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15 AUGUST 1994
I do not agree with a word of What you say, but I'll defend to the death your
ight to sa
ISSN 0266-4488
Vol.XII No.8 15 AUGUST 1994
Published by
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CONTENTS
Peoples Alliance Triumphs. . . . . . . 4.
Desire for Change - Key to Opposition Victory. . . . . . . . . . . . . . 8
North-East Merger, a Must to Solve Ethnic Problem. . . . . . . . . . . 9
Election Campaign Review. . . . . . 10
The Re-invention of Democracy in Jaffna. . . . . . . . . . . . . . . . . . . . . 14
Elections: A Change is Salutory... 17 A Divisive Strategy Forced
On Tamils. . . . . . . . . . . . . . . . . . . . 18
Negotiating a Moral Peace. . . . . . 21
Secession, Nationalist Guerrilla
Movements and Peace. . . . . . . . . 24
Sub-Continental Scene. . . . . . . . . 28
Australian News Letter. . . . . . . . . 33
A
The recent gener, recent times. It bric National Party (U. majority of seats. Kumaratunga has something strang the people expres who led the electic of the UNP before the people have u and the party he le Will Chair its me portfolios, namely Country. He will pa of his political opp OSe Of the Presi The fundament: imposed upon th, brought into sharp Which has been t ministerial positio processes without responsibilities to him. This is an ou perpetuated.
Then there is a results fron Presi While at the same basic principles li apply to any form be expected from Or parties which h agreed set of pol penalty for any br
How Can One responsibility will t the position of bei Composed by his tial palace and gC Executive Commi with his party co Colleagues? Surel party Colleaguest fO Confidential di Otherwise, if Mr. V breaChes Collectiv machinery or san prevent him conti The fact that Mt election to be he, Situation. While be the PA WhiCh iS li from platforms w parliament opposi Course of his camp respect of the poli which he heads participating in the pOSition to use all throwing overboar And yet he will cor, hand, if the prese, One will Witness t battling it out den the other nenbe appearing on Mrs government and C What an unapp Constitution and h the interest of the must resign.
 
 
 
 
 

TAM TIMES, 3
SPY IN THE CABINET
al election in Sri Lanka was one of the most keenly fought in ought to an end the unbroken seventeen year rule by the United NP). The Peoples Alliance (PA) and its electoral allies won a A new government under the Premiership of Mrs. Chandrika s been formed. A long overdue change. However, there is 2 about this government. It is not headed by a leader in whom sed confidence at the recent election. It is headed by the leader on campaign on behalf of the defeated UNP. He was the leader the election and he still continues to be its leader. Even though Inmistakably expressed their no-confidence in the government 2d, President Wijetunga still heads the Cabinet of Ministers. He etings. He even holds one of the most important cabinet the Minister of Defence in charge of the armed forces of the articipate in the deliberations of the Cabinet which is composed ponents from a party with different policies and priorities from dent's party. ally undemocratic element in the executive presidential system e country by former President J.R. Jayewardene has been relief in the wake of the recent election. A leader of a party hrown out of power is permitted to head a government, hold n, participate in cabinet deliberations and decision making any direct accountability even in respect of his own ministerial parliament composed of a majority of Members opposed to trage that no democracy worthy of its name can permit to be
fundamental contradiction and conflict of loyalty that directly dent Wijetunga's unique constitutional position in the cabinet time being the leader of the opposition UNP. There are some ke confidence, trust and collective responsibility that should of cabinet government. The adherence to those principles can those Ministers of the Cabinet who belong to one political party ave agreed to work together as a Coalition based on certain icies. The strict adherence can be enforceable because the each would be dismissal from the Cabinet.
expect that the principles of confidentiality and collective be observed by a Minister who belongs to, and in fact occupies ng the leader of the main party of opposition to the government Cabinet Colleagues? When Mr. Wijetunga leaves his presidenbes to Sri Kotha, the UNP headquarters, to preside over the tee meeting of the UNP, can one be sure that he will not share leagues the confidences entrusted to him by his cabinet y, there must develop a temptation at least on the part of his O use him as a spy in the cabinet to obtain information relating scussion in the cabinet. Whether willingly, consciously or Wijetunga betrays the confidence of his cabinet colleagues or e responsibility, there is nothing that others can do. There is no ction, constitutional or otherwise, which can be employed to nuing with his offending actions. ... Wijetunga is the UNP's chosen candidate in the presidential ld Within the next Six mOnthS results in anOther anOrnalous hing President and member of the cabinet mainly composed of kely to put up a candidate of its own, he will be campaigning ith the assistance of UNP stalwarts who are presently in ng the government which he himself heads. Perforce, in the paign, he will be denouncing the PA dominated government in cies which have been decided and acted upon by the cabinet and of which he is a member. Having been an insider cabinet's deliberations, he will be in a uniquely advantageous the information he has gained as a member of the cabinet d the principles of confidentiality and collective responsibility. tinue to be in the Cabinet until the election is over. On the other ntly chosen PA candidate, Mrs. Bandaranaike, also contests, he curious spectacle of two members of the same cabinet puncing each other from different platforms. And presumably rs of the cabinet including the Prime Minister also will be . Bandaranaike's platforms attacking the head of their own abinet! pealing situation in which former President Jayawardene's is executive presidential system has landed Sri Lanka in? in health of the country's political system, President Wijetunga

Page 4
4 TAMIL TIMES
Peoples Alliance Triu Chandrika is Prime Min
19 August - The swearing in of Mrs. Chandrika Kumaratunga as Prime Minister and her cabinet this morning marked the end of the road for the governing United National Party (UNP) which had dominated the political landscape of power and influence in Sri Lanka for the last seventeen years. To have presided over such a ceremony must certainly be an embarrassing experience for President Wijetunga, who is also the leader of the UNP which was trounced at the parliamentary election held on 16 August by the main opposition Peoples Alliance, of which Mrs Kumaratunga is the deputy leader. Mr Wijetunga and the UNP gambled on a premature parliamentary election and have paid the price.
The urgency and significance that Mrs. Kumaratunga and the Peoples Alliance attach to the ethnic question and the ongoing war is demonstrated by the fact that she will be in charge of the newly created Ministry of Ethnic Affairs and National lntegration in addition to being Prime Minister and Minister of Finance.
In keeping with the promise made during the election campaign, the cabinet is composed of just 22 Ministers. Noteworthy of special mention in the cabinet are the former Vice Chancellor of the University of Colombo, Professor G.L. Peiris who becomes the Minister of Justice and Constitutional Affairs, and the veteran lawyer Mr. Lakshman Ka dir ga mar w h o has been appointed Minister of Foreign Affairs. The former Prime Minister and leader of the PA and the SLFP and the designated PA candidate in the forthcoming presidential election, Mrs. Sirimavo Bandaranaike is also included in the cabinet as Minister without portfolio.
Remarkable Victory
The Peoples Alliance victory at the election constitutes a remarkable achievement given the fact that (a) parliament was dissolved without much notice and election called suddenly giving little time for the opposition Peoples Alliance to get its act together, (b) the government deployed all the strength of the state machinery at its disposal to fight the
election, (c) the S
chauvinist forces Jayasuriya, Madi Thero and the lik Mahajana Eksath l Dinesh Gunaward campaign on the b: by striking an all SLMC was betray land, the race and the PA under the le Kumaratunga was basis that it was Sinhala and Buddhi the territorial integ the country by g devolution for the N Despite the rhet both the ruling UN opposition Peoples each were going to victory over the ot in which there wa turnout except the proved to be a cliff last vote was count Alliance, a coalitior parties, but mainly Sri Lanka Freedon
T
D.B. Wijetunge – Pi
Chandrika Kumarat Planning and Ethni
Mrs. S. Bandaranail
Ratnasiri Wickrema Lakshman Jayakod Bernard Soyza - Sc D.M. Jayaratne - A Mahinda Rajapakse A.M.M. Ashroff – Sł
Anurudha Ratwatte Dharmasiri Senana Kingsley Wickrema C.V. Goomaratne –
Richard Pathirana - Nimal Siripala Silva Mangala Samarawe S.B. Dissanayake - Amerasiri Dodango
Srimani Athulaithm Affairs
G.L. Peiris - Justic
Fowzie - Health an Lakshman Kadirga Indika Goonawarde

15 AUGUST 1994
mphs İster
Sinhala-Buddhist led by Gamini he Pannaseeha e including the Peramuna led by ene mounted a asis that the PA liance with the ing the motherreligion, and (d) adership of Mrs. attacked on the going to betray sm and threaten rity and unity of ranting greater Northeast.
orical claims by P and the main : Alliance that win a landslide her, the election as a high voter north and east, hanger until the ed. The Peoples n of ten political composed of the n Party (SLFP),
Lanka Sama Samaja Party (LSSP) and Communist Party (CP), obtained 105 seats and the PA's electoral allies, the Sri Lanka Muslim Congress (SLMC) and the Upcountry Peoples Progressive Front (UPPC) obtained 7 and 1 seats respectively, thus giving the IPA and its allies an overall single seat majority in Sri Lanka's 225 seat Parliament... The Tamil United Liberation Front (TULF) which obtained five seats and the Democratic Peoples Liberation Front (political wing of PLOT) which won three seats have already declared their intention to support a government led by the PA thus ensuring it a working majority in parliament.
The UNP which had 125 seats in the outgoing parliament managed to win 94 seats.
UNIP MaChinations
Even as the results were being announced overnight, district by district, it was becoming obvious that the UNP's virtual one-party rule was coming to an end. In the districts in which the PA won, the majorities were quite substantial whereas in those where the UNP managed to win the majorities were rather slender. In fact the PA won in all 22 electoral districts except in six where the
he New Cabinet
esident - Minister for Defence and Buddhist Affairs
tunga - Prime Minister and Minister for Finance and c Affairs and National Integration
ke - Minister without Portfolio nayake - Public Administration and Plantation Affairs y - Cultural and Religious Affairs ience Development and Human Resource Development griculture, Land and Forestry Conservation
- Labour and Vocational Training hipping, Ports and Rehabilitation - Irrigation, Power and Energy yake - Information, Tourism and Aviation singhe - Trade, Commerce and Food Industrial Development - Education and Higher Education
- Housing, Construction and Public Utilities
era - Posts and Telecommunications
Youth, Sport and Rural Development da - Home Affairs, local Government and Co-operatives Idali-Transport, Highways, Environment and Women's
2 and Constitutional Affairs d Social Services mar - Foreign Affairs !ne - Fisheries and Aquatic Resources

Page 5
15 AUGUST 1994
UNP won thanks to Mr. Thondaman and his Ceylon Workers Congress (CWC) where there were substantial concentrations of voters belonging to the Tamil speaking plantation workers. If not for the CWC, which went into the elections in alliance with the UNP, and its leader Mr. Thondaman, who still continues to have a stranglehold on the affections of the plantation workers because of his dedicated service to them, the UNP would have most likely faced a virtual rout at the polls.
In spite of the fact the UNP was trailing behind the PA as the results were being announced, the UNP leadership which was fearing the loss of power began to indulge in horse-trading with other minority parties. Even as the President was addressing that he would respect of the verdict of the people and act constitutionally, overtures were being made behind the scenes to the TULF and the PA's ally, the SLMC. Gamini Dissanayake, who has gained a reputation of being a friend of the minorities, was deployed to speak to the TULF., Rukman Senanayake and the presidential Secretary Mr. Wijedasa sought to convince the SLM C l e a der Mr. M.H.M.Ashroff as to why his party should support the UNP although the SLMC contested the election on the basis of an electoral pact with the PA. It is learnt that Mr. Wijedasa had indicated to the SLMC leader that President Wijetunga would like to 'discuss matters' with him to which Mr. Ashroff would appear to given a curt reply that he would talk to President after the new government was formed under the Premiership of Mrs. Kumaratunga. Even offers of cabinet portfolios accompanied by a sack full of millions of rupees could not buy the SLMC to back the UNP to continue in power.
While some UNP stalwarts, who were reluctant to relinquish power, approached some leading members of the PA with view to persuading them to form a “national government, it is learnt that the only person who acted like a 'gentleman' was the incumbent Prime Minister Mr. Ranil Wickremasinghe who, af. ter sending a congratulatory message to Mrs. Kumaratunga, advised the President Wijetunga to appoint her as Prime Minister without delay. The Prime Minister told a press conference in Colombo that he would vacate his official residents, "Temple Trees', before Mrs. Kumaratunga
was sworn-in, a have elected a pa the current tren administration v pared to accept
democratic systel
It is reliably l diplomats had cc ermments” views jetunga that he verdict at the ele smooth transfer Peoples Alliance Kumaratunga a: without delay to tainty.
Chandrika Asse
Sensing Preside luctance, Mrs. spatched a letter ti commanded the majority in parli called on him to as right and that oft next government. while he agreed to on keeping to hir and Finance Minis
Under the con presidential syste the President appo ministers includ Minister. It is th heads the cabine meetings. The appropriate to him he wants. He can miss any member appoint new mini this system, that P ga, up to this time several cabinet po that of the Ministr situation did not cr up to now becau happened to be t party, the UNP, majority in parli UNP has lost its n ment. Although hill defeated at the elec lost the confidence will not only hea posed of his oppon wants to hold on posts of Minister Defence. It is le Kumaratunga has accept the position holding on to ir portfolios, particul Ministry, as he has What looked like : stitutional crisis se averted by a co which the Preside portfolio of Defen Affairs.

TAMIL TIMES 5
ld added, "People liament reflecting s. I wish the new ell. We are prehe duties that a
requires'. arnt that foreign nveyed their govto President Wihould respect the ction and effect a of power to the and appoint Mrs. Prime Minister emove any uncer
rts Her Claim ht Wijetungaʼs reumaratunga dehim claiming she onfidence of the ament, and later sert her claim and he PA to form the It is learnt that, do so, he insisted nself the Defence
stries.
foluted executive m in Sri Lanka, ints the cabinet of ling the Prime e President who t and chairs its President could self any Ministry unilaterally disof the cabinet and sters. It is under resident Wijetunhas been holding rtfolios including y of Finance. This eate any problem se the President he leader of the which had the ment. Now the ajority in parlias party has been tion, and thereby of the people, he a cabinet coments, but also he o the important of Finance and arnt that Mrs. flatly refused to of the President portant cabinet (rly the Finance done in the past. n emerging conms to have been npromise under ht will hold the e and Buddhist
If Wijetunga does not relent and accept that he and his party have been defeated although he is still the President, it will turn out to be a recipe for a standoff between the parliament and the presidency. The parliament may flex its muscles by blocking any monies being passed to run the presidency. Being a lameduck president who has no hope of winning at the next election to be held shortly, there is every chance that Wijetunga will mot be able to exercise the power and authority exercised by his predecessors.
Urge for Change
After the turbulent seventeen year rule by the UNP which was characterised by ethnic conflict, islandwide outbreaks of communal violence, the JVP insurgency and the counter-insurgency repression, corruption, abuse of power, suppression of democratic and human rights, political victimisation and a whole host of other misdemeanours, and not forgetting the continuing war in the northeast, the people wanted a change of government. Substantial sections of the population, including those who would have been regarded as the natural supporters of the UNP, had turned against it and wanted a change.
An indication of this urge for change was reflected in an open appeal to the voters made by over 80 intellectuals including professors, scholars, university teachers, doctors, lawyers and other professionals. The appeal said:
"This will be the occasion for the Sri Lankan people to declare their verdict on the UNP Government which has been ruling the country for the past seventeen years. The experience under the UNP regime has been characterised by continuous erosion of democracy, der deterioration of human rights and fundamental freedoms, escalation of the ethnic conflict and the prolongation of the war in the North-East, it widening of economic and social disparities, large scale and pervasive corruption, and år shameless abuse of state power as demonstrated recently by the Presidential pardon for criminal elements.
"A change of government is absolutely necessary for the renewal of the democratic process and the creation of new political
Continued on page 6

Page 6
6 TAMIL TIMES
Continued from page 5
space for democratic governance and social well-being. ...Vote PA on August 16 to ensure democratic renewal in Sri Lanka'.
There is no doubt that the person who turned out to be the architect to mobilise the vast mass of people who wanted that change is Mrs. Chandrika Kumaratunga, the deputy leader of the Peoples Alliance. Although the 78-year-old Mrs. Bandaranaike is the leader of the PA, she let it be known that she was deputising her daughter to lead the PA campaign, and that if the PA won, that Mrs. Kumaratunga would become Prime Minister. And Mrs. Kumaratunga, in spite of the several reported security risks to herself, led the PA campaign addressing hundreds of meetings all over the country. The PA owes much of its success at this election to the campaigning skills of Mrs. Kumaratunga.
Violence & Security Measures
Though the campaign in the run up to the election was marred by acts of violence, including the murder of at least 20 persons mainly belonging to the opposition, the election itself passed off amidst a tense atmosphere but peacefully without any major incidents of violence.
However, fearing outbreaks of violence in the aftermath of the election, President Wijetunga reimposed a state of emergency that lapsed last month after eleven long years. The security forces and the police were given extraordinary powers to deal with any possible violent incident and law-breakers. Soon after close of poll, a nationwide
33-hour curfew v followed by anoth and indefinite nig Vent movement O contribute to the lence. Approxima and security serv deployed to patro. of towns, citie Wednesday and 19 August) wer holidays with a vi of the people ho the sale of alcoho been imposed to beginning two day the election.
Many of those opposition who si and thuggery at UNP during its r revenge against and the security has thus far pr crudescence of vi any major scale.
However, on th tions and previous reports of incident attempted vote-ri, one report in whic government mini official vehicle at town close to Col before the electic minister, Mr. Ac assistance of a gi reported to hav opposition support was proceeding to of the assault to again set upon by beaten up until minister was take later released on magistrate.
In the days pri
Jaffna District - 1994 Electio
Electorate
WOterS
Kayts 45504 Waddukoddai m K.K.S. 60417 Manipay 58.392 Kopay 56496 Udupididy 52153 Point Pedro 40336 Chavakacheri 51717 Nallur 62372 Jafna 50.045 Kilimochi 55995
Total Votes
Registered Votes Cast
11263 584
121 12
57
8
34 79 19
1208 66
13,451

15 AUGUST 1994
as clamped down 2r 24 hour curfew ht curfews to prepeople that might
outbreak of viocely 50,000 police ce personnel were the empty streets s and villages. hursday (18 and declared public w to keeping most nebound. Ban on lic beverages had last for a week s before the day of
belonging to the uffered repression the hands of the egime had vowed their opponents,
measures taken evented any replent incidents on
2 day of the elecly there had been is of violence and gging. There was h a gang led by a ster attacked an Jaela, a suburban ombo. A few days on a government (hikari, with the ang of thugs was re assaulted an er. As the victim report the matter che police, he was the minister and he was dead. The n into custody, but bail by the local
or to the election,
over 1500 complaints of violence, mainly directed at the opposition, including assault, harassment, intimidation, burning of houses and shops were reported.
Whither the UNP2
Even before the elections, and within one year following the assassination of former President Premadasa, the UNP had displayed serious signs of disunity and disintegration. Lacking any leadership qualities or organisational qualities, the aging leader of the UNP Mr. Wijetunga is bound to face a challenge to his leadership of the party particularly following this electoral debacle even before the next presidential election which is due before the end of this year. Normally one would expect the present Prime Minister Mr. Ranil Wickremasinghe to succeed to the leadership. But Ranil no match to the veteran UNPer Mr. Gamini Dissanayake who found himself in the political doghouse put there by former President Premadasa during his time. Gamini’s re-entry into the UNP’s hierarchy has been the cause of much apprehension and displeasure amongst traditional Premadasa supporters. However, Gamini is capable and ambitious, and he is bound to stake his claim for the mantle of the UNP's leadership, particularly after the good showing by the party in the election in the Kandy district which is his base.
Besides the internal fighting and leadership rivalries which are bound to tear the UNP party apart, the many well known supporters who gravitated to the UNP merely because it was in power and hence able to dispense patronage, including
on Result - EPDP:9 seats, SLMC; 1 seat
EPRLF SLMC Ind. Group Ind.Group 2
1 (EPDP)
231 819 235 99.78
· 5 43 536 9 4 15 93 m m 8 4
ars 17 40 1. 1. 1 5 m 31 3 - 62 2 53 2 M 9 8 7 1151 O 40 2 1. 9 252 2,042 371 10,769

Page 7
those who became rich and powerful during the UNP's long tenure in government, are likely sooner than later to abandon the party altogether.
If the PA, as promised in its election manifesto, were to appoint a permanent Bribery Commission with terms of reference to investigate allegations of corruption and bribery dating back to the beginnings of the UNP rule in 1977, many of those who held ministerial positions during the UNP regime, including some of those who have been elected this time, are likely to become targets of such investigation. It is political power that protected them up to now. Life in the opposition offers no such protection. The UNP is in for a hard time.
Elections in the Northeast
As expected, the election held in the Jaffna peninsula turned out to be farce. The Tamil Tigers control most of Jaffna and no sooner election was announced, they made their intention of not permitting the election to be held in the areas under their control. Because of the Tigers' hold on the civilian population, there was no chance that the people would go out and vote disregarding the boycott ordered by the LTTE.
In fact the LTTE did not even allow the chief government official representative in Jaffna, the Government Agent Mr. Manikkavasagar, to travel to Colombo in time to receive any instructions from the government or the Commissioner of Elections as to the conduct of the election.
The Supreme Court challenge insituted by the TULF against the holding of the election in Jaffna was turned down and objection made to the government by the TULF and the EPRLF went unheeded. In the event the election was held with polling facilities provided only in areas controlled by the security forces - the off-shore islands and the coastal strip of land on the north of the peninsula.
Out of a total of approximately 550,000 registered voters in the Jaffna district, only 13451 votes were cast of which 11263 were from the island of Kayts. The extent to which the election in Jaffna was flawed is shown from the table appearing on this page.
In this flawed election area, the main beneficiary has been the Eeelam Peoples Democratic Party
(EPDP) led by Dou The EPDP has bee with the security fo against the Tiger forces have with th government given thority to control a nistration of the The EPDP won 9 SLMC 1 seat in nonsense that pa election in Jaffna by the fact that become the third la tary party in Sri L. seats with just 107
Whether even t obtained fairly by gravely doubted be allegations by other groups that they we campaign freely in the control of the E
In the northern which includes Ma and Mallaitivu, a very low turnout 0 district, the Democ beration Front (D wing of PLOT) led b and which has astu base in the Vavu three seats and thi SLMC won one seat
In the eastern B. where the turnoul much better, the remarkable comeb three seats. The SL won one seat each. la district, which in Kalmunai, Pottuvil thurai, the UNP w SLMC two seats and Seat.
In the Trincomale four seats, UNP wo
Arms Deal W
Mr. Dharmasiri spokesman for the ples Alliance claime a's caretaker go signed a $73 millio) Russia, and he war. not honour the deal the forthcoming ele
Mr. Senanayak arms deal for armo helicopters was sig President D.B. Wij parliament and ca. tion for 16 Augu wrong for a careta to enter into a tra

glas Devananda. n working along rces in the battle s. The security le consent of the the EPDP allnd run the admioffshore islands. seats and the he district. The ssed off as the is demonstrated the EPDP has rgest parliamenanka obtaining 9 58 votes
nese votes were r the EPDP is ause there were
Tamil parties or re not allowed to he islands under PDP.
Vanni district, nnar, Vavuniya gain there was f voters. In this ratic Peoples LiPLF - political y D. Sitharthan, tely cultivated a niya area, won e UNP, PA and teach. atticaloa district, t of voters was TULF made a ack by winning VC and the UNP n the Digmadulcludes Amparai, and Sammanon three seats, the PA won one
e district, of the h two seats, and
the TULF and the SLMC won one seat each. The reason for the UNP winning two seats in this predominantly Tamil speaking district is attributed to the fact that their votes were divided among too many Tamil candidates which benefitted the UNP.
Independent Tamil Group in Colombo
None of the Tamil candidates representing the Independent Tamil Group who contested in the Colombo district under the leadership of Mr. Kumar Ponnambalam won. In fact the votes they polled could be described as derisory in the context of the number of Tamils presently living in Colombo.
In the runup to the election Mr. Kumar Ponnambalam received an unusually large measure of coverage in the national newspapers. The main plank of his group of candidates was that the Tamils should not trust or rely on either the UNP or the Peoples Alliance, and that the Tamils living in the south, particularly in Colombo must unite and show their strength by electing their own MPs. It looks as if that invitation was summarily rejected by the Tamil voters living in the Colombo district. Either they voted for one of the main parties of they desisted voting at all.
Some Tamil observers in Colombo feel that, had the Tamils living in Colombo as group struck a deal with the IPA in the same way as the SLMC did, they would have obtained a greater say with the PA leadership which is ostensibly committed to the ending of the ethnic conflict and the ongoing war in the Northeast.
With Russia
Senanayake, opposition Peod that Sri Lankvernment had arms deal with hed that it might if the PA won at ctions.
! said that the ured vehicles and ned the day after 2tunga dissolved led a snap elecit. "It is totally ker government insaction of this
nature committing the country's resources. If we come to power, we will not honour the deal without a wideranging inquiry into the propriety of the whole transaction and the procedure that was followed', he told a recent news conference in Colombo.
Although a defence ministry spokesman denied any knowledge of the deal, Mr.Senanayake said, 'We have information that a group of senior military officers signed the deal, ostensibly on a government-togovernment basis, but actually with a private Singaporean firm called Global Omarus Technology (Prvt) Ltd.

Page 8
Desire for "Chang Key to Opposition Vi
from Rita Sebastian
After 17 years in the opposition the Sri Lanka Freedom Party led People’s Alliance (IPA), made a triumphant comeback into the seats of power securing a simple majority in the 225 seat legislature for which elections were held on August 16.
In a message to the nation on state television on Wednesday (17.8.94), after most of the results had come in, President Dingiri Banda Wijetunga assured the country that once all the results were gazetted he would act constitutionally and appoint as Prime Minister the person who in his opinion commands the confidence of the house.
The President's message got variously interpreted in the public mind following behind the scenes manoeuvring by some UNP party stalwarts to woo Tamil minority support to form a government.
This however failed to materialise and by late Thursday (18.8.94), the scene was set for PA Prime Ministerial nominee Chandrika Kumaranatunga to be asked to form the next government.
Although the PA won only 91 seats and gained 14 in the national list, falling short of the required 113, its electoral ally the Sri Lanka Muslim Congress has pledged its 7 seats to the PA taking the total up to 112 Seats.
The UNP total added up to 94, with 81 seats won at the election and gaining 13 seats from the national list. The other party positions read: the Tamil United Liberation Front (TULF) 4, the Democratic People's Liberation Front (DPLF), the political wing of the PLOTE, 3, the Sri Lanka Progressive Front, (SLPF) one and the Upcountry Plantation Workers Front who contested as independents one seat.
Although the Eelam People’s Democratic Party (EPDP) which participated in a limited electoral exercise in the Jaffna district won 9 of the 10 seats in the disputed Jaffna district, there is the possibility that the Elections Commissioner using his discretion under an elections provision will declare part of the poll, both in Jaffna and some areas of the Vanni, null and void.
What this election demonstrated
in no uncertain te munal politics doe The chauvinistic M alleging that SL Ashraff had signe with Chandrika to rate homeland fo Tamil minority in the island, was com the electoral slate.
Another loser
Tamil Congress ca ombo. Ponnambala exposure in the na run-up to the elect the Tamils not to the two main Sinh body who aligns party is a traitor to he said.
Also finding no ment this time, is ple’s Revolutionary (EPRLF) who in liamentary elect
Boycott Cal
The Liberation Eelam (LTTE) h Parliamentary ge the Northeast as undemocratic and Tamil people to tions. Tamil Tiger forms of election homeland until th question is reso spokesman said.
A state of war is Northeast. Militar tions are continu scale in Tamil are: aerial bombardme attacks. Military search-and-destroy continuing in cert attacks on coastal place regularly. C in the East are harassment, intin ror. Over a milli northeast have be displaced. Sever, Tamils have fled t foreign countrie; liamentary electio east, under these illegal, unfair an the LTTE spokesm
"The determinat

e' CtOr
'ms is that comis not win votes. ahjajana
MC leader, M. d a secret pact concede a separ the country's the northeast of pletely wiped off
was All Ceylon ndidates in Colm, who got wide tional press in a ions appealed to vote for either of ala parties. Anywith a Sinhala the Tamil cause
place in parliathe Eelam PeoLiberation Front the 1989 partion contesting
under the TULF umbrella sent in 4 representatives. Overtures by the EPRLF to the TULF for a similar arrangement this time as well was met with a negative response.
The Tamil Eelam Liberation Organisation (TELO) has also been voted out. Besides the EPDP, the only other ex-militant group to win seats is the DPLF who have gone to great pains to cultivate the Vanni electorate.
For the UNP it was its electoral alliance with the Ceylon Workers Congress (CWC), led by strong man former Minister S. Thondaman that brought in the block plantation vote. Six CWC candidates contesting under the UNP banner in the upcountry plantation sector have all won their seats. One of the two CWC candidates who contested Colombo is also expected to win once the counting of preference votes is completed.
Most political analysts saw the election result not as a pro-PA win but an essentially anti-government vote. "Change' was the key word as voters switched sides in an election with a high voter turn-out of over 75%。
by Tigers
Tigers of Tamil as described the neral elections in legal, unfair and
called upon the boycott the elecs would oppose all is in the Tamil e Tamil National lved, the LTTE
prevailing in the y offensive operaing in a limited is with persistent nt and artillery round-ups and operations are ain areas. Naval areas are taking vilian population facing military idation and terin people in the an up-rooted and l thousands of India and other . Holding Parhs in the Northcircumstances is d undemocratic’, an explained. on of the Govern
ment of Sri Lanka to hold elections in the Tamil areas under the conditions of war and military occupation shows the utter callousness and insensibility of the ruling elites in Colombo to the sentiments and aspirations of the Tamil people. These actions will further alienate the Tamil population from the mainstream of democratic politics', the spokesman declared.
Commenting on the forthcoming elections, the LTTE spokesman further said that the sinister objective of the Government in holding elections in some pockets of 'controlled areas in the North was to help the pro-UNP Tamil groups to enter Parliament through a fraudulent exercise. "This is illegal and violates all norms of democratic electoral practice', the spokesman said.
Explaining the LTTE's stand, the spokesman has said that the Tamil Tiger Movement will oppose all forms of elections until the Tamil ethnic conflict is resolved. A fair and democratic election in the Tamil homeland is only possible, when the national question is resolved peacefully through political negotiations, only when the war comes to an end and permanent peace is established', he declared.

Page 9
ܥܐܠܡ-ܒܚ
15 AUGUST 1994
“North-East Merger, A tO Solve Ethnic Prob - Vasude
Vasudeva's TV Display:
Debates on television (not on state controlled, but private TV) have become a common phenomenon in the current election campaign. The Sunday Island (7.8.94) editorially commented, "Hardly was the ink dry on this column last week lamenting the lack of fun and games in the current election campaign when comrade Vasudeva Nanayakkara stormed the barricades. It would appear that Sri Lanka's television had waited all these years for Vasu to deliver it from its infantalism. With one swish of his beard, Comrade Nanayakkara, now a bornagain LSSPer, made television come of age last Monday.'
The reference was to the TV debate between UNIP's Jinadasa Niyatha pala and Vasu deva Nananyakkara contesting under the IPA banner. The governmentcontrolled Sunday Observer (7.8.94) also gave prominence to Vasu's TV display, not because it loved what he said during the debate. "Vasu Wants Tamil Demands Conceded' was its front-page heading and "Merger of North and East - Only Way to Solve Ethnic Problem' was the heading the paper gave to what it published as the substance of the debate. Vasu Betrays the Sinhala-Buddhists' was no doubt the message the Sunday Observer editor wanted to give his readers.
The following is text of the Sunday Observer's report of the debate: Peoples Alliance candidate for Ratnapura district and former NSSP leader Vasudeva Nanayakkara said that the only way to solve the North East problem is to merge the North and East where Tamils and Muslims are living predominantly into a single administrative unit.
He said this in an election debate with UNP Colombo district candidate Jinadasa Niyathapala broadcast on TNL's 'Jana Handa” television program.
Mr. Niyathapala countered that Mr. Nanayakkara's proposal if implemented will lead to a total disintegration of the country.
Mr. Nanayakkara in reply said
democracy did no right of a majorit. on a ballot paper the rights of those tute the majority. on the lines of la munity with tern tion. This is the ac principle throug world today.
Mr. Nanayakka all was not a Sinhalese. But it foster peace and u Tamil democratic by defeating the T
During his deba kara further said territorial colonies to guarantee tha Muslim ratio wou for ulterior motive areas should be n separate administ)
Fulfilment of th community conce tain region to have tration irrespecti boundaries will cat al need. There is C Sinhalese living in
Mr. Nanayakka North East is give tion or reside) attempts should change the commu duce the Tamils a minority because would only prevent problem.
"I wish to state behalf of the Peop one of the main Alliance is to allo North East to have nistration as people unit.”
When people are according to cultur colonists should ni there to change the It would be wrong such a thing. We c. an understanding Alliance is elected Nanayakkara emp
"I am not stating ly. I am blaming y making such a Nanayakkara told

TAMIL TIMES 9
Must lem”
V2
bt only mean the y to mark a cross but protection of who do not constiThis could be done nguage and comitorial consideracepted democratic hout the whole
ra said his proposbetrayal of the would rather help nity by enbabling forces to emerge igers. te Mr. Nanayakthe setting up of was the only way t the Tamil and ld not be altered s. Therefore those herged creating a rative unit. e aspirations of a ntrated in a cera single adminisve of territorial er to their nationonly a minority of
these areas. ra said when the n over for cultivantial purposes not be made to unal ratio and reind Muslims to a such an action , a solution to this
this clearly on le's Alliance that objectives of the w people of the their own admiliving in a single
living in an area al tradition other ot be introduced : communal ratio. to think of doing an arrive at such if the People's to power, Mr. hasised. g this categoricalour party for not proposal” Mr. Mr. Niyathapala.
Mr. Nanayakkara said the only way to stop the war is to merge the Tamil and Muslim areas in the North East into a separate administrative unit. The people will take a decision on this at this election. Only the poor are getting killed in this war and no damage is caused to the rich.
Mr. Niyathapala in reply said Mr. Nanayakkara's proposal would only result in the total disintegration of the country. He said every individual should have a right to live in any part of the country he wished.
"Your party (the People's Alliance) has already found the solution. You admit that the People's Alliance is planning to merge the North and East including the Ampara electorate?" Mr.Niayathapala asked Mr. Nanayakkara.
To this Mr. Nanayakkara replied that the only way to end the war is to create a separate administrative unit in respect of Tamil and Muslim dominated areas.
Mr. Niayathapala said that Mr. Nanayakkara's proposal is a total betrayal of the Sinhalese who account for 74 per cent of the population of this country. It is doubtful whether one could gain votes by betraying the Sinhalese.
Mr. Niyathapala maintained that people in the North and East too have the right to live in the South as in the case of Wellawatte.
Although some maintained that the North East was their "traditional homeland” no one could claim the right to a traditional homeland, because the country belonged to all its citizens.
The policy of the UNP is that all citizens living across the country from Point Pedro, to Dondra head and from Colombo to Batticaloa have equal rights in this country, Mr. Niyathapala emphasised.
No, Mr. Speaker
It is learnt that the TULF National List MP, Dr. Neelan Thiruchelvam, has declined the offer of the post of Speaker of Parliament made by Prime Minister Mrs. Kumaratunga on behalf of the PA. The reason behind the move to make Dr. Neelan the Speaker was that the PA wanted to retain its much needed single vote majority in parliament. For Dr. Neelan, the acceptance of the post would have meant that he would not have been able to take an active role in debates in parliament, and in moves to make progress towards a political solution.

Page 10
10 AML TIMES
Election Campaign R
- Rita Sebastian
★ Chandrika Confident of Victory COLOMBO - a definite 'no' to the
minority Tamil demand for a permanently merged northeast province. Instead, a re-demarcation of boundaries and extensive devolution of power is what is on offer from the SLFP-led People's Alliance (PA) for resolving the island's national question.
Deputy leader of the SLFP, Chandrika Kumaranatunga who led the People's Alliance campaign for the August 16th poll told a small group of journalists that she had no secret pact with Tiger leader Vellupillai Prabhakaran, but a PA win would take her to the Tiger stronghold of northern Jaffna for unconditional talks with the Tiger leadership. Any solution said Kumaranatunga will evolve out of a dialogue between the Tamils and the Sinhalese.
What if a political solution does not work out. Would her government resort to the military option?
"A sovereign state cannot sit back and watch while it is threatened, its villagers massacred, or while bombs explode. Circumstances will decide the issue' said Kumaranatunga.
Her rhetoric aside, Kumaranatunga is determined to find a way out of the present impasse and end the on-going conflict in the northeast, that is costing the government a staggering 25 billion rupees annually.
Kumaranatunga who is more realistic than a large number of her partymen who have predicted a landslide win for PA said: "that by all appearances we will see something better than a hung parliament, predicted by political analysts.
The priorities of a PA government said Kumaranatunga would be to re-establish democracy, create an atmosphere where people can live without fear and public servants without political interference.
On the economic front the PA has already accepted free market policies but it would ensure that it was transparent and honest, with clear economic perspectives and objectives. And this she said would not mean socialist controls.
Kumaranatunga brushed aside the socialist label she has carried for
quite a while by "there is socialist democratic social other self-decla socialism'.
Answering the National Party al had obtained a running a bar anaike's ancestra mises, Kumaranat tourist restaurant for selling liquor a
BSS.
As for the vic political opponent the reins of gov anatunga said tha that she has been Western Provinci Chief Minister th hunt. "I did not ev she said.
Kumaranatung ments made on I the island's inte will be closed til elections to prevel fleeing threats t before the courts bribery.
Kumaranatung the press to the po UNIP lost the pol martial law and r
power.
For Kumarana not run away fro destiny, she says her into the for politics. And wit support' from the Chandrika Kuma confident that t tership is within :
Air North: Has No F
Vavuniya — Yo gayam Devanesa He empties hist the raised platf checkpoint at T waits patiently ti minutely checked cial.
A small transp, ripped open, and socks. Anothel emptied of two li about a dozen

5 AUGUST 1994
'eview
y declaring that
democracy and ism, as well as red brands of
ruling United legation that she liquor licence for on the Bandarl Horagalla prejunga said it was a that had a licence nd was legal busi
timisation of her s if she takes over ernment, Kumarit in the 15 months administering the al Council as its ere was no witch 2n transfer a clerk'
a dismissed statePA platforms that rnational airport he day after the nt UNP politicians o haul them up for corruption and
a however alerted issibility that if the l, it would declare efuse to relinquish
tunga who “does m challenges' it is
that has pushed front of national h the "incredible
country's youth,
uranatunga seems he Prime Minissight.
Election elevanCe
ung Fr. Devasan knows the drill. avelling bag onto Irm at the army handikulam, and l the contents are by a security offi
trent plastic bag is out falls a pair of
plastic bag is rge beetroots and carrots. The bag
thrown aside, is caught in the wind, and finds itself together with dozens of other plastic bags in the nearby shrubs.
A white cassock, a pair of long pants, and two packets of milk powder are given a shake and end up in a heap. The search is over and Fr. Devanesan, of the Church of South India who has a parish in Paranthan, is free to leave. How will he carry his vegetables? A security official relents, and he is provided with another plastic bag.
Fr. Devanesan has an amused smile. You can buy the same plastic bags on the other side, he tells the security official. The reason for not allowing plastic bags into Tiger held territory north of Vavuniya is because they use it to cover the gelignite and the batteries that power the "Johnny mines', says the security official.
Fiftysix-year-old Annamma has had her large gunny bag checked. Its contents are hundreds of betel leaf. The grey-haired women travels daily from Puliyankulam into Vavuniya, buys the betel leaf and sells it to a vendor in Omantai in what the military would describe as ‘uncleared area'.
Soon she and a group of other women, as old as herself, relocated from the upcountry plantation sector, have had their goods checked and board a state transport bus.
Two kilometers away is the Nochimoddai bridge where they all get off. A green painted board on the bridge warns: 'you go beyond this point at your own risk'. And from here begins the harrowing two-mile walk to Omantai, to the Tiger sentry point, and virtual Tiger country.
Men and women, young and not so young, like beasts of burden, balancing huge bags on their heads and carrier bags in both hands, sweat poring down their faces and their bodies, make the long walk. On the other side of course there are the bicycles, the lorries and open trailers waiting to pick them up.
These are the people for whom the August 16 general election has no relevance. Trapped between two warring sides they endure the rigours and the deprivations forced on them by a "no-win war'.
Their regular journeyings through the Thandikulam checkpoint, whether they come from the Jaffna peninsula, Kilinochchi, Mullaitivu or the various small towns and villages in the north, is for

Page 11
15 AUGUST 1994
business, for medical treatment in Colombo, or for official purposes.
This is nothing new. It has been in operation since fresh hostilities broke out between the Tigers and government forces in June 1990, followed by an economic embargo on the north.
With the Tigers boycotting the election having made it known that it has no faith in the politics of the south 90% of the Jaffna district's 600,000 voters will remain outside the electoral process. It is virtual disenfranchisement of the country's Tamil minority, further deepening their sense of alienation from the rest of the country.
The limited electoral exercise in the islands off the Jaffna peninsula tells its own story. The Eelam People’s Democratic Party (EPDP) with its military presence in the islands has an edge over its rivals. And the farce that is being enacted is going to rebound on all Tamils. For representing the Tamils from the north in the island's legislature, will be representatives who have only a miniscule constituency in the north.
Unfortunately, for the two main parties, the ruling United National Party (UNP) and the Sri Lanka Freedom Party led People's Alliance PA) elections in the north are important for the simple reason that whichever side wins the poll will not be able to form a government unless the northern electorate is part of the whole electoral process.
Meanwhile with the battle lines being drawn between the moderates and ex-militants in the northeast, and the Tamil vote being horrendously divided there are going to be more losers than winners.
á East: TULF Making
a Comeback
Batticaloa - The battle lines have been drawn for the August 16 general election. The moderates vs the ex-militants.
After a decade oflow-profile politics, the moderate Tamil United Liberation Front (TULF) is making a comeback, and there seems to be a sigh of relief judging by the reaction of the local populace in this Tamil dominated district on the island's east coast, of 75% Tamils and the rest, mostly Muslims. For ten years the ex-militants, together, as well as serarately, held a tight rein over the ... stinies of the district. Today battle searred and war-weary a large segment of the Tamil community is
ready to hand over party they believe w. wounds of war and grievances on the fl try's legislature.
The TULF is not tractors though. 'W all this while?' as woman for whom t. out, and for whom mitted its most unf when its leadership people' and fled to the 1983 communal country when an Tamils were killed Sinhala mobs.
But there are othe they haven't forgotte forgiven. With the effectively secured b Muslim Congress, United National Pa People's Alliance (P. independent groups been written off, it People's Revolution Front (EPRLF), and alliance of the Tami tion Organisation (TI ple’s Liberation O Tamil Eelam (PL( Eelam Revolutionar of Students (ERC under the Tamil C Front (TUNF) umb TULF who are in t the 5 seats in the di
Heading the TUL the district is Josep. ham who was appoi parliament on the n
It was through that for the first tim soldiers involved in Tamil civilians were able and courtmart families of the vict compensated.
Any issue, wheth excesses or problems troubled eastern un was there to take highest in the land. . in every fora possib as international.
While the local cou March generated ve siasm with mostly in the fray, this attracted people of community, says citizen of the town through the trouble still optimistic about What the Tamils says, are leaders wil spect, who can forc

TAML TIMES 11
its future to a ill help heal the articulate their por of the coun
without its dehere were they ks a frail old ime is running che TULF comorgivable crime "abandoned the India following holocaust in the estimated 2000
by rampaging
ers who, even if 2n, have readily : Muslim vote y the Sri Lanka and the ruling rty (UNP), the A) and the two having already ; is the Eelam ary Liberation the three party l Eelam Libera"ELO), the Peo'rganisation of OTE) and the y Organisation )S) contesting snited National brella, and the he running for strict.
F campaign in h Pararajasingnted to the last ational list.
Joseph's efforts e in the district,
a massacre of made accountialled, and the ims financially
er it be army relating to the iversity, Joseph it up with the He raised issues le, local as well
İncil elections in ry little enthuhe ex-militants election has standing in the a very senior who has lived d times but is
the future. need today, he no command re2fully articulate
the problems of the people. Militants have a role to play, he says, but not in politics.
The EPRLF that blotted its copy book in the 1989 election with charges of having had its ballot boxes stuffed by the Indian Peace Keeping Forces, is trying hard to put the past behind them. They who once controlled the northeast provincial administration find that their rivals are a step ahead of them. Karthigesu Wythalingam, 34, an EPRFL candidate has no qualms about "returning to our guns, if the Sri Lanka government does not give us our rights'. Meanwhile TELO and PLOTE are faced with the task of having to explain their dual role. In mainstream politics on the one hand, and on the other, some of their armed cadres fighting alongside government forces.
But their umbrella organisation is not without support. In some of the interior villages, their cadres, their families and their friends could win them a seat, according to political analysts. One of the TUNF's main champions is the newly elected Mayor of Batticaloa, Chelliyan Perinbanayagam. The very fact that militant groups have come together is the biggest victory says Perinbanayagam who was backed by TELO and PLOTE at the local poll in March.
And as all the candidates flout the election laws with impunity, engaging in house to house campaigning, pasting posters and very successfullly daubing the roadways with their symbols and their slogans the 261,000 voters seem to have already made up their minds as to who they want as their representatives in parliament.
Their politicking maybe different but the Tamil groups are however agreed on three key issues, a merged northeast province, a federall structure for the region through a negotiated political settlement, and dropping the military option.
h Upcountry: Thondaman Faces Challenge
Nuwara Eliva — Pushpamani, plucking "two leaves and a bud' on Glendevon estate, in upcountry Nuwara Eliya, hardly took her eyes off her tea plucking as she said quite decidedly that P. Chandrasekeran of the Upcountry Plantation Workers
Continued on page 13

Page 12
12 TAMIL TIMS
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Page 13
15 AUGUST 1994
Continued from page 11
Front will get her vote in the August 16 poll.
The 33-year-old widow and mother of three, who voted for the Ceylon Workers Congress (CWC) in the last election has changed sides. "Chandrasekeran has promised jobs for my children when they leave school' says Pushpamanai. It is as simple as that for a woman who earns an average monthly wage of Rs. 1,500 plucking tea, and supplements her income when there is no plucking, by working as a casual labourer in the vegetable gardens that dot the estate landscape.
Chandrasekeran's incarceration in jail for several months, over the aleged harbouring of a Tiger activist wanted in connection with a bomb explosion in Colombo, has earned him not only the sympathy of the electorate, but a sneaking admiration as well.
A former CWC member, Chandrasekeran broke away from the powerful trade union following disagreements with CWC Chief, S. Thondaman, and formed his own.
But Pushpamani is in a minority in the plantations where Thondaman is treated with almost God-like reverence. It is Thondaman, say his followers, who battled governments to secure the rights of the plantation workers.
And it is benefits fought for, and won, that have become the CWC's campaign issues. As the ruling United National Party's election ally, contesting under the UNP symbol, the CWC is confident that it will send three CWC representatives into parliament from the district, one of them Thondaman's grandson, the controversial Arumugam Ramanathan regarded as heir apparent to the CWC throne.
Suppiah Sathasivam, a Minister in the Central Provincial Council, and one of the CWC candidates, says quite candidly that “we are not promising anything. We are only pointing to our achievements in the last 17 years by virtue of our collaboration with the ruling party. Citizenship for the stateless, equal pay for equal work, the guarantee of 300 working days in the year for the plantation workers, an improved education system, and also quite significantly, our representation right down from grassroot level local councils to representation in parliament. Our goal is the improvement of the overall living conditions of the
plantation workers being accommodate service on an ethnic
Nobody denies t bull-dog tenacity of Thondaman that ha prove the lives of workers, descendan rant Indian labour country to work on ed tea plantations.
The recent priva state-owned estate worker-managem which the CWC is t through a collective managements.
But all that has with the CWC lea field canvassing s candidates.
One of the CWC's today is educating plantation sector 1 30,000 rejected vot election, the highest pointing to the high among the workers.
Today 400 commit young men and wom the CWC are going house with a samp showing them how has to be marked i proportional represel
Ever since its el with the UNP over t the CWC has been the ruling party wi bank.
Election M
With more and Governmental Orga local and foreign ju 'election monitoring wag was heard to appeared there wel more monitors than August 16 General II While former Pres he Premadasa thre Ambassador, David allegedly interfering ernment election, Dingiri Banda Wijet have opened the adopting a more op election observers.
There is understa ment about these fc white, observers who Sri Lanka. Question being asked as to t funding as also the political baggage the

and our youth d in the public quota'. hat it was the CWC President s helped to imthe plantation is of the immigrought into the he British own
tisation of the s has created ent problems rying to resolve agreement with
been put aside, dership on the upport for its
priority issues the voter. The tegistered over es in the last in the country, illiteracy rate
tees comprising men members of from house to le ballot paper a ballot paper in the complex ntation system. 2ctoral alliance wo decades ago able to support th a solid vote
lonitoring
more Nonnisations, both umping on the bandwagon”, a remark that it re going to be voters for the Election. ident Ranasingw out British Gladstone for in a local govhis successor tunga seems to floodgates by en policy about
andable resentreign, specially will descend on Is are naturally heir sources of ideological and y would import
AMIL TIMES 13
into the observation of the island's electoral process. One main criticism is that the government has no coherent policy about these observers.
Deputy leader of the main opposition Sri Lankan Freedom Party (SLFP), Chandrika Kumaranatunga who is leading the People's Alliance election campaign toldjournalists recently that the best guarantors of a fair and free poll were the people themselves.
In recent years we have had observers from the South Asian Association for Regional Cooperation (SAARC), some of them veterans of the observation beat.
Observers have to be fiercely independent if they are to be of any use. Some of them who have been to Sri Lanka before have not been above accepting official hospitality. While this in itself is not exactly compromising, it tends to make people have doubts about their impartiality.
Most of them who came here the last time stayed in 5-star hotels and the complaint against them was, that their forays into the electoral districts seemed like guided tours. Many of them collected substantial daily allowances thus exposing them to criticism by opposition parties that they were only lending legitimacy to the electoral process by their presence and not challenging any abuses that may have occurred. In view of this the government seems to be playing safe.
This time the foreign observers have been contacted directly by the Commissioner of Elections, Chandrananda De Silva and the Foreign Office is only playing a facilitatory
role.
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Page 14
14 TAMIL TIMES
The Re-invention of De
for Jaffna
- by D.B.S. Jeyaraj
JAFFNA - "The beautiful northern city of Sri Lanka, with rolling sand dunes and tall swaying palms, also offers many interesting sights including Hindu temples, Dutch forts, Keerimalai baths, tidal wells, Chundikulam sanctuary.'
Excerpted from “Your Key to Paradise' in Air Lanka Diary for 1994.
A foreigner who possesses very poor knowledge of contemporary Sri Lankan affairs is likely to form a wrong impression of the true state of present day Jaffna if he or she happened to read the paragraph excerpted from the Air Lanka Diary. Air Lanka which has a vested interest in promoting tourism displays both a callous disregard for the truth and blatant insensitivity towards the abysmal plight of the inhabitants of Jaffna when it attempts to gloss over current realities. An illusory effect that all is well in Jaffna is likely to obliterate all truth about the ongoing conflict. The false impression that is likely to be created would suppress the real facts about the travails and trauma being experienced by the people of Jaffna.
Air Lanka's feeble attempt to cover the harsh truth with a panoramic veneer however pales into insignificance when compared to another gigantic exercise concerning Jaffna. The Commissioner of Elections is going ahead with the mechanics of an election in the Jaffna electoral district. The Elections Commissioner in his wisdom is adhering in principle to the letter of the law and is trying to enforce it to the best of his ability.
Yet all the indicators point to the fact that what we are witnessing now in Jaffna is a charade of democracy behind the facade of an election. An objective perspective would clearly indicate that the elections being conducted under present conditions in Jaffna is both a travesty of democracy and a violation of the electoral principle.
The Tamil U Front and the Congress are b adhering to the violence. These the Elections C urged him to ca Jaffna. TULF F sithamparam se Commissioner questing him to Electoral distric coming parliam Although there ten response M am has been in the Commission ceed with the el
The TULF h legal remedy by of Certiorari a the Appeal Cou sithamparam il Party President er. The TULF petition under . constitution i Court. The pet gard was Mr. TULF stalwart
Aavaranka', Sinnathurai wa of the Federal former TULF J velopment Cou nathurai in his na voter claim damental right the constitutio fringed or wer upon. The TUL ful in its attem remedy by way cial interventio
The Civil Ri Sri Lanka in a refers to the J the following m
"The Civil Ri gravely concerr tions of the fa equal election is the prevailing Jaffna electoral ly necessary 1 these condition:

15 AUGUST 1994
mocracy
nited Liberation All Ceylon Tamil oth Tamil parties
principle of nonparties met with ommissioner and ll off elections in resident M. Sivant a letter to the of Elections re2xclude the Jaffna t from the forthentary elections. has been no writr. Sivasithamparormed orally that er intends to proections.
as also sought a way offiling Writs nd Prohibition in rts. Mr. M. Sivah his capacity as was the petitionalso filed another Article 126 of the n the Supreme itioner in this reK. Sinnathurai a , also known as Sinnathurai. Mr. s founder member Party and also a affna District Dencillor. Mr. Sincapacity as a Jaffed that his funas enshrined in were being into be infringed was not successpt to seek a legal of obtaining Judi
l. hts Movement of recent statement affna situation in
le.
hts Movement is ed at the implicat that a free and not possible under conditions in the district. It is hardreiterate what are: CRM consid
ה
ers them to be matters of common knowledge.'
What then are the prevailing conditions in Jaffna which the CRM feels is common knowledge? Some of the relevant particulars have been mentioned in these columns earlier. Still, it is worthwhile to ponder briefly on the situation.
The Jaffna Electoral District comprises the administrative districts of Jaffna and Kilinochi. The voting strength in 1989 ws 592,210. The Electoral registers however have not been updated since 1986. Apart from the fact that this has resulted in preventing all new post-1986 voters from exercising their franchise no one has a clear idea as to how many voters there are now.
The electoral district is divided into 11 electoral divisions. The Kayts area consisting of the offshore Islands and the greater part of Kankesanthurai comprising KKS, Maviddapuram, Keerimalai, Senthankulam, Ilavalai, Mathakall, Alaveddy, Villaan etc., are under Army and Navy control. There are also pockets like Karainagar and Ponnalai in the Vaddukoddai electorate. Idaikkadu in Kopay and the Pachilaipalli division in Kilinochi that are also under Army and Navy control. The rest of the area is very much under LTTE control. The total land area under the control of the security forces is less than 10% of the total landmass of Jaffna and Kilinochi districts. Moreover the population has fled in large numbers leaving behind only some thousands. The total voting population in the areas cleared by the army is not likely to exceed 10,000. The on-going conflict between the security forces and the LTTE continues in the North.
The LTTE has declared itself against any type of election being held in the North and East until the basic grievances of the Tamils have been redressed. They have curtailed the free movement of the Jaffna G.A. in a bid to prevent election arrangements. There is absolutely no chance that the people in LTTE controlled areas will be allowed to vote. In that context the contingency plan to clustel polling booths in areas cleared by

Page 15
o Auuu.O i II gs4
the security forces and expect Tamil civilians from adjacent LTTE controlled areas to indulge in cross-border voting is very much a false hope. This leaves only two categories of Jaffna voters who would be physically able to exercise their right of franchise. One is the voting segment in the cleared areas. The other is the displaced segment living in other parts of the country which has registered its eligibility. The end result is clear. A few thousands of voters are going to be substituted for the body politic numbering six lakhs. The fundamental right of franchise will be infringed for the bulk of the population. The whole concept of democracy will be undermined and the electoral principle distorted. A few are going to decide for the many. If one were to adapt Winston Churchill Mutatis Mutandis' - 'Never in the arena of parliamentary elections will so few voters elect so many MPs on behalf of so much votes'.
Already the basic credibility of the Jaffna elections is being eroded. The returning office was not the Jaffna or Killinochi Secretariat but a makeshift office in the army-controlled zone of Tellippalai, (the Tigers control a part of Tellippalai too). The returning officer was not the G.A. of Jaffna or Killinochi but an official named Mr. W.L.D. Perera who was temporarily administrator in charge of the elections office established by the military. Mr. Lakshman Perera has been designated as the acting Jaffna Electoral District returning officer.
Representatives of the EPRLF, Muslim Congress and the newly formed Tamil United National Front (PLOTE, TELO, EROS) were flown in a Y-8 Air Force plane to Palaly and taken under military escort to Tellippalai. Some have been quoted in the Tamil press to the effect that they could not see any civilians and only saw the wreckage and rubble of buildings. They were not even allowed to tarry at Tellippalai beyond a certain time. Also the Tamil representatives found themselves being physically searched and frisked by armed men
belonging to the group that assists the North.
Incidentally the also filed an inde Jaffna. The list is Douglas Devanan EPDP permanen the Army control North. Mr. Dev that situation to h arriving in a proc palai to hand in papers. He also s all candidates co had toreach Telli ary escort and wo stay in the secu they wanted to do in the North. Thu bizarre situation the EPDP is figh hand as para-mi and contesting on as a political part conducting securit nomination day or are supposed to against them in election. The ab situation was bes a front-page appeared in the S The picture shov East Governor Mr do, the Defence Hamilton Wanas EPDP leader M. vananda in an op ing the Jaffna sun say 'speak louder words'. That pic illustrative of the ists between the F ary establishment in Jaffna.
There were subs ments too. The E EPRLF complaine bers were being EPDP while atte for Jaffna by sh malee. The EPDP at a conference quested that the disarmed but it w by the defence a EPDP could not cause they were a nent of the on-go eration in the No. however not be al their opponents. already people are

AqSSLLLSLLLSLSLSSSLSSLLSSSMSSSSSSS S
TAM TIMES 15
EPDP a militant the military in
same EPDP has pendent list for s headed by Mr. da leader of the tly stationed in led areas of the ananda utilised his advantage by cession to Tellip
his nomination tated there that ontesting Jaffna opalai with milituld also have to rity barracks if any canvassing s we have a very in Jaffna where ting on the one litary personnel the other hand y. Its cadres are ty checks during h candidates who I be contesting a free and fair bsurdity of the t highlighted by picture which unday Observer. wed the North'. Lional FernanSecretary Gen. singhe and the r. Douglas Deen vehicle brav. Pictures', they than a thousand ture was quite nexus that exEPDP, the milit, and officialdom
sequent developPDP's rival the xd that its memharassed by the mpting to leave ip from Trincodenied it. Later the EPRLF reEPDP should be as turned down authorities. The be disarmed bevaluable compoing security oprth. They would lowed to harass In that context talking of what
is virtually a one-horse race in Jaffna. The only spanner in the EPDP works is the Muslim Congress. The astute move by Ashraff in registering the displaced Muslims of Jaffna in Puttalam has created a situation where the Muslim Congress may get 4 or 5 seats in Jaffna.
It is this situation that prevails in Jaffna. The bulk of the population is unable to vote, the conflict rages on and armed fighters are doubling up as political candidates. Again the particular nuances of the situation is best summed up by the Civil Rights Movement. The CRM says: "In the present situation CRM sees a conflict between the democratic and constitutional imperative to hold a parliamentary general election within the required time period, and (so far as the Jaffna electoral district is concerned) the requirements that the voting at such elections shall be free and equal. This is not an instance where supervening events may make polling impossible in a particular area, for which there is provision in the relevant law, but where from the outset it is clear that conditions do not permit a free and equal election as generally understood.)
There are many in the corridors of power who see and feel the blatant violation of democratic principles and the flagrant ABUSE of the electoral process in Jaffna. But political imperatives seem overriding. Any postponement of the Jaffna elections is liable to cause a constitutional crisis if any single political party is unable to win a minimum of 113 seats in the next elections. The postponement of Jaffna elections will delay the completion of the national list of MPs. In the event of no party getting the required 113 seats parliament cannot be convened and the current caretaker cabinet will continue to hold office. The larger' national interest to avoid such a catstrophe has necessitated the 'smaller' fundamental rights of the Jaffna citizen being curtailed.
From a narrower political perspective both the UNP and SLFP
Continued on page 16

Page 16
to A... MES
Continued from page 15
see that some seats are in their pockets. The SLFP is sure of the Muslim Congress seats while the UNP is sure about the EPDP seats. (That both the Muslim Congress and the EPDP may change colours is another possibility.) So there is no compelling need to prevent flawed elections in Jaffna.
Also there is the other aspect. To postpone elections in Jaffna would be to accept the fact that the Government is not in control of the greater part of the North. That would amount to ade.jure recognition of what is a de-facto situation.
So the re-invention of democracy for Jaffna is in motion. It has been an on-going process. When this country first enjoyed universal suffrage and elected representatives to the state council in 1931 Jaffna boycotted the polls at the instigation of the Youth Congress which demanded full selfrule (poorana swaraj) or nothing. The boycott was lifted in 1934. The post-independent period saw Jaffna consistently electing the majority of their representatives from the Tamil Congress and the Federal Party. This elected Jaffna majority was always a minority in Parliament. The majority of parliamentarians merely steamrollered minority aspirations. In 1981 the DDC elections saw massive violations of election laws and procedures in Jaffna. Uninitiated personnel indulged in this. A senior cabinet Minister justified the Jaffna situation by saying at a seminar held in the Sri Lanka Foundation Institute. "There was a job to be done. Some one had to do it'. Some ballot boxes belonging to the DDC elections are still reported missing. Prof. Karthigesu Sivathamby used to quip that "democracy will return to Jaffna only when the missing ballot boxes return.'
But the boxes did not return and democracy instead of returning took a turn for the worse. The bullet took the place of the ballot. Jaffna suffered vicissitudes caused by the vagaries of various militant groups. The ecology of the gun flourished. Only the wielders of the gun differed from time to time.
Today, the Tigers a and do not allow vestige of democr within Jaffna.
In 1977 the TUIL the platform of a and swept the poll claimed that it had Eelam but stated it settle for a viab Only no one seer interested in provic the aspirations oft articulated democ ignored. But the or was that at least t could have their s majority had its sixth amendment aftermath of the changed even tha took up a principlec taking the oath of a constitution and st sentative democrac
Parliament cont. tion without the M in particular and t MPs in general for one seemed to care Community at lan deprived of its der and was being den tary representation
In 1989 elections Army being station one soldier to five v district. Only 44.7 highest poll was in rate with 63.86% w was recorded in 6.88%. The EROS b dent group got 8 s groups contestingu umbrella got 3 seat
After some tim Army went home a War 2 broke out. T ed independents w tween the LTTE The Jaffna indepen away from parlial feited their seats abroad and other Jaffna and joined EPRLF MPs found able to go to Jaffna Tigers. So Jaffna ha parliamentary dem MPs who could att but could not visit on the other. Again unduly worried tha

- Ausgy
|re the masters even a tiny acy to thrive
F contested on separate state s in Jaffna. It a mandate for , was willing to le alternative. med genuinely ling one. Again he Jaffna voter ratically were ly silver lining he “Tamil MPs ay even if the way.' But the coming in the 1983 violence it. The TULF | position of not legiance to the ) ended reprey for Jaffna.
inued to funcPs from Jaffna he other Tamil six years. No that the Tamil ge was being mocratic rights ied parliamen
l.
saw the Indian ed at a ratio of 'oters in Jaffna 5% polled. The Jaffna electohile the lowest Jdupiddy with acked indepeneats while the nder the TULF
S. e the Indian nd soon Eelam he EROS backere caught beand the state. dent MPs kept ment and for. Some went s returned to the LTTE. The themselves unbecause of the da new type of ocracy. Elected and parliament their electorate no one seemed t the Tamils of
Jaffna and Trincomalee were not enjoying parliamentary representation after duly electing their MPS.
Today the situation is very much the same. MPs may be elected by a tiny fraction of the total electorate. But if the conflict continues no elected MP from Jaff. na will be able to set foot on the greater part of Jaffna soil. An MP could visit the de-populated cleared areas of Jafna. Even that would be only possible with military escorts. Again hypothetically an election petition may be filed. If the courts allow it in view of prevalent conditions then all 10 MPs would be unseated. In that case Jaffna would not be represented in parliament again. This is the peculiar situation caused by that re-invention of democracy in Jaffna.
After independence the Tamils of recent Indian origin were deprived of their franchise. Yet their population was taken into account when allocating seats although they could not vote thereby enhancing political representation for the up-country Sinhalese. The Jaffna Tamils had another problem where their elected MPs were unable to sit in parliament. Later they had MPs who could not visit their electorates. Now they are facing an election where a fraction of the voters through a flawed process will substitute themselves for the body politic and will elect MPs who could not be able to visit their elecltorate without military escorts.
The irony of the situation is that the Jaffna Tamils are only asserting their fundamental rights under the Sri Lankan constitution when they claim that their right to a free and fair election is being infringed upon. Allegations about a flawed election is in another sense an allegiance to the constitution of Sri Lanka. If their constitutional rights cannot be upheld then their faith in the constitution and the democratic electoral process would be weakened further. Moreover the current situation is also a violation of the Internationall covenant on Civil and Political rights.
Continued on page 33

Page 17
15 AUGUST 1994
Elections: A Change is Si
by Prof. Bertram Bastiampillai
The elections on August 16, 1994 are being eagerly awaited by not only the people of Sri Lanka but also by the international community alike. Seventeen years of rule by the United National Party have been experienced and the general impression as expressed by several, is that the people have grown bored. The government, they say, has become stale and an expectancy of change can be sensed in the electorate. Will it materialise?
The UNP seems to assure the people that it will press on with its policies and practices with even greater vigour than ever before. But what one has heard from the PA also indicates that its policies too would be the pursuit of a liberal and free economy, and welfareism will form the basis of social policy. Both contenders seem to compete with one another in promising constitutional reforms that hold out an assurance of greater accountability and answerability although the SLFP is clearer on this.
In other words, the UNP has rethought some of what it had hitherto held on to and now speaks of some change but not of a reversion to an earlier type of Westminster parliamentary democracy. It has enjoyed working the Presidential system and who will like to give up what has given so much power? Then accountability means little really.
In regard to the outstanding ethnic conflict which had grown worse since the riots of 1983, the UNP which had done nothing upto now really remedial, at present speaks of militarily crushing militancy and working out a solution after discussions with all sections of society. Its ideas of a solution, however, will not appease the Tamils: no merger, less devolution than promised. It has come to this view which is not new after various abortive attempts, whether seriously taken or not, in the past. The SLFP holds out that discussions would be held and a just and equitable political settlement will be evolved thereafter.
With respect talked-of merger, til that it will demerg while the PA make can be a redemarc aries to satisfy m tions. So here again not have much of a make between the but again the SLF tial change.
Nevertheless ( nuances count as cord of the recent p in office of the UN of the UNP is á which is typicall while the view of more inclined to be
When choice boi sonalities, then on think of Aristotle's the state came in life it exists to pro' which is a life base governance. The amine whether et public political life
Then crop up whether intermina all over the island v merely cloaked all politicisation of pul to partiality in deci administration, wil power corrupted or long entrenchmen authority account cent smug self-sati sensitivity towar These are pertinen advance, before de on excercising the
There has so m tion at so much ( result in better lav society and less public political life c well but what of th questions will be p( before he choosest
Another issue to the likely way in wil ities will behave Again, it is a hal
aSWe.
The SLMC is like stronger influence it

TAM TIMES 17
alutory
to the muchhe UNP is clear e the provinces s out that there ation of boundinority aspira, the voter does in easy choice to two contenders 'P offers poten
differences in well as the repast long tenure P. The attitude apparently one y majoritarian the Alliance is
consensual.
ls down to pere inevitably can s dictum that if to existence for vide a good life; d on morality in Voter can exthics matter in in the past.
questions of able emergency was needed or it puses, vhether blic services led ision making or hether, briefly, did it not. Did t in abodes of for a complasfaction and inds the ruled? nt questions to cision is taken Vote.
uch militarizazost but did it w and order in violence? Was lean? A few did e many? These osed by a voter 0 vote. be discussed is hich the minorin elections. rd question to
ly to wield the n the East. It is
also likely that the Muslims out of the North as "refugees' are likely to vote from the South, and that they would tilt towards the SLMC which emphasises the distinctiveness of a Muslim identity more clearly. The other Muslims, substantially large numerically, living all over the South spread ubiquitously, will, as they have done in the past, divide their support in backing either the UNP or the People's Alliance, but perhaps may favour the UNP more.
Sri Lankan Tamils have complained of war weariness, of impatience with the restraints that government reaction to the militant rebellion has caused. Will they therefore vote for parties and groups that are non-militant or have eschewed militancy, or will they vote at all? They tend to be cynical and express loss of confidence in voting. Or, on the contrary, will they be supportive of the elements that already wield some authority with governmental blessings and connivance in some of the areas such as Vavuniya, the East or the 'liberated' small area in the North.
It is indeed a difficult guess to anyone because the Tamils have suffered much and speak with diffidence and reticence. They are muted because a fear psychosis numbs them. It is a guess that the EPDP will be able to score in Jaffna, advantageously poised as they have been; the TULF should make a comeback because of a tiredness with conflict in the East and in Vavuniya while the PLOTE and the TELO are indeed strong
rivals likely to have some success .
where they have, like the EPDP in Jaffna, an ability to impose influ
eCe.
Colombo has two independent groups of Tamils wooing the Tamil voters here who are sick and bitter about the unending conflict.
They are aggrieved by the harassment to which they have been exposed from time to time by the humiliating cordon-searchand-arrest operations. Since they feel alienated quite a number of these Tamil voters in Colombo may vote for one or the other of the Tamil groups fielding Tamil
Continued on page 18

Page 18
18 TAM TIMES
Continued from page 17
candidates, or else stay out of the polls since they apparently have withdrawn confidence in majoritarian politics. ベ
A few may perhaps vote against the UNP because it has delivered nothing worthwhile to them and
treated them even with disdain at
times. Out of this few, a number could vote for the Alliance to ensure that the UNP does not gain in the end because the UNP's latest offer to solve the ethnic crisis offers little in the way of devolution.
The August 16 elections will be bitterly fought out. Those who are in power will not cherish, nay even tolerate, the idea of forfeiting power and its fruits. They will, as Aung San Sun Kyi has said, be corrupted not alone by power but the fear of losing power will corrupt them far more. So they will fight back tenaciously and one
fears not accordi berry rules of th
The Alliance, O had been out in They had shown ism at the last rc Council elections build up on that surely. Nothing : CeSS.
In his Republic the life of the gu to exclude intere erty, love or th still, these rulers a principle of au. plied forsaking and even their But our Presidel made the lives of political rulers ( nistic than even the nature of mai standable that th joyed so much fo like to go easily.
A Divisive Strate Forced Upon Tam
by Jehan Perera
Despite the ethnic divisions in the country (which many besides President Wijetunga deny exist) and the long existence of ethnicbased political parties in the provinces, Colombo itself has long remained an area in which members of the minority groups have consistently voted for the national political parties. For many of them economic considerations have prevailed over issues of identity.
Colombo is not only the capital of Sri Lanka and the seat of government and commerce; it is also one of the most ethnically mixed areas of the country. One of the major features of the present general election is the emergence of explicitly ethnic-based parties which will be competing for votes in the Colombo District.
Despite the rhetoric of one of the more vociferous ones, the MEP, realities in Sri Lanka and the aspirations of the ethnic minorities demand that the devolution of
power must ta regional level.
Indeed, every right to feel it i. own destiny in which it is a m recent group to has been the es munity.
DeVO
But the devolu substantial ethni level can only b become chaotical balanced at the the cooperation c different ethnic g
The acute ethr Malaysia, for inst Malay, Chine; populations is r able because of multi-ethnic coi central governm party in Malay

15 AUGUST 1994
ng to the Queense book.
n the other hand, the cold for long. signs of revivalund of Provincial s and will try to tentative success succeeds like suc
, Plato visualized lardians or rulers sts, be it in prope family. Worse had to conform to sterity which im
material wants own satisfaction. ntial system had our guardians or xcessively hedobefore, and given nkind it is underhose who had enr so long will not
It is here that if change is to be a warning, is to act as a check against self indulgence at the cost of the unsatisfied needs of the many, that there seems to be a positive opinion that change is salutary, an opinion that gets reinforced when they see insiders of the UNP fighting among themselves for the spoils as the case of A.J. Ranasinghe illustrates.
The other contenders like the MEP seem to have forