The TNA and the PSC

Thursday, 25 October 2012 00:00

By M A Sumanthiran
Today the most important question that is being asked of the TNA is “Why are you not joining the PSC?” This seems a very reasonable question since the Government has quite successfully carried on a campaign to convince everyone that the only reason why a political settlement cannot be reached is because the TNA is being obstinate and is refusing to join this very democratic process of the PSC that has been initiated by the Government. We owe it to the people of this country to explain the actual reason for the present stalemate in the talks between the TNA and the Government. For this a recollection of events from the beginning of the year 2010 is necessary:

It must be remembered that President Rajapaksa did not win in the North and the East, although he got a clear mandate from the rest of the seven provinces at the Presidential Election held in January 2010. In fact he did not win in Nuwara Eliya District and Colombo Municipal limits. Basically his mandate was only from the Sinhala majority of this country. A telling result, after he claimed to have freed the Tamil People from the clutches of terrorism!

The TNA made a public request in April 2010 that the Government must engage the TNA with regard to the evolution of a political settlement and the immediate concerns of the Tamil people in the aftermath of the war, and despite the President agreeing with the Leader of the TNA that two committees would be set up for these two matters in November 2010, only one committee was appointed in January 2011 consisting of representatives of the government and representatives of the TNA for ‘long-term reconciliation’. It was clearly stated in the letter of invitation to the representatives of the TNA that the other members were ‘representatives of the Government of Sri Lanka’.

Eighteen rounds of talks were held from January 10, 2011 throughout that year on the evolution of an acceptable political solution. Although no separate committee was set up with regard to matters of immediate concern of the Tamil people, at the invitation of the Government delegation, the TNA raised the following matters of immediate concern:

•  The removal of High Security Zones and disarming of para-military forces operating in the North and East
• Resettlement and Rehabilitation of the Internally Displaced Persons
• The issue of political prisoners and detainees.

The resettlement process continues to be snail-paced with several thousands still in the camps and many more tens of thousands in transit camps and with friends and relatives. Even those who have been permitted to return to their original places, are without proper shelter and are unable to re-commence their livelihood activities, resulting in there being no qualitative improvement in the lives of these people. Although some progress has been made in the Palaly High Security Zone area, several other areas in the North including Sampur in the East continue to be prohibited zones for the civilians.

Even in Palaly, now a long barbed-wire fence has been erected across the peninsula, physically preventing the resettlement of about twenty eight thousand people who have been displaced for over twenty six years. Para-military personnel continue to operate with impunity causing abductions, demanding ransom and even carrying out killings.

This is acknowledged by the Government in the recent Action Plan to implement the LLRC recommendations, and the Key Performance Indicator for this to be completed is six months! The Government delegation also gave an undertaking in writing at the 2nd round of the talks on the February 3, 2011 that the next of kin could check if their relatives are held in detention at a specified place in Vavuniya. At least three separate dates were fixed for a representative each from the Government and TNA to go to Vavuniya and check this out, those visits were always called off by the Government and never took place. To date this has not happened and real information pertaining to the detainees continues to be withheld and denied to the next of kin.



After the end of the war in May 2009, a programme is being implemented whereby cultural and religious places in the Tamil areas are misused, damaged and destroyed, increased militarization and military’s intervention in civilian life, lands being allocated to persons from outside the North and East ostensibly for development purposes resulting in demographic change in the North and the East, the transformation of the cultural identity of areas in the North and the East, all of which will have irreversible evil consequences to the future well-being of the Tamil people.

Representations made to the Government in regard to such matters have not resulted in remedial action indicating that they have not received due consideration by the Government. While the Tamil people have not been enabled through appropriate action by the Government to return to their homes within the Jaffna District, their absence is sought to be utilized to reduce the representation of the Jaffna District in Parliament resulting in the denial of franchise and the perversion of democracy.
In regard to a political solution the TNA placed before the Government delegation in writing at the very first meeting itself, the speech made by President Rajapaksa at the inaugural meeting of the APRC and the Committee of Experts in July 2006, which was referred to in my article last Sunday, as the position that would be acceptable to the TNA. On the invitation of the Government delegation a further outline was given at the second meeting.

