| Pirapaharan   By: T. Sabaratnam     10.
        Mandate Affirmed    Vaddukoddai
        Resolution   Nine
        days after Pirapaharan founded the LTTE, the Tamil United Front held its
        first national convention at Pannakam in Vaddukoddai in the Jaffna
        Peninsula. It passed the
        historic 'Vaddukoddai Resolution' affirming the mandate that the voters of
        Kankesanthurai gave overwhelmingly in the 6 February 1975 by- election
        for the establishment of a separate state for the Tamils.   The
        Convention resolved: 
 
 This convention resolves that restoration and reconstitution of the
        Free, Sovereign, Secular, Socialist State of TAMIL EELAM, based on the
        right of self determination inherent to every nation, has become
        inevitable in order to safeguard the very existence of the Tamil Nation
        in this Country.  
 
 The
        exhaustive, 21-paragraph resolution declared that the Tamils had the
        right to reconstitute themselves into a separate state because they
        satisfied the elements required to be considered a separate nation.
        The resolution stated that in clear terms before resolving to set up a
        separate state: 
 
 The first National Convention of the Tamil United Liberation Front
        meeting at Pannakam (Vaddukoddai Constituency) on the 14th day of May
        1976, hereby declares that the Tamils of Ceylon by virtue of their great
        language, their religions, their separate culture and heritage, their
        history of independent existence as a separate state over a distinct
        territory for several centuries till they were conquered by the armed
        might of the European invaders and above all by their will to exist as a
        separate entity ruling themselves in their own territory, are a nation
        distinct and apart from Sinhalese and this Convention announces to the
        world that the Republican Constitution of 1972 has made the Tamils a
        slave nation ruled by the new colonial masters, the Sinhalese ,who are
        using the power they have wrongly usurped to deprive the Tamil Nation of
        its territory, language, citizenship, economic life, opportunities of
        employment and education, thereby destroying all the attributes of
        nationhood of the Tamil people. 
 
 Thanthai
        Chelva proposed the resolution and M. Sivasithamparam of the All Ceylon
        Tamil Congress seconded it. Thanthai Chelva told the convention that he
        considered himself the fit person to propose the resolution because he
        had tried to work out a reasonable formula to accommodate the Tamil-speaking people
        within the constitutional fabric of united Sri Lanka. He
        confessed: 
 
 I am sorry to admit I have
        failed.  From 1948 until
        recently, I placed before the Sinhala leaders what I perceived as the
        only possible, workable solution for the problem of the Tamil speaking
        people- the formation of a federal region in a united Sri Lanka. They
        rejected it. Through two pacts and a series of agreements, I tried to
        lay the foundation for a decentralized administrative structure. That
        effort failed. Now we are left with no other option but to part company
        and establish for ourselves a separate state. 
 
   Thanthai
        Chelva spoke in this emotional speech about the two pacts he
        signed with
        two Prime Ministers. The first was with Prime Minister S. W. R. D.
        Bandaranaike in 1957. The pact contained three important arrangements that
        provided safeguards for the Tamil-speaking people. They were: ·      
        Recognizing
        Tamil as a National Language without disturbing the position enjoyed by
        Sinhala as the official language and using Tamil as the language of
        administration of the northern and eastern provinces. ·      
        Setting up a
        regional council for the north and two or more regional councils for the
        east and permitting two or more regional councils to amalgamate even
        beyond provincial limit. ·      
        Bringing
        colonization schemes under the subjects reserved for the regional councils and
        giving the councils the power to select allottees and the personnel
        employed to work in those schemes.  This
        pact, known as the 'Bandaranaike–Chelvanayagam Pact,' was torn up by Bandaranaike due to the pressure exerted by the
        Buddhist priests and politicians. 
   The
        second pact, known as the 'Senanayake–Chelvanayagam Pact,' was with Prime Minister Dudley Senanayake in
        1965.  Elements of the pact with
        Bandaranaike were the basis for this pact. Thanthai Chelva made use
        of this pact to make two matters explicit. They concerned the use of
        Tamil as the language of administration of the north and the east and
        the procedure to be followed when allocating land under colonization
        schemes. They are: ·        
        Tamil would be
        the language of administration and record in the northern and eastern
        provinces.  Legal
        proceedings would be conducted and recorded in Tamil in those provinces. ·        
        Priorities that
        should be observed in allocating land under colonization schemes in the
        northern and eastern provinces was laid down as follows; (a) In the
        first instance it should be granted to the landless persons in each district; (b) Secondly, to the Tamil-speaking persons residing in the
        district; (c) Thirdly, to other citizens in Ceylon, preference being
        given to Tamil citizens in the rest of the island. 
 
