Page 1
Tamil
WOXI No.2 ISSN 0265-4483 15 FE
O Peace Moves Amidst
Preparation for War
O UNP Gains Strength
by Defections from Opposition
eige Ε.Π.Ε.Η.Τ.Τ. Π.
O Elections in East Lanka
Ella Confrons Տել- (- ) - ղըր
Tami Na du Chile Mirister. Jaya la litha
 
 
 
 
 
 

| || ESCRITI
| IIII| . || ||||||||||||||||||||||||||||||||||||||||||||||||||| IEEE .EE Tח SA., , , , , , AICCIT IIs,
President D.B. Wijetunge
O Self Determination Issue Raised at UN
- Le liste Stor O Human Rights - US Report
IT
Ο Π.ΠΕΤΗ, π.
O Editoria: Politi GS
Devoid of Principle

Page 2
2 TAMIL TIMES
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15 FEBRUARY 1994
I do not agree with a word of what you say, but I'll defend to the death your right to say it.
– Voltaire,
ISSN 0266-4488
Vol.XII No.2 15 February 1994
Published by
TAM TIMES LTD P.Ο. ΒOX 121 SUTTON, SURREY SM13TD UNITED KINGOOM
Phone: 081-644 O972 Fax: 08-2414557
ANNUAL SUBSCRIPTION
UK/India/Sri Lanka............... E15/USS25 Australia.........
Views expressed by contributors are not necessarily those of the editor or publishers
The publishers assume no
responsibility for return of unsolicited manuscripts, photographs or artwork
CONTENTS
Peace Moves Amidst Preparation for War. . . . . . . . . . . . . . . . . . . . . . 4.
President Belittles Role of Minorities. . . . . . . . . . . . . . . . . . . 5
Bishops Call for Ceasefire. . . . . . . . 6 Mysterious Nomination. . . . . . . . . . 8
Electoral Gerrymandering in the East. . . . . . . . . . . . . . . . . . . . . . . . . 9
Tinkering with the Constitution. . ... 13 Mahathaya’s Fall —
the Inside Story. . . . . . . . . . . . . . . 15 Strategy for Negotiation and
a Political Solution. . . . . . . . . . . . . 18
Human Rights - US Report. . . . . . 21 Sub Continental Scene. . . . . . . . . 24
Readers Forum. . . . . . . . . . . . . . . 28
Classified. . . . . . . . . . . . . . . . . . . 30
POLITI
it has been sa (UNIP), a refere President Wijet unseemly deve refuge, where a types of politic patronage and Wijetunga is pr himself wants t
From the 195 the Sri Lanka F been the prim Bandaranalike was stripped President Jaya portfolio. Neith policy or princi political expedi Out any policy d
While being question. But ti belonged to th Sinhala-Buddh thOSe SLFP M. particularly folk Creating a unifi the disproportic Who said that a Wijetunga's Sri influence from
The Democ ill-fated impea charges again Dissanayake, v bribery, corrupt politica oppon important part nudali was as Ganini Dissan, After many mo, the DUNFprog in his campaign the allegations after Wijetunga Cabinet ministe, last Provincial (
Ronnie de M. over the years the post of A Jayawardene, leadership. It w President was instituted proce tion of public f described as a exile and spent
What these Lanka is devo personal or pol to achieve at a
Editor's Note: nOnth's editor Repression.
 
 

TAM TIMES 3
CS DEVOD OF PRINCPLE
id that these days all roads lead to the United National Party nce to the many defections from the opposition, to join the UNP, unga, the leader of the UNP, has sought to make a virtue of this lopment by saying that the UNP is like an 'ambalama', a public ill are welcome. Yes, the ruling UNP has become a refuge for all all wagrants and opportunists whose only ainn is to enjoy the benefits of being associated with a party in power. And Mr. spared to admit all of them to his political ambalama because he o continue to remain in power at all costs.
iOS, when the late Mr. S. W.R.D. Bandaranaike split from the UNP, reedom Party (SLFP) reflecting a left of centre policy stance, has any focal point of opposition to the right wing UNP. Anura (who once led the SLFP when his mother, Mrs. S. Bandaranaike of all her civic rights by the UNP government under former wardene, has joined the UNP having been offered a cabinet 2r the UNP nor Mr. Bandaranaike suffered any problems as to ple when they struck this alliance. The determining factor was 2ncy. In fact when Anura resigned from the SLFP, he did not set ifferences with the party, he departed to avoid disciplinary action.
in the SLFP, Anura was regarded as a 'moderate on the ethnic his did not prevent him having as his allies primarily those who le "Hela Urumaya' faction which was regarded as extremely ist in outlook and took a hardline on the ethnic question. Now Ps belonging to this faction are also expected to join the UNP Owing the recent speeches by President Wijetunga aimed at ed Sinhala-Buddhist constituency against what he described as inal influence wielded by the minorities. It was Thomas Jefferson civilised society is judged by the way it treats its minorities. But in Lanka the "majority race' must be strong and united to resist the nirhOrities
atic United National Front (DUNF) was formed following the chment motion against the late President Premadasa. The st Premadasa levelled by Lalith Athulathmudali and Gamini who later became the DUNF leaders, included abuse of power, ion, formation of death squads and Colluding in unlawful killings of ants etc. During this time Wijetunga, as Prime Minister, was an of the President's political entourage. But once Lalith Athulathsassinated followed soon after by the murder of Premadasa, ayake began making overtures with a view to joining the UNP. nths of political gymnastics, he has now joined the UNP ditching ramme and at the same time dumping many who had helped him against the UNP in the recent past. He appears to have forgotten he made against the UNP of abuse of power and corruption even became President under whom he now expects to become a r. The tens of thousands of people who voted for the DUNF at the Council elections naturally feel betrayed.
el has been changing parties from SLFP to UNP to SLFP to UNP like a yoyo. Having been credited with the distinction of holding Minister of Finance for the longest period under President he Crossed over to the SLFP when Premadasa assumed as not long ago that the UNP administration, while the present holding the posts of Prime Minister and Minister of Finance, edings in the courts against Ronnie de Melalleging misappropriaunds when he was Finance Minister. Unable to bear what he political vendetta and victimisation, Ronnie went into self imposed some years in the United Kingdom. Now he is back in the UNPl
unseemly developments represent is that politics today in Sri id of principle or policy, practised by opportunists without any itical scruple or morality, treating political parties as 'ambalamas' ll costs the benefits of power, influence and patronage.
Due to a printer's devil, there was an error in the title of last ial comment. The title should have read, "Retreating into

Page 4
4 TAMIL TIMES
Peace MOVes Amic Preparation for W.
by Rita Sebastian in Colombo
The intractable ethnic crisis in Sri Lanka which has been unresponsive to a variety of solutions, ranging from the All Party Conference (APC) and Indian mediation in the 1980s, not to speak of open warfre on the Liberation Tigers of Tamil Eelam (LTTE) by the IPKF, and former president Ranasinge Premadasa's doomed overtures in 19891990, now seems to be entering a new phase with hitherto overlooked groups coming into playing a prominent role.
There are also rumours of possible external mediation led by the United States of America.
In the last fortnight Catholic and other Christian Bishops have made trips to the north, described to be pastoral visits to give succour to their beleaguered Christian congregations.
Though these religious forays to the north have been critized by certain sections of the Sinhala Buddhist axis, which today dominates the southern political scene, it is generally accepted that certain influential figures within the government are determined to keep lines of communication open to the north, hoping that something will change from these contacts.
Much more significant however is the visit to Jaffna of Sarvodaya leader, A.T. Ariyaratne during the first week of February. Sarvodaya has a network of 13 registered centres in the Jaffna peninsula.
Mr. Ariyaratne who himself is a Buddhist, is reported to have brought back with him an audio cassette of LTTE leader Karikalan, the former eastern Batticaloa leader who is now LTTE supremo Vellupillai Prabhakaran's military commander in the north. ikalan is one of those who has risen to the top following the fall from grace of the former Tiger deputy leader Mahathaya.
It is presumed that under the present tightly controlled Prabhakaran dispensation in the north, Karikalan was acting as his 'master's voice”. Prabhakaran himself was said to be unwilling, as has been his usual practice, to make a direct p r op o sa l . D i mi n uti v e Mr. Ariyaratne is agog with excitement.
He feels he has others before him feels that the LTT wanting negotiatic much more fundan tion whether the l ing in a public r designed to win tim specially in the w, sentence on form Mahathaya, and al beleaguered people there appears to b ing for an end 1 bombing raids, ec and other privatio
Much more inter the reported visit Lanka of US officia reportedly to study first hand. The Cli tion is eager, it is fully fledged peace Lanka. Sri Lanka resisting internatic after the fiasco
For the first time in the Sri Lankan Hi the UK is making a woo the Tamils livir view to convincing t Commission belong and not necessarily only the majority S Among the Tamils, 70,000, living in t always been an in with some justifica Commission played and that the officia place were hostilet found it somewhat building even for They always boyco to which they were
Since the arrival tunga as High Com seem that a consci made to make frie influence them. Th missioner, it is sa expatriate Tamils have a significan helping to bring a settlement to the e Lanka. He has bee to meet and talk to nalities known in contrast to Preside

15 FEBRUARY y94
St
r
ucceeded where have failed. He E are genuine in ns. But what is ental is speculaTTE are indulgslations exercise e for themselves, ke of the death r deputy leader so to appease the of Jaffna where 2 growing yearno the war, the onomic blockade
LS. esting however is shortly to Sri l Robin Raphael, the situation at nton administrasaid, to begin a offensive in Sri which has been onal intervention of India's peace
efforts, is concerned that it may not be in a position to resist American intervention.
There are bound to be protests from the Buddhist clergy who see themselves as custodians of nationalist values in Sri Lanka.
Recently a columnist of the Colombo based Island newspaper bitterly criticized western envoys for their interfering interests in Sri Lankan politics. Any American intervention is likely to be chastised in the same fashion, although America may have more influence in the country, not enjoyed by the European community. . . .
It is not forgotten here that during the Presidential campaign, Clinton had betrayed his ignorance by saying that if Bush was elected President, the American economy would sink lower than that of Sri Lanka. It may have been a chance aside, but many Sri Lankans were hurt that their country was treated synonymously with economic failure. The question being asked therefore is how much credibility the author of such a quip can have as a mediator in the tangled crisis that
Wind of Change
a number of years, gh Commission in serious attempt to g in Britain with a hem that the High s to all Sri Lankans a spokespoint for inhala community. who number over he UK there has grained perception ;ion that the High a sectarian role s who manned the them. The Tamils uneasy to visit the official purposes. sted any functions invited. of Gen. Cyril Ranamissioner, it would bus effort is being nds of Tamils and e new High Comid, feels that the living in the UK role to play in bout a negotiated hnic conflict in Sri making an effort some Tamil persohe community. In t Wijetunga's talk
about "the war to eliminate terrorism', Ranatunga would appear to be placing emphasis on a negotiated peace' among all parties including the LTTE. Some of the recent sectarian statements by the President would seem to have made some officials of the High Commission engaged in this "bridgebuilding exercise distinctly uncomfortable.
The new approach was quite evident in the way in which this year's "Independence Day” (February 4) was celebrated by the High Commission on 4 February. Invitations were sent out to an unusually larger number of Tamils to participate in the evening function. Some Tamils, who in the past might have ignored such invitations, did in fact respond by attending the function even at the risk of running the gauntlet of a slogan-shouting picket organised by a Sri Lankan human rights group. The Trustee-Proprietor of a well known Hindu temple in London. Mr. Ratnasingham, participated in the raising of the National Flag ceremony in the morning on the same day. When one who was quite known in the London Tamil community was asked as to why this change of heart in attending the evening function said, “We cannot always talk about a negoti

Page 5
15 FEBRUARY 1994
has defied more knowledgeable mediators in the past.
Baulked in Kashmir by distinct Indian hostility to American meddlesomeness, America seems to be shifting to Sri Lanka. Sri Lanka dependent on American aid and trade largesse, is unlikely to resist American mediation with the defiance that India has. However there are many who believe that American interest in Sri Lanka's ethnic crisis is like American interest in northern Ireland or the Middle East, unlikely to be disinterested. How India, where the LTTE's top leaders are facing trial in absentia for the assassination of Rajiv Gandhi, will react to a peace process initiated by the USA in which the LTTE is expected to play a central role is a question that has to be addressed.
Amidst the talk of peace moves, there are reports that both sides, the military and the LTTE, are making preparations for a major offensive in the coming months, possibly in late March. The LTTE leader only recently declared 1994 as the year of battles'. In the meantime, purchases of military hardware and weaponry, war planes and gunboats for the armed forces are proceeding apace.
ated solution to our conflict by isolating ourselves and keeping away from the people with whom we have to negotiate. The government says it wants a negotiated solution. The Tigers also say that they want to talk to the government without any preconditions. We also want to help in this process.'
It looked as though Gen. Ranatunga's independence day message itself was indicative of a new wind that is blowing from 13 Hyde Park Gardens that houses the High Commission. It said, "Ours was once a peaceful country where people of all communities whichever the race, language or religion they belong to lived in perfect harmony respecting each other's political, religions and cultural identity. Regrettably we cannot boast of this today. It is one of those dark periods in the long history of our country. . . To us, at the Sri Lanka Mission, every Sri Lankan domiciled here whichever community he or she belongs to is a brother or a sister. We want everyone to feel that this Mission is his or her home. We are doing our best to render a helping hand to anyone who comes to us. I have no doubt that numerous Associations, Unions and Societies of Sri Lankans in th UK would assist us in building such a relationship.'
Role UNIP G
If one were to would appear th to the ruling U (UNP). In the la have been repo warts, as well a ing to the UT appear in the sti a beaming Pre, Wijetunga posin
The ball was Lanka Fredom F anaike. He resi and joined the U year. It was th catch. Anura is ter holding the p Higher Educatio followed Ronnie hailed as the isl Finance Minist swords with for singhe Premada over to the SLF electoral defeat, imposed exile in back in the UNP And also now some of his follo sanayake, one ol with former U. Athulathmudali motion against P
Expelled fron formed the Demo al Front (DUN with which the due solely to the ismatic Athulath ward plunge wit
The country's to change drama after Athulathm President Prema the victim of an
Events moved who was Prime the Presidential remesinghe wa Minister. The ci appear in the Dl lathmudali’s assa manifest itself b ing overtures to the Athulathmu DUNF vehement prochement with a question of t Diassanayake wa he belonged.
Dissanayake's has effectively position in the where, with DU

TAMIL TIMES 5
of Minorities Belittled as hins Strength by Defections
by Rita Sebastian
o by press reports it at all roads now lead nited National Party it several weeks there ts of opposition stalrank and file defectP. Photographs too te controlled media of ident Dingiri Banda g with the defectors. set rolling by the Sri arty’s Anura Bandargned from the SLFP NP at the end of last ruling party's prize now a Cabinet Minisortfolio of Minister of n. Close on his heels
de Mel, one time and's longest serving er. Having crossed mer President Ranasa, de Mel crossed P. Following SLFP's
he went into self
the UK. He is now fold.
back in the UNP with wers is Gamini Disf the chief architects NP Minister Lalith of the impeachment resident Premadasa.
n the party, they cratic United NationF). The momentum arty launched itself, efforts of the charmudali, took a down
his assassination.
political scenario was tically when shortly udali’s assassination, dasa himself became |ssassin.
quickly. Wijetunga Minister moved into eat and Ranil Wickappointed Prime acks that began to UNF following Athussination was soon to " Dissanayake makthe UNP, inspite of lali faction in the y opposing any raphe UNP. It was only me however before s back where he felt
return to the UNP hdermined the SLFP Provincial Councils "F support, the SLFP
led People's Alliance has been able to upstage the UNP in three of the 7 councils.
Perhaps it is the defections that has made President Wijetunga feel that the UNP, after 17 years in power, is now unshakeable. And that has given him the confidence to remind the Sri Lankan electorate that he regards the Sinhala Buddhist constituency as his primary constituency. Wijetunga has thus dismissed the minorities, both racial and religious, as playing no significant role in any election. This no doubt was what prompted him to propose an amendment to the constitution whereby the President will be elected by parliament.
Under the present French-style executive presidency, Wijetunga will have to face a nationwide election by December this year while parliamentary elections are due by February next year.
The President said in a recent speech that there was inherent danger in the possibility of having a President from one party and a parliament from an opposing party with the current dual elections scheme.
Wijetunga's United National Party (UNP), which has governed the country since 1977, will make its recommendations to amend the Constitution to a parliamentary committee headed by Prime Minister Ranil Wickremesinghe, the president said.
Any amendment to the constitution requires a two-thirds majority or a nationwide referendum. Wijetunga's UNP currently does not enjoy a twothirds majority in parliament, with 125 seats in the 225-member assembly.
The President argued that under the present system the majority Sinhalese community was polarised, giving a decisive vote to the minorities.
Under the island's second Republican Constitution J.R. Jayewardene was elected the country's first Executive President for a six-year term with the island turned into a single constituency for the Presidential poll.
The electoral system based on a single transferable vote was partly introduced to give leverage to the country's ethnic and religious minorities who comprise 34% of the vote.
Another reason for the initial proposal of a President directly elected by
Continued on page 6

Page 6
6 TAMIL TIMES
Bishops Call for Cea
A Roman Catholic church delegation led by the Colombo Archbishop Rt. Rev. Nicholas Marcus Fernando, the Bishop of Batticaloa and Trincomalee, Rt. Rev. Kingsley Swampillai and the President of the Conference of Major Religious Superiors, Rev. Fr. Alfred Alexander which visited the war-torn Jaffna peninsula from January 25 to 28 has called for a ceasefire in the fighting between government forces and the Tamil Tigers.
The call for a ceasefire came after the Bishops had talks with LTTE leaders including Tiger spokesman Anton Balasingham and had explored the possibility of resolving the conflict in a 'spirit of brotherhood and compassion'. "We wish both sides begin making some positive gestures', said a statement issued after the delegation returned to Colombo after their threeday visit.
During their stay in Jaffna, the religious leaders visited several places affected by the ongoing war, including the St. James Church which was severely damaged during a bombing raid by the Sri Lankan airforce in December last year. They also were allowed to visit and speak to police and army personnel kept in custody by the Tigers. The delegation was warmly welcomed by civilians, now on the verge of despair, fearing that no early solution can be found to the chaos and violence which surrounds them. They also par
ticipated in se monies and pray It is learnt tha given the oppor Tiger leader M Although detai between the oth the Bishops hav the public. It i would have br Prime Minister mander Lt. Gen. they met after ombo.
According to Anton Balasing LTTE had told they were prepa the government were awaiting g He had said th longer insisting and would accep a unitary frame government to the Jaffna pen gesture toward promised that th captured policen government lift transport of pr north.
The church de the President, P Army Command an apparent kee talks. Reflecting
Continued from page 5
the people was to make it necessary for a Presidential candidate to adopt a pluralistic electoral strategy and woo the minorities. The minorities also had the assurance that a President who had to woo them would address their grievances, and more significantly be above ethnic and religious prejudice. This was one of the main reasons that endeared President Premadasa to the minorities, who showed he was above ethnic prejudice.
Wijetunga however, is quite explicit that he is no longer going to allow the minorities to exercise such electoral influence. He seems to disregard the fact that the Ceylon Workers Congress (CWC), the powerful plantation trade union led by Minister S.Thondaman, has been an important vote bank for the UNP and has greatly contributed to the UNP's success at the polls.
Wijetunga's proposal has come
under fire from the opposition and it is unlikely the ruling party will be able
to get a two thir see the amen SLFP that is Bandaranaike a poll, is oppose proposed by the feels that it has candidate and poll will be able in her favour.
The Presiden public utterance ities. The mino ding a sharing o cial and nationa
OVES 8S 8 E diminish their r What Presiden feel is that he Sinhala commu ity votes he wol public posturing
Political anal convinced that arithmetic corr ern vote remain loses the mino place its re-ele

15 FEBRUARY 1994
Gefire
eral religious cereBerS.
the Bishops were not unity of meeting the r. V. Prabhakaran. s of the discussions er Tiger leaders and : not been released to ; believed that they efed the President, and the Army ComGerry de Silva whom their return to Col
eports from Colombo, ham on behalf of the
the delegation that red to begin talks with
unconditionally and overnment proposals. at the LTTE was no
on a separate state it a settlement within work. He called on the restore electricity to insula as a goodwill is normalcy. He had e LTTE would release hen and soldiers if the ed the ban on the phibited items to the
legation after meeting rime Ministerand the ler said that they saw nness on all sides for a significant change
is majority required to ment through. The fielding Mrs. Sirima t the next Presidential to the amendment President because, it the more charismatic at a popular national to sway the electorate
t has by his recent salienated the minorities who are demanpowerboth at provinlevel see Wijetunga's ttempt to dilute and ble in national politics.
Wijetunga seems to will receive from the hity whatever minorld lose by this kind of
rsts however are not Wijetunga has done his ctly. With the southng divided, if the UNP ity vote it could well .ion in jeopardy.
in the government's stance, the Army Commander Gerry de Silva is reported to have said that LTTE did not have to lay down arms as a condition for talks with the government.
Subsequent to the visit by the Catholic delegation, Anglican Bishop of Colombo, Rt.Rev. Kenneth Fernando has also left for Jaffna on another peace mission. It will be recalled that Bishop Fernando visited Jaffna in January last year on a similar mission.
CWC Dispute Continues
Gamini Dissanayake, who took over the leadership of the Democratic United National Front (DUNF) following the assassination of Lalith Athulathmudali, is happily back in the United National Party (UNP) with many of his followers including the Front's General Secretary G.M. Premachandra. Cabinet Minister and President of the Ceylon Workers Congress (CWC), S. Thondaman, has welcomed Mr. Dissanayake’s move. However the troubles which originated within the leadership of the CWC with Mr. Thondaman's unilateral decision to support Mr. Dissanayake's bid to become Chief Minister of the Central Provincial Council by supporting a no-confidence motion against the UNP's Chief Minister stil persist.
Mr. Thondaman's decision to support Mr. Dissanayake's bid was at a time when the former was engaged in a game of brinkmanship with President Wijetunga over some demands purely relating to plantation workers. State Minister and General Secretary of the CWC, Mr. Sellasamy and some of his close associates including eight Members of the Central Provincial Council did not see any merit in Thondaman's action in supporting Gamini Dissanayake to become Chief Minister. Way back in the late 1970s, it was Mr. Dissanayake along with Mr. Cyril Mathew who formed the Lanka Jathika Estate Workers Union (LJEWU) as a rival to the CWC. Poaching of CWC members by Dissanayake and Co., to join the LJEWU led to violent confrontations and clashes between the two Unions. Plantation workers have not forgotten the role played by Mr. Dissanayake, then a cabinet Minister under President Jayawardene, during the July 1983 communal attacks in the Kandy aea.
The hitherto unchallenged President of the CWC was furious when 8 of the 15 PC Members belonging to the CWC failed to turn up to the Council

