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The Tamil People's Struggle to be Freeby Nagalingam Ethiveerasingam, Ph.D.
Paper read at the Royal Institute of International Affairs, Chatham House. Oct. 1998 "I have always said that the rights of a given crowd are what they will fight for." Justice Oliver Wendell Holmes
Abstract The paper argues that Tamils are a nation. The Tamil nation and the Sinhala nation were brought together by Great Britain and ruled as one state since 1830. In 1948, both nations were bonded together with a covenant which prohibited the Sinhala majority parliament from passing any laws that would, “confer on persons of any community or religion any privilege or advantage which is not conferred on persons of other communities or religions;” which also gave the rights to all citizens of Ceylon the right to appeal decisions of the Ceylon Supreme Court to the Privy Council. The Sinhala majority parliament denied its citizens the right to appeal to the Privy Council in 1971, and set aside the covenant with a new constitution in 1972. Great Britain who brokered the covenant did not intervene on behalf of the Tamil people. The Tamil Nation reverted to its original state as a nation. The Sri Lanka government then exerted its grip on the Tamil people as a colonial power. The Tamil then took up arms, when negotiation of a new covenant failed repeatedly, to free them from the new colonial power, Sri Lanka. The Tamil nation is appealing to the United Kingdom to exercise its mandate given by the 1960 UN Declaration on de-Colonization, to hold a referendum of the Tamils to exercise their right to self-determination.
John Stuart Mill's Concept of Nationality John Stuart Mill, writing in 1861 on the subject, "Of nationality as connected with Representative Government," says that,
Mill's writing on the subject is so relevant to the Sri Lanka situation that quoting him at length provides some insight into the dynamics of the present violent conflict.
Mill seems to be describing the two nationalities in Sri Lanka. He describes how an army composed of one nationality occupying areas populated by another nationality would behave.
The history of atrocities committed by the armed forces since the burning of the Jaffna Library on May 31, 1981 bear witness to Mill’s thoughts on Nationality. The Chemmani mass graves, still to be excavated, and the many other mass killings of Tamil civilians that have previously occurred validate his predictions. But the world waits on the sidelines giving the reason that Sri Lanka is a sovereign state. Group Identity The Tamils admire the group identity that Mr. S.W.R.D. Banadarnaike gave the Sinhala and the Buddhist communities. Tamils only wished that he could have also given the same opportunity to the Tamils to develop their own Tamil cultural identity. Instead, with the consent of his people, he tried to force the Sinhala identity on the Tamil community. All successive Sinhala Prime Ministers and Presidents, while giving small concessions, refused to recognise the Tamils as a people. They still refuse to do so. Senator Daniel Moynihan, in his book, On the Law of Nations says that,
Moynihan further comments that,
Moynihan added that, “All of which guarantees fission, and arguably makes a claim on the attention of those who advanced these propositions in the first instance, notably the United States.” Tamil and Sinhala Nations Before the Colonial Period 1505 - 1832 Archaeologists have established that the Megalithic people lived in the North and South of the island around 5000 BC. The fact that succeeding waves of migrations have come to the island from India since then is indisputable. Hindu Temples were built during the fifth or sixth century BC in the North, South, East, and West of the island. The following authors observed that the Tamils traditionally occupied the North and East of the island: Fernao de Queyroz, (1687); Paviljeon, (1665); Donald Ferguson; Van Goens, (1675); Van Imhoff, (1740); Anthony Mooyart, (1766); Hugh Cleghorn, (1799); Robert Brownrigg, (1813); Emerson Tennent, (1859). They describe the extent and boundaries of the Tamil and the Sinhala Kingdoms by observation in the early years and later with maps. King Sankilian fought the Portuguese to defend the Jaffna Kingdom. Just because the Tamils and the Sinhalese were ruled and paid taxes to colonial rulers does not mean that they were never nations. Personal sovereignty is not transferable. And neither is a group’s sovereignty. It is only the portion of the sovereignty that is necessary for a group of people, or a group of nations, to govern themselves that is transferred by a covenant to those who govern. Czechs and Slovaks in the former Czechoslovakia, Serbia, Croatia and Bosnia in the former Yugoslavia retained their sovereignty to claim independent status later and be recognised by the international community. In US v. Curtiss - Wright Corp. 29 US 304 (1936), the US Supreme Court said, “[Rulers] come and go, governments end and forms of governments change but sovereignty survives.” John Locke and the Concept of Covenant The Tamil and Sinhala Kingdoms ruled Lanka during various periods in its long history. The problem Sri Lanka faces is a problem between the people of two nations that were brought together under British rule and were held together by a covenant in the Soulbury Constitution. John Locke, advanced the concept of a covenant between the ruler and the people in 1681 in his, ‘The Second Treaties of Government.’ Locke stated that people are slow to act. In general, only a long series of repeated abuses by a government will cause people to act. He specified that the term "rebellion" indicate a return to the state of war and denial of the principles of civic society. When the government is the abuser, it is the government that has rebelled. Under these circumstances it is the community that stands for law and order and the community puts down the rebellion by the government. Locke concluded his treatise with the justification of the people's right to overthrow governments that violate the trust and the law of nature. Locke, in Chapter Three, ‘Of the State of War,’ in ‘The Second Treatise of Government’ said:
The Covenant Between the Majority Sinhalese and the Minority Tamils In the 1920s, in preparations for independence, the two communities were at odds with each other with respect to power sharing in an independent Ceylon. The Sri Lanka Colonial Papers published by the University of London recently document some of the dialogue on the concerns of the Tamils. The Crown, after many years of debate, brought about a covenant -- Section 29(2) of the Soulbury Constitution given below. Under this constitution, Tamils of Ceylon had recourse to the Privy Council if their rights under the covenant were violated. The Privy Council and the Crown were thus the guardians of the covenant between the Tamil and the Sinhala communities:
Professor G.L. Peiris, the Minister of Constitutional Affairs, in a series of articles he wrote on the constitutional process, in the Sunday Island of February 25 and March 5, 1995, refers to Section 29(2) and (4). Professor Peiris pointed out that Section 29(4) which allows the constitution to be amended by a two-thirds majority of Parliament did not apply to Section 29(2)...
Again on March 12, 1997, as reported in the Ceylon Daily News, Prof. Peiris pointed out that a constitutional,
The 1972 Constitution and the Final Break of the Covenant In 1956, Mr. S.W.R.D Bandaranaike’s government passed, “The Official Language Act” disregarding Tamil concerns and in violation of Section 29(2) of the Soulbury Constitution that formed the Covenant between the Sinhala and Tamil Nations. That single act initiated peaceful demonstrations and legal protests that continued for more than 20 years. Kodeswaran’s challenge to the Official Language Act, in 1962, was upheld by the District Court, but the Supreme Court set aside that judgement on the grounds that government servants cannot sue the government. In Kodeswaran’s appeal to the Privy Council, the Privy Council, in 1969, set aside the Ceylon Supreme Court’s decision and directed it to rule on the constitutional question. The legal consensus at that time was that if the appeal goes to the Privy Council again, it would uphold the District Court’s decision. As a result Mrs. Bandaranaike’s United Front government, as custodian of the Sinhala Only Act, abolished appeals to the Privy Council by Act No.44 of 1971. Section 29(2) was dropped from the new Republican Constitution without consent of the Tamil people in 1972. The 1972 and the 1978 Constitutions declared Sri Lanka as a Buddhist Sinhala country. By not including Section 29(2) in the 1972 and the 1978 constitutions the Sinhala majority government broke the sacred covenant and the Tamil Nation reverted to its pre-colonial status of a Nation. But by political and violent military strategies the Tamil lands and the Tamil people were colonised. In 1983, the Tamil people, like the people of American colonies, took up arms to exercise their right to free themselves from the colonial government of Sri Lanka. In 1972, the Crown, the original brokers of the covenant, could have politically or militarily intervened to protect the minorities. But it did not. S.J.V. Chelvanayakam, who for twenty years, like G.G. Ponnambalam in the twenties and thirties, led the Tamil people into peaceful negotiation for a new covenant with the Sinhala leaders in Parliament, finally gave up. On 26 May 1976, The Tamil United Liberation Front was formed and it passed the “Vaddukoddai Resolution” for a separate Tamil State. The Tamil people in the North and East gave the Resolution overwhelming support in the last free General election in 1977. Chelvanayakam, the Tamil leader who dedicated his life to achieve the rights of the Tamil people by peaceful demonstration said in his last years:
