Failure to find a political solution to the Tamil question, a bigger shame than Black July

After the death of veteran Tamil political leader Rajavarothayam Sampanthan recently, a senior leftist politician friend from Tami Nadu contacted me and asked me what was the role the late leader played in Sri Lankan Tamil politics.

I began by recounting Sampanthan’s contributions to the negotiations that led the signing of the Indo-Lanka Peace Accord after 1983 Black July anti-Tamil pogrom. He immediately interrupted and asked me what happened in 1983 July. I was very much disappointed that there was a leftist stalwart in the neighbouring Tamil Nadu who did not know that the brutal ethnic violence against Tamils all over the country led to the civil war that lasted almost three decades.

He is not too young to know what happened in Sri Lanka at that time.I wondered if he had not even considered why Sri Lankan Tamil refugees had been staying in Tamil Nadu camps for more than four decades.

Sampanthan’s demise and this Tamil Nadu politician’s question three weeks ahead of the 41st anniversary of Black July, though coincidental, have provided me with an opportunity to write about the ethnic violence that marked a watershed in ethnic relations in Sri Lanka.

Incidentally, it was the illustrious editor and political analyst of international fame, late Mervyn de Silva, who coined the term ‘ Black July’ in his now defunct ‘ Lanka Guardian’. As mentioned earlier, anti- Tamil riots that spread all over the island 41years ago this week had become a watershed in the history of our country’s politics and in the relations between the Sinhalese majority community and the largest minority community, the Tamils.

It was not the enormity of the violence that astonished everybody, but the fact that it had really happened. The number of those who were killed in the violence that spread over more than a week was estimated to be in the region of 3,000. There was no proper estimation of damage to property, but thousands of Tamils lost their houses and property. Most Tamils lost hope that they could ever peacefully live among the Sinhalese as equals.

Thousands upon thousands of Tamils left the shores of Sri Lanka as refugees to India, and thousands pf others fled to Western Europe, North America and Australia and took the citizenship of these lands. As a result of the exodus, the Sri Lankan Tamils seem to have become new Jews wondering all over the world eventually becoming a politically influential Diaspora. It is not an exaggeration to call them ‘modern Jews’.

The violence unleashed against the Tamils by President J.R.Jeyawardene led United National Party(UNP) government had changed the trajectory of Sri Lankan politics. A guerrilla attack launched by Tamil Tigers in Jaffna on the night of July 22 killed 13 army men on a patrol. This incident served as a convenient ruse for the racist political forces within the government to set off violence which was pre-planned with the overt help of the state machinery.

The government did not take immediate action to control the mob violence against the Tamils. It took one week for President Jeyawardene to appear on state television and make an appeal to stop the violence. He did not utter word to console the Tamils who were badly affected by the communal carnage and lost lives and property as never before. Instead he declared unabashedly that the violence was a natural reaction of the Sinhala people towards the demand for separation by the Tamil political leadership.

Apart from the loss of lives and destruction of property, the agony and mental trauma experienced by the Tamils as a result of the pogrom was immeasurable and insurmountable. Although the loss of lives and property of the Tamils during the civil war that lasted almost three decades was far greater than the suffering in Black July the latter proved to be high symbolic in the history of Tamils in Sri Lanka. It propelled the Tamil militancy and armed struggle and plunged the country into a destructive ethnic war.

Not only the Jeyawardene government but all other governments that came to power after Black July, while parroting promises about finding a political settlement to the national problem concentrated on pursuing a military solution. Every President spoke about finding a political solution only to hoodwink the international community.

Instead of helping to find a viable political solution India and other powerful nations had, by their approach and actions, eventually ensured the intensification of the pursuit of a military solution. In the end we saw that dramatic changes in the geopolitical arena enabling the government led by President Mahinda Rajapaksa to defeat the Tamil Tigers in the Wanni and end the war in May 2009 without any regard for civilian casualties and sufferings.

Now in the backdrop of the elapse of 41 years since Black July and more than 15 years after the end of the war, it is disturbing and disheartening to note a bizarre situation regarding attempts to find a political solution to the national problem.