Page 7
15 FEBRUARY 1994
meeting at which the no-confidence motion was to be taken up, thereby flouting Mr. Thondaman's decision. There was no doubt that Mr. Sellasamy had colluded with the 8 rebel members and Mr. Thondaman knew that his General Secretary was behind their action.
What followed was a well publicised dispute which is now being fought in the courts. At a meeting of the National Council of the CWC presided over by Mr. Thondaman, Mr. Sellasamy and the 8 rebels were suspended, and Mr. Sellasamy was prevented from entering the CWC headquarters to carry out his functions as General Secretary. This action prompted the rebels to go public with accusations that Mr.Thondaman was grooming his grandson. Mr. Arumugam who is the Officiating Finance Secretary, to succeed to the leadership of the CWC. There were also accusations of misapppropriation of CWC's finances.
Mr. Sellasamy did not meekly submit to the action taken against him. He applied to court and obtained an order against the National Council's decision prohibiting him from entering the CWC office to carry out his functions. He also obtained an interim injunction restraining Mr. Thondaman or any other person from convening, conducting or participating in any meeting of the National Council or Executive Council until final determination by court.
Many well-wishers of the CWC have made several attempts to bring about a rapprochement between the two factions without much success so far. Having initially encouraged the split and sided with Mr. Sellasamy, the UNP leadership - Prime Minister Ranil Wickremasinghe and UNP's General Secretary Sirisena Cooray including - has of late been involved in behind the scene moves at bridgebuilding between the factions. It is learnt that following discussions, State Minister for Hindu and Religious Affairs P.P. Devarajah had taken the rebels to meet Mr. T and made them to apologise to their leader and ask for his forgiveness.
However, Mr. T is not satisfied He wants the rebels to withdraw the court action and the interim injunction, and thereafter Mr. Sellasamy and others should appear before the National Council and ask for his pardon in public. But the rebels insist that before the court action is withdrawn, their suspension should be rescinded. The : - ional dispute therefore continues.
Self-D
Seventeen Nonnisations have the right of the of Sri Lanka to s ing the ongoing United Nations man Rights.
In a joint state Commission, the view that the Se UN should consi offices with the the establishme island of Sri Lan the existence oft the North-East ognition for the people to freely d all status.
The NGOs, wh Council of Chur ciation of Jur League for the F of Peoples, Inter Development Inc ciation for World Indian Treaty Co the Defence of Centre Europe-T joint submission
“The armed col Sri Lanka and 1 tions of humani deep and grave 1987, the Commi on Sri Lanka call the armed confl respect fully the rules of humanit,
"Six years later the 49th Session 15 non governme a joint statement declared that th need for the inte to recognise that of the North an were a people wi choose their politi er that such "re pare the ground | conflict which ha toll in human liv ing the past seve
“However, toda economic blocka Tamil homeland civilians continu indiscriminate a bombardment by forces. The attack land have been clared opposition Government to

TAMIL TIMES 7
MMISSION ON HUMANRIGHTS
etermination issue Raised
Governmental Orgaaised the question of amil speaking people 'elf-determination durFiftieth Session of the Commission on Hu
ment presented at the
NGOs express their cretary General of the der invoking his good uim of contributing to nt of peace in the ka through respect for he Tamil homeland in of the island and rec
right of the Tamil etermine their politic
ich include the World ches, American Assoists, International tights and Liberation national Educational ., International AssoPeace, International uncil, Commission for Human Rights, and Tiers Monde, in their stated:
nflict in the island of the continuing violatarian law cause us
concern. In March ission in a Resolution ed upon all parties to ict in the island to universally accepted arian law.
in February 1993, at of the Commission, ntal organisations in under agenda item 9 ere was an "urgent rnational community the Tamil population i East of the island th the right to freely cal status” and furthzognition would preor the resolution of a l taken such a heavy es and suffering durral years.” y, an year later, the le imposed on the continues and Tamil e to be subject to erial and artillery the Sri Lanka armed s on the Tamil homeoupled with the deof the Sri Lankan the merger of the
North and East of the island into a single administrative and political unit. After more than two years of deliberations, the Parliamentary Select Committee mechanism has failed to resolve the conflict and in August 1993, Sri Lanka rejected a peace initiative submitted by four Nobel Laureates.
"Furthermore, the President of Sri Lanka has declared in recent months, on more than one occasion, that there is no "ethnic problem” in the island, but that there is only a "terrorist problem". It is our view that the peaceful and just resolution of the conflict in the island will not be furthered by a blanket categorisation of the armed resistance of the Tamil people which arose in response to decades of oppressive alien Sinhala rule as "terrorism". It is also our view that there is a need to recognise that the deep divisions between the Sri Lanka government and the Tamil people cannot be resolved by the use of force against Tamil resistance.
"The Tamil population in the North and East of the island, who have lived from ancient times within relatively well defined geographical boundaries in the north and east of the island, share an ancient heritage, a vibrant culture, and a living language which traces its origins to more than 2500 years ago.
"The 1879 minute of Sir Hugh Cleghorn, the British Colonial Secretary makes it abundantly clear that:
"Two different nations, from a very ancient period, have divided between them the possession of the Island: the Sinhalese inhabiting the interior in its Southern and western parts from the river Walloue to Chilaw, and the Malabars (Tamils) who possess the Northern and Eastern Districts, These two nations differ entirely in their religion, language and manners.” "Before the advent of the British in 1833, separate kingdoms existed for the Tamil areas and for the Sinhala areas in the island. The Tamil people and the Sinhala people were brought within the confines of one state for the first time by the British in 1833. After. the departure of the British in 1948, an alien Sinhala people speaking a language different to that of the Tamils and claiming a separate and distinct heritage has persistently de
Continued on page 8

Page 8
8 TAMIL TIMES
Continued from page 7
nied the rights and fundamental freedoms of the Tamil people. It was an alien Sinhala domination which found expression in the disenfranchisement of the plantation Tamils, the enactment of the Sinhala Only law, discriminatory employment policies, inequitable allocation of resources to Tamil areas, exclusion of eligible Tamil students from Universities and highereducation and in genocidal pogroms in 1958, 1977 and again in 1983. At the same time systematic state aided Sinhala colonisation attempted to render the Tamil people a subject minority in parts of their own homeland. In 1946, there were 23,400 Sinhalese in the Eastern Province constituting 8.4% of the population. By 1981 this number had increased tenfold to 234,000 and constituted 25% of the population of the Eastern Province.
A social group, which shares objective elements such as a common language and which has acquired a subjective political consciousness of oneness, by its life within a relatively well defined territory, and by its struggle against alien domination, clearly constitutes a "people” with the right to self-determination and in our view, the
Who included the name of army man, retired Brigadier Daya Weerasekera, to be part of the Sri Lankan government's delegation to the presently ongoing session of the UN Commission on Human Rights in Geneva, Switzerland? Neither the Army Headquarters nor the Defence Ministry did, and both have specifically denied doing so.
Among names comprising the delegation prepared by the Foreign Ministry, the retired Brigadier's name had been listed simply as "Mr. Wijesekera’ with an invented designation given as “Director of Human Rights, Ministry of Justice'. There is no such post in existence in the Ministry of Justice
Whoever who was responsible for this mysterious inclusion of Mr. Wijesekera went one step further to find a place for him in the delegation. The name of Senior State Counsel, Mr. Nihara Rodrigo of the Attorney General's Department who has been a member of Sri Lanka's delegation for the last several years had been dropped
Tamil population the island are suc
"It is also our v ary General shou his good offices wi buting to the estal the island of Sri spect for the exis homeland in the island of Sri Lank the right of the T. determine their pt
The Internatio velopment Inc., i. said, that they h the events of the which a number become independe tions of their pec self-determinati Croatia, Sloveni claimed the determination an won independenc states and former as member states tions. Western Sae are moving toward determination. Ir peoples of other Belgium, Korea among others - goals.
Mysterious Nominatio
from the list.
Brigadier Wijes pay and pension was previously media relations : banded Joint O mand, and subse Director of Psyc tions. It is wonder who wanted the to go to Geneva fe a need to carry ou gical operations a gates attending t sions.
The plan had l jesekera, who v seminar represent an army at Bang Geneva direct fro plan fell through jetunga's interve unhappy Senior S was dropped tol Attorney Genera member of Sri La The President ha quiry into the m jesekera’s nomina

15 FEBRUARY 1994
of the north-east of
a "people". ew that the Secretd consider invoking h the aim of contrilishment of peace in Lanka through retence of the Tamil NorthEast of the and recognition for mil people to freely litical status.'
al Educational Detheir intervention ave "closely followed past several years in of new states have nt due to the aspiraple to realise their in. The people of a and Macedonia right to selfd then sought and 2, joining the Baltic states of the USSR
· of the United Nahara and Palestine ls realization of selfearlier years the
states - Norway, , Austria, Poland achieved the same
n
ekara, who is on after retirement, responsible for at the now disperations Com*quently became hological Operaed whether those retired Brigadier lt that there was it some psycholomong other delehe UNCHR ses
been for Mr. Witas attending a ing the Sri LankKok, to proceed to m there. But the by President Wintion when the tate Counsel who d his boss, the who is also a nka's delegation. s ordered an instery of Mr. Wition.
"All people have the rights to selfdetermination” declare the two covenants of international human rights law. Our organization would like to emphasize the word ALL. This word does not mean that only certain peoples, such as those who are favorites of one government or another, have the right. This word does not mean that only white, Eastern Europeans have the right. This word does not mean that only those who fight for the right or only those that do not fight for the right have it. The word all means all. In the words of legal scholar Professor Chen, the right to self-determination is "deeply rooted in the concept of human dignity." He maintains that self-determination has as its heart the peoples' wish to be "active agents of their own history". Self-determination is the other side of the coin of democracy The International Court of Justice, in its Western Sahara Case (I.C.J. Reports 1975) identified the elements of "people": subjective and objective national identification with a relationship to identifiable territory.
Regardless of the high esteem that the international community has afforded the right to selfdetermination in international instruments, the same international community has been reluctant to apply the principle or, most appallingly, has applied it in a biased way. One claim is that self-determination threatens territorial integrity which should always be paramount. We agree with Elena Bonner, widow of Andrei Sakharov that the principle of territorial integrity should never be used to justify fraudulent territorial claims or to suppress the legitimate demands of an indigenous population. Regrettably, some misguided or biased persons and governments also refer to peoples who aspire to self-determination as “unreasonable" as if they should accept less than their full rights. Some of these same persons speak of those who assume leadership positions among their people as "ethnic entrepreneurs” - an inflammatory and prejudiced characterization certain to lead to more difficulties among peoples. Surely no one would refer to Mazzini, George Lazar, Koscuisko, or the royal families of various countries as "ethnic entrepreneurs.”
The situation in Sri Lanka is one that has suffered greatly from biased and discriminatory treatment. In fact, the Tamils themselves - the victims - have been accused of being unreasonable and falling under the sway of ethnic entrepreneurs.'

Page 9
15 FEBRUARY 1994
Electoral Gerrymandering in
Aim: North-East Br
by our Special Correspondent
The eastern command of the Sri Lankan army and the United National Party consider the forthcoming local government polls in the east important for enhancing their credibility in the south, and with the international community. The UNP which under the leadership of President D.B. Wijetunge is endeavouring to stir nationalist sentiments among the Sinhalese in order to secure their consolidated vote at the forthcoming Presidential election, is under great compulsion to show that it is making some progress in winning the war in the northeast - to match its militant rhetoric with at least one substantial deed.
Speaking at the opening of Wembiwatte Development Project at Udunuwara on 6 February, the President said: 'A divided majority community could spell the doom of a nation and lead to the loss of the country. In such an eventuality we (read Sinhala Buddhists) all will have no alternative but to jump into the sea'. The President's Anuradhapura speech made a week earlier was similarly aimed at appealing to the majoritarian passions of the Sinhala voters whose unified electoral strength has become the most valued commodity in the UNP's eyes after it debunked Premadasa's formula which had sought to achieve victory by ensuring bloc minority votes in the context of a divided Sinhala vote.
Central to the UNP's present stand is the question of Eelam War Two. There is general satisfaction among a section of the Sinhala press and middle class that D.B., unlike his predecessors, has brought Thondaman to heel and is truly committed to the political welfare of the majority. However, the government's inability to prevent further military debacles in the north this year which is election year for the UNP and “the year of battles' for the LTTE, can become a major handicap for D.B. and his men as election day approaches. This is felt acutely by UNP strategists in view of the fact that the Presidential election has to be held in all provinces of the country for it to be valid.
The northern province, with the exception of the now sparsely populated Mannar island, Kayts and Karainagar, is under LTTE's total control. The UNP cannot explain this
to the Sinhala nat at this critical jul postponing the
which are due in
fully aware that immediately poun cry foul at the go the UNP of deli the army's effor north with a viev election in order ti illegally. All this s for the governme most military inte the north are said major LTTE offen
It is under these the government a the army's pacifi east quite attracti this plan was to ho elections in the ea was expected to fi reduction of regul region enabling th major operations the government m population centres trol in time for tl This of course loc although no one clear idea how in successful conduct ment polls in the e be directly conduc al of troops from t ment in the northe tions. But easter Gen. Lucky Alga confidently in a quoted in the p) elections were h influence the LTT would soon be a tl that life would ret
The prestige of and that of its e particular is at st mand could not le there were certai where it was not people to participa election. The gove brass of the army ed and alarmed that in two place assumed by the brought under the the elite commar Task Force, Alaya divembu in part of the Ampal

TAMIL TIMES 9
the East eakup
ionalists and masses ncture as reason for
Presidential polls December. They are
the opposition can ce on the matter and Ivernment, accusing oerately sabotaging is at retaking the v to postponing the operpetuate its rule pells serious trouble ent especially when ligence reports from to indicate another sive.
circumstances that ppears to have found cation plan for the ve. The first step in old local government st which if successful acilitate the gradual ar troops from that e army to undertake in the north so that lay have a few vital ; there under its conhe Presidential poll. ked good on paper, seemed to have a concrete terms the of the local governlast could ultimately ive to the withdrawhe east for redeployèrn theatre ofoperan commander Maj. lma declared quite recent statement ess that once the eld even the little E had in the region ning of the past and urn to normal.
the army in general astern command in ake. The high comt the world see that h areas in the east possible to persuade te voluntarily in this rnment and the top were equally shockwhen it transpired is which were long em to have been complete control of dos of the Special Thiruko vil and
the southeastern ra district, no one —
including the former UNP organizer and senior politician of the area "chairman' Dharmalingam was ready or willing to contest the Pradeshiya Sabha election on behalf of any party. The UNP had been so sure of the STF's performance in the area that it frequently suggested to many western envoys based in Colombo to go and see for themselves the excellent manner in which normalcy had been restored in the Tamil areas of the Ampara district by the STF - not failing in the process to impress upon them that if ample resources could be made available for the type of counter insurgency practised by the STF in addition to international support for pacification programmes in such areas the LTTE menace could be wiped out rapidly and systematically.
A similar situation arose in Karaithivu as well where the village as a whole was on the verge of boycotting the elections to register their protest against the failure of the government to grant their long standing demand for a separate Tamil Pradeshiya Sabha (the village which was twice affected by Tamil Muslim clashes sandwiched as it is between two Muslim villages is presently part of the Muslim dominated Ninthavur P.S.).
The STF averted a great embarrassment in Thirukovil and Alayadivembu by quickly drawing up a nomination list comprising three LTTE surrendees and six suspected LTTE sympathisers who after their release from custody were regularly reporting to the STF commandante, and three young men who had at one time or the other been associated with the non-LTTE groups. The leading candidate of this group is “Ram” known as Pathman in the village, a boy aged 19 who had returned from Madras three months earlier. He had been an EPRLF helper' during the brief period in which the ill-fated Tamil National Army (TNA), was stationed in Thirukovil and had fled to India with the EPRLF in 1990. The STF has now provided him with two bodyguards and a vehicle for him to travel about. He says that the STF has promised him victory and a substantial stipend.
The government also acted on its own meanwhile and compelled the EPDP leader Douglas Devananda to field some candidates in this area - which he promptly did. But the EPDP also had to fill the nomination list with the names of its own cadres. The army was also worried when it appeared that no one was in a hurry to file nomination papers in Batticaloa and
Continued on page 10

Page 10
10 TAMIL TIMES
Continued from page 9
the Tamil majority areas of Trincomalee. The TELO, PLOTE, EPDP and that section of the EROS in the east which had rejected the group's leadership in Colombo were actually having a hard time coming up with a list of credible candidates and as a result have been compelled to delay their nominations until the last day.
The army however was not prepared to take any chances. It knew that the credibility of the whole exercise would be in jeopardy if only the UNP were to file nominations in the Tamil dominated areas of Trincomalee and Batticaloa districts. The military intelligence unit which is located at the prison building in the Batticaloa town under the command of Major Zacky' promptly prepared nomination lists for the Batticaloa Municipal Council, Koralai Patthu north P.S. (Vakarai), Koralai Patthu P.S. (Valaichenai), Chenkaladi P.S., Manmunai Pathu P.S., Kaluwanchikudi P.S., Vellaweli P.S., Pattipalai P.S. and Vavunathivu P.S. In each of these areas the independents' contesting, having been put up by the army, are generally referred to as the 'A' group.
In the Batticaloa Municipal Council the independent group nominated by the army is led by R. Raghavana, an LTTE surrendee who had been a Tiger tax collector in the Paduvankarai region west of Batticaloa before he surrendered to the military intelligence unit in the Batticaloa prison. The LTTE has claimed that he escaped to the army's side while he was under investigation for embezzling their monies. The other LTTE surrendees who are 'contesting on behalf of the army are relatively unknown, being very young and new to the areas in which they are 'contesting. As in Thirukovil some individuals who had little to do with politics ever in their past have also been forced by the army to sign on nomination lists. Korala Patthu north (Vakarai) is one area where the army could not come up with many LTTE surrendees; hence the 'A' group here comprises largely innocent individuals who were thus forced to sign up.
Although the army has given protection to all such candidates, many of them have gone directly or sent close relatives to LTTE base areas in the hinterland to explain their predicament and thereby to seek assurance that they would be spared of punishment. The LTTE however, contrary to the general expectation that it would do everything in its capacity to disrupt the elections, is playing it cool as it were. Almost all candidates who directly or indirectly approached the
Tigers to seeks both have been command hasn't on the matter frc in Jaffna. Howev candidates in V caloa who had lighter vein by mander: "We do yet about the pol of you can tak wasting your tim one person was the LTTE at Sit loa – Valachon. before the nom There were con the incident and certainty wheth do with the elect ment in Battica shooting inciden mayoral candida to be a farce.
Some candidat the UNP list ar cultivate the il have the LTTE'. they are doing. T date for the Council, Mr. M. at home without tion saying that from the boys' f anyone. He argu branch of the UN treasurer - hac objected to its Colombo that col able at all to h polls in the distr “it was the TU Pararajasinghar government to has a clipping f hand in which appeared). Ther Pathmanathan’ Easwaran who Batticaloa brar expressed his di ty leadership's with the polls Batticaloa.
There appear between the Ta bers of the UN over the allocat which has been mittee's chief The initial reli Tamil organize participating il crisis for the p. ombo which ) nominations wi military intell Zacky was put however, he which operates