Again at the invitation of the Government delegation, the TNA tabled a comprehensive set of proposals at the third meeting held on the March 18, 2011. This included proposals in regard to the structure of governance, the division of subjects and functions between the centre and the devolved units and fiscal and financial powers and other matters relevant to the achievement of an acceptable and durable political solution. The TNA invited the Government’s response to these proposals and despite the Government’s commitment to so respond, no response was forthcoming for several months.

Consequently no meaningful or purposeful discussion could be held on the discussion papers tendered by the TNA. This was clearly demonstrative of the lack of a genuine commitment on the part of the Government to the evolution of an acceptable political solution. While attempting to show the world that the Government was engaged in a political process as an integral part of reconciliation, what the Government was really engaged in was no more than a deceitful exercise. It was in these circumstances that the TNA questioned the continuance of such a deceitful process. The TNA therefore called upon the government to meaningfully define and state the Government’s response to three issues: 1. The structure of governance, 2. The division of subjects and functions between the centre and the devolved units and 3.  Fiscal and financial powers, within a period of two weeks, to carry forward any future dialogue. However, as usual, the Government went to town, accusing the TNA of behaving like the LTTE – laying down conditions and setting deadlines!
To be continued

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On the threshold of budget 2013

Thursday, 25 October 2012 00:00

The 2013 budget period is around the corner, with two setbacks for the government in terms of legislative work in Parliament.
As things stand today, it looks impossible for the government to enact two pieces of legislation before the end of this year. Divineguma Bill and the Criminal Procedure Code (Amendment) Bill that seeks to give permanent powers for the police to hold arrested persons in custody for 48 hours, are the two legislations that hid legal snags in the process of making them laws in the House.

The government’s attempt to enact the Divineguma Bill hit a hiccup after the Supreme Court’s ruling to refer it to the provincial councils for approval. Also, the case of whether the Bill can be endorsed by the northern governor is still pending before the court.


13th Amendment
The Bill seeks to deal with powers devolved to the provincial councils for rural and regional development work under the 13th Amendment to the Constitution.
The failure to enact this legislation effectively in Parliament appears to be a blow to the government which enjoys a two-third majority, and the ruling party politicians now consider it an eye opener for them to review the 13th Amendment introduced under the 1987 Indo-Lanka Accord, and abrogate it.   

Once again, the political rhetoric against the 13th Amendment resonates in political circle. The allies of the government such as Mahajana Eksath Peramuna , Jathika Hela Urumaya and Jathika Nidahas Peramuna have renewed their claim for the repealing of the 13th Amendment, and thereby doing away with the provincial council system.

The sudden emergence of   such a political dialogue has left political analysts with scope to interpret the matter   in their own ways. One section holds the view that the top brass of the government, angered by the inability to make Divineguma Bill a law in Parliament, and, is whipping up political emotions of people against it. For them, the provincial council system stood in the way as a stumbling block.  There is another school of thought that opines that the government is hell bent on showing the international community that there are domestic compulsions against power devolution or sharing.

The 13th Amendment  is a piece of legislation hastily prepared and forced down on Sri Lanka by India in 1987, as a step to resolve  the national question that was in the form of a civil war at that time.  It is fundamentally flawed in many aspects.  But, if anyone wishes to repeal it, what is the alternative mechanism to replace it? That is a question asked by the pro-devolution sections of society at a time the demand for a political solution is put forward.






TNA’s grievances
All in all, the Tamil National Alliance (TNA) which seeks an extensive power sharing arrangement with the government looks at the whole scenario from a different perspective.

When asked whether the TNA is perturbed by the latest development, TNA National List MP M. A. Sumanthiran said, “We are not perturbed in the least. We have been telling the whole world that the government is not genuinely committed to a political solution. Now, the government is proving our point.”