Sri Lankan politics is changing in a worrisome direction ahead of the Presidential election. It is very difficult to take an objective view regarding the national problem.

It must be recounted to the benefit of the younger generation that in the aftermath of Black July, our big neighbour India was compelled to interfere in the Sri Lankan ethnic conflict and offer its services to mediate between the two warring factions. This was an important milestone in Indo-Sri Lanka relations and eventually paved the way for the signing of the 1987 Indo-Lanka Peace Accord in Colombo between the then Prime Minister Rajiv Gandhi and President Jeyawardene.

Immediately after the Accord, in order to introduce the Provincial Councils, the 13th Amendment to the Sri Lankan constitution was passed in Parliament amid intense opposition led by former Prime Minister Srimao Bandaranaike.These developments were the catalyst for the second JVP uprising in the latter part of the 1980s.

The period saw one of the eventual episodes in the recent history of Sri Lanka, an attempt on Rajiv Gandhi’s life by a naval rating during the guard of honour in front of President’s House on the day following the signing of the accord, the attempt to assassinate Jeyawardene on August 18,1987 during a meeting of the UNP Parliamentary group and the large scale but senseless destruction of property in the South following the signing of the accord, were testimonies to the deep feeling that had been stirred up among sections of the Sinhalese.

Many politicians on both sides of the ethnic divide who supported the accord were cold bloodedly assassinated by both the Tamil and Sinhalese militants.

But politically speaking, the accord had brought many desirable changes. President Jeyawardene reversed his stand on a number of issues on which he had held strong views. The man, who in 1944 in the second state Council, voted against S.W.R.D. Bandaranaike’s resolution calling for the replacement of English as the official language with both Sinhala and Tamil, instead demanded that only Sinhala should be the national language. He organised a March to Kandy against the 1957 Bandaranaike – Chelvanayagam Pact and helped to tear it up the signed agreement granting Tamil and English an equal place with Sinhala as official languages.

The man who swore that a merger of the Northern and Eastern provinces could only take place over his dead body, now signed an agreement permitting the merger, subject to a referendum in the Easter province.

A former Tamil United Liberation Front ( TULF) Parliamentarian and renowned constitutional expert, late Neelan Thiruchelvam in a newspaper article almost three decades ago quoted former Indian foreign secretary and the first envoy to handle the Sri Lankan ethnic issue Gopalaswamy Parthasarathy ( famously known as GP ) as saying that it was with great difficulty that he convinced President Jeyawardene on the desirability of devolution of power to the provinces.

Despite the fact the 13th Amendment and the Provincial Council system have been in the existence for more than three decades the Tamil problem has not come to an end. While the Tamils and the main political parties that represented them have been saying that neither the 13th Amendment nor Provincial Councils could be considered a durable solution to their problem, the Sinhala polity has been tolerating the Provincial Councils saying that they had been set up under duress.

The Tamils and Indians have been unable to persuade or pressurize Sri Lankan governments to make improvements to the powers of the Provincial Councils or at least implement the 13th Amendment fully so far.

Following the tragic developments after the Peace Accord India is no longer interested in the Sri Lankan ethnic imbroglio despite constant requests from the Tamil parties of the North and East. One cannot expect any change in the attitude of India in the foreseeable future in the context of current geopolitical realities except intermittent requests to implement the 13th Amendment and hold elections to the Provincial Councils.

It is unfortunate that the main Sri Lankan political forces are still debating the very fundamental issues as if the ethnic problem had emerged only recently.

As such our national problem is certainly going to fester without any meaningful political solution that would address the legitimate political aspirations and grievances of the minority communities.

The three would- be main candidates in the Presidential election to be held in two months, President Ranil Wickramasinghe, opposition leader Sajith Premadasa and National People’s Power leader Anura Kumara Dissanayake have promised to implement the 13th amendment. But they frequently express confused positions on the powers of the provincial administration . They do not speak in a manner that would clear the doubts of the Tamil people on the issue.

On the other hand, the Tamil parties are divided and unable to act with political prudence and maturity to present a unified stand. To the best of our knowledge, we are not aware of any other country in the world experiencing such confusion in the implementation of a constitutional provision which has been the part or the constitution for more than three decades, as seen in Sri Lanka.