15 FEBRUARY 1994
inction or pardon or
told that the local received any orders in their headquarters r in the case of three karai north of Battibeen informed in a he local Tiger comot have any orders as s. But if we do get, all
poison rather than 2 coming to me'. Only legedly shot dead by andy on the Batticai Road, a few days inations were filed. licting reports about no one could say with r it had anything to ons. The brief exciteloa over an alleged , in front of the UNP te’s house transpired
es, including those on e apparently keen to mpression that they agreement for what The UNP’s chief candiBatticaloa Municipal Pathmanathan stays police or army proteche has nothing to fear or he has not betrayed es that the Batticaloa NP- of which he is the l in fact vehemently party leadership in hditions were not suitold local government ict. Yet, he points out, LF M.P., Mr. Joseph a who called on the hold this election', (he om the Virakesari at Joseph's statement 2 is some truth to Mr. claim in that Mr. s the secretary to the ch of the UNP has pleasure with his pardecision to go ahead y keeping away from
to be some acrimony mil and Muslim memP's district committee on of campaign funds entrusted to the comMr. Rizvi Sinnalebbe. ctance of the UNP's s in Batticaloa about
the polls created a rty leadership in Colad to somehow file hout delay. Again the fence unit of Major on the job. This time sked Mohan’s group inder him to assist the
UNP in the Tamil majority areas of the district. Thus many leaders of this group such as Selva of Cheddipalayam and Rangan' are contesting as UNP candidates. But Mohan himself has shrewdly avoided being made a candidate although he regularly visits Mr. Pathmanathan to discuss party "work'. (Human rights groups have claimed that Mohan and the former military intelligence chief for Batticaloa, "Captain Munaz' were responsible for many gross violations in this district).
The majority of the candidates put on the UNP list by "Major Zacky' and Mohan believe that even if they lose the election the government would suitably compensate them by helping them go abroad or settle comfortably in the south. But all of them, particularly in the hinterland Pradheshiya Zabhas are convinced that the army and the STF would somehow help them win. In areas such as Cheddipalayam, Puthukudi Iruppu, Mankadu and Kaluthavalai on the BattiKalmunai Road the STF and police have informed people during 'round up' operations that voting for the UNP would ensure peaceful coexistence'. The UNP pamphlets for this area were collected from the printer in Batticaloa town by the police whereas no printer was ready to undertake work for the TELO-PLOTE independent group and the EROS. However in some remote areas the local commanders have informed the people and all candidates that they would not take anyone's side but would only ensure security and see that everyone turned up for voting. The Police it appears is more likely to work for the UNP given the fact that the person in charge of security in the Batticaloa and Amparai districts is senior Superintendent of Police Mr. Majeed (formerly of the National Intelligence Bureau - NIB), who is also a leading member of the UNP in the eastern province and who contested the last general election in the Amparai district on the UNP ticket.
All this has further exacerbated the relations between the government and some minority parties which had been close to Premadasa. Things started turning quite sour when D.B. kept harping on the insidious refu ..n that there is no ethnic problem and chose to ignore the role of these parties in national politics. Things came to a head with the President’s Anuradhapura speech in which he made it clear that the minorities should not be allowed to have a decisive political clout in the national electorate to the detriment of the Sinhala majority. This provoked angry retorts first from Mr. Kumar Ponnambalam and later from the Vice President of the PLOT's

Page 11
15 FEBRUARY 1994
political wing - DPLF, Mr. Karavai Kandasamy. The speech perturbed not only the Colombo based Tamil parties but jolted many Muslims as well.
That the UNP under the leadership of President D.B. Wijetunge has completely alienated and antagonised all the minority political parties and groups, the friendship and loyalty of which had been carefully cultivated by President Premadasa, is quite evident in the current propaganda of the SLMC, PLOTE, EROS and TELO at the local government polls. (The EPDP, for reasons best known to its leader Mr. Douglas Devananda has not uttered a word against the UNP thus far). An SLMC pamphlet issued in Kalmunai says: “the Sinhala chauvinist hordes scream on one side that there won’t be Eelam nor federalism and that the east should be separated from the north. The UNP and the SLFP are united in their desire and slogan that the east should be prised from the north, and are attempting to oppress the aspirations and feelings of the minorities.' The SLMC also warned Tamils that the struggles of their leaders since 1956 and the sacrifices made by their militant youth in the last fifteen years will be made meaningless if they vote for the "chauvinist UNP and SLFP'. And in Batticaloa as the days go by the antiUNP propaganda of the TELOPLOTE combine which has fielded candidates for all the local bodies in the district, is assuming increasing virulence.
Govindan Karunakaran-Jana, MP for Batticaloa turned hostile to the ruling party after an incident at the Batticaloa kachcheri in which he had a heated exchange with Sirisena Cooray, UNP's General Secretary, over the latter's demand that the TELO) should contest on the UNPos amalgamated list. Jana who voted with the government on the emergency as a matter of routine in the past, accused the UNP in parliament of indulging in dire election malpractices in Batticaloa with the assistance of the security forces and following this he voted against the government on the extension of the emergency.
A pamphlet issued by the independent group backed by TELO and PLOTE says: “The evil and deceit perpetrated by the government on the eastern Tamil is great. It has imposed another problem on the Tamils of Batticaloa who have been exhausted thus, in the form of an election. In this election the only question before us is whether what is going on is a terrorist problem or an ethnic conflict? The i.ernment leadership is trying to fool - - by saying that there is no ethnic
problem but only . . . .let us make tear apart the g facade to show th also quotes a v which it is said: "l do evil when you trample them, si (read UNP).
A pamphlet by led by one Prabh similar tone. (Al leadership disowr says that he ente. blessings of the o) based leader Sha his election funds another EROS leae in London).
What is more s. of the participant: thought to the pos government elect be the noose give ernment to han noose will tighten and when the go hold the referend east from the nor so? This election basis of the electo prepared from th ried out in the ea war was being fo tensity in that pri this register reflec raphic engineerin place under the g erations with the night an overwhel ity in the eastern of Tamils who w from their tradit thousands of Tam and the north thousands of in Tamils have del cluded from this thereby depriving vote. At the sam dred thousand S brought into the have been to a voters. In some thousands of Sir where have also vote - one in their east – adding grea 'ghost voters at UNP and the gove government holds the basis of this will get a comfc favour of separatil north.
By contesting th polls on this regist will sanction its va will enable the go its case with the

a terrorist problemse of this election to vernment's terrorist e world the truth.' It rse by Barathy in Do not fear those who see them, attack and itting on their face'
the Batticaloa EROS haran also adopts a hough the Colombo s him, Prabhaharan ed the fray with the ganisation's Madras nkar Raji and that
are from “Haran” – der who is said to be
gnificant is that few have paused to give sibility that the local ons in the east may in them by the govg themselves. The and seal their fate if vernment decides to um to separate the th. Why should it be is being held on the ral register for 1993 e enumeration carst in 1992 when the ught with great inovince. And as such :ts the gross demogg that was taking uise of military opaim of creating overming Sinhala majorprovince. Thousands ere forcibly evicted ional homegrounds, ils who fled to India as refugees and ternally displaced iberately been exelectoral register, them of the right to time several hunnhalese who were last from the south man registered as instances many halese living elseeen given a double area and one in the ly to the number of he disposal of the rnment. Now if the the referendum on lectoral register it table majority in g the east from the
e local government r, the Tamil groups idity, which in turn vernment to argue international com
TAMIL TIMES 11
munity that the result of the referendum is derived from a premise (the register) legitimised at the local government elections by the Tamils themselves. Then it would transpire that the Tamil groups which participated in this local government election have been the unwitting instruments of destroying the unity of the Tamil homeland and making the eastern Tamils a hapless and dwindling minority on their own soil.
Control of NGO's under Emergency laws
In the wake of the submission of the Report by the Presidential Commission of Inquiry on Non-Governmental Organisations appointed by former President R. Premadasa, the Government has swiftly moved to control NGOs and their activities using emergency powers under the Public Security Ordinance.
On 22 December, President D.B. Wijetunga promulgated emergency regulations providing for wideranging controls over NGOs. Among other matters, the regulations provide for the compulsory registration and monitoring of the activities of NGOs which are in receipt of money, goods and services in excess of Rs.50,000 per year, and for the monitoring of NGO receipts and disbursements for money, goods and services in excess of Rs.100,000 a year.
The NGO community in Sri Lanka and their partners abroad were completely taken by surprise at the government's action in using emergency powers to control NGOs even prior to the publication of the Commission's report and subjecting it to public consultation and debate and without following the normal course of enacting legislation if it wanted to implement the Commission's recommendations. The government's excuse for having had recourse to emergency powers is that preparing and enacting legislation would take a long time.
The NGO Commission in its report had recommended enactment of legislation to cover compulsory registration, monitoring of foreign funding, appointment of a Commissioner of NGOs, establishment of a secretariat, establishment of a NGO Fund and necessary co-ordinating machinery at different levels of government.
The emergency regulations require NGOs to register with the Director of
Continued on page 33

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12 TAMIL TIMES
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15 FEBRUARY 1994
Tinkering with the Con
by Professor A. Jeyaratnam Wils
It is almost certain that there will be some tinkering with the Constitution. A cabinet committee is looking into this question. There are three major barriers to be crossed. Firstly the government has to muster a twothirds majority in Parliament. Secondly to obtain this majority the main opposition grouping, the Sri Lanka Freedom Party will have to cooperate to enable amendments to conform to the required two-thirds majority. This may be impossible. The SLFP may insist on a total package of reforms including the abolition of the Executive Presidency and the restoration of cabinet/parliamentary government. It could refuse to support piecemeal changes which do not radically depart from the present structure. It might be wiser however if it accepted changes to the system of proportional representation (PR) and modifications to the provisions for the referendum in the Constitution, reserving to itself the right to abolish or amend the powers of the Presidency when it takes office. Thirdly the Supreme Court must pronounce on the constitutional validity of proposed changes and whether, in certain instances, a referendum will be required. The Supreme Court is supposedly an independent institution and virtually a third chamber of government. But it has already been constituted by UNP presidents.
The government has declared that it has no intention of abolishing the Executive presidency. There is a possibility of it modifying its stand. There may be niggling attempts to have President and cabinet share power. For example the practice of the President holding portfolios in which subjects there is no minister accountable to Parliament may be done away with. In the past, not even the Prime Minister (in particular Mr. Premadasa) answered for the President's actions in the latter's capacity as Minister of Defence. Another possibility is for there to be a Deputy Minister (of, for example, Defence) who could then be responsible to the legislature. Whether this will be acceptable to the Opposition is another question. Ideally the President should divest himself of all cabinet portfolios because he is not present in Parliament to answer. Yet another is for the Prime Minister to take responsibility for all the portfolios held by the President. But why should he or how can he because he has no control over any of the departments attached to these portfolios.
One last possibility is for the Presi
dent to share pov The question of p arise if there are
ties. Then the Pri command the sul rent from that ( advise the Presid ters of his/her ch cles stand in th President refuses are available to
rant President?
follows from the
The blessed va stitution as outli and (2) could prov an impasse but c realises the impot Article 37 (1) sta dent is of the opi of, among other th absence from Sri unable to exercis charge the powe) tions of his office, { he has no majorit. may appoint the perform his func period’. This wou out, should there majority in parlial of including the period' was clearly temporary phase. of its vagueness, meaning for the el Prime Ministe) majority.
But what if the obstreperous. Aga Article 37 (2) can l assistance of the cl to be invoked. Th that "if the Chief tion with the Spea that the president able to exercise hi communicate in w the Speaker and t Minister” shall assi the President. “Ter intended as a shor to enable the co: "temporarily’ can are hostile majorit ident and Parliam can therefore bere of the Prime Mini while he/she comn
One way thus situation without stitution is to provi President not to whether or not th and secondly for th

TAMIL TIMES 13
stitution
n
er with the Cabinet. ower sharing will not contradictory majorime Minister who will port of a party diffeif the President will ent to appoint minisoice. But two obstae way. What if the ? And what remedies deal with a recalcitThe second hurdle irst.
gueness of the Conhed in Article 37 (1) ide a way out of such inly if the President ency of his situation. es that if the Presinion that by reason' lings (such as illness, Lanka), he will be e, perform and dis's, duties and funcin this case, because y in Parliament), he Prime Minister to tions during such ld thus be the way be a contradictory ment. The intention words during such intended to be for a But it could, in view be interpreted as ntire period that the commands the
President remains in the vagueness of pe utilized. Here the hief justice will have is subsection states Justice in consultaker is of the opinion is temporarily unfunctions, "he shall riting his opinion to hereupon the Prime ume the functions of porarily again was period but in order 1stitution to work, mean where there es as between Presnt and "temporary' garded as the whole ter's term in office ands a majority. of remedying the amending the Conde for the Executive hold any portfolio majorities coincide 3 Prime Minister to
assume the functions of the President if the President is of the party with a minority of seats in the legislature. Article 31 (1) and (2) can be underscored as coming into operation in the circumstances mentioned. In the latter event, the President merely remains ceremonial head of state.
The question of power sharing in normal situations as when there are coincidental majorities is beset with problems. How can the executive power be divided? Eitherit must bepossessed by one or other institution, President or Prime Minister (and Cabinet). Or the President must delegate power in specific areas. Firstly this cannot be done by constitutional amendment for the Opposition will not cooperate. Secondly the one who delegates can always recall such delegated powers or closely oversee its operationalizing. The latter provision will not prove satisfactory because bureaucrats must then satisfy two masters, the President and the Minister. In which case, it is the President whose authority will prevail. For instance, a minister might require a bureaucrat in his ministry to perform cerain tasks inimical to certain interests and interest groups. Under the Constitution the President can if sufficiently pressured by the vested interests concerned, countermand the directives of the minister. Interviews with the public servants indicated such problems. They said they preferred the former system where they were only answerable to the minister. Under the existing dispensation, a conflict of loyalties arises. Public officials will in the end have to follow the President's orders and this will create dissension between the bureaucrat and the ministers.
Oppositional cooperation for a constitutional amendment might be possible if provision is made for both President and Parliament to face the electors at One and the same time. That is, there should be no fixed term for a President. The President goes to the polls with members of the dissolved Parliament. At the end of an election there will then be a President and a Parliamentary majority of the same party or coalition of parties. The question of contradictory majorities will then not arise.
Even with such a change there is still the problem ofan Executive president overriding ministerial orders to bureaucrats. This can be resolved in two ways by constitutional amendment. Ministers should be made answerable and accountable to Parliament for the actions of bureaucrats in their respective ministries. This would
Continued on page 14

Page 14
14 TAM TIMES
Continued from page 13
mean that a President will be obligated to obtain the consent of a minister before he gives a directive to a bureaucrat in a department of the minister. Alternatively the President directs the minister to give bureaucrats orders. If the President and minister cannot agree, the minister must resign or the President has the constitutional right to replace the minister.
On this aspect, there is, the problem of the duties of the Prime Minister. During President Jayewardene’s two terms, the Prime Minister did not see eye to eye with the President on a number of crucial matters. Both men however avoided a head on collision. But when it came to President Premadasa he resolved the possibility of a clash between him and the Prime Minister by making it clear that the latter office was available to the holder for only one year at a time. This was a crude attempt to conserve power. The President will have to ensure that he appoints a PM on whom he can depend. Alternatively he will have the constitutional right to dismiss the PM and find a replacement.
There is however a more intractable problem. What are the duties and responsibilities of the Prime Minister? The Constitution only makes references to the President consulting with the PM on stated matters and for the latter to act for the President on given occasions. But consultation does not imply that the President must act on the Prime Minister's advice. So what does a Prime Minister have to do under the constitution? It may be noted that the two prime minister under the 1978 constitution were given an additional portfolio. Or else they would merely have functioned as chief of the government's majority and Leader of the House. The Prime Minister does not command authority whatsoever over ministers. Only the President does. One alternative therefore is to abolish the prime ministerial office. Another is for the Prime Minister to shepherd the government's majority and function as leader of the House and these duties are better if specified in the Constitution. He can still hold the titular office of Prime Minister.
There are two other areas that need examination. The system of proportional representation requires wholesale revision. The intention in introducing PR to ensure that parties obtained seats in proportion to the votes polled. For one thing the high cut off point of 12/2 percent should be reduced to five which is pretty universal. The other is to adapt the German method of combining PR with the single member constituency, ensuring
however that in t ing parties obtain seats in proportior Under the Germa needed contact b his/her constituen
Briefly the G adapted to Sri Lan (1) a party must total national vote in the whole islan voter receives two for the election of each constituency the other for the li party for each pro two separate ballo ballot sheet which half the constitue lower half the pro party will be awal vince on the basis on the first past th is the same as a pl (no absolute major the list, it will rece tion to the votes ( tion of seats will de all proportion of party A wins 10 se a constituency bas members with 100 to each province, a national vote, it w tional seats from it ensuring that it h number of seats i national votes pc Party A obtains 40 cast? It will then b seats allocated to 10 constituency se thus being permit perproportion”. Th total number of s can vary dependin of seats and the national vote won Party B might seats and obtain national vote. The additional seats list to ensure th which will be in percentage of nat (4) Party C ma constituency seats it has qualified by or more of the obtains 6 percent provincial list, it seats notwithstar obtain any constit
The other is the stated aphorism dum implies the from knowledget to mass hysteria cially equipped There is no nece

15 FEBRUARY 1994
e ultimate reckontheir due share of to the votes polled. system the much tween an MP and y is ensured.
rman PR system a will be as follows: in 5 percent of the or 3 constituencies d to qualify (2) the ballot papers, one representatives for in a province and t presented by each vince. These can be ... papers or a single contains on the top ncy list and on the vincial list (3) each ded seats in a proof its winning seats 2 post system which urality of votes cast ity is required). For Iive seats in proporast but the proporpend on the nationvotes polled. So if ats in a province on is in a house of 800 | members assigned nd 20 percent of the till receive 10 addis provincial list thus as obtained a total n proportion to the olled. But what if percent of the votes e awarded 40 of the he province, that is ats and 30 list seats, ted to retain a “suis means that the eats in Parliament g on the assignment proportion of the On the other hand vin 5 constituency 30 percent of the n it will receive 25 rom the provincial at it obtains seats proportion to the onal votes it polled fail to win any in a province but if obtaining 5 percent national vote and of the vote in the will be awarded 6 ding its failure to lency seats. referendum. A well s that the referentransfer of power ignorance or even Parliament is speenact legislation. sity to require the
input of the electorate. If it is retained, specific provision needs to be made that it not be used to, for example, extend the term of Parliament. This instrument has potential for the emergence of dictatorship. A self willed President under the existing provisions can appeal to the electors over the head of the cabinet of ministers and of Parliament and have legislation endorsed without the participation of Parliament. The best remedy is to do away with the referendum in view of the possibility of the supremacy of Parliament being undermined. If there is strong feeling that there are provisions in the Constitution that require the dual endorsement of Parliament and the people, the better route would be to entrench such provisions in perpetuity so that they cannot be changed even by constitutional amendment. If amendment must be made, a special constitutional convention could be summoned for the purpose.
Lastly there is the role of the Supreme Court whose independence is provided for in Article 107 and its composition in Article 119; it will consist of not less that 6 and not more than 10 judges besides the Chief Justice. So no additional judges can be appointed by a new government. The Supreme Court has been involved in making political decisions since independence. In political cases, the trend has been for the court to be handmaid of the executive. This need not be a problem since the court cannot, except in glaring instances of contingent injustice, hamstring the executive. The situation could however become difficult if the Court had been originally constituted with one President's yes men and a President from a different party has to confront a hostile Court. Usually the Court will be pragmatic. But it could also be obstructionist. There is only one avenue available to a President of a different party. He can offer alternative appointments, such as ambassadorships, governorships, chairmanships of various corporations and commissions and have amenable judges take the place of difficult judges. In this way a reconstituted Supreme Court can be less recalcitrant. Any other change will require a constitutional amendment which will not be available to any government without oppositional cooperation.
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Page 15
15 FEBRUARY 1994
THE INSIDE STOR
Tiger Deputy Lea Mahathaya’s F From Grace
D.B.S. Jeyaraj
The Tamil political world seems to be currently plagued by an epidemic of feuds, splits and intra-organisational differences: the Dravida Munnetra Ka zhaga m's Kar u na n i d h i - Gopalasamy tussle, the Pattali Makkal Katchi’s Ramadoss-S. Ramachandran feud and the MoopanarRamamurthy battle of the Congress, and so on. If these are symptomatic of the factional disease tearing apart the body politic of important political parties in Tamil Nadu, now comes the news that all is not well in Jaffna too. The news coming across the Palk Strait is about a major crisis in the Liberation Tigers of Tamil Eelam (LTTE): serious differences between its leader Velupillai Prabakaran alias Thamby and former deputy leader Gopalswami Mahendrarajah alias Mahathaya. The image of the LTTE as a monolothic organisation has been seriously dented even if the structural fabric has not been torn apart.
Fratricidal warfare between and within the various Tamil militant groups is not a new phenomenon. Inter-organisational warfare has seen a series of clashes between the LTTE and others like the Tamil Eelam Liberation Organisation (TELO), the Eelam People's Revolutionary Liberation Front (EPRLF), the Eelam National Democratic Liberation Front (ENDLF) and the People's Liberation Organisation of Tamil Eelam (PLOTE). Intra-organisational differences among the militants has seen the Das-Bobby clash in the TELO, the Padmanabha-Devananda break-up in the EPRLF, the Shankar RajiBalakumar split in the Eelam Revolutionary Organisation (EROS), and the various dissident groups of the PLOTE, led by Santhathiyar, Sivaneswaran, Paranthan Rajan and SO. O.
Whatever the differences within the LTTE, the Tigers, to their credit, were able to project to the outsider a picture of impregnable unity. Despite the rumblings of discontent that have arisen at various times within the LTTE, those sounds were never permitted to rach external ears. But now,
for the first time tional Secretariat issued a statemer about allegations its one-time No. 2 ment to a Neth journalist by Ant LTTE's political apart from Maha including Yogi, th LTTE's political v led from the orga now being interro gence network nisation Security headed by Pottu
Lawrence Thila international sp LTTE, when con phone by this w expulsion of fou LTTE for allege conspiracy to de leadership of the supremo Prabak. four, according allegedly collabor, tives of the India search and Ana Mahathaya, his Suresh and and named Engineer, Yogi is not being c are being subject quiry tantamoun verdict of "revolu imminent. (This is this article is prin
Both Prabakar hail from Velvet town in Jaffna, wh hotbed of Tamilm the same Karaya alumni of the C They are of the sa bakaran being Mahathaya in 19 mon political objec in the same organ 15 years. Mahat into the movemen self.
Prabakaran rem питето ито of Mahathaya was ul
 
