhalese and Tamil peoples, during JR's regime, than the dissuption of Jatina Davelopment Councilelections in 1881. Several facts ‘onceming this violence have therefore tobe mentioned here. For example, the Dossiblty of an outhreak of violence on ‘July 21, had been anticipated by police intelligence in Colombo, but the message was net well received by higher authority. A request to cancel the burials schoduied to take place at the General cemetery, Kanatte, on July 21 morning, when the arrival ofthe remains Irom Jatina was being delayed, and to disperse the funerals to the respective villages of the thirteen dead sclders, ‘was negatived, presumably by JF as Supreme Commander of Sri Lanka forces. When the expected civil commotion and rioting started in Colombo alter the funerals that right, and spreadto the oulstations, there was no doclaration of a state of Emergency bygovernment forfour long days. During this time thousands of innocent Tarrils ‘were massacred by organized mobs ‘armed with weapons, and voters lisis, through which they were able to identify the residences of Tamil people in Colombo. Aftarfour agonizing days; tho frst to appear on television was a former civil servant who had been convicted in the 1982 attempted coup 0 etat against Mrs Bandaranalke's government, and ‘acquitted only In appoal to the Privy Council. Himself a Sinhaleso, he eppealed tothe Sinnaless pecpeto-be alm", thereby implying that the ‘Sinhalese people” were responsible for the outrages, and not thuge and vimbals. The President appeared on ‘TWVonly onthe fourthday, with statament thet he would not allow the country to be civided, and announced a sth amendment 10 his 1978 consiituton, whereby all members of pariamont and public servants had to swear an oath ot loyaltytotho Stato, He didnotuiterone word! apology orrearet to the aggrieved Tamil peoples, One other event may be mentioned - the slaughter of Tamil politcal prisoners in Welkada jall on Iwo separate cccesions, Government simply cisclimed responsibilty, eaying that i was the resut of a prison rot (Interestingly, when thoro was a jel break by Tami poltical prieoners from Batticaloa jail sometimo later, the Minisier in charge resigned ane proceeded ta take up an UN appoiniment in Paris which hac cbviousyy bsan negetiated ovor 3 long period cf time, eater, Tha jal - break cama attheright momont fo bo usod at an eppetert cause for resignation on prindrle. Itdecsivednobody, became Was well-known that tne Minister suifered trom an almost incurable disease for which ho was desperately ‘nciove to se0k traatment abroad - at state expense, The whole sordid ep sod didnot caus special comment because there ware far more creadtul things happening on a day to day bacio under JP'S self - styles cnarmsta reaitno) In the immediate aftermath of July 1983 massacres, government issued a stalemont to its embassies ‘abroad that the riots were due to a “spontaneous outburst by Sinhalese enraged by tha kiling of thiteen scldiors in. an ambush in vaifna’, this was in keeping with eartier statomonts made by responsible cabinet Ministers as reportedin the press that "ithe violonce in the north did net stop, rere would be a backlash against Tamils in Sinhalese areas". This downright blasphemy of "a spontaneous uprising ty the Sinhalese people was actually stated in a Human, Rights meeting in Geneva in August 1969, Thougit it was replaced almost immediately by emother version, virtually inteperable damage had been done 19 Sri Lanka's human rights image in the UN, by this statement, ‘The new version of the cause of the violence wes equally bizarre, The President announced tha! three marxist political parties were known to be responsible, and they were bannad and diivan underground. O! these, the UVP. had been banned after their atempted insurrection in 1971 against Mrs Bandaranaike's government, and their [eaders thrown injal, JP had released these persors from jal in 1977, and had ‘asked them to party leader had even, contested the 1982 Presidential elections. He had poled unexpectedly high votes.and had filed an election petition against JR afterwards, alleging malpractices. As fo justily the Referendum of 1962, JF had stated that it general elections had been held, a "Nexalte teksover’ would have resulted. Ina similarmanner the JVP was nowbaing blamed forthe viclence against the Tamils, something which only the dichard loyalists of the UNP could belive. The JVP on the other hand believed that their leaders's election petition against JR after the 1982 Presidential election was responsible for their present situation. To those wwito knew modern history, however, it was simply 2 case of history repeating Itself the preosdent being the Krystal ‘aght violence against the Jews in Hitler's Germany, exactly fity years earlier in 1933, which had been blamed on the communists, The Indian Investiaative joumalist Dr Claude Alvarae, visited Sri Lanka ‘0 research the background 10 the July 1989 incidents, immediatoly alter the tragic events, and met and interviewod many a VIP.Inathreopage nice in te liustreted Weekly of Indien in August 1983, he quoted throo theories he had heard about the causa Of the violence. JR had ssid that tho “rads' were response, while Cabinet Ministers Cyril Mathew and Anandatissa do Alwss had blamed the "Indians* and an "Uneoon Hand” respectively. Now, Professor

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