   Thanthai
        Chelva, in his speech at Vaddukoddai, also admitted the failure of his policy of cooperating with one
        or the other section of Sinhala leaders to help form governments in
        return for the implementation of the fundamental arrangements embodied
        in the Bandaranaike–Chelvanayakam Pact.  In March 1960, he helped the
        Sri Lanka Freedom Party (SLFP) to defeat the UNP government of Prime
        Minister
        Dudley Senanayake on the undertaking that when the SLFP returned to power it
        would implement the Bandaranaike –Chelvanayakam Pact. The SLFP government
        that came to power following the July 1960 election did not honour that
        understanding. Instead, Prime Minister Sirimavo Bandaranaike pursued a Sinhala chauvinistic policy and implemented the Sinhala Only policy
        vigourously. Then in 1965, Chelvanayagam switched sides and helped Dudley
        Senanayake to form the national government on the basis of the pact he
        signed with him. Senanayake too let the Tamils down. 
 
 Acts
        of Discrimination  
 
 Sivasithamparam
        told the convention the nine major acts of discrimination successive
        Sinhalese governments had perpetrated on the Tamils since independence.
        They were included in the resolution as: 
 
 Amirthalingam’s
        was the most provocative speech. He structured it in a manner that it
        would rouse the youth. In the first part, he reminded them of the past
        glory of the Tamils. He told them that Tamils lived as an independent
        nation in the north-eastern portion of Sri Lanka. Since the dawn of
        history, he said, the Sinhalese and Tamil nations had divided Sri Lanka
        between themselves, the Sinhalese living in the Southern and Western
        parts of the island and Tamils inhabiting the northern and eastern
        regions. Tamils had resisted Sinhala invasions and intrusions and had
        driven them away whenever they tried to impose their rule on them.  
 
 Tamils
        lived as an independent nation when the Portuguese landed in the island
        in 1505. The Jaffna Kingdom was in control of the north-eastern parts
        regions of Sri Lanka. The western and southern regions were under the Kotte
        Kingdom and the central hills were ruled by the Kandyan Kingdom. The
        Portuguese conquered the Jaffna Kingdom in 1619 and Kotte before that.
        They did not capture the Kandyan Kingdom. The Portuguese ruled their
        Tamil and Sinhala possessions separately, thus maintaining their separate
        identity. The
        Dutch captured the Portuguese possessions and the British who ousted the
        Dutch also ruled the Tamil regions and Sinhala regions separately. The
        British joined the territories of the Sinhalese and the Tamil kingdoms
        in 1833 on the recommendation of the Colebrook Commission. It was done
        for administrative convenience. 
 
 The
        British, when they granted independence to Sri Lanka in 1948, should
        have handed over to the Sinhalese and the Tamils their respective
        territories. They did not do it. They handed over the entire country to
        the Sinhalese and they, using their numerical majority, reduced the
        Tamil nation to the position of subject people. 
 
 
 
 Amirthalingam
        devoted the second part of his speech to sketching the nature and shape of
        the Tamil Eelam they proposed to establish. Its territory would be
        Northern and Eastern provinces. Tamil-speaking people living in the
        northern and eastern provinces would be the citizens of Tamil Eelam.
        Tamils living in any part of Sri Lanka and Tamils of Eelam origin living
        in any part of the world could opt for citizenship of Tamil Eelam.  
 
 He
        said Tamil Eelam would be a democratic state with decentralized
        administration where religious or territorial communities would be free
        of domination by others. It would be a secular, socialist state. Tamil
        would be the official language and the rights of the Sinhalese would be
        protected on a reciprocal basis with the Tamil-speaking minorities in the
        Sinhala State.  
 