 

TAMIL TIMES 15
nder all
the LTTE's Internabased in London has it on New Year's eve against Mahathaya, A subsequent stateerlands-based radio on Balasingham, the
adviser, said that thaya three others, Le former head of the ring, had been expelnisation. They were gated by the intelliOSIS (Tiger OrgaIntelligence Service) Amman.
gar, the Paris-based Iokesperson of the tacted over the teleriter, confirmed the r persons from the d involvement in a imate the top-rung Tigers, including its aran. The gang of
to Thilagar, had ated with the operan Government's Relysis Wing (RAW).
chief bodyguyard other person code
were in detention. letained. But all four ed to a rigorous int to a trial, and a tionary justice' was possible even before ted).
an and Mahathaya tithurai, a coastal ich is considered the ilitancy. They are of r caste and are also hidambara College. ame age-group, Praporn in 1954 and 56. Sharing a comtive, they have been istion for more than haya was inducted t by Prabkaran him
lains the undisputed the Tigers, while ntil recently his ack
nowledged deputy. Prabakaran is both the leader of the LTTE as well as its military chief. Mahathaya was its deputy leader and also the president of the now-defunct political party of the Tigers, the People's Front of Liberation Tigers (PFLT). Yogi was the leader of the LTTE’s political wing and general secretary of the PFLT. Today both Mahathaya and Yogi are in the dock.
What are the circumstances that led to Mahathaya's fall from grace? The answer could be derived from pertinent events of the recent past.
Mahathaya, the regional commander of the "Vanni comprising Vavuniya, Mullaitivu and Killinochi districts, was elevated as deputy leader in 1987. When Prabakaran left for India in July 1987 prior to the signing of the Indo-Sri Lanka Accord, he appointed Mahathaya as acting leader until his return. More important, he also authorised Mahathaya to countermand, if necessary, any directive issued by Prabakaran from Indian soil. Later it was Mahathaya who signed on behalf of the LTTE the agreement on the North-East Interim Administration. When talks between the Tigers and former Sri Lankan President Ranasinghe Premadasa reached a decisive stage, it was Mahathaya who led the LTTE delegation. When the LTTE announced its intention of entering democratic politics and formed its political party, Mahathaya became its first president. The inaugural session of the PFLT in Waharai in the Eastern Province was chaired by Mahathaya.
Soon talks between the Sri Lankan Government and the Tigers broke down. Fighting described as Eelam War Il broke out. Mahathaya continued along with Yogi to engage in battle-oriented political activity. PFLT branches called "Sittooravaigal' and "Perooravaigal' were responsible for much of the civilian administration activity of the LTTE. This included, among other things, the issuance of passes to travel outside the North, the collection of civilian taxes and donations, the settlement of civilian disputes and also management of incomegenerated enterprises run by the LTTE. Slowly, but surely, disenchantment set in. Charges of alleged mismanagement, corruption, abuse and misuse of powers by the PFLT branches began to be levelled on a low key. Widespread resentment against the PFLT branches began to grow.
Even as this state of affairs was developing, rumours began to circulate that a rift had occurred between Prabakaran and Mahathaya. Earlier,
Continued on page 16

Page 16
16 TAMIL TIMES
Continued from page 15
during the days of the Indian PeaceKeeping Force too similar stories including one which said that Mahathaya had assassinated Prabakaran were going around. These were subsequently proved false. Likewise, the second round of rumours too were dispelled when both the leader and deputy leader mounted the stage hand in hand and jointly addressed crowds at the “Muthamil Vizha', a cultural festival, in 1991.
But 1992 saw the Sri Lankan armed forces under General Denzil Kobbekaduwa adopting a successful military strategy of encircling the Jaffna peninsula. A military thrust into the peninsula seemed possible and Jaffna was besieged with the 'enemy at the gates' threat. It seemed certain that the Tigers were about to revert to classical guerrilla warfare, abandoning their entrenched positions in Jaffna.
It was at this stage that Prabakaran dropped a bombshell. Summoning his senior men, the LTTE supremo announced that he was dissolving the PFLT. All branches were to be disbanded and the functions performed by them were to be implemented by the fighting cadres themselves. To the utter chagrin of Mahathaya and Yogi, no explanation was given. Apparently, neither Mahathaya nor Yogi had been consulted by Prabakaran on this issue. An official explanation is yet to be proffered by the LTTE for Prabakaran's unilateral decision.
Mahathaya was then sent on a special assignment to the East. After Kobbekaduwa and the Northern Command of the Sri Lankan Army were wiped out in a landmine blast on August 8, 1992, the military balance began to alter dramatically in favour of the LTTE. Mahathaya was recalled to Jaffna and placed in charge of refugee rehabilitation and the welfare of injured and maimed Tiger cadres. Yogi was given the responsibility of interacting with the Jaffna University faculty and undergraduates.
The walls of trust and friendship between Mahathaya and Prabakaran had breached. The chasm began to widen as personal communication ceased. According to one ex-associate, Prabakara n was waiting for Mahathaya to approach him while Mahathaya was anticipating a personal invitation by Prabakaran. It was almost like a lovers' tiff. Members and well-wishers of the LTTE watched in dismay as the rift deepened. Everyone seemed powerless to arrest the dangerous drift of affairs in the Tiger hierarchy. Mahathaya confided to a long-time friend, I don't know what
Tiger Leader V. Pral
mistake I have comi ing for the leader to
Mahathaya begar profile. He was virtu. the Jaffna newspap frained from weari gues. While retain bodyguard of 70 ca however travelled a handful. He began events, particularly Prabakaran partici point was Kittu's fu kept away by day, b Kittu's mother and
But events took a 1 The long nights of A year saw a swift, sha by the Tigers. They cadres, ex-Tiger m supporters and so ( underlying thread. considered to be cl well-wishers of Mahi been either visiting seen in his company
Mahathaya too w, tody in the early h His residence was su elite Tiger groups. Balaraja, command Anthony' infantry b by Sornam, chief Commando Unit a Soosai, special comn Tigers'. Balaraja pel Mahathaya to acco did so instantly and
 

15 FEBRUARY 1994
mitted. I am wait
clarify. 1 to adopt a low ally blacked out in ers. Also, he reng military fatiing his personal dres, Mahathaya bout only with a avoiding public those in which pated. A case in neral. Mahathaya ut at night visited paid his respects.
:urn for the worse. ugust 2 and 3 last rp, surgical strike comprised Tiger ilitants, helpers, on. There was an All were persons ose associates or athaya. Many had him or had been in the recent past.
as taken into cuspurs of August 3. rrounded by three One was led by er of the “Charles rigade; the second of the Leopards' nd the third by hander of the “Sea 'sonally requested mpany them. He clambered aboard
THE LEADER AND THE TRAITOR'
& bhakaran and his former Deputy, G. Mahendrarajah
the vehicle along with Balaraja, Sornam and Soosai.
Mahathaya's wife Kalpana, who herself is a former member of the Tigers women brigade and belongs to the first batch trained in India, asked Balaraja where Mahathaya was being taken. She was told that he was being escorted to Pottu Amman, the LTTE intelligence chief, on the orders of Prabakaran. Later, Kalpana met Pottu Amman directly and inquired about Mahathaya. She was told Mahathaya was being detained in Kalvayal Chavakacheri and interrogated. The interrogation would take about six months and he could not be seen until that period was over.
It became known that Mahathaya had anticipated such a development and had clearly instructed his bodyguards not to offer any armed resistance if he was arrested. While the trio consisting of Balaraja, Sornam and Soosai had come prepared for an armed confrontation, Mahathaya's bodyguards did not fight. They were also arrested briefly and had their weapons confiscated. Later, all except one were released. But some reportedly refused to take back their weapons and expressed a desire to drop out of the movement.
The circumstances that led to Mahathaya's arrest were for some time shrouded in mystery. It was LTTE chief Prabakaran who lifted this veil of secrecy. In an uncharacteristic

Page 17
15 FEBRUARY 1994
move, the Tiger supremo summoned a cross-section of Jaffna citizens who were long-time LTTE supporters. A ten - page charge-sheet a gainst Mahathaya was read out. Prabakaran said Mahathaya had been asked to respond to the charge-sheet by July 31. Prior to that he had requested Mahathaya to meet him, but the latter had responded negatively. After July 31 Mahathaya had been approached for his response but his curt rejoinder had been: "Let Prabakaran come to me if he wants my explanation.' Therefore he had no choice other than to resort to this course of action, said Prabakaran. Since Mahathaya's state of mind was an unknown factor, he had resorted to a pre-emptive strike, rationalised the LTTE leader.
Details of the alleged conspiracy were also revealed. According to the charge-sheet, RAW was plotting to eliminate Prabakaran and the higher echelons of the Tiger leadership. Plans were being drawn to create a "fifth column within LTTE ranks. The objective was to kill Prabakaran and 10 other senior leaders, namely Anton Balasingham, Pottu Amman, Balaraja, Baby Subramaniam, Soosai, Sornam, Rathinadorai, Thamil Selvan, Karuna and Nadesan. The serious vacuum that would then occur was to be filled by Mahathaya. After consolidating his leadership, he would then cooperate in implementing the IndoSri Lanka Accord. Under Indian supervision, a quasi-federal system would be set up for the North-East and Mahathaya would be Chief Minister. Since Indian opinion blamed Prabakaran for Rajiv Gandhi's assassination, the LTTE supremo was politically unacceptable for any settlement and had to be exterminated. India could not risk a commando-type raid to kill Prabakaran. So the RAW had hatched a plot to kill the LTTE leader in this manner and Mahathaya was to be the cat's paw
The charge-sheet also outlined particulars about Engineer. Manickavasagam Mahendraraja alias Engineer of Punnalai Kadduvan was a Tiger who had lost a leg in an operation at Tellipalai. He had left for India by country boat to obtain a Jaipur foot. In the aftermath of the Rajiv Gandhi assassination, Engineer' too had been arrested. He along with Thiyagarajah, a native of Vadamaratchi now resident in Madras, had been brainwashed by RAW. They helped RAW weave the alleged web of conspiracy. Engineer had been sent to Colombo and, helped by Sri Lankan authorities, had reached the North. The suspicion of the TOSIS had been aroused by the fact that Engineer, a noted Tiger cadre
with a conspicuo been released by and had also trav Colombo and Vav arrested. Subsec gence wing disco the plot'. Engi Mahathaya of the Mahathaya had a clandestine plans lated for the imple TOSIS struck.
Yogi was sus name was not C leaders to be k allegedly organis in support of Mah
Whatever be
charge-sheet out "conspiracy’ an alleged role, it see karan is moving pre - e m p ti v e Mahathaya supp( prevented any ou lion. Likewise, me has contributed negative opinion at this point of other reports, Mahathaya's co being circulated. also reportedly c out Mahathaya' punishment to be The majority o cadres would be a Prabakaran has “traitors', regardle would be dealt wi ner as the EPRLF
Despite the fac justice' being met the action has al kangaroo court. Trial, the verdict already arrived a natural justice ha principle of the cence unless pro convoluted into guilt unless prove ly, Mahathaya t power violated t meted out summ. in cold-blooded ex
Already, reside been advised by move portraits of in their homes. Pi have also been establishments. communique rele: ly states that M. found guilty. Fun statement that M expelled suggeste been condemned.
Thus far, the

TAMIL TIMES 17
ius Jaipur foot, had 7 Indian authorities felled safely through uniya without being uently the Intellivered the details of neer had informed e conspiracy scheme. illegedly agreed, and vere being formu2mentation when the
pected because his in the list of Tiger illed. Also, he had ed secret discussions lathaya.
the merits of the ining details of the d of Mahathaya's ms clear that Prabavery cautiously. The m a s s a r r est of orters seems to have threak of open rebel'eting with the public to a groundswell of against Mahathaya time. According to a video film of infession was also The LTTE leader is bnsulting cadres abs offence and the 2 meted out to him. pinion among the dhered to. However, gone on record that 2ss of who they are, th in the same man' and TELO,
ade of revolutionary ed out to Mahathaya, l the hallmarks of a As in Kafka’s The , seems to have been t. The basic tenets of ve been violated. The presumption of innoven guilty has been the presumption of an innocent. Ironicaloo in his heyday of hese principles and aryjustice, resulting kecution. 2nts of Jaffna have Tiger cadres to reMahathaya hanging ctures of Mahathaya removed from LTTE Likewise, the LTTE ased in London clearLahathaya has been ther, Balasingham's Mahathaya has been d that he has already
episode has only
evoked muted criticism. A few expatriate Tamil organisations have written to Prabakaran appealing on the basis of natural justice. Tamil newspapers have called for a free trial. A handful of persons courageously protested by demonstrating in Mahathaya's birthplace, Velvettiturai.
With the exit of Mahathaya, there is no leader of stature or seniority comparable to Prabakaran. Mahathaya’s removal has made Prabakaran the absolute monarch of the LTTE realm. This, however, has exposed Prabakaran to accusations of mala fide motives in acting against Mahathaya. One view is that Prabakaran became insecure with the increasing popularity of Mahathaya and deliberately cut him down to size by dissolving the PFLT. The coup de grace is now being delivered with a fabricated story of a RAW conspiracy, say proponents of this view. Whether this is true or not, it is clear that Prabakaran will have to live with this charge for the rest of his life. If this opinion gathers momentum, the long-term consequences for the LTTE can be drastic.
Since Prabakaran is seen as the symbol of the Sri Lankan Tamil armed struggle, many Tamils are likely to support him if it comes to a choice with Mahathaya. Also, the climate of fear in Jaffna along with the propaganda techniques of the Tigers could result in the initial acceptance of Mahathaya's guilt. If the LTTE leadership can instil the feeling into the collective Jaffna psyche that Mahathaya is indeed guilty and that his involvement in the conspiracy has been proven beyond doubt, then the Tigers would have no difficulty.
If, on the other hand, people become sceptical of these charges and begin to revise their opinion, then disillusionment would arise. If people begin to believe that the Mahathaya affair is only a manifestation of Prabakaran's power hunger and that the conspiracy charge was a frame-up, then opinion could transform into hostility against Prabakaran. If the LTTE leader is seen as an organisation with feet of clay, people may in the long term lose faith in the armed struggle and turn against the Tigers. Mahathaya's end in that sense may very well be the beginning of the end for the LTTE.
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Page 18
18 TAMIL TIMES
“Strategy for Negotia and a Political SOlu'
An "informal group' of Sri Lanka's top-rung officials, academics arid retired bureaucrats have advised the government recently that "a strategy which relies wholly or mainly on a military solution of the North-East conflict will not be successful in ending the conflict or restoring peace or stability.' They point out that they have reached this conclusion “not for any lack of confidence in the Sri Lankan armed forces, but because of the inherent nature of the guerrilla armed struggle that is being waged.'
In a set of proposals for a political solution to the conflict in the north and east of the island, the group points out: "Struggles of this nature in other parts of the world have continued indefinitely in defiance of large well equipped armies. The international environment, modern communication and means of access to finance and arms have made these guerrilla movements much more difficult to suppress than those of a few decades ago,' says the group.
It points out that “this has been incontrovertibly demonstrated in many of the guerrilla struggles in India and the IRA in Ireland. Most of these conflicts which have ended, have been resolved only through political means. In Mizoram, for instance, the guerrilla movement came into the democratic system and the leader became the Chief Minister of the elected Government. This was due to the statesmanship displayed by the Indian Prime Minister and the strategy of political negotiation and reconciliation adopted by the Indian Government. The British Government after stubbornly refusing to deal with the IRA, because it considered it a terrorist organisation has mellowed and has been conducting secret talks.'
Although the LTTE employs terrorist methods, the group points out that its driving force and strength come from the political issues and goals of their struggle in which the larger Tamil community is involved.
The group regards the LTTE's and specially its leader Prabhakaran's particular predicament in being indicted in the ongoing trial in India for the assassination of Rajiv Gandhi as something which could be usefully employed as a leverage to bring the Tigers to the negotiating table.
The group believes that one factor "which could have a crucial impact and could be used to advantage by the
Government in a str peaceful settlement - sination of Rajiv ( charges brought a karan.”
The groups says: Government of Indi extradition of Prae mount. If a peacef reached and the LT enter the democra would this alter the s the leverage availa tactfully used by the ernment to bring th mainstream and clin Here are highlight tions made by this in
The main element political solution
The group felt tha two major issues W settled to arrive at t solution. These are ( extent of powers that under the system of territorial unit for the All other issues are su two issues and can b the framework of th these two.
"Therefore what is all, is a system in whi of power is genuine, ambiguously defined to ad hoc limitation government. A syst devolution in this m prerequisite to a po the present conflict.
"The consensus Select Committee ( regard to devolution to offer such a solu Committee proposed tion of power to the be on the same basis India under the Ind The group was of t devolution of powell provided under the II would resolve almos' pertaining to the ext that have hitherto st a settlement.
Many of the thor) as the administratio in the province and land could be dealt v that the devolution these matters will with the powers enj in India.

15 FEBRUARY 1994
ation Οη
ategy to reach a that is the assas
randhi and the gainst Prabha
Pressure by the a for arrest and bhakaran may ul settlement is E is prepared to ic mainstream, ituation? What is ble that can be
Sri Lanka Gove LTTE into the ch a settlement?”
s of some suggesformal group:
s of a
ut there are only hich need to be he main political i) the nature and will be exercised levolution (ii) the 2 North and East. ubsidiary to these e resolved within he agreement on
needed, first of ch the devolution
substantial, un
and not subject s by the central em which offers anner is the first litical solution of
reached by the f Parliament in can be built upon tion. The Select that the devoluprovinces should as for the State of ian Constitution. he view that the
similar to that idian constitution all the problems ent of devolution, ood in the way of
y questions such of law and order ontrol over state ith, if it is agreed of power on all e broadly in line yed by the states
"There are however two issues which should be taken into consideration in proposing this solution. First, under the Indian constitution, the President's power to dissolve a state assembly and impose central government rule has come under strong criticism. It seriously impairs the autonomy of the states and leaves room for arbitrary and partisan exercise of the central government's power.
This provision has not been acceptable to the Tamil parties in Sri Lanka. In the Sri Lankan context, given the balance of power between the majority community and the minorities, our group felt that the fears expressed by the Tamil parties were legitimate. Safeguards should be provided both to limit the power to dissolve provincial assemblies and impose central government rule as well as to provide means of redress to Provincial Councils against the unfair and arbitrary exercise of these powers. It should be possible to find the appropriate constitutional devices for this purpose.
"The exercise of these powers could be limited to extreme situations which could be clearly specified such as situations in which the provincial government is deliberately violating the constitution or the rule of law or has demonstrably lost the capacity to provide orderly governance. Central government rule should be strictly time bound and elections held within a short period. Special provisions should also be made to enable Provincial governments to petition Parliament or the Supreme Court/Constitutional Court against unfair and arbitrary exercise of power.
Second, even the most detailed definition of powers will not be able to provide for all the disputes that are likely to arise regarding the sharing of powers under any system of devolution. These problems would have to be ironed out over a period of time. In this sense the system of devolution which is agreed upon, should not be regarded as final and inflexible.
"It should be approached as a process which will evolve over time and where disputes will be settled amicably by discussion and negotiation by the concerned parties. Mechanisms should be provided for this purpose. This could take the form of a Devolution Commission which oversees the implementation of the system for at least the initial phase of about five years.
The problem of the merger of the North and East
In regard to the vexed question of
the merger the group was of the view that a durable solution can be found

Page 19
15 FEBRUARY 1994
only through a process of free and democratic consultation of the people in the Eastern Province through a referendum. There are however several pre-conditions for such a consultation. The Tamil parties have argued that if a decision is based on a simple majority, the result is a foregone conclusion as the Sinhala and Muslim communities, together, will outvote the Tamils. In arguing so, they also point out that the colonisation of the Eastern Province over a long period has reduced the Tamil population to a minority. Therefore a referendum which intends to take a decision based on a simple majority, compelling the Tamils to accept the "demerger', is likely to perpetuate the communal tensions and conflicts that have afflicted this region.
"The group therefore suggests that the referendum should provide an option to the Tamil people. If at the referendum, the majority of the Tamil people clearly opt for the merger, there could be an appropriate redemarcation of the Eastern province and the part of the province containing the Tamil population could be included in an enlarged territorial unit with the Northern Province.
"It has been argued that the distribution of the Tamil community in the Eastern Province is such that it would not be possible to re-demarcate a contiguous area with the entire Tamil population of the province. Although it is correct that any redemarcation will always leave out small scattered communities, the preponderant majority can be accommodated within it. Voluntary resettlement could also be considered where necessary.
Summary of the solution that is proposed
A system of enhanced devolution similar in nature to the devolution of power granted to the states under the Indian Constitution with appropriate safeguards relating to the dissolution of Provincial Councils and the imposition of central government rule. Provision for a Devolution Commission to resolve problems during the implementation of the system in its formative phase for about 5 years. Institutional arrangements for co-ordination of national plans and policies with those of the Provinces.
The democratic consultation of the people of the Eastern Province through a referendum which offers the option of a separate Eastern Province, a merged North East or a redemarcated province which includes the Tamil areas in a contiguous territorial unit with the Northern Province.
The approach tc implementation
"How can such plemented in the in which the LT guerrilla combat w army and is in vi Jaffna peninsula? ment depends crit We feel that an ef to initiate peace ta and bring them int democratic politic possible political lines that have bee however not unmil ity that the LTTE the democratic ma
"The proposed line the government in deal with such an LTTE remains ad reasonable settlem have positive col alienate them fron Tamil people and ment in which strategy to resto implemented with Tamil parties anc Today in the ab defined political se ary action against only to provide the rallying the sup) people and comin protector.
'We suggest that the political settle the following sequ “The first initiat by a group of p eminence and hi would be accepta role to all commun that such a gro mandate from (th plore the possibilit ment within the l solution that has should be known they enter into se group. The group initially on the g would include the
der The territor Lanka will be m tected.
dr Sri Lanka sovereign state.
fr Multi-party d political system fo and accordingly w North and East.
yr The rule of la fundamental righ in all parts of the

