Federalism or Bantustans?

President Chandrika Bandaranaike Kumaratunga announced her "Devolution Proposals" on the 3rd of August (Daily News, 4/8/95). The Proposals described future Sri Lanka as a "Union of Regions", which implied a high level of autonomy for the "Regions" (sec 9.1). The implication was reinforced by the denial of powers for Central Government to unilaterally dissolve a Regional Council (RC) by requiring that the Governor could dissolve a RC only on the "advice" of the Chief Minister (CM) (sec 1.3). This political autonomy was welcomed by many because it is the indispensable condition for the resolution of the Tamil Question.

However, three days later the Proposals wilted. In response to pressure from Sinhala nationalist forces the Minister of Justice and Constitutional Affairs, Prof G L Peiris, qualified the degree of autonomy. He explained that a provision will be included to empower the Central Government to unilaterally intervene in a Region "in exceptional cases" (The Island, 6/8/95). Seven days later the Proposals died, when the exact wording of the proposed amendment was reported as follows: "If the President is satisfied that a situation has arisen in which the regional administration is promoting an armed rebellion or insurrection or engaging in an intentional violation of the Constitution, which constitutes a clear and present danger to the unity and sovereignty of the Republic, the President may by proclamation assume to himself/herself all or any of the functions of the administration of the region and all or any of the powers vested or exercisable by the Governor, the Chief Minister or the Board of Ministers or the body of authority in the Region". The President shall also have powers to dissolve the Regional Council by proclamation in these circumstances" (Sunday Times, 13/8/95). The terms "satisfied", "promoting", "engaging", "unity" and "sovereignty" are open to extremely wide interpretations; and a provision requiring the concurrence of the RC is absent.

The Government-controlled Daily News (18/8/95) confirmed that such an amendment will be adopted. The entire Proposal has been made a mockery and deception by this political somersault. Clearly the proposed "substantial" devolution has been shot down. All that is left to do now is to perform the autopsy.

Firstly the President should have published her Proposals before the breakdown of the cessation of hostilities (COH) on 19 April. The failure to do so was a grievous error.

Secondly the Proposals, as Prof. Peiris explained, are President Kumaratunga's "basic ideas with regard to devolution". The next stage, he said, is to prepare the draft chapter of the new constitution on devolution. It will then be presented to the Parliamentary Select Committee (PSC) on Constitutional Reform, placed before Parliament for approval by a 2/3rd majority and finally submitted at a referendum (The Island, 6/8/95). It must be stressed that the Peoples Alliance (PA) has still NOT formulated the Government's official proposals for conflict resolution which is the ONLY basis for negotiations with the Liberation Tigers of Tamil Eelam (LTTE)

The Action Group of Tamils in Colombo (AGOTIC) has over the past one year repeatedly urged President Kumaratunga and her PA Government to place before the people a "peace package", a set of proposals for conflict resolution (Sunday Observer, 14/5/95). We deeply regret that the President has found it fit to publish merely her "basic ideas". AGOTIC can only restate the urgency, and underline the importance, of the PA Government announcing its "peace package" and beginning negotiations with the LTTE.

Thirdly the Proposals as they stand now cannot be resurrected. Because they have no provisions whatsoever for structural changes in Central Government. This institutional reform is necessary to facilitate power-sharing between ethnic groups in the Central Government. Any devolution of power to the Regions without a simultaneous re-structuring of the Centre will perpetuate Sinhalese-domination of the Centre and merely create Tamil, Muslim and Up-Country Tamil Bantustans in the Regions. The result will be further geographical and political marginalization of these communities and an intensification of ethnic conflicts.

After the Proposals were released Prof. Peiris went on record that the Government will NOT communicate the Proposals to the LTTE, because the LTTE unilaterally ended the cessation of hostilities and allegedly spurned previous offers (The Island, 10/8/95). This is an obviously irresponsible approach.

But we suspect that there are deeper reasons for excluding the LTTE. It must be remembered that, immediately after Mrs Kumaratunga became Prime Minister, Mr Velupillai Prabhakaran initiated "peace talks" by writing to invite the PA Government for talks in September last year (The Island, 8/9/94). About two weeks later he made the unprecedented announcement that the LTTE is willing to drop the Eelam demand: that it is "prepared to accept a `substantial [devolution] package' as an alternative to its demand for a separate State" (The Island, 22/9/94). Prime Minister Kumaratunga responded positively by sending her delegation to Jaffna for the first round of talks on 13 October. It must also be remembered that the day after Mrs Kumaratunga took oaths as President on 12 November, the LTTE offered a unilateral COH effective for seven days (Daily News, 15/11/94). After the second round of talks on 3 January 1995, the Government announced a temporary COH on 8 January. The LTTE in turn proposed that the COH should be turned into a permanent ceasefire. The Government did not agree to do so. Nevertheless the LTTE reiterated its readiness to abandon the demand for a separate State; and listed four issues which must be covered by any proposal made by the Government (The Island, 6/3/95). They are:

- The problem of the Tamils should be accepted as a national issue.

- The Tamil people should be accepted as a national entity.

- The traditional homelands of the Tamils should be accepted.

- The rights and sovereignty of the Tamils should be accepted."

The President's Proposals ignore these issues. Nevertheless the LTTE, whilst dismissive of the Proposals, has again reiterated its willingness to restart talks with the Government (Sunday Observer, 20/8/95).

In contrast, the PA Government's response is to avoid negotiations with the LTTE. Hence the President's Proposals were not officially communicated to the LTTE; and the Government has confirmed that it will not negotiate with the LTTE (Daily News, 18/8/95).

Meanwhile the Government is strategising to politically weaken the LTTE by undermining its support among Tamils and militarily weaken the LTTE by carrying out a series of operations in the Jaffna peninsula. In short, the evident intention is to deny control over territory and drive the LTTE back into the bush. If this can be achieved, and there is a big "if", then the only and obvious result is that the LTTE's political power will be reduced and its capacity to negotiate will be emasculated. We cannot escape the conclusion that the Government is aiming to achieve precisely this result.

If the LTTE's capacity to make peace is weakened, it will revert to guerilla war and refuse to negotiate - a scenario which unfolded under the occupation of the Indian Peace Keeping Force (IPKF). As a part of that scenario a pliant administration was installed in the NEP in 1989. Today the PA Government is following a similar scenario: it is considering the appointment of an "Interim Advisory Body" for the NEP (Sunday Times, 6/8/95). Presumably this puppet administration will be manned by at least some of the Tamil political parties in Colombo.

Two important conclusions are unavoidable. Firstly, the PA Government is neither willing nor able to devolve power to satisfy the legitimate national aspirations of Tamils. Secondly, the Government's preferred political arrangement is internal colonialism in the NEP. It will be attempted by imposing military hegemony over the Tamil people by the Sinhalese-dominated Government in Colombo, with the assistance of most Colombo-based Tamil politicians who are essentially political mercenaries grovelling for the crumbs of public office.

Dr K Velauthapillai (President)
Dr S Sathananthan (Secretary)
23 August 1995