Similar views are held by the left leaning parties in the ruling coalition, namely the Communist Party and Lanka Sama Samaja Party (LSSP). The two parties have already called the abrogation of the 13th Amendment which according to them would  encourage the resurgence of terrorism.

Senior Minister D.E.W. Gunasekara of the Communist Party and Senior Minister Tissa Vitarana are the two politicians who have spoken for the 13th Amendment.




UNP still strict on rebels
The main opposition United National Party (UNP) changed the venue for its parliamentary group meeting    from the parliamentary complex to the party headquarters ‘Sirikotha’ on Tuesday.  It was seen as an attempt to block three MPs Palitha Thewarapperuma, Palitha Range Bandara and Asoka Abesinghe from attending it.  Their memberships have already been suspended for attending the October 18 rally in Colombo along with former Army Commander Sarath Fonseka.

According to the party’s Constitution, anyone suspended from the party membership cannot enter the party headquarters for officials work. Accordingly, the three suspended members lost the opportunity to attend this week’s group meeting.


 India interested in TNA’s unity
Disunity among parties in the Tamil National Alliance (TNA) has become a matter of concern for the central government of India. During the party’s meeting with the Indian government early this month, Indian Prime Minister Manmohan Singh categorically told the TNA delegation headed by its leader R. Sampanthan, “It is better if you all are united.”

In that regard, the Indian premier had uttered only that sentence whereas much of attention was paid particularly on the process of evolving a political solution.  TNA MP, Suresh Premachandran, said that the Indian government is concerned over what he termed ‘inordinate delay and lackadaisical approach by the government of Sri Lanka   to address the problem.

The TNA is an amalgam of the parties namely the EPRLF of Mr. Premachandran, TELO of Selvam Adaikkalanathan, TULF of V. Anandasangari, PLOTE of D. Siththarthan and ITAK of Mr. Sampanthan. There have been talks going on for some time on the need to register the TNA as a separate political party with the Elections Commissioner. There are differences of opinions among the parties in the TNA in this regard, and the Indian Prime Minister was referring to it at the meeting.







KP Debate
At the business committee meeting of Parliament on   Tuesday, Chief Opposition Whip John Amaratunga asked for a special debate on November 6.   Chief Government Whip Dinesh Gunawardane was insisting to know what it was going to be on.  After being prodded by the government, Mr. Amaratunga said that it would be on LTTE’s chief arms procurer Kumaran Pathmanathan alias KP who is now with the government.  

Upset over the UNP’s move, Economic Development Minister Basil Rajapaksa said it would not be appropriate to move an adjournment motion particularly on KP.
“In this manner, you will bring a motion on the underworld kingpin called ‘Wele Suda’. Therefore, it is better to generalize the theme of the motion so that debates could be based on a number of others including KP,” he said. The government members and the opposition members exchanged funny remarks over KP at this point, the UNP asked whether he would come to see parliamentary proceedings on that day .  Mr. Gunawardane replied in lighter vein, “Even if he comes, the UNP will not be able to identify him.”





Senior Minister disturbed over opposition disunity
UNP MP from the Ratnapura district Thalata Atukorale was having a chat with another on the corridor of the parliamentary complex on Tuesday when they were bumped in by a senior minster.

The senior minster was jubilant to meet Ms. Athukorale.

“Hello, Thalata, how are you? What are you doing in the opposition? You have to be united to emerge as a powerful force to reckon with. Otherwise, it is disadvantageous for us in the government too. We have been compelled to play the role of the opposition as well,” he told Ms. Athukorale.

Both the government and the opposition are hit by internal squabbles and dissension ahead of the budget period over issues specific to each of them.  The inability of enact ‘Divineguma Bill’ is a slap on the face for the government, and divisions among the opposition members will not enable it to take on the government during the budget period in a concerted manner.