Colonial Countries and Peoples The United Nations 1960 Declaration and the future Programme of Action for implementation of Declaration, RESOLUTION 2621(XXV), adopted by the General Assembly on 12 October 1970, applies to Sri Lanka. The Tamils of Ceylon are still subjects of the Queen whom Sri Lanka has taken upon itself to rule without the consent of the Tamils who are demanding self-determination. Tamil nation is being treated by Sri Lanka as if it is a de facto colony, preventing, by force, its right of self-determination. The UN General Assembly in 1960 declared that:
Resolution 2621 (XXV), "Reaffirms the inherent right of colonial peoples to struggle by all necessary means at their disposal against colonial Powers which suppress their aspiration for freedom and independence." The Tamil Nation, a colony of the British before 1948 and after 1972, should have the opportunity for self-determination. The Sri Lanka government has taken upon itself to unilaterally incorporate the Tamil Nation within Sri Lanka. The Tamil people, after 25 years of peaceful protest, even in the face of communal atrocities by the Sinhala people and the government, took up arms to free themselves. Thimpu Principles On July 13,1985, the Tamils wanted to negotiate a political solution on the basis of four principles, now called the “Thimpu Principles.” The original Thimpu proposal was as follows:
On November 27, 1997, marking the Heroes Day, LTTE leader Mr. V. Pirapakaran said, “From the time of the Thimpu talks we have been emphasising that the recognition of the Tamil homeland, Tamil nationhood and the Tamil right to self-determination should be the basis for any negotiated political settlement. This is our position even today.” In September 1998, the Thimpu principles as a basis for negotiation were again reiterated by the LTTE. Thirty years of peaceful negotiation and fifteen years of violent conflict have not made any impression on the Sinhala political parties that have ruled Sri Lanka since independence in 1948. Today, a draft constitution of devolution proposals that has been touted as a solution to the ethnic problem does not come close to addressing the aspirations and grievances of the Tamils. And even that document has not gained acceptance by many in the present government and members of the opposition party. H. L. de Silva, former Sri Lankan Ambassador to the UN, in his address at the 39th death anniversary of Mr. S.W.R.D. Bandaranaike stated, in the presence of Mrs. Bandaranaike and two of her Ministers:
Mr. de Silva eloquently describes the feeling of the majority of the present government and a majority of the Sinhala people. He is speaking of the Sinhala majority. Mr. de Silva does not include the Tamil people, what they feel and the values that they hold sacrosanct, or their “cultural ethos” in his equation. He has virtually stated what the Tamils already know about the feelings of a majority of Sinhala people and their leaders about the rights of the Tamils. President Bandaranaike-Kumaratunga in Anuradhapura also recently espoused this view, on August 25, 1997. She stated that “...Sri Lanka is a Sinhala Buddhist country.” With such ethnocentric views being stated by the most powerful figure in the country the Tamils can only believe that they are, and will always remain, second-class citizens in Sri Lanka. Imposing the idea of Sinhala “Oneness” on the Tamil is what is not acceptable to the Tamils in the past, now or ever. A majority of the Tamils have no objection to Mr. de Silva or the President’s statements as long as the Sri Lanka of which they speak is not a part of Tamil Eelam. Most Tamils would agree with Locke, if the Sinhala people or their leaders think the way Mr. de Silva thinks, “... he who make an attempt to enslave me thereby puts himself into a state of war with me." There are political leaders saying that the present 13th Amendment should be abolished. The media, both government controlled and non-government media, assume that the LTTE and the Tamils are separate entities. While some Tamils do not support the LTTE, they are only in a position to discuss the devolution of powers because of the existence of the LTTE. Other Tamils support the idea that the LTTE is fighting to establish the Tamils’ right to self-determination. There is a substantial majority of Tamils who consider the LTTE as their liberators. The fact that the President’s 2000 devolution proposals have not been tabled in Parliament for debate indicate that even the ruling party members may not support, let alone the opposition UNP. It has not also been put to the people for a consultative referendum, which the Presidential powers allow. Therefore there is no agreement among the elected Sinhala politicians what powers should be devolved to the Provinces. In fact there is no mention of devolution of powers to the Tamil community. A substantial number of the Buddhist clergy, especially the key leaders of the Buddhist clergy whose leadership in political matters a substantial number of Buddhist Sinhala voters follow, are against any recognition of the rights of the Tamil community as a group and are against any devolution of power to the Tamils as group. The two main Sinhala political parties will not do anything that would jeopardise their remaining in, or ascension to power. The Sinhala political leaders are unable, even if they were willing, to devolve power to the Tamil community and still expect to remain in power. The majoritarian democratic constitutional process is thus failing in Sri Lanka to resolve the problem of Tamil rights. Under such a scenario, any Sinhala party that says that they are willing to negotiate with the Tamils or with the LTTE on behalf of the Tamils, is only singing the fifty-year old refrain of negotiated political solution, knowing very well that there cannot be a negotiated solution that a majority of both the Sinhala and the Tamil communities will accept. The LTTE will never fall for Bandaranaike/Senanayake/Bandaranaike/Jeyawardena/Premadasa/Kumaratunga strategies of deceptions. Hence their proposition that the Sinhala political leaders agree among themselves that they are willing to accept the Thimpu principles as the basis for a negotiated solution to the ethnic conflict. Without such an acceptance any talk of talks is just empty talk. The Tamils, who have taken up arms to liberate themselves, will never enter into talks without an assurance that there is a basis to begin negotiations. The United States’ actions with regard to the ethnic conflict in Sri Lanka are perplexing when one considers the events that surround the creation of the U.S.A. The First Continental Congress, which met in September 5, 1774, sought fair treatment from Great Britain rather than independence. It claimed the right of each colonial assembly to regulate its own internal affairs. Great Britain ignored the congress and fighting broke out between Massachusetts’s farmers and British troops at Lexington and Concord in April 1775. The Second Continental Congress met on May 10, 1775. With the outbreak of war, the Congress approved the Declaration of Independence on July 4, 1776. The Tamil people’s declaration for separation in 1976 is similar to the unanimous Declaration of Independence by the Thirteen Colonies on July 4, 1776. The sentiments and reasons reflect similar feelings and thoughts of the Tamil people 200 years later. Thomas Jefferson, invoking the ideas of Locke, expressed for all people the tyranny of Kings and parliaments that refuse equality, liberty and justice to a people because of their language, religion and ethnicity. Quoting the Declaration of Independence is important to make bring home the struggle for equality, justice and liberty of the Tamil people relevant to those who will judge us:
The wrongs and wrath successive Sinhala majority parliaments and the Sinhala people of Sri Lanka have done to the Tamil people since 1956 are well documented elsewhere. Such wrongs were committed for over thirty years while the Tamil people peacefully protested and demanded their rights as a people. The humanitarian and human rights violations by the Sinhala armed forces since independence, particularly since the 1983 Riots, forced the Tamils to take up arms to defend their Liberty. The Tamil people are no longer willing to place their safety and their liberty in the hands of the Sinhala majority or their armed forces. In the words of Abraham Lincoln, “Finally, I insist, that if there is anything which it is the duty of the whole people to never entrust to any hands but their own, that thing is the preservation of their own liberties and institutions.” We hope the United Kingdom will not abandon the Tamil people. In 1971, a law passed in the Ceylon Parliament summarily took the right given to the Tamil people to appeal to the Privy Council away. In 1972 the covenant brokered by Great Britain was also set aside, by a Constituent Assembly, without the consent of the Tamil people. Great Britain failed to intervene on behalf of the Tamil Community at that time. The Tamil people in Sri Lanka are appealing to the United Kingdom as the government that brokered the covenant in the Soulbury Constitution, which gave recourse to the Privy Council, to exercise her responsibility under the 1960 UN Resolution on De-Colonisation to advocate for their rights to self-determination. End Speech given by V. Rudrakumar at same conference here. |
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