TAMIL TIMES 19
the of the solution
a solution be imprevailing situation TE is engaged in with the Sri Lankan rtual control of the
A peaceful settleically on the LTTE. fort should be made alks with the LTTE o the mainstream of s by discussing a settlement on the in indicated. We are hdful of the possibil
may not return to instream.
of action will place a better position to eventuality. If the amant and rejects a ment this would still nsequences. It will n the majority of the create an environa more effective re peace could be the support of other l the Tamil people. sence of a clearly ttlement, any militthe LTTE appears m with the means of port of the Jaffna g forward as their
t the peace talks and ment be initiated in
ence; ive should be taken ersons of sufficient gh reputation who ble in a mediatory lities. It is important up should have a le President) to exy of a political settleimits of the political been discussed. This oy the LTTE so that rious talks with the would have to agree ground rules which
following: ial integrity of Sri laintained and pro
remains a single
emocracy will be the r the entire country ill be restored in the
aw and protection of ts will apply equally country.
Equality of citizenship and opportunity for Sri Lankans will prevail in all parts of the country.
"The processes and institutions of participatory democracy will be maintained and enhanced by strengthening the local level institutions such as the Pradeshiya Sabhas and local authorities.
"In dealing with issues and disputes regarding the devolution of power, the principle of subsidiarity will be applied. This means that the higher level will retain the powers to deal with those matters that cannot be dealt with and managed at the lower level. The lower level will be empowered to deal with all matters it can manage at that level.
"The specifics of the political solution to the conflict in the North and the East should be worked out within these ground rules.
“If this mediatory group should succeed in reaching agreement on the main elements of the solution, the next step for formal talks and agreement between the government and the LTTE could be decided upon. The group should conduct talks independently with the other Tamil parties/ groups in order to ensure that the final outcome will enable these groups or other new groups to participate democratically in the political process in the North and East when peace is restored.
The implementation of the solution would require an interim administration which would restore the conditions of peace and security needed for the holding of the referendum and the elections to the Provincial Council/ Councils. Such an interim administration would initially require a political authority for the North and East which would oversee the restoration of peace and civilian administration. This may require at most one to two years if there is full agreement on the solution. Such a political authority may be constituted with representatives of the LTTE and other political parties with the Governor overseeing the process.'
Disarmament of the LTTE would prove to be one of the more contentious issues. There are several options available, one being phased disarmament; the LTTE could lay down arms in stages as the settlement is implemented and armed cadres confined to given locations while normal civillian administration is restored, with the final stage of disarming coinciding with the election of the provincial council/councils.
Continued on page 29

Page 20
20 TAMIL TIMES
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Page 21
15 FEBRUARY 1994
THE U.S. STATE DEPARTMEN
Human Rights Viol in Sri Lanka
The US State Department recently issued its 199 on the Human Rights situation in Sri Lanka. Th both the State and the LTTE for continuin Violations. Reproduced here are excerpts from t
Sri Lanka's constitutional, multiparty form of government features a strong executive presidency and a unicameral legislature elected by universal adult suffrage. In May President Dingiri Banda Wijetunga was chosen by Parliament to succeed assassinated President Ranasinghe Premadasa. The President's United National Party (UNP) holds a majority of the seats in Parliament. The violent ethnic conflict waged for over 10 years between the Government and the Liberation Tigers of Tamil Eelam (LTTE), an organization fighting for a separate state for the country’s Tamil minority, continued in 1993. An LTTE suicide bomber assassinated President Premadasa and 23 others at a public rally on May 1.
The 50,000-member police force, which includes 3,000 commandos of the Police Special Task Force (STF), is responsible for internal security in most areas of the country. Army manpower has increased steadily over the past 2 years. The 80,000-man army has the primary responsibility for conducting the war against the LTTE. The 8,000 to 10,000 paramilitary home guards provide security against LTTE attacks for Muslim and Sinhalese communities living in or near the war zone. The Government arms and equips up to 1000 members of various anti-LTTE Tamil militias. These forces man checkpoints, provide intelligence, act as scouts, and sometimes engage in military operations alongside the army. All security elements fighting in the war committed human rights violations in 1993.
Although the Government took further steps to institutionalize the protection of human rights in 1993, the pace slowed in the second half of the year, and its forces continued to commit serious abuses which went unpunished. More than 80 persons disappeared or died after being taken into custody by security forces, and government forces killed at least 250 civilians during military actions.
The Prevention of Terrorism Act PTA) and the Emergency Regulations (ER), which give security forces wide
powers such as pr municado deten effect. The ER we some safeguards ease some, but by restrictions on f press, assembly, Many Sri Lanka without trial in 19 ber continued to c mistreatment o routinely practice ment forces and
credible evidence force members
abuses, no memb force was tried or c rights violations
couraging these fo are immune from
Political Extrajudi The Governmer the LTTE and otl continued to enga ings. The total nur declined significar combatant deaths indiscriminate use deliberate targetti viduals. Neverthel conflict were respc cases of extrajudic For the first tim were no reports of civilians being LTTE, nor were massacres directed lians by the secul second year, there the vigilante-style gued the country
There were two assassinations bel carried out by the LTTE suicide bo President Premad earlier opposition lathmudali was as The Governme dence suggesting responsible.
The LTTE is th ecuted a number
 
 

TAM TIMES 21
ations
2 Country Report e Report blames human rights he report:
ventive and incomion, remained in re revised to afford Or detainees and to no means all, of the eedoms of speech, and association. ins were detained }3, though the numecline. Torture and detainees were d by both governthe LTTE. Despite mplicating security in human rights er of the security onvicted for human in 1993, thus enrces to believe they prosecution.
and Other cial Killing it's security forces, ner militant groups ge in political killmber of such killings tly, and most nonwere the result of of force rather than ng of specific indiess, all sides to the insible for scattered ial execution. le in 3 years, there Sinhalese or Muslim nassacred by the there any reprisal against Tamil civiity forces. For the were no reports of killings that plarior to 1992. high level political eved to have been TTE. On May 1, an mber assassinated asa. A few weeks eader Lalith Athuassinated. it presented evihat the LTTE was
ought to have exf its opponents, as
well as Tamil civilians accused of helping the security forces. In January the LTTE publicly executed two alleged traitors and in February executed three civilians in Mullaitivu District for allegedly passing information to the security forces. In December the LTTE announced that it had executed nine more "traitors' in Jaffna.
Disappearance
At least 12,000 people have disappeared in Sri Lanka since 1983, most in the period 1987-91. Reports of new disappearances continued to decline in 1993, from 200 in 1992 to roughly 70 in the first 9 months of 1993. The vast majority of these disappearances took place in the war zones of the north and east and most were attributable to government forces.
The Peoples Liberation Organization of Tamil Eelam (PLOTE), an anti-LTTE Tamil militia allied with the Government, is believed to be responsible for the disappearance of several persons in the northern district of Vavuniya. They were detained following an LTTE attack on a security checkpoint manned by the PLOTE and subsequently disappeared.
Observers in the northeast reported that the LTTE was responsible for a number of disappearances, but it was impossible to determine how many. In addition, hundreds of policemen captured by the LTTE in 1990 remain unaccounted for, and the LTTE has refused all request for information concerning their fate.
The Government's decision in 1989 to give the International Committee of the Red Cross (ICRC) unhindered access to detention centers, polic stations, and army camps has played an important role in reducing the number of disappearances attributable to the security forces, as has the work of the Human Rights Task Force (HRTF), a quasi-independent government body set up to register detainees held under the ER and the PTA and monitor their welfare. However, HRTF field offices outside of Colombo are hindered by a dearth of resources and their lack of assertiveness in dealing with security forces, which sometimes fail to comply fully with the Government's instructions. Recent changes in the ERmandating the issuance of receipts to families of detainees and notification to the HRTF of all arrests - have been largely observed in the breach. Full implementation of this reform would further reduce the number of disappearances.
In the case of 32 high school-aged
Continued on page 22

Page 22
zz I AMIL TIMES
Continued from page 21
boys who disappeared from the southern town of Embilipitiya in 1989, the HRTF identified 10 soldiers implicated in the disappearances, but the Government has taken no action. In its 1993 report, the HRTF named 4 army officers allegedly responsible for the disappearance of 158 people from a refugee camp at the Eastern University in Batticaloa district in 1990.
The Presidential Commission appointed to look into allegations of abductions and disappearances occurring after January 1991 has proven inadequate to the task. It has completed work on only 38 cases of the 873 that fall within its mandate. Of these, the President has referred two to the Attorney General for prosecution. None has come to trial. In mid-1993, the mandate of the Commission was changed in an attempt to speed the process by which disappearances are investigated. Under the new mandate, the Commission will determine only whether a complaint of abduction or disappearance is credible.
Freedom of Speech and Press
The Government controls the country's largest newspaper chain, although a variety of independent newspapers and journals provide a
range of viewpoi and domestic issu rights, and open party and Gov attacks on oppos politicians ceased madasa's death previously secret by high-ranking and charged wi intimidation of E opponents, incluc disbanded by P and revelations a operations were w press. In the one this trend, a resp umnist received portedly from th mander of the critical story he army offensive.
Although the G many journalists ernment continue on the press by co the import of nev placement of announcements : addition, the Pa and Privileges A. to impose an unli years' imprisonm criticizes a mem Although it is rar
g POLITICAL SOLUTION
Democratisation, Dev and Demilitarisati
by Ketheeswaran Loganathan
(Extracts from Paper submitted by Ketheeswaran Loganathan at the Seminar “On Democratic Rights and Civil Liberties in Sri Lanka' by The Committee for Democracy and Justice in Sri Lanka (CDJ), London, on Nov. 20-21, 1993).
(Continued from last issue).
The loss of a "rear base' (i.e. the land and coastal sea belt off Tamil Nadu), following the brutal assassination of Rajiv Gandhi, has undoubtedly imposed a severe strain on the smooth functioning of LTTE's own war machinery.
As in the case of the Sri Lankan war machinery externalising its impotence by turning against civilian targets, not to mention the arbitrary arrests in Colombo, the impotence of
LTTE's own war a few sensation flected in the
LTTE's innate mercenarizatio Abductions, exto arrests and kil have increased. cate serious ru organisation.
What needs to is that "realpoli fined by self-ap ers' purely in m power equation: determined by t rise and destab has only served on-going conflic from the mores tentious issues t Ethnic or the N Sri Lanka. In t lowing extract f
 
 

15 FEBRUARY 1994
Its on foreign affairs es, including human y criticize the ruling ernment. Physical tion journalists and with President Pren May. Similarly, a organization headed ormer police officers h harassment and remadasa's political ing journalists, was (esident Wijetunga, bout the unit's past idely reported in the
major exception to ected newspaper cola death threat - ree now-retired comarmy - following a wrote about a major
overnment denies it, allege that the Goves to exert pressure ntrolling permits for vsprint and through paid government and advertising. In rliamentary Powers at allows parliament mited fine or up to 2 ent on anyone who ber of Parliament. ely invoked and was
not used in 1993, journalists and civil libertarians complained that the Act, along with the new guidelines that effectively prevent the reporting of incidents in Parliament that are not part of the official record of proceedings, were an unjustified infringement on freedom of the press.
Several new, privately owned television and radio networks have begun operating, but the Government maintains a monopoly on the broadcast of local news. Local networks that broadcast foreign-produced international news such as the Cable News Network and the British Broadcasting Corporation are obliged to delete any portions concerning Sri Lanka.
The LTTE holds numerous prisoners of conscience, including the poet and women’s activist Thiagarajah Selvanithy, who has been imprisoned since August 1991 for her participation in a play critical of the LTTE.
The group University Teachers for Human Rights (UTHR), a human rights group formerly based in the LTTE-controlled Jaffna Peninsula, has been the target of severe repression by the LTTE for its attempts to present a balanced picture of human rights violations in both LTTE and government-controlled areas of Sri Lanka.
olution
O
machinery, barring all operations, is re
intensification of ascistic tendencies, n and mafiaism. rtion, conscriptions, lings of dissidents
Reports also indiptures within the
be emphasised here tic' tends to be depointed peacemakilitaristic terms and - where power is he capacity to terroilise. This tendency to exacerbate the t, while detracting ubstantive and conhat characterise the ational Question in his context, the folrom Report No. 9 of
O THE ETHNIC CONFLICT
the University Teachers for Human Rights hits the nail squarely on the head:
“Legitimising unhealthy forces just because they have the destructive power, and do not have any inhibition in directing it against any one, is against the interest of humanity at large. ...Is it imagined that for the Tamils their identity, liberation, happiness, and fullness of life can be realised in an extremely violent, xenophobic, fear-stricken and undemocratic regime provided that the dictatorship to which they must submit is exclusively Tamil? When such individuals and peace organisations claim that they can deliver the goods, they show very clearly their naivete, and the contempt they have for the people here. If they can consistently and courageously expose the unhealthy tendencies among the protagonists, namely the State, the LTTE, other armed groups and extreme forces in the south, as well as spend some time to understand the real issues and complexities, then they can do much more to achieve peace in this land”.

Page 23
15 FEBRUARY 1994
5. What is to be done?
It is clear from the earlier sections that there is nothing intrinsically superior or inferior when it comes to either externally-engineered or internalised processes of conflict resolution. What needs to be posed first is the question as to whether the nation-building process in Sri Lanka will continue to be characterised by the pre-eminence of Sinhala-Buddhist exclusivism. Or whether conditions can be created where the nation-building process will traverse the path of Secularism, Pluralism and Egalitarianism.
Unfortunately, when there did emerge a collective identity of sorts in the post-colonial era, it was exclusivist in form and content - namely a Sinhala-Buddhist identity that sought to exclude from the processes of nation-building other forms of identities. What needs to be emphasised here is that the search for a collective identity, which was at the same time parochial and nonsecular, was perversely given legitimacy through political, administrative and constitutional changes. This tendency was explicitly manifest in the spheres of citizenship rights, language rights, religion, state-aided settlement schemes, education and employment.
In due course, non-violent forms of struggle for constitutional and political reforms by Tamil parliamentary parties gave way to extraparliamentary and violent forms of struggle for secession. The demand for “Eelam” came to symbolise the collective identity of Tamil nationalism in Sri Lanka vis-a-vis SinhalaBuddhist exclusivism. It needed the Indo-Sri Lanka Accord and the 13th Amendment to the 1978 Constitution, which amongst other things addressed the question of security and 'devolution' of powers to the Tamil-speaking People, to convince the Tamil polity to reconsider their demand for secession. However, as I had elaborated in Section 3 of this Paper, problems of a structural nature as well as outright subversion by the State has once again brought the National Question to the forefront - notwithstanding the APCs and the PSCs.
Hence, today we find ourselves in a situation where the processes of nation-building in Sri Lanka is not only far from complete, but the parochial and sectarian manner in which it is being pursued has in turn only served to intensify the Tamil Question - rather than resolve it. In
my opinion this essence of the ( It is, therefo that without t democracy, (b) tion and (c) di meaningless to political solutio flict in Sri Lal touch on each of
(a) Democrac The level of d in a given socie the political sy that govern it, a socio-economic c mand for restol if it is to be pot events, obvious solely to socic ment which is a uneven process struggle for rest cy has to necess ing a political sy pluralist, egalit importantly acc ple. And such , sarily implies forms. Hence, th not the hour, constitutional 1 also immediatel ly address the le of the Tamil-spe
(b) Devolution
A federal states polity, compare stitution is undo perior, rational formula for re Question. How concern is the c form. Hence, we to consider any fers/grants Regi the Tamil-speak Region, to be eastern Autono constitutes the and traditiona Tamil-speaking Further, since t Muslims of Sri L cally are Tamilside the North the rights of tl Autonomous guaranteed by powers are enjoy ities (or an ama. substantial Mus the Autonomous time, all steps ensure that the manifest in the the Constitution.

TAMIL TIMES 23
then constitutes the :risis in Sri Lanka. re, abundantly clear he restoration of (a) substantial devoluemilitarisation, it is be discussing about a n to the ethnic connka. Let me briefly f the above elements:
у emocracy that exists ty is determined by stem and structures as well as the level of levelopment. The de*ation of democracy, ent enough to shape ly, cannot be linked -economic developlong-drawn and an . Hence, any mass toration of democraarily focus on evolvstem that is secular, arian - and most ountable to the Peoan evolution necesconstitutional rehe need of the day, if is a movement for reforms that must y and simultaneous'gitimate grievances aking People.
tructure or a federal d to a unitary consubtedly a more suand an equitable solving the Tamil ever, our primary ontent rather than should be prepared proposal that conional Autonomy to ing people and the called the Northmous state, which historical habitat | domicile of the people of Sri Lanka. he majority of the anka, who linguistispeaking, live out-Eastern Province, he Muslims in the State should be ensuring that real ved by local authorgam) in areas with lim majority within State. In the meanmust be taken to devolution package 3th Amendment to despite its deficien
cies, is not subverted, undermined or eroded either through administrative fiat or other means.
On the question of devolution, it is imperative that the unit of devolution constitute a unified politicoadministrative entity for the merged North-Eastern Province. It must not be forgotten that the Indo-Sri Lanka Accord, (on the basis of which the Tamil politico-military organisations laid down arms, joined the political mainstream and set-aside the demand for secession), in addition to recognising the unity and integrity of Sri Lanka also clearly posited the reality that Sri Lanka is a multi-ethnic, multi-lingual society within which the Northern and Eastern Provinces constituted the historical habitat of the Tamilspeaking people.
It must further be borne in mind that the opposition to the de-merger of the presently merged NorthEastern Province does not stem purely from an abstract obsession with the "traditional homeland' theory. There are politicoadministrative, socio-economic and security compulsions as well. If the Tamil-speaking people and the Tamil polity that represent them are to settle for a political solution within a united Sri Lanka, then they must be assured of a political system that guarantees to them their identity, security and socio-economic progress. This also necessitates rational utilisation of the resource base, decentralised administration and, most importantly, real devolution of powers that are irreversible. The on-going attempt at fragmentation militates against the above - and by implication militates against the resolution of the National Question within a united Sri Lanka.
(c) Demilitarisation
As I had indicated in an earlier section, a decisive military victory by the LTTE is out of the questionand by the State highly improbable. In any event, leaving aside aims and tendencies, any attempt at a military solution to the Tamil guestion is, neither, desirable nor feasible.
However, I wish to stress here that while issues relating to ceasefire, buffer zones etc are matters that concern only the two warring parties (i.e. the LTTE and the Sri Lankan Government), the search for a political solution and its implementation ceases to be the sole concern of both. Further, it is im
Continued on page 26

Page 24
24 TAM TIMES
Bhutan: Human Righ Ethnic Confronta
The following article is a shortened version of a dedicated to the human rights situation and the e tion in Bhutan since its origin. It has been prepa Asia Human Rights Documentation Centre (SAH
The historical background
The early history of Bhutan is obscure. According to ancient Sanskrit texts, Bhutan is described as the country at the end of Tibet or Bhotanta (BhotTibet and antaend). It was not a union under one king but was ruled by different ethnic chiefs in their ethnic areas. The striking similarities in the frescoes, rituals and musical instruments of Bhutan with those of the ancient Hindus (the present King claims similarity between Lord Shiva and Chherayji) are cited as evidence of Bhutan's origin as a Hindu kingdom. The god worshipped by the Hindus and the Bhutias is known similarly to the different adherents: Bhutapati or Bhutesa (Mahadeva/Shiva). Although there is no conclusive evidence about the original inhabitants of Bhutan, which was not a civilisational entity then, it is known that they were not the eastern Bhutanese of today, the Sarchops, though they are the earliest residents. Although the advent of Buddhism preceded the first Tibetan incursion, Buddhism was consolidated following increased Tibetan influence after the Tibetans defeated the then rulers of Bhutan (who hailed from around Kamarupa in Assam).
Amicable relations between Bhutan and Nepal were established when the ruler of Bhutan, Shabdrung Ngawang Namgyal, visited Nepal in 1624, which was then ruled by the famous Gorkha King, Ram Shah.
The historical records of Bhutan and Nepal reveal that large numbers of people from Nepal were frequently taken to Bhutan to develop the country, and that they were granted permanent settlement with the status of Bhutanese subjects. Until the beginning of the last century, very few travellers had entered the country. The history of Bhutan is inextricably intertwined with religion.
Although nothing is known of the religion of Bhutan before the advent of Buddhism, it is thought to have been animistic. These elements were retained even after the introduction of Buddhism by Guru Padmasambhava,
a monk from Sw, who is credited li ing the Mahayan to Bhutan.
Over the centur developed and speeded up when : older monastic sc Bhutan from poli The most import founding father both ecclesiastical wang Namgyal, w try at the age of
After many s opposition he bec head of the land. law based on Buc thus created theocracy.
This theocracy death with ten spiritual successo 300 years, until modern hereditar century. Betwee Padmasambhava the refugee lamas to constant inval the refugees, pov lords were establi of the country.
The next 200 teraction betwee British, mainly t of official missio Bogle of the Ber the first official Bhutan, on behal Governor Gene wished to establ Tibet for the Eas expanding East first half of the ceeded by an i imperial govern came into frontie tan troubled by and with rivalr and secular ri barons.
The arrival of sions, not very cumstances, with sympathetic lead
 