 He
        vowed that an action plan to launch a struggle to win the sovereignty
        and freedom of the Tamil nation would be formulated soon and exhorted
        the youth to be ready for the freedom struggle.  
 
 Youths,
        who had gathered in great numbers, gave a full-throated response:   You
        are our commander, Announce
        the date of the freedom struggle.  We
        are ready to sacrifice our lives.   Emotion-chocked youths ran to the dais and carried Amirthalingam on their
        shoulders chanting, 
 
 You
        are our commander. Give us the order.   Pirapaharan,
        Uma Maheswaran and most of the leaders of the militant movements were
        present at the Vaddukoddai Convention. It was intended as a delegates
        conference of the TUF, but large crowds gathered. Processions went from
        many villages shouting slogans calling for Tamil Eelam. Guards placed at
        the gates were powerless to prevent the processions from entering the
        convention ground. They went round the grounds shouting, “We want Tamil
        Eelam. We are ready to sacrifice our lives to achieve it.” There was
        euphoria in the air. Jaffna had never witnessed such a scene before.   Amirthalingam
        announced that, in keeping with the resolution which had authorized the
        launching of the freedom struggle, the name of the party, Tamil United
        Front, would be changed to Tamil United Liberation Front (TULF). “We
        are now a liberation organization," Thalapathy Amirthalingam
        thundered. Youths, in an emotional upsurge, shouted back, “We are ready
        for the struggle. Launch it now.”   Youths
        expected the Action Committee to meet immediately and work out a plan to
        launch the freedom struggle. The Action Committee did meet and after a
        lengthy discussion decided to issue a leaflet explaining the Vaddukoddai
        Resolution and called upon the people to boycott the Republic Day
        celebrations. Youths were not pleased. Some youths went in a delegation
        and asked Amirthalingam: Is this the freedom struggle you promised?   “Be
        patient,” Amirthalingam told them. “We must first prepare the
        people.”   To
        prepare the people, Amirthalingam and four other Members of Parliament -
        V. N. Navaratnam, K. P. Ratnam. K. Thurairatnam and M.
        Sivasithamparam - distributed in Jaffna bus station on May 21 the leaflet
        calling the people to boycott the next day’s Republic Day celebrations.
        Police arrested them. Amirthalingam was taken to his home in Pannalai
        and his house searched.   The
        prime minister, Sirimavo Bandaranaike, and her government made the
        Vaddukoddai Resolution a national issue by accusing the TULF of trying
        to establish a separate state. The prime minister told a public meeting
        at Dambulla Maha Vidyalaya on May 23: The Federal Party has been
        campaigning for quite a long time for a separate state and on that
        pretext, they have been attempting to create disharmony in the country.
        I had to take the stern action to protect the Republican Constitution
        and maintain peace and harmony in the country.”   In
        an effort to divide the Tamils, the government released Sivasithamparam,
        a member of the All Ceylon Tamil Congress, and indicted the rest of
        those arrested before the
        High Court. The government also decided to try the four leaders at bar
        before three High Court judges instead of before a jury. This gave the TULF
        leaders an opportunity to exhibit the solidarity of the Tamil community
        and to challenge the legality of the Republican Constitution. A record
        61 lawyers, led by Queen’s Counsel G. G. Ponnambalam, appeared for the
        defendants.   By
        way of preliminary objection, the lawyers challenged the Emergency
        Regulations under which the four leaders were arrested and the
        Republican Constitution under which the court inquiring the case was
        constituted. They refused to plead to the charge and made a statement
        from the dock;   This
        court is constituted under a constitution which is not valid. I am not
        pleading guilty or not guilty to the charges.   Ponnambalam
        argued the first part of the preliminary objection he raised which said
        the Emergency Regulations under which the arrests were made were
        invalid. The argument was based on a technical error in the declaration
        of the state of emergency. Under the Soulbury Constitution, which was in
        effect until May 22, the decision whether the state of emergency existed
        in the country was to be made by the Governor General. Under the Republican
        Constitution which came into effect on May 22 the decision was the
        responsibility of the Prime Minister. Hence, the Emergency that was in
        force before May 22 lapsed on May 22 when the Republican Constitution
        was promulgated. All arrested under the Emergency Regulations declared
        before May 22 had to be released.   Tiruchelvam