Taking all this into consideration, it is a shame that our political class is yet to learn from the tragedies of the past and find a solution to the national problem. This is a bigger shame than Black July.

By Veeragathy Thanabalasingham

Ranil repeats invitation to Sajith to support him

President Ranil Wickremesinghe repeated an invitation to Samagi Jana Balawegaya (SJB) leader Sajith Premadasa to join him and work together to rebuild the country.

Wickremesinghe said there was no point in having rifts and invited Premadasa and National People Power leader Anura Kumara Dissanayake to work with him.

Speaking in Gampaha, the President recalled there were instances in the past where ruling and opposition political parties worked together in the best interest of the country.

Wickremesinghe also said that he fulfilled the main responsibility given to him when he was appointed President.

Wickremesinghe recalled that during the economic crisis when he was made Prime Minister, he sought the support of the Samagi Jana Balawegaya (SJB) and the National People’s Power (NPP) to form a new Government yet both refused to support him.

Eventually, he said the Sri Lanka Podujana Peramuna (SLPP) agreed to support him to form a Government.

The President said that he continued to seek the support of the SJB yet the SJB rejected the invitations.

Wickremesinghe said that politicians should be built according to the agenda of the country and not the other way around.

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22A needs to be approved by referendum costing Rs. 10 billion: Anura Kumara

Claiming that the proposed 22nd Amendment to the Constitution is required to be passed by a referendum which costs Rs. 10 billion, NPP leader Anura Kumara Dissanayake said today President Ranil Wickremesinghe is plotting to bring in such an amendment at this juncture to create confusion among the people.

Speaking at a public meeting with Sri Lankans in Tsukuba, Japan, he said the 22nd Amendment is brought into amend Article 83 of the Constitution which deals with the tenure of the President and added that the Supreme Court has already given its observations that the President’s term is five years.

“The 22nd Amendment needs to be approved by a referendum. It costs Rs. 10 billion. The President is even ready to spend Rs. 10 billion to create confusion among the people. However, the process of the 22nd Amendment will take several weeks and by then Ranil Wickremesinghe would have gone home after being defeated at the election,” he said.

Dissanayake said even though Ranil Wickremesinghe is trying to create quandary and confusion among the people, it is very clear that Ranil is in a quandary whether he will get a chance to contest.

“Ranil is still in a quandary whether he will get a chance to contest. From which party, symbol is he going to contest? Just because he is in a quandary, he is trying to create confusion among the people about the election,” he said.

Refuting allegations that Rs.70 million had been spent for his foreign visits, Dissanayake said he will reveal all his expenses for foreign trips soon and challenged the President, Minister Harin Fernando and Manusha Nanayakkara to reveal the expenses for their foreign trips as well.

“We have not spent any public funds for foreign trips,” he said.

Former Australian PM Morrison presented with a copy of Indo-Lanka physical connectivity

Pathfinder chief, Milinda Moragoda, presented a copy of the Pathfinder Foundation’s Study Group Report On India-Sri Lanka Physical Connectivity to former Australian Prime Minister Scott Morrison here in Colombo.

During his tenure in office, PM Morrison played a pivotal role in developing Australia’s relationship with the Indo-Pacific region in general, and India in particular.

The Study Group was convened by Eng. R.W.R. Pemasiri, former Secretary of the Ministry of High Ways and Transport. The report was formally presented at an event jointly organized by the Pathfinder Foundation and the Ananta Aspen Center in New Delhi.

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Threat of early dissolution of House to get first time MPs’ support to 22A?

Those close to President Ranil Wickremesinghe had threatened first time MPs that Parliament would be dissolved if they do not support the 22nd Amendment, Education Secretary of the Frontline Socialist party (FSP), Pubudu Jagoda alleged yesterday.

The 22A seeks to amend the Constitution to bring Article 83 in conformity with the amendments made by the 19th Amendment to Articles 30(2) and 62(2).

Jagoda said the amendment was unnecessary and made no sense whatsoever in constitutional terms. Wickremesinghe and company, in bringing this amendment, wants to delay the presidential election, as the exercise entail holding a referendum in addition to being passed by Parliament, he said.

“Leaders of the government are demanding MPs to support this Bill. If they do not vote for the Bill, the Parliament will be dissolved. There are a lot of first time MPs in Parliament and if it is dissolved early, they will lose many benefits, including pensions,” he said.

Jagoda said the behaviour of the Election Commission is highly suspicious. Chairman of the Election Commission R.M.A.L. Ratnayake told a recent press conference, given that candidates follow auspicious times, the Commission, too, would fix a date and time ensuring that the ‘Rahu kalaya’ is avoided.

“You can look at a ‘litha’ and avoid the Rahu kalaya. We have had many elections in the past and we have not chosen dates and times based on auspicious times,” he said.

Meanwhile, Minister of Justice, Wijeyadasa Rajapakshe, however, said he instructed the Secretary to his Ministry, on Thursday evening (18) not to Gazette the 22A, until the Presidential election is held.

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President orders to gazette 22nd Amendment withheld by Justice Minister

The 22nd Amendment to the Constitution has been published via a Gazette notification by order of President Ranil Wickremesinghe.

On Thursday (18), Minister of Justice Wijeyadasa Rajapakshe had instructed his ministry’s secretary not to publish the Gazette notification on the 22nd Amendment to the Constitution until the Presidential Election is held.

However, the Justice Minister had claimed that this decision was made in order to eliminate the uncertainty regarding the holding of the presidential election.

This amendment will enable the paragraph (b) of Article 83 of the Constitution pertaining to the President’s term to be amended by replacing the words “to over six years” with the words “to over five years” stated in paragraph (b) of Article 83 of the Constitution.

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It is regretted that President places blame on me for current constitutional error – Jayampathi

Dr. Jayampathi Wickramaratne , the former MP who played a key role in drafting the 19th Amendment , said the upper limit of the term of President and Parliament as mentioned in Article 83 of the Constitution was not touched at that time only to avoid a referendum, and therefore it is regretted that President Ranil Wickremesinghe placing the blame solely on him for the constitutional error.

Issuing a statement in response to the President’s remarks, he said , “I wish to set the record straight.
Presidential candidate Maithripala Sirisena signed a memorandum of understanding with a group of 49 political parties and organisations headed by the Venerable Maduluwawe Sobitha Nayaka Thero at Viharamaha Devi Park, in which he pledged to abolish the Executive Presidency altogether. However, the very next day, he signed another MOU with the Jathika Hela Urumaya, in which he pledged not to make any constitutional change requiring a Referendum. Mr Sirisena’s election manifesto also stated that no constitutional reform necessitating a Referendum would be initiated.
Soon after being sworn in, President Sirisena appointed Mr Ranil Wickremesinghe as Prime Minister. Constitutional affairs was Gazetted as a subject under Prime Minister Wickremesinghe. A Cabinet sub-committee headed by Premier Wickremesinghe was appointed to oversee the Nineteenth Amendment process. The five-member team that prepared the initial draft comprised three retired officials who had served in very senior positions in the Legal Draftsman’s Department, myself and another lawyer. The entire drafting process was carried out on the basis that the Bill should not be placed for approval at a referendum, in keeping with President Sirisena’s electoral pledge. While the terms of the President and Parliament were proposed to be reduced from six to five years, the upper limit of six years was not touched as that would require a Referendum. Article 83 of the Constitution mandates that a Bill that seeks to amend or is inconsistent with particular Articles listed or the said upper limits would be required to be passed by a two-thirds majority in Parliament and approved by the People at a Referendum. It is essential to note that Article 83 itself is included in the list of provisions requiring a Referendum.
The several drafts prepared were all shared and discussed with the Cabinet sub-committee. The draft finally approved by the Cabinet sub-committee was then sent to the Legal Draftsman, who took over as required by law and made some changes. It was then sent to the Attorney-General, who took the view that certain clauses, especially some that reduced the powers of the President, would require a Referendum. Prime Minister Wickremesinghe had several meetings with the Attorney General to discuss the matter. I participated in one such meeting. Several changes had to be made to the Bill because of the Attorney-General’s position.
Prime Minister Wickremesinghe presented the Bill to Parliament. When it was challenged in the Supreme Court, the Attorney-General argued on behalf of the Government that no provision required a Referendum. The clauses that the Supreme Court held to require a Referendum were either amended or withdrawn in Parliament.
In light of the above, I regret that President Wickremesinghe has thought it fit to place the entire blame on me for not reducing the upper limits of the President’s and Parliament’s terms. I reiterate that the entire amendment process was based on avoiding a Referendum following President Sirisena’s pledge at the Presidential election,”