15 FEBRUARY 1994
tS and iOn
n issue entirely thnic confrontaed by the South PDC), India.
it (now in Pakistan) cally with introducschool of Buddhism
Les a distinctive faith this process was some members of the hools took refuge in tical strife in Tibet. unt of these and the of modern Bhutan, and civil, was Ngaho entered the coun23 in 1616.
truggles and much ame the undisputed He set up its code of ldhist principles and an in depen dent
continued after his incarnations of his rs and lasted nearly the founding of the y kingdom early this n the time of Guru
and the arrival of , Bhutan was subject sions by Tibet. With terful monastic overshed in various parts
years saw varied inin Bhutan and the hrough the exchange ns. In 1774, George gal Civil Service led
British mission to of Warren Hastings, rall of India, who sh a trade route to India Company. An ndia Company in the
19th century, succreasingly powerful ment in the second, conflict with a Bhucontinuous civil war es between spiritual lers and powerful
several British miswelcome in the ciroverbearing and unrs, culminated in the
hardfought battles of 1864-65. The poorly armed Bhutanese put up a stiff fight with spears, bows and arrows. Thereafter, British official visitors in the late 19th century and the first half of the 20th century formed close relationships with the newly emerging monarchy and tried to persuade their hesitant superiors in India to increase British assistance.
After Indian independence, the new Government of India greatly increased the volume of aid and technical assistance to Bhutan. It is still the country's major donor. Other major donor countries include Switzerland, Denmark, UK, the Netherlands, Germany and Australia.
The human rights situation
Bhutan has resident diplomatic representation only in India, Bangladesh and Kuwait. It maintains representation at the United Nations in New York and Geneva. Its treaty of friendship with India, signed in 1949, states that Bhutan will be guided by India in matters pertaining to defence and external affairs. In March 1990, the Governments of India and Bhutan signed a new trade and transit treaty, which was more favourable to Bhutan than previously. Bhutan continues to restrict access to the Kingdom in the hope of minimizing the spread of foreign influences. The number of tourists is strictly limited to 3,000 a year.
The human rights imbroglio in Bhutan is basically a result of inter-ethnic strife between the ruling Drukpas and the immigrant Nepalese. It came to a head in 1989, when the Royal Government's concern about the dangers of ethnic strife led it to take steps to suppress a movement of ethnic Nepali Bhutanese, who were calling for an end to discrimination against them and exemption from the policy of driglam namzha (revival of Bhutanese traditional culture).
In 1990 and early 1991, the situation deteriorated. The Royal policy is aimed at ethnic integration and "Bhutanisation' of the southern districts. It is, however, perceived as a policy of forced assimilation with a negative impact on the Nepali community. Groups of ethnic Nepalese who fled to Nepal and India and formed protest movements there have accused the King of "cultural oppression' and his government of human rights violations including the torture of prisoners. Their demands include the recognition of Nepali as an associate national language, permission to form political parties and respect for the separate identity of the Nepali-speaking subjects of Bhutan. In September 1990, these groups organised marches of

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15 FEBRUARY 1994
several thousand people from Indian into Bhutan, where they clashed with the Royal Bhutan Army (RBA).
In their efforts to crush the prodemocratic movement in southern Bhutan, government forces have acted without regard for international human rights law. Soldiers of the RBA and members of the Royal Bhutan Police (RBP) have used lethal force against peaceful demonstrators, shooting scores of unarmed civilians. They have also conducted house-toouse searches without warrants, seizng men and beating them, threatening and often raping female family members, and burning down entire villages. Police involved in such raids have been guilty of extortion, pillaging and wanton destruction. Investigators of the South Asia Human Rights Documentation Centre (SAHRDC), based in Delhi, have information on some 250 instances of human rights violations such as rape, arson, assault, torture and killing, occurring between November 1990 and August 1992. In several cases they obtained independent testimony from witnesses whose accounts corroborated each other.
The government also has prevented Kuensel, the only national weekly newspaper (which it owns), from reporting on conditions in southern Bhutan. It also denies unrestricted access and entry to the foreign media and has regulated the sale of newspapers from India and Nepal. Similarly, human rights organisations are not permitted to operate in its territory.
The dissidents, in turn, it is alleged by the Royal Bhutanese Government, have flagrantly violated international humanitarian law by killing, kidnapping and asaulting civilians from the south. The SAHRDC has requested the Royal Government for direct testimony about such incidents that have occurred since 1988. It has also sought the Government's permission to independently verify all such cases.
The Ethnic Confrontation
The genesis of the current problem in Bhutan lies in a 1988, Royal Government directive to have a census conducted in the southern districts, ostensibly to weed out illegal immigrants. The census teams asked all Nepali-speaking inhabitants to provide evidence of their arrival in Bhutan before 1958 or else be declared non-nationals. Cross-border immigration from Nepal and eastern India into Bhutan has been occuring relatively unchecked since the middle of the 16th century (this is attested to by British expeditions into the area during the colonial period).
However, by the late 1970s and
early 1980s, it officials that the had begun to ol lungs and indig attempt was mac tions on such po By the mid-1980s taken a hard, stand on the issu the immigrants b The introductio zha, which litera tanese way of lif While the Royal that it is simply a integrate the Bhʼ rant Nepalese in t regard the overtu form of cultural started street d other forms of pe to indicate their Royal directive. the other hand, a dent movement is secessionist in nat general destabilis Hence it terms t movement "anti-n ists'. This is just disagreement ove two sides in the trade allegatio allegations.
At the time o 1974, King Jigme promised to conti policies initiated Jigme Dorji Wang tan closer to his vi almonarchy. The the King has now and allege that th to having made a ing on a process assimilation ar. speaking Bhutan were forced to foll social etiquette, The King is repor have tried to brin tanese into the ma cally, socially, cul because Bhutan is to be divided. Bu that some of th implement this tunate."
Until then, the were alllowed som to practice their their culture and worship. The dis this has changed not be constructe not be maintaine the National Ass the King ordered a monk body con with one head li

TAMIL TIMES 25
became apparent to immigrant Nepalese utnumber the Nga - genous peoples. An de to impose restricpulation movement. the government had possibly vindictive, ue and repression of egan in earnest.
on of driglam namlly means the Bhu2, is a case in point. Government claims in effort to culturally utanese, the immighe southern districts re at uniformity as a imperialism. They lemonstrations and aceful public protest disapproval of the The government, on sserts that the dissiin fact violent, even lure and aimed at the ation of the country. he members of the ationals' and "terrorone example of the r facts between the conflict, where both ns and counter–
f his coronation in e Singye Wangchuk, nue the far-sighted by his father, King chuck, to move Bhuiew of a constitutiondissidents claim that reneged on his word e King has admitted mistake in embarks of forced cultural mong the Nepaliese subjects. They low a Bhutia code of dress and customs. ted to have said, 'We g the southern Bhuinstream - economiturally, politically - s too small a country t I am sorry to say e things we did to
have been unfor
Hindus of Bhutan he degree of freedom religion, preserve construct places of sidents say that all l: new temples may d and old ones may d. By a resolution of embly, His Majesty the establishment of sisting of five monks ama for the Nepali
villages of southern Bhutan. This is seen as an attempt to convert the Nepalese of the south to Buddhism. Television has been banned as part of the process of Bhutanisation and the dissidents say this move is aimed at removing the Hindu influence from Bhutan. The government has denied this, citing the fact that among other things, Hindi films are still shown in video parlours and cinema halls. The wearing of Gho and Kira, the ethnic costume of the ruling Drukpas, has been made compulsory at all times, and failure to comply can lead to stiff penalties and even imprisonment.
Another government order has made the national language Dzhongka compulsory for all Nepali-speaking Bhutanese. Teaching Nepali in schools has been banned and teachers using Nepali as the medium of instruction have been dismissed. Speaking the language in public invites a monetary disincentive. Nepali textbooks and reading materials are forcibly destroyed.
Simultaneously, an order was issued declaring Bhutanese nationals married to foreigners non-citizens and forbidding them to stand for election to the National Assembly. Also, women have been forced to cut their hair (officials say that only young schoolgirls have been told to do so).
The dissidents allege that the constant raiding of villages in southern Bhutan by the Royal Bhutan Army (RBA) has left the entire region in a situation of political turmoil. They claim that thousands of villagers had earlier been jailed for participating in peaceful demonstrations during the pro-democracy movement between September and December 1990.
The Royal Bhutanese Government shut down 76 schools in the southern belt and many of them were used as army barracks and jails. Over 70,000 refugees are presently in camps in the Jhapa district of eastern Nepal. Many men, women and children from the villages adjacent to the border have escaped and are camping in India. No Indian Government organisation has helped them so far. Instead the Assam and West Bengal police are arresting refugees and handing them over to the Royal Bhutan Police (RBP). Mr Dago Tshering, the Bhutanese home minister, is quoted as saying, "It must be made very clear that such people's (refugees) family members will be held fully responsible and will forfeit their citizenship.'
Meanwhile, the RBA has made frequent incursions into Indian territory to kill or capture innocent Bhutanese
Continued on page 26

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26 TAMIL TIMES
Continued from page 25
refugees. On 12 December 1990, two refugee Bhutanese citizens were shot dead, another was shot in the right arm and a fourth was arrested by the RBA in Faras Basti, Sankosh subdivision, Alipore, district Jalpaiguri, in the Indian state of West Bengal. On 10 December 1990, the Jalpaiguri authorities lodged a protest with the Royal Government about the alleged unprovoked firing on 9 December 1990 on the people of Kalikhola, near the Indo-Bhutan border.
The Royal Government, on its part, has categorically denied the reports of mass killings of political demonstrators and alleged that the Bhutan People’s Party (BPP) and the Bhutan National Democratic Party (BNDP), both dissident organisations in its view, have maligned the good name of the Kingdom by distorting facts and making false allegations.
When interviewed by the US weekly, Newsweek, the King claimed that while touring the south of the country he had told the people that wearing the national dress was not necessary, as long as they wore something which gave them a distinctive Bhutanese identity, different from what their brethren wear in Nepal. The King insists he is not opposed to democracy though he dodges the question of whether it is the right course for Bhutan at this juncture.
In a note circulated to the New Delhi World Congress on Human Rights on 14 December 1990, Mr. Sonam T.
Ragbye, First St tanese Embassy,
cause of the pres tan stems from
immigrants into The present mo Bhutan started in Government of
nationwide cens large number of Nepali origin we ern Bhutan. The
the anti-national policy of national pretext to mask
policy of identil rants. The main
nationals is to omous Nepali st violent movemer Bodos and ULFA Front of Assam) Sikhs and Kash Kashmir have in larly in the use C their political enc
The governmer tales to tell. The allegedly claimed bodies ere maim mutilated. Startir nistrative official heads were cho 1991, the confir capitations by t Party (BPP)alone is claimed that p lated and burned and alive, fill th 152 people have napped. Industri
Continued from page 23
perative that hegemonistic pursuits and tactical ploys to gain time and space are not permitted. More importantly, the search for a political solution should not be confined purely to those who wield arms or demonstrate the capacity for destruction.
To sum up, then, the mere cessation of hostilities should not be confused with a political solution.
6. Conclusion
Since we are gathered here to deliberate on the ways and means of breaking the ethnic impasse and to break-out of the spiralling violence that has shaken the Sri Lankan polity and civil society, I do not believe that a theoretical or an academic approach to the Ethnic Question would have been appropriate.
However, the on-going ethnic con
flict is only a
problem with m tions - namely national minori nation-building. came the symbo ty and resist onslaught of Sir is because the e al Question in S recognised. Hen the ethnic co doubtedly will
countering the s no guarantee th not recur. Simila volution and D only constitute
resolution of th not the Nationa solution of the N the other han damental socia Sri Lanka whic outside the real the immediate
fore, outside the

15 FEBRUARY 1994
retary, Royal BhuNew Delhi, said: "The nt problem in Bhuhe influx of illegal southern Bhutan. ement in southern 1988 after the Royal hutan conducted a is during which a legal immigrants of e detected in southLue and cry raised by movement over the integration is only a heir opposition to a ying illegal immigbjective of the antiarve out an autonate in Bhutan. The ts launched by the (United Liberation in Assam and the miris in Punjab and spired them, particuf violence to achieve s.' it has its own horror rebels' campaign has many victims, whose ed and grotesquely ng with the two admiis in Gomtu, whose oped off on 2 June med number of dehe Bhutan Peoples 2 now stands at six. It hotographs of mutil victims, both dead e police files. About allegedly been kides, schools and even
manifestation of a uch wider ramificahe exclusion of the ties in the task of If Eelam later beof collective identiance against the hala chauvinism, it istence of a Nationri Lanka was never xe, the resolution of nflict, which ungo a long way in piralling violence, is at the problem will rly, Democracy, Deemilitarisation can the basis for the Ethnic Conflict - Question. The reational Question, on , involves a fun
transformation in l, in my opinion is n of the possible, in future, and, therescope of this Paper.
some offices have closed down, and development work has stopped in southern Bhutan, as all resources such as reserves and manpower are being channelised to counter the agitation. The result of the violence has been an unprecedented polarisation of communities.
Bhutan does not have a constitution and its civil and criminal law is presently in the process of codification. The only set of laws which were loosely followed are the religion based ones laid down by Shabdrung Ngawang Namgyal in 1616. The southern Bhutanese oppose these laws as they claim that these have been chosen to suit the Bhutia purpose of de-Hinduisation of the southern districts.
However, in spite of the existence of such laws, the King is omnipotent and his word is generally accepted. Among the many grievances of the southerners is the non-existence of legal counsel, unequal representation in the National Assembly, absence of freedom of speech, (which was refused to the people of southern Bhutan by the National Assembly on the plea that although the granting of the freedom of speech to the people was good in principle, it would be premature in view of the general backwardness of the southerners and their lack of political consciousness), and the enactment of the law permitting the death sentence, which they fear will be used indiscriminately against them.
Bhutan does not have a free press. Kuensel, the national newspaper, is widely perceived to be a tool of the Royal Government. Southern Bhutanese activists have alleged that 'prior to publication, all articles are subject to intense scrutiny by the Home Ministry and the King himself. There is no freedom for an independent pen or for editorials.’
Bhutanese subjects are forced to tender free labour for months on end. There are several concepts such as Sebtolomey, Gungdauvoo-la, the National Work Force, etc. Under Sebtolomey people have to give free service to the government for one month every year. Under the National Work Force' scheme people are forcibly taken to serve the government at the sustenance level for several years. Their children, in turn, become labourers under the system of bonded labour and as such do not get an opportunity to benefit from education.
People have no right to privacy in Bhutan (there are no written guarantees to that effect). Any kind of incident, howsoever minor, has to be disclosed to the authorities. Any foreign correspondence to anyone in Bhutan is subject to check by the government.

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15 FEBRUARY 1994
Similarly, people in Bhutan do not have the right to education; students are not permitted to join law schools or study politics. People are detained arbitrarily and relatives of the detenus are not allowed to meet them. There is no right to assemble peacefully in Bhutan; those guilty of such association are termed 'anti-nationals' (ngolops) and jailed for prolonged periods of time. There is also no right to life and liberty in Bhutan since people throughout its territory are subject to the arbitrary command of the King.
Similarly there is
as there is no cod the people. Lastly, of movement withi ernment officials
abroad and there issuing passports t ple who want to
practice of issuing ary citizens is di because the gover sive that the knowl enlighten them as their system of gov
ONo Progress in Indo-Pa
by T.N. Gopalan
Yet another round of talks, actually seventh in the current series, between India and Pakistan has come and gone. Nothing seems to have been achieved, and none but the journalists have taken notice of the parleys between the Indian Foreign Secretary, J.N. Dixit and his Pakistani counterpart Shahryar M. Khan on Jan. 1-3.
But the very fact that the two adversaries did meet and apparently identified the areas of friction, (as if it needs seven rounds of high-level talks to know why they did not vibe), has sent some observers up the wall. Like this gentleman who could not help harking back to Neil Armstrong's famous quote on his small step being a giant leap for mankind:
Addressing a press conference at New Delhi on his return. Mr. Dixit admitted that "no progress' had been made but promised to pursue the negotiations further by submitting a six-point proposal for bringing down the tension between the two countries by a notch or two. The very next day Pakistan dismissed the formula as of
no consequence.
Mr. Dixit’s proposals are to relate to Siachen, Wular barrage, maritime boundary in the Sir Creek region, nuclear non-proliferation and so on.
The Pakistani spokesman noted that all "these problems, besides the Kashmir question, have been created and perpetuated by India. It was India, he explained, "which unilaterally encroached into Siachen, occupying several heights in the disputed territory of Jammu and Kashmir. ..It is India which began the construction of the Wular dam in contravention of the Indus Waters Treaty of 1960. It was India which repudiated the accepted maps for land border demarcation in Sir Creek. ..It was India which exploded the bomb in Polchran in
1974. . .
The Pakistan Prime Minister Ms.
Benazir Bhutto is r Mr. Dixit that si another generatio sub-continent to the Kashmir issue, the pace for the so which followed.
How faked such how unreliable O could be seen fro Mr. Shahryar Kh External Affair mediately after he the Islambad airpo
He declared tha the ground in Jal would be the det tan’s attitude to th ing the talks and 1 would not be sched could see a visib that situation. So leap' and the 'mon
But take heal around. The Clin finds the dialogue with significant po to help facilitate ment”.
It should be nota which had sounde this round of talks, of the Hazratball all only because it cle norms governing t world. To put it nerved by the kr Washington, New prudent to instan bad for whatever i
Nobody needs to failure or stalema destined to fail started. For clearly tical will is lacking border for a peacel tion to the numero them.
The powers-tha most hues in both

TAM TIMES 27
no right to equality lified law to protect there is not freedom n Bhutan; only govare allowed to go 2 is no system of o the ordinary peotravel abroad. The passports to ordinscouraged, possibly nment is apprehenledge they gain may to the injustice of vernment.
ak TalkS
'eported to have told he would not like n of people in the be held hostage to purportedly setting 2cretary-level talks
sentiments are and ur politicians are n the statement of han, the Pakistani s Secretary, imsaw off Mr. Dixit at prt.
at the situation on mmu and Kashmir erminant of Pakise question of resumthat the next round uled until Pakistan le improvement in much for the "giant hentous meet.
rt. Uncle Sam is ton administration a useful first step tential and is ready a forward move
2d that it was India d its neighbour for done so in the wake fair. Again it did so arly understood the he present unipolar more bluntly, unhitting of brows in Delhi thought it tly ring up Islamat was worth.
be surprised at the te. The talks were even before they 7 the necessary polion both sides of the ul and speedy soluous problems before
t-be, politicians of the countries, have
a vested interest in perpetuating the tension. Even otherwise the core issue of Kashmir will remain intractable for a long, long time to come thanks to the historical and religious factors at work.
While Pakistan would like the Kashmir issue to be resolved first, India is calling for progress on a broad front of bilateral relations.'
There are those who would draw a parallel with the Middle East situation wherein the contending partners are presumed to have made 'substantial progress' even while sidestepping the core-issues like the status of Jerusalem. "Resolving smaller issues could generate a political momentum and the right diplomatic ambience to address the larger issues, an analyst is quoted as saying.
However, the fact that India has agreed to discuss Kashmir with Pakistan even while claiming it is an internal issue and accusing its neighbour of promoting terrorism is a definite sign that it is becoming more and more sensible. It is prepared for a viable solution without too much of a loss of face, it looks like.
On the eve of the talks the Indian newspapers carried prominently a report to the effect that the Union Home Ministry had suggested shifting inwards as many as 40 villages in the Kupwara-Uri-Baramulla areas of Kashmir - lying along the Line of Controls- in order to prevent militants from using these routes to cross over to the so-called Pak-Occupied Kashmir (POK). So also the opposition in Pakistan warned their government against any sellout to the Big Brother. How the enlightened, if any, in the two countries manage to steer clear of the pit-falls of hawkism is anybody's guess.
While Pakistan is terrified at the prospect of being branded a terrorist state, or a state sponsoring terrorism, by the US, India is going through all sorts of ludicrous contortions in order to make the super power believe, or at least to pretend to believe, that its human rights record is not too much tarnished because of what is happening in Kashmir. And hence the sense of some urgency on the part of both to inch towards some kind of a solution for the Kashmir imbroglio.
There is also a side-show to this charade - China's opposition to any form of independence for Jammu and Kashmir because it fears that the US could use Kashmir as a base to destabilise Beijing. Its apprehensions on this score were conveyed to Islambad on the eve of the Indo-Pak talks. How
Continued on page 29