        argued the second part of the preliminary objection which said the
        constitution under which the court was constituted was invalid. He based
        his arguments on two grounds. The first was that the Soulbury Constitution
        provided for amendments and not wholesale replacements. Attorney General
        Siva Pasupathy submitted that the government party, the United Front, had
        obtained a mandate from the people for the enactment of a new
        constitution. Tiruchelvam countered this by submitting that the
        replacement of the constitution was not a major campaign issue.   The
        second ground Tiruchelvam urged was more important. He said, even if the
        government had obtained a mandate from the people to replace the constitution,
        the mandate was from the Sinhala people and not from the Tamils. He submitted
        that the Tamil people constituted a separate nation and, since 1956, they had
        voted for a federal constitution.   The
        court held with Ponnambalam on the first objection. It ordered that the
        emergency regulations ceased to be in force on May 22 and the accused
        should be released. It made use of that order to wriggle out of the
        second objection concerning the validity of the constitution. It said
        since the emergency regulations under which the court was constituted was
        invalid, the court had no authority to make a ruling on the validity of the
        constitution.    This ‘wriggling out’ demonstrated the unwillingness of the judiciary to take bold decisions to safeguard the interests of the Tamil people. The decision by the 5-member bench of the Supreme Court headed by Chief Justice Victor Tennekoon on the appeal Attorney General filed against the High Court order on the emergency regulations added to the disillusion of the Tamil people about the judiciary. The Attorney General told the Supreme Court that that the High Court order would have far-reaching consequences as the security forces had taken action on the belief that the emergency regulations were valid. The Supreme Court overturned the High Court order to help the government.   The
        Trial at Bar and the appeal lasted until February 1977 and TULF leaders
        forgot about the freedom struggle. Not the militants. They were
        serious about the mandate. They were determined to launch the freedom
        struggle. They were making their own preparations; collecting money and
        arms, recruiting cadres and training them.    By
        the end of 1976, police searches for the militants had intensified.
        Kumarasuriyar was constantly nudging the police to root out the
        militants. He had secret planning sessions with Bastiampillai and
        Pathmanathan in his Wellawatte home. Militant groups found their
        movements restricted and Pirapaharan had to change his hideouts very
        often. The militants were thus forced to destroy the police network.    Pirapaharan
        was also keen to launch the freedom struggle. Though he was meeting
        Amirthalingam and V. N. Navaratnam and urging them to launch the freedom
        struggle, he was convinced that the TULF was not taking matters seriously. He
        readied the LTTE to take on the task. As an initial effort, he decided
        to undertake two efforts:   ·        
        To destroy the network of
        informants Inspectors Bastiampillai and Pathmanathan had assiduously
        built. ·        
        To kill the police officers
        investigating the Duraiappah murder and collecting information about
        militants.   He
        built an intelligence wing in the LTTE to collect information about
        police informants and investigators. He also incorporated intelligence-gathering as part of the training program for cadres. 
        Fresh recruits were used to gather intelligence before they were
        given their place in attack groups.   The
        first police informant Pirapaharan picked to kill was N. Nadarajah,
        owner of the Petrol station in Urumpirai and SLFP organizer. He was
        picked because he had passed information to the police about Sivakumaran.
        That was the first murder committed by the LTTE. Pirapaharan did not
        take part, but two of his colleagues went to Nadarajah’s house, called
        him out and gunned him down.   That
        set the scene for the year 1977, the year Tamil people ratified the
        Vaddukoddai Resolution and gave the TULF the people’s support to establish
        the separate state of Tamil Eelam.    Next: Chapter
        11: The Mandate Ratified Will be posted on: 
 
 Earlier Chapters: Introduction Part 1 Introduction Part 2 Chapter 1: Why didn’t he hit back? Chapter 2: Going in for a revolver Chapter 3: The Unexpected Explosion Chapter 4: Tamil Mood Toughens Chapter 5: Tamil Youths Turn Assertive Chapter 6: Birth of Tamil New Tigers  Chapter 7: The Cyanide Suicide Chapter 8: First Military Operation  Chapter 9. TNT matures to LTTE  
                       
   
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