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Govt. rift deepens; President overrides Justice Minister, clarifies 22A

In what appeared to be a conflict of opinion within the Cabinet, President Ranil Wickremesinghe defied Justice Minister Wijeyadasa Rajapakshe and went ahead with the publication of the ‘22 Amendment to the Constitution Bill’ in a gazette notification last afternoon.

It happened a day after Minister Rajapakshe told the press that he would not proceed with the announcement of the bill in the gazette notification until the presidential election is over as otherwise it would create confusion in the minds of the people in the run-up to the Presidential Election.

Asked for a comment in this regard, Wijeyadasa said he intended not to proceed with the bill because it would lead to confusion only at this hour.

He said the President, as the head of the Cabinet, however, had gazetted it yesterday.

Asked what he would do next, the Minister said, “I will let you know in due course.”

In response to a query about the President’s move, former Finance Minister Ravi Karunanayake who is close to the President said the new bill is meant only to correct a constitutional error in the enactment of the 19th Amendment to the Constitution in 2015 and it has nothing to do with the postponement of the election.

“There is no move to postpone the elections,” he said.

Asked what would happen in case the Supreme Court determines that it should be referred to approval of people by referendum, he said, “Then so be it. It has nothing to do with the postponement of the elections.”

President Wickremesinghe is reported to have clarified his position to his close links that he does not intend to postpone elections.

The relevant gazette notification was issued on July 18, 2024, to amend Article 83 (b) of the Constitution. According to clause 2 of the bill, Article 83 (b) of the Constitution is amended by the substitution of the words “to over six years,” of the words “to over five years.

Once it is gazetted, it will be presented in Parliament. Afterwards, any party can challenge the constitutionality of the bill. Only the Supreme Court is authorised to determine whether the bill can be passed only by two-thirds in the House or with the approval of the people by a referendum in addition to two-thirds.

If a referendum is to be declared during the presidential election, it will be a challenging task for the Election Commission to conduct both simultaneously. Also, the government has to secure two-thirds in Parliament.

Mr. Rajapakshe’s intention to contest the Presidential Election despite being part of President Wickremesinghe’s Cabinet has now led to an open confrontation, potentially widening the rift between him and the President.

The move by President Wickremesinghe can be seen as a strategic step to assert his authority and perhaps undermine Mr. Rajapakshe’s political ambitions, setting the stage for a contentious and unpredictable election season.

Meanwhile, the President, in a public address, said yesterday that he regrets that this constitutional oversight could not be corrected at that time when the 19th Amendment was enacted.

Tamil Progressive Alliance tells President they prefer assimilation to isolation in Sri Lanka

Tamil Progressive Alliance (TPA) leader Mano Ganesan yesterday rejected the government’s Cabinet memo, titled “Establishment of New Settlement Villages in the Plantation Sector”. In a meeting with the President, Ganesan and his fellow MPs submitted a six-point alternative proposals.

“President Ranil Wickremesinghe invited the TPA to discuss his Cabinet memo, “Establishment of New Settlement Villages in the Plantation Sector”. We welcome any move, in principle, to de-link the lives of plantation workers from the modern slavery they are subjected to by the plantation employers. However, just renaming 200-year-old British built “line rooms” as “villages” is not a solution,” he said.

Ganesan said there is no point in keeping the plantation workers isolated “in the hills.” They, too, must be resettled in areas close to human settlements, which will allow them to integrate into the mainstream.