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28 TAMIL TIMES
READERS
FORUM
THE CONSPIRACY OF SILENCE
AS security ambulances scream their sirens along Colombo's crowded roads, from the Military Airbase at Ratmalana announcing the return of the sick and wounded from the battlefront in North Sri Lanka, the pervading silence from Government spokesman on this debacle, stands out in stark contrast.
To any visitor to the Island of Sri Lanka, which according to the Prime Minister, hopes to be recognised as a "Newly Industrialised Country' (NIC) status before the year 2000, the war is looked upon as a blessing. The war provides employment, it gives vent to pent up feelings, it brings in a flood of foreign currency from expatriates and refugees abroad. It has created a new breed of enterprising individuals who have flourished on the spoils of this conflict. The war is big business for small businessmen and a big boost for the once flagging economy of Sri Lanka.
Today there is an uneasy calm all over the Island, interrupted by the daily bombing of the North & East and by sporadic thunder-bursts of the North East Monsoon. While white flags and overhead road banners in some towns and in the capital Colombo are the unspoken signs of mourning for those who have paid the 'supreme sacrifice, patriotic notices displayed on bus windows, prompt support for the security forces. There is no noticeable clamour to put the whole country on a war footing as was called for by the Opposition leader.
Life continues as usual but not as normal as there is unmistakably some tightening of security, at least in Colombo since "Black Thursday' 11 November 1993. The Stop and Search campaign by the security forces and in particular the Police in towns and cities, of civilians, their vehicles and their homes, without notice or warrant goes unchallenged. This is blatantly noticeable in the Hill Country among the Indian plantation labour. Also all visitors to the Island and chief occupants of households are now bound by law to notify their local police of their residence and movements.
In the wake of Pooneryn's Tiger (LTTE) offensive code named "Operation Thavalai” - (Leap Frog) accomplished and efforts to regain the area 'at any cost having been launched by
top security brass, Sri Lanka army ha probe team, perha credibility of fo fighting alongsi Pooneryn.
Further, what h not controversy, i and preparednes Forces stationed presence of some are all estimated action (MLA) is y Contrary to all tr men had been Pooneryn front, a area, "to learn the soldier'. New recr committed are ser the army ethic Pooneryn Sea & I
There is no deni war machine witl among the youth however, no surv assess the wearine who are enticed t forces. There is a cost of the war a 30,000 lives duri) This is compound ity of no end in Should some forn engineered or enfo sent, there is a de-commissioning of this war on bot rassing propositic ment.
Sri Lankan‘s Eo this year, we a percent compared year. The G.D.P. i high of 6 percent. of growth by cur dards. The war cc between three a precious budget burden of war, t reach heights of highest in South This higher grc achieved. But wh end?
It is hardly con cians to attempt they had the wi would have alrea more difficult for reach a settleme)
It is wide know the North has be some people, in f Not withstanding from around the security services have been great war effort.
Discounting th
 

15 FEBRUARY 1994
ye are informed the appointed its own ps to ascertain the eign mercenaries le the LTTE at
is caused concern if the battle fatigue is of Sri Lankan at Pooneryn. The 297 "Trainees' who dead or missing in t another tragedy. .ining norms, these attached to the ligh intensity battle skills of becoming a uits who appear unt to be weaned into in the perilous and camp. al to supplement the new recruits from of this land. There is ey commissioned to ss among the youth, o conscript into the n awareness of the und the toll of over ng the past decade. 2d by the stark realsight to this war. n of truce be either orced by mutual confurther question of the young veterans h sides - an embaron for any Govern
'onomic Growth rate e informed, is 5.7 to 4.7 percent last s expected to reach a
an appreciable rate ent European stansts the equivalent of nd four percent of funds. Without the le G.D.P. could well nine percent, the & South East Asia. with rate could be o wants this war to
eivable for the politia settlement, for if or the power they ly done so. It is even he military forces to t at present.
edge that this war in ome big business for ct, for many people. the arms salesmen world, the coffers of and also the Police, y enhanced by the
pecuniary benefits
of war for those involved in its machinery, the nation has over time, got adjusted not only to the sights and sounds of war but to the siege mentality which given time may change, but remains firm in place today.
No reference has been made to the population explosion over the past decade in the Island, a statistic much too much for comfort, which has hidden the cost of war. What is happening both in the South and in the North, is that a whole generation of youth is being destroyed.
The lessons of Pooneryn is that any full scale military offensive against the North could provoke mayhem in other parts of the Island. The army could well be hard pressed to open up another front, possibly in the Hill Country where a battle royal goes on between two stalwart politicians - President Dingri Banda Wijetunga, President of Sri Lanka and one of his Ministers Mr. S. Thondaman. The President has been advised of the importance of rethinking the approach to Mr. Thondaman and the need to secure the bridges. It is argued Mr. Thondaman may cash in on the strength of his vote bank of plantation labour of Indian origin, not to mention the industrial peace that goes with his support for the ruling United National Party and for the Government in the Hill country, and throw in his lot with the Opposition.
The Politicians argue that a military solution is the best in the interest of the Island. Others maintain a political solution is best in the long term. Som others say it should be both.
In every game and war is no exception there are Rules of Conduct that contestants implicitly or explicitly observe. It appears, however, in Sri Lanka's so called “Ethnic Conflict that the Geneva Convention to which Sri Lanka is a signatory, is not observed and the dirty war in the North & East continues unabated.
Sri Lanka aspires to NIC status. According to some observers it already has acquired the status of a Nation in Conflict (NIC). The world could hardly be expected to confer "Newly Industrial Country' status until some settlement of the ten year war is in sight.
Victor Cherubim,
35 Crystal Way, Chadwell Heath, Essex RM8 1UE.
PUT MAHATHAYAON TRIAL
I write with reference to your report (January 94) about the imminent execution of the Tiger Deputy Leader, Mr. Mahendrarajah (Mahathaya). In

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15 FEBRUARY 1994
the same issue of your journal, there was a lengthy interview given by Mr.
Anton Balasingham. In respect of
Mahathaya, this is what he said:
"CP: What is Mahattaya's position in the LTTE now? Is he under arrest or in a fighting unit?
B: There are so many speculations about Mahattaya. They say that Balasingham is also under house arrest. . . . Mahattaya has been given a different reponsibility. He is in charge of rehabilitation of injured. . . . Yogi has gone to Mana Aru, but we are not supposed to tell you where they are. . . . they are doing political work. It is true that they held more important positions earlier, but sometimes things do change. Even senior people, even commanders, are changed.'
The fact is now known from even official LTTE sources that, when Balasi n g h am ga ve this an s w er, Mahathaya and many of his associates had long before been removed from their positions and detained. How can one, therefore, believe what the Tiger spokesman tells the public at any time?
When the LTTE's late Krishnakumar (Kittu) committed suicide along with his associates following the ship in which they travelled was apprehended by the Indian navy, Tiger spokesman Anton Balasingham in statements and interviews to the media claimed that the Indian authorities were aware that Kittu was on a Peace Mission' to Sri Lanka because the LTTE had previously notified the Indian Government through the Quakers International for Peace. If this claim of Mr. Balasingham was true then, the stories that are currently being put out by the Tigers and their supporters that it was Mahathaya who gave secret information about Kittu's ship and his travel plans to the Indian government must certainly be false.
The Tigers also claim that they have set up 'courts of law' in the Jaffna peninsula through which they are "dispensing justice'. If these 'courts' and the system of justice' are good enough for the ordinary people, the LTTE leadership should have the courage to put Mahathaya and his associates on trial in public before these 'courts. Let them present whatever charges they have against Mahathaya and others, submit the evidence to support those charges and let the accused have the right to defend themselves in public.
The other point I wish to raise is that, in the light of fears expressed by many including Amnesty Internationall that Mahathaya might already have been executed, he must be given
the basic human visited by the ICRC Jaffna to verify alive, and if so the he is detained. T ICRC to visit Sri police personnel w tody. Will Prabha same right to Mah
Kentan Lane, Middlesex, UK.
REFERENDU
POINT
I BEG to disag Kopan Mahadeva” any supporting sta Tamils and Muslin are united that th be merged (Tam 1993, p.29).
Any future sett sent ethnic crisis LTTE factor. It h monstrated wide a is anti-Muslim. T soul of ethnic Mus Northern Provinci by LTTE which h; term plan of wha ethnic cleansing their traditional h it is the Tamil mil the North that c between the Tam munities in the which had otherw. ful coexistence in
Therefore, it is t the Muslims in th to ensure a lasting away from the dominated by LT been living in S generations witho outburst from the ity, whereas they cally, chased out homeland by the LTTE. If a merger is only the beginn of the so-called Ta Muslims have no
Muslims in Sri I munity demandin holding the guns survive in a dem referendum provic the Eastern Provi form to demonst against the gun cui duced to their re. hailing from the N
M..
P.O. Box 741, Gadong, B.S.B. 31 Brunei.

TAM TIMES 29
tarian right to be which is present in whether he is still conditions in which e LTTE allow the Lankan army and no are in their cuskaran extend the athaya?
K. Thambiah,
M- A MUSLM OF VIEW
'ee with Professor s statement without |tistics though, that ls of North and East air provinces should il Times, 15 Dec.
lement to the precan not ignore the as already been dend clear that LTTE here is not a single im anywhere in the 2 that is controlled as executed its long it is known as the
of Muslims from omeland. Moreover, litancy hailing from reated the division il and Muslim com
Eastern Province ise been in a peacethe past.
he only way out for e Eastern Province g peace by breaking
Tamil leadership TE. Muslims have inhalese areas for ut any major racial
majority communhad been systematiof their traditional
Tamil militants - is allowed to exist it ing in the evolution mil Eelam in which place. anka is not a comg their rights by and they can only ocratic set-up. The es the Muslims in nce the ideal platrate their protest ture that was introtion by the Tamils orth.
Mohamed Nakeeb,
12,
Constitutional reforms
Finally, the Government could consider a few salutary constitutional reforms that could strengthen the peace process and further help to restore mutual trust and confidence among the communities.
For the Government, these new suggestions come at a very crucial time. The military machinery is now being streamlined to confront the threats posed by terrorism. And 1994 is the designated election year, firstly the local polls in the east, provincial polls in the south and countrywide General Elections in December. All this will undoubtedly influence the Government’s strategies.
Continued from page 27
do you like it? The Chinese too have a rationale. The Yankees are already stirring up trouble in Xinjiang, a predominantly Muslim province, bordering Kashmir. Islamic Fundamentalism is on the rise in Afghanistan, Tajikistan and Kashmir makes for a frightening scenario. An independent Kashmir, oh, you can't think of it, they say.
The Indians, the Pakistanis, the Americans, the Chinese, they all have their own respective interests in their minds and would do anything to further the same. But what about the genuine aspirations of the Kashmiris themselves? Who cares in this world of realpolitik?

Page 30
30 TAMIL TIMES
CLASSIFED ADS
First 20 words to. Each additional word sop, charge to
BOX No. 3. (Wat 17V/2% extra) Prepayment essential
he Advertisement Manager, Tamil Times Ltd.
PO Box 121. Sutton, Surrey SM13TD a Phone: 081-644 0972 Fax: 081.241 4.557 it:
MATRMONIAL Jaffna Hindu Uncle seeks suitable bride for nephew, graduate professional in U.K., mid-thirties, U.K. citizen, Mars aspected. Send details, horoscope. M 715 C/o Tamil Times.
Jaffna Hindu parents seek reasonably attractive bride, employed, not too modern, for son, 29, U.K. citizen, with major professional qualification and in good Secure position. Proposals treated in Confidence and replied/returned. M 716 c/o Tamil Times.
Jaffna Hindu sister Seks fair, attractive, professionally qualified bride, preferably doctor or accountant for accountant brother, 30, in good employment in Zambia. Send horoScope, details. All correspondence treated confidentially and replied/returned. M 717 c/o Tamil Times.
Jaffna Hindu sister seeks bride with fair education for brother, 36, British citizen, in good employment in London, Mars afflicted. Send hOrOscope, details. M 718 c/o Tamil Times.
Jaffna Brahmin brother seeks groom for fair sister in late thirties presently in Colombo. Send horoscope, details. M 719. C/o Tamil Times.
WEDDING BELLS
We congratulate the following couples on their recent wedding. Brabaakaran son of the late Mr. K. Sivasambu and Mrs. 1. Sivasambu of Ayity, Karainagar, Sri Lanka and Sumathini daughter of the late Mr. K. Maniarpillai and Mrs. Y. Maniarpillai of 32 Carob Place, Cherrybrook, NSW 2126, Australia on 26.1.94 at Cherrybrook Community Centre, NSW 2126, Australia.
Dr. lyngaran son of the late Dr. and Mrs. Vanniasegaram, of Mallakam, Sri Lanka and Sivakamy daughter of Mr. & Mrs. S. Ponniah of Thirunelveli, Sri Lanka. On 31.01.94 at the Shree Ghanapathy Temple, Wimbledon, London SW19, U.K. - 5 Guilford Street, London WC1N fDR.
Jayanta son of Mr. & Mrs. N Sivaneson of 69 Foxglov, Close, Witham, Essex, U.K and Rathi Priyadar shin daughter of Mr. & Mrs. S Ramanathan of 48 Dornto Road, Balham, London SW1. On 5.294 at Manor Park Hal New Malden, Surrey, U.K.
Vinayagamoorthy son of Mr. & Mrs. S. Balasingam of 18 Kil muir Close, College Town Sandhurst, U.K. and Kamala daughter of the late Mr. V Sivalingam and Mrs. G. Siva lingam of 17 Kampang Pinang Camp, 57000 Kuala Lumpur Malaysia on 6.2.94 at Sri Sith Vinayagar Temple, Petaling Jaya, Malaysia.
Sivakumaran son of the late Mr. K. Thanigasalam and Mrs. P. Thanigasalam of Aanaikkud. di Lane, Tellipalai, Sri Lanka and Umarani daughter of Mr. & Mrs. M. Maheswaran of 63/1
Hill Street, Dehiwela, Sri Lanka
On 7.2.94 at Miami Hall, Alexandra Road, Colombo 6. Rajmohan son of the late Mr. P. Kumarasamy and Mrs. P. Kumarasamy of Thirunelvely East, Jaffna and Prema daughter of Mr. T. Sinniah and the late Mrs. Packiam Sinniah of Nunavil West, Chavakachcheri, Sri Lanka on 122.94 at London Sri Murugan Temple Hall, LonCd'Or E12.
OBTUARIES
Mr. A.C. Nadarajah (91), Advocate, Colombo (Annai to his numerous friends and relatives) beloved husband of Easwary, loving father of Manasa (Jafna), Jayanthan (Colombo),
 
 

15 FEBRUARY 199.
Athavan (Botswana), Renuka (USA) and Sasi (UK); father-inlaw of Dr. Nadesan, Sathiadevi, Dr. Shyamala, Dr. Shivaji and Sathiabalan; grandfather of Narenthiran, Sutharshan, Dhananjayan, Abhiramy, Sanjeevan, Sangeetha and Sindhuja passed away in Colombo on 6th February 1994 and was Cremated on 9.2.94. — 1 16 HultSdorf Street, Colombo 12. Tel: 323562.
Mrs. Rasamah Appiah (92), of Kondavil East, Sri Lanka; beloved wife of the late Mr. V.
Appiah (Retd. Chief Clerk,
P.W.D. Sri Lanka); loving mother of the late Rajeswary,
Saraswathy, the late Dr. Pathmanathan, Panchalingam (M.D., POAT Eng., Nigeria),
Pusparanee, Jeyaranee, Dr.
Balasunderam (USA), Vimalaranee and Indranee, mother-inlaw of the late K. Kanagasabapathy (Bank of Ceylon), late S.
Kanagasabapathy (Shroff, Railways), Rajeswary Pathmanathan, Monique Panchalingam (France), late S. SomaSundaram (Director of Works,
Irrigation), late S. Ratnarajah (lirrigation), Shantha Balasundram (USA), Mr. Vamadevan (PWD and NRA, UK) and Lt.
Cmdr. Rasiah (retd.) (Sri Lankan Navy), grandmother of Kirupaharan (USA), Karunakaran,
Ranji Mahalingam (both of Canada), Kunam Satheesan; Dr. Nirmalakumar (UK), Pathmini Yogaratnam, Tharmakumar (Australia), Chandrakumar, Kalanithy (UK), Shamala Pangayatselvan (UK), Pascal (France), Raviraj (UK), Prabalini Gnanasagaran (Nigeria),
Sunilraj (Australia), Nimalraj (UK), Shiralini Kajendran (Canada), Uthayaraj (USA),
The late Ajit Vibulan, Anusha Pathmanathan (UK), Sanjit (USA), Anusiya, Anoja (both of USA), Vasuki de Silva, Hari Pradeep, Vamini (All of UK),
Girija, Rajeev, and Prajeev (all of UK); sister of late Mr. Rasiah (PWD Overseen), Mr. Sinadurai (Railways), Professor Kandiah and Mrs. P. Viruthasalam
(Malaysia) passed away in Nigeria on 12.1.94. Funeral rites took place in UK at 1 Sterry Drive, Thames Ditton, Surrey KT7 OYN. (Tel: 081398 6078) and the remains were Cremated at Randalls Park Crematorium, Leatherhead, Surrey On 22. 1.94. Athma Shanthi poojah was performed on 12.294 at the Highgate Murugan Temple.
The members of the family wish to convey their very sincere thanks to al relatives and friends who assisted, attended the funeral and athma Shanthi, sent floral tributes and meSsages of sympathy. They regret their inability to thank them individually.
Mr. S. Ilankainathan (71), of Sandilipay North, Sri Lanka, son of the late Mr. & Mrs. Saravanamuttu; beloved husband of Leelawathy; loving father of Urmila, father-in-law of Kuharajah (Peterborough); grandfather of Shobana and Ranjana; brother of the late Mrs. Swarn a mathy Wijayanayagam, Mrs. Ratnamathy Ratnarajah (Colombo), late Sinkainathan and the late Mrs. Rasapoomathy Patkunanathan passed away in Peterborough on 182.94 and was Crennated on 24.2.94. - 58 Ringwood, South Bretton, Peterborough PE3 9SH, U.K.
el 0.733 26276O.
Mrs. Vigneswary Thiruchelvam passed away on 29 December 1993 and her funeral took place in Blackburn on 5 January 1994. She is the beloved wife of Mr. K.M.T. Thiruchelvam (Revenue Execu

Page 31
15 FEBRUARY 1994
tive); devoted mother of Bhaheerathy (University of Dundee) and Jeyarathy; loving daughter of the late Mr. C. Vyramuthu (Emeritus Vice Principal of Vai dyesh Wara Vidiyalaya, Jaffna) and the late Mrs. N. Vyramuthu, daughterin-law of the late Mr. K.M.
Thamboo and Mrs. Thamboo, dearest Sister of Mr. V. Sambunathan (Canada), Sister-in-law of Mrs. Ranji Sambunathan (Canada), Mrs. N. Packiyanathan (Librarian, Medical Faculty, Jaffna), Mr. K.M.T.
Paneerchelvam (France), Mr.
K.M.T. Arulchelvam (Canada),
Mr. K.M.T. Kathirgamachelvam (London) and Mrs. V. Selvarani (Canada), cousin of Dr. V.E.
Packiyanathan (Australia), Mrs.
P. Sarojinidevi (France), Mrs.
A. Sivagamasundari (Canada),
Mrs. K. Ranjitha (London) and Mr. S. Vivekandan (Canada) and loving aunty of Gajendiran,
Piranavan, Gajaruban, Packiyarajah, Mohanarajah, Malini,
Nasarajah, Kumuthini, Sugaththini, Sutharsan, Suranjan,
Rahini, Subashini, Niranjan,
Sivaranjan, Inthuja, Ranuka and Sangitha.
All the members of the family sincerely thank all the relations and friends who consoled us and helped us in numerous ways when we were deeply shocked and grieved. We also thank all who attended her funeral, sent flowers and messages of sympathy and condolences. We all pray that her soul shall rest in everlasting peace at the lotus feet of Lord Shiva. - K.M.T. Thiruchelvam, 145 Ouebec Road, Lanmack, Blackburn, Lancs. BB2 7DP, tjК. Tel: 0254 55450.
Mr. Chittampalam Subramanian (91), (Orator to his numerous students, friends and e'atives), beloved husband of - aratnam, father of Kandasату (Canada), Gnaтarangini, Pathmasany (both of U.K.), Chitsabesan (Canada) and Dr. , '2 santhan (UK), father-in-law ... ', 'alini, Puvanarajan, the late
Dr. Kandiah, Kumuthini and Dr. Premila, brother of the late Mrs. Thangammah Thambapillai and Mrs. Sin na n na h Somasegeram; uncle of the late Kanagarajah and the late Velautham, Dr. S. Sothinathan (Colombo), S. Kanagasabai (master, U.K.), grandfather of Janani, Vaani, Wanni, Senthu ran, Ya mini; L og i tha, Pranetha; Thayalan, Anjali; Mahen, Mithran, Lakshman; Rishi; great grandfather of Sangeeth passed away in St. Albans, U.K. on 18.2.94. Cremation on Sunday 27-2-94 at Mortlake Crematorium, London SW14 after lying in state and ceremonies at Wandsworth Town Hall, London SW18 from 9.00am to 12noon. - 101 Thanesdale, London Colney, St. Albans, Herts. AL 2 1TB. Tel 0727823 871
IN MEMORAM
in loving memory of Mr. Chelliah Sivasampu on the second anniversary of his passing away on 9th March 1992.
Sadly missed and fondly remembered by his two sons. - 15 Wolsey Way, Chessington, Surrey KT9 1XQ.
Ramalingam Nagulesu, Kaddudai, Manipay, Sri Lanka. Born: 22-6-1908 Died. 4-2-92 So sadly missed and dearly loved by his wife Nageswary,
daughter Minni and son-in-law Thillai.
 
 
 
 

TAMIL TIMES 31
In Everloving Memory of Dr. Wesley Rajasuntharam Niles f Chelmsford, Essex. Born: September 10, 1936 alled to rest: January 2, 1993
". . . Because I live, ye shall 'e also. John 14: 19(KJV). Greatly missed and Fondly membered by his loving wife Jgusta (nee Ratnayake), iam Niles, Chelvathy San2rs, Alagan Niles, Niles/ atnayake families.
FORTHCOMING EVENTS
larch 1 Feast Day of St. avid, Patron Saint of Wales.
lar. 6 Third Sunday in Lent. lar. 8 EekathaSi. lar. 9 PirathOSam. lar. 10 Sivaraththiri. lar. 11 Anma vaSai. lar. 13 Fourth Sunday in Lent. lar. 16 Sathurthi. lar. 19 St. Joseph's Day. lar. 20 Fifth Sunday in Lent. lar. 23 Eekathasi. lar. 24 7.00pm Colombuthurai ri Yogaswamigal Abhisekham nd Gurupoojah at Shree Gha
apathy Temple, Wimbledon ondon SW19.
lar. 25 FPirathOSar7).
lar. 27 Full Moon; Parnkurni 'ththiram; Passion Sunday.
lar. 31 Maundy Thursday.
At Bhawan Centre, 4A Castleown Road, London W14 HQ. Tel: 071-381 3086/4608.
Mar. 55.30pm Osho's Vision of Gita: a lecture by Swami Satyavedanta Dr. Vasant Joshi. All Welcorne.
Mar. 6 Tyagaraja — Tansen & Purandra Day. Musical Evening by Bhavan's staff and students. All MVeloOrne.
Mar. 10 7.30pm Shivarathri Bhajans, Puja & Prasad.
Mar. 11 7.45pm Karnatic Vocal by S. Shankar from India. Mar. 12, 19 and 26 5.30pm Gita Lecture Series by Sri MathOOr Krishnamurti.
Mar. 12 7.30pm Hindustani Vocal by Panchakshari Mattigatti. Mar. 13 6.00pm Karnatic Music by Students on Special Teachers' Course.
Mar. 20 6.30pm ld Celebrations. All Welcome.
Mar. 25 7.45pm Sitar by Krishna Bhati.
Mar. 26 7.00pm Bharatanatyam by Prakash Yaddagudde.
J.S.S.A.(UK) Soccer Tournament
The Jaffna Schools Sports Association (United Kingdom) holds its annual soccer tournament on Bank Holiday Monday 4th April 1994. All old students associations of Sri Lankan schools in the United Kingdom which wish to take part in the tournament are requested to send in their applications to the Hon. Secretary, J.S.S.A. (U.K.), Mr. S. Sriranjan, 61 Reynolds Drive, Edgware, Middlesex ዙቴA8 5BUl Tel: 081-952 7293 on or before Friday, 5th March 1994. For further details please contact the Hon. Secretary after office hours on weekdays & during weekends.
Mr. Aloy Ratnasingam Appointed to Community Group
Mr. Aloy Ratnasingam of The Senior Tamils' Centre, Ontario, Canada has been appointed to the Community Reference group On Ethno-Racial ACCeSS to Metropolitan Services in Canada. He will be the one Tam." ":", presentative among 23 other members of the Reference Group to advise and assist the Council Action Committee to COmbat Racism in monitoring policy implementation and eliminating barriers so that Ethno-Racial Minority and Aboriginal Communities can receive equal benefit from Metropolitan Services.
We congratulate Mr. Ratnasingam on this appointment.

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32 TAMIL TIMES
APPRECATION
Nesiah: a Gandhi of Sri Lanka
The passing away of Kunasekaram Nesiah on December 30, 1993 has taken away from our midst one of the most illustrious citizens of the north in this generation. In the field of education, politics, social service, the co-operative movement and other fields, Mr. Nesiah stood out like a colossus among his peers as well as the public of Jaffna. It could be said that he was a legend in his own lifetime.
Born in Nallur, he had his early education at St. John's College, Jaffna, where he excelled as a student. Competing with students from four continents, he won the second prize in a British Empire Essay Competition. Even in his student days he had been influenced by Mahatma Gandhi and the Indian independence movement. His dedication to national freedom as a student was such that he refused to stand up when 'God Save the King' was sung, as was customary at the school prize day. This was an unheard of and unacceptable conduct by a student those days and it is told that one of his teachers forced him up by the scruff of his neck.
His involvement with the Indian independence movement grew when he went over to Madras Christian College for his undergraduate studies. He continued his studies there and was alwarded his M.A. degree on completion of his Master's programme. This was the period when the "Quit India' movement was at its peak. Influenced by Gandhian principles, he remained a non-smoking vegetarian teetotaller, and started wearing Kadhar, the symbol of the movement and the national dress, all of which he continued till the last.
He returned to Jaffna to teach in his Alma Mater, full of the fervour of suaraj. In the early thirties, he joined the Jaffna Youth Congress with the late Handy Perinpanayagam and others, when it was one of the leading independence movements in the country.
In 1938 he proceeded to England to do his postgraduate studies in Education at the University of London. He returned around August 1939, just before the outbreak of the war in September. Having been in the thick of events in Britain, France and Denmark, when history was being made, he was in big demand to speak about the fast moving events in Europe. I recall one of his talks where, like a true historian he analysed events after the 1914-18 uvar and concluded that a second world war was inevitable. And war did come a month later and we all admired his accurate reading of current events.
Looking back to the thirties, two events come to mind which will give a glimpse of the man's character. The first is the uvay he found his bride, the daughter of Can. Somasunderam, himself a formidable and most respected person in cJafna.
Mr. Nesiah seemed to have taken a fancy (a rare occurrence in Jaffna those days) for his beautiful eldest daughter, Pushpam. Even then, forsaking the usual steps of approaching the father through the proper channels, he went straight to the man himself and told him that he would like to marry his daughter. To approach Can. Somasunderam on any subject took courage, but to ask him directly for his daughter's hand must have taken herculean courage which Mr. Nesiah possessed in great measure. In spite of his family background, education and position in life, Mr. Nesiah would still not have been considered a prize catch by a pretty girl. He did not possess the physical attributes that a girl would look for in a suitor.
Can. Somasunderam, a forthright man of few words, knew better; he summoned his daughter and without any

15 FEBRUARY 1994
preliminaries told her in front of Mr. Nesiah, 'this man Nesiah would like to marry you'. Whatever happened later, they soon got married. Pushpam readily accepted his ideas and ways of life and theirs was a happy marriage with four children, which lasted 54 years, till her demise in 1987. In the last few years of her life, Mrs. Nesiah was incapacitated and everyone in Chundikuli talked about the way in which Mr. Nesiah, now in his late eighties, personally nursed her till the last with loving care and affection.
The second concerns his faith and belief in the total equality of man. In the thirties, the Nesiahs were among the first families of the high caste Tamil community who took in a girl of the 'untouchable' caste for domestic service. There was an uproar and some neighbours even shunned their home, shy of being served tea or coffee prepared by this girl. The Nesiahs went even further and provided accommodation for students of the 'untouchable' caste, who would not be admitted into school hostels. Mr. Nesiah stood his ground and proved to the community that he practiced what he preached. It is more common today but Mr. Nesiah was 50 years ahead of his time. His example led to St. John's College and other schools opening their boarding houses to "untouchables'.
From St. John's, he had a stint as a teacher at St. Thomas', Mt. Lavinia, from where he moved on to the newly formed Faculty of Education at the University of Ceylon. On the strength of his many publications, he was hand picked for the position by the then Vice-Chancellor, Sir Ivor Jennings and Prof. Green, the faculty's first head. It was here he finally found his true calling in educating the educators, an area which he excelled.
Although, Mr. Nesiah cannot be called a politician, one would think of him a a political activist, in that from the days of the Youth Congress of the thirties, he always expressed his views on political issues both in his speeches and in his writings. He was a militant anti-imperialist and nationalist in the twenties, thirties and forties. Later, he became a friend, supporter and admirer of S.J.V. Chelvanayagam, but did not hesitate to speak against the Vadukoddai Resolution in which the Federal Party voted for separation. Mr. Nesiah remained close to SJV, who often went to him for counsel. Even in recent years when dissent was unacceptable and dangerous, he aired his views, particularly his opposition to violence without fear or favour. He was very outspoken and never flinched from calling a spade a spade. In the absence of government writ in the north, when approached by the powers that be to do their bidding. Mr. Nesiah was probably the only person who would defy them and get away with it.
In the last years of his life his identification with particular political groups receded and he was increasingly seen as a highly respected senior citizen of Jaffna. Always sought after for public meetings and functions, he would lend his presence if he felt the cause was right. People needed him, as his presence on the podium lent dignity and credibility to a particular meeting at a time when people did not know where to turn. Mr. Nesiah was to many people in Jaffna, especially to the intellectuals, a sort of touchstone on which they would test their own views and stands.
With his demise at the ripe old age of 92, we can truly say that the country at large, the Tamil people especially and the Jaffna community in particular, have lost a leading light, a man of great courage and character, a humble and simple man of tremendous stature. Such men are thrown up once in a generation and we may not see the likes of him for some time to come. I was privileged to know him and of him to rub shoulders with him to call him my guru and friend and I consider this a duty and honour to pay him this tribute. Dr. E.S. Thevasagayam.

Page 33
15 FEBRUARY 1994
CRM Warns of “Big B
Syndrome
The Civil Rights Movement of Sri Lanka has accused the government of trying to become a totalitarian big brother by imposing emergency regulations to register and monitor the working of all independent nongovernmental organisations.
In a press statement, the CRM said the government's decision to implement the NGO Commission report through emergency laws rather than parliamentary and public debate, was a move that CRM considered to be hasty and obnoxious.
The CRM said:
The surprise news of the making of emergency regulations providing for the monitoring of non-governmental organisations is disturbing in the extreme. The Civil Rights Movement will make a study of this move after examining the text of the regulations, which is not at present available. In view of the gravity of the issue, however, the Working Committee of CRM is expressing its preliminary reaction on the basis of information available in the official press release.
The new provisions are obnoxious both on account of the manner of their coming into existence, and their subst
Ce.
Emergency regulations mean bypassing the regular legislative procedure, thereby precluding not only consideration by parliament - the normal law making body - but also public discussion and debate. The reason given in the official press release is that “the enactment of legislation is going to take time'.
This is exactly the point. Time to discuss proposed changes is the very essence of the democratic process. Its denial by resort to emergency powers is permissible only to meet exceptional situations related to public security which can hardly be the case here. A mass of ordinary laws and far
Tamil Pages '94
Tamil Pages '94, the first national directory of Tamil enterprises - commercial, cultural etc., will be launched on Saturday, 12th March 1994 at 7.00pm. His Worship, the Mayor of Lewisham, Cllr. Sinnamani will be the Chief Guest On this OCCaSiOn. The Whitgift branch of Abbey Life, Croydon in Surrey is sponsoring the launch.
The compilers of this directory hope to produce a similar version for Europe, ዘገ 1995.
reaching emerg already exist to il with any breaches ted by NGOs. In t the report of the N Inquiry has itself n able for public s hasty implemental told are some of it
As for substance does not specify th governmental or states that funer and cooperative so Presumably, there other association which do not form of government. Re compulsory if the any such body ex addition, monitorin disbursements by cial is imposed Rs.100,000 a year. and particulars of disbursements art names and addres, closed.
This is a most s with the free funct tions and therefore association and who make donat causes (which ma popular from a gC view) have the rig mity; they may fea that its breach mi misation. Recipient are similarly entit (subject to reason such as those relat
The basic premi which treats all organisations as li in activities preju security etc., will il of services by suc. the detriment of a society.
Continued from pa
Social Services wh nated authority fo receipts and disbu bility for applying furnishing of aud accounts is upon t The statement of dicating the ass should also discl
money, goods or s

-a a
TAMIL TIMES 33
rOther”
ency regulations nvestigate and deal of the law commithe present instance NGO Commission of ot been made availcrutiny before the tion of what we are s recommendations. , the press release e definition of “nonganisations', but all benefit societies Icieties are exempt. fore, it applies to all is and groupings part of the structure gistration is made
yearly receipts of ceed Rs.50,000. In ng of all receipts and a government offi
if these exceed Sources of receipts, persons to whom 2 made (including ses) have to be dis
serious interference tioning of Organisawith the freedom of expression. People ions to legitimate y however be unovernment point of ht to choose anonyr (often with cause) ght result in victits of disbursements led to their privacy able existing laws ing to taxation). se of the measure, non-governmental kely to be engaged dicial to national nhibit the provision h organisations, to Free and democratic
It is curious and tragic that such a mindset, reminiscent of the concept of some big brother to watch over all activities, should manifest itself in present times, which have seen the dismantling of totalitarian regimes elsewhere.
CRM has been engaged in this task since 1971, under successive governments. These years have seen periods of insurgency, strikes, massacres, civil strife, terrorist violence, large-scale "disappearances and extra-judicial killings. They have also seen the most atrocious and draconian emergency regulations, which CRM and other organisations have monitored and criticised. Yet never, during all these travails, has there been an attempt of this nature to interfere with the free functioning of independent organisations. That it should take place at this moment, when many felt we were approaching a period of normalcy at least in part of the country, is particularly alarming.
Yogi, Now a Cricket Coach
Yogaratnam Yogi, the General Secret
ary of the now disbanded Peoples Front of Liberation Tigers (PFLT), the political wing of the LTTE, and a frontline leader of the Tamil Tigers, who was reportedly detained and interrogated for conspiring along with Mahathaya to eliminate the LTTE leadership has been freed.
Yogi, a keen sportsman in his younger days, who now lives as an ordinary civilian in Jaffna, has taken up a new assignment as a cricket coach in his old school, Jaffna Hindu College.
It is reliably learnt that the leadership had told him that his services would no longer be required for the organisation, but had been released on condition that he would no longer participate in any political or semipolitical activities and that he should not leave the Jaffna peninsula for the next five years.
nge 11
o is to be the desigor the monitoring of rsements. Responsifor registration and lited statements of he NGO concerned.
accounts while inets and liabilities ose all receipts of ervices, the sources
from which they were received, all disbursements made, the names and addresses and other particulars of persons to whom such monies or goods were disbursed.
Failure to comply with the regulations and their requirements will constitute an offence, and upon conviction by a High Court, the officials of an NGO are liable to imprisonment for a term not exceeding five years and to a fine not exceeding Rs.50,000.

Page 34
34 TAMIL TIMES
PERMA
INTERNATIONAL 13 Burnley Road, London NW101ED
வெளிநாடுகளுக்குப் பொருட்களை
அனுப்ப எம்மை நாடுங்கள்.
Tea Chest to Sri Lanka E9 Other Goods C2 per cu.ft.
Our new service includes bonded Warehouse,
one stop customs baggage examination anc
clearance, all island delivery Services, Custome advisory Service & assistance.
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Applications for: Early Visas for those in the Home Office
asylum backlog fir Extended Stay/Permanent Residence
Visas for Elderly Parents, Wives,
Visitors, Students Citizenship Also Appeals
Nearly 500 Tamil clients acted for up to now
“冤 Phone/Fax: Tony Paterson 2TERSON On 081-748 8532
 

15 FEBRUARY 1994
HARTILEY COLLEGE
PAST PUPILS ASSOCIATION (UK)
INVITATION TO ALL HARTLEYITES LIVING IN UK & EUROPE
HCPPA(UK) branch has had a very successful year during 1993 in promoting and fostering fellowship among Hartleyites living in the UK. In addition it has made generous contributions towards the welfare of the college and sports activities in Point Pedro. Sponsorship of a scholarship program for outstanding students is currently underway.
HCPPA organised three social events during 1993 including a Kalai Villa, a Gala Day and an Annual Dinner. In addition HCPPA sponsored Hartley College cricket and football teams for the JSSA(UK) tournaments held in London. Three newsletters and a membership directory were also published during 1993. The association also coordinated activities between HCPPA branches in Point Pedro, Colombo, Canada and Australia.
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We would like to increase our membership base to include Europe. Consequently we are inviting Harleyites living in UK & Europe, who are not members of the association to join the HCPPA(UK) and increase our membership base and effectiveness. Annual membership fee is £10. Please contact President or Secretary for further details at either of the addresses shown below.
President: Secretary: Dr. K. Sivakumaran Mr. P. HarriChandiran 60 Blakes Lane 77 Tintern Way New Malden Harrow
Surrey Middlesex
KT3 6NX HA2 ORZ United Kingdom United Kingdom
Home Tel: O81 949 2614 Home Tel: O81 248 0510
ALL CLASSES OF INSURANCE ARRANGED
ár Private and Commercial Motor Vehicles
A Shops
Home Contents
A Buildings k General
Mortgages arranged First time buyers welcome
Contact
J. KULENDRAN Beddington Insurance
service (Wimbledon) td.
157A Hatfield Road, 96 Sudbury Avenue, Wimbledon, North Wembley, London SW 19 3TU Middlesex HAO 3BG
Te: O81-543 5181 Te: O81-9049686

Page 35
15 FEBRUARY 1994
GLEN EXPRES
Nottin .155 ہے۔
IATA
London
TEL: O71 221 3498
LONDON TO:
COLOMBO Until 30 Apr
COLOMBO VIA DUBA v O8 Jan-16 M 17 Mar-O1 A 15 Jun-14 J 15 Jul-14 Se 15 Sep-30 S
COLOMBO VIA KUVVAT Until 30 Jun
MADRAS/TRICY/TRIVENDRUM/- Until 30 Apr
DIRECT WITH STOP IN COLOMBO Until 30 Apr
SINGAPORE WITH STOP IN 08 Jan-16 N COLOMBO 17 Mar-O1 A 15 Jun-14 J 15 Jul-14 Se
SYDNEY OR MELBOURNE VIA COLOMBO 08 Jan-30 J SINGAPORE AND KUALA LUMPUR 01 Jul-14 Sé
SYDNEY VIA COLOMBO & 08 Jan-30 J SINGAPORE 01 Jul-14 Se
ALL MAJOR CRED
COMPETITIVE FARES TO OT
 

TAM TIMES 35
g Hill Gate, W11 3LF
FAX: O71 243 8277
ONE WAY RETURN
ADULT CHILD ADULT. CHILD
£272 £167 Բ485 £295
lar 8, 02 Apr-14 Jun 340 221 485 328
pr £360 £234 £525 £255 ul E350 228 E58O 392 2p E360 E234 645 435 јер E340 515 .221 348
£245 £169 £385 £263
£280 £172 £425 £260 350 220 S500 304
lar & 02 Apr-14 Jun 525 360 pr 565 387 ul 590 402 эр £655 £445
un & 15 Sep-30 Sep 460 318 910 616 ер 500 345 93O 630
Jn & 15 Sep-30 Sep £470 £318 £915 £631 ер 500 345 935 645
IT CARDS ACCEPTED
HER DESTINATIONS AVAILABLE

Page 36
SHIPPING AIR FF TO COLOMBO AND OTH
PERSONAL EFFECTS, HOUSEHOLD GO! Appointed MAIN AGEN
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SpEÇlia' ') yw fares ta: LI MADRASTRWENDIR LUMTRICHY t心
(No Stop im Colambo) E 425.00 S COLOMEC):
AIR LANKA, է 435, (II) A. GULF E 105. KUWAIT է 335 Լյն
EMIRATE 435.{》() M Plaase Contact for Other destinië til) 13 T
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(A) Shipping Tea Chest 8.95
1 (CLu.ft, 198
(B) Airfreight- Competitive Rate (C) Air Ticket- Competitive Fares
To Sri Lanka Try us and see the difference
Trico International Fwd) Ltd., Stuart House, 1 FiWer Park Foad, LOIdO I N22 4TEB Te: OB1-888 8787 Fax: OB1-8895445
 
 
 
 
 
 
 
 
 
 
 
 
 

REIGHT TRAVEL
ER WORLWIDE DESTINATIONS
3DS, WEHICLES AND MACHINERIES
T. fOT AIR LANKA
Ccompanied Baggage
Iw Unaccompanied Baggage rates ¬ܨܠ COLOMBO:
a Freight --- E900 per Tea Chest
---- E 2.C per çu. fl.
r Freight - E 30.00 per Okg.
El 15 for additional Kg. |
NDRAS ---- 15 per Kg. RWENDRUM - e 18O per Kg.
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All goods are lodged in Todern, fully computerised, Borded warehouse (outside the Por providing speedy are-stop cearance and delivery facilities Inc. Wharf clerks involved. Ceylon Shipping Lines, 2941 (D.R. Wewardena hawaha, Colombo 10, Tel: 4329945
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Special rates for shipping entire House furniture and good ". Goods collected within the UK at a nominal charge. Pianos (New & Used) and all Duty Free goods supply
Travel Agents for Air Lanka, Kuwa: Emirates, Gulf Air, Air France, KLM, Royal Jordanian, PIA and Balkan Airlines.
Katunayake International Airport Duty Free Shopping Guide available to our Customers and permissible duty Free allowance on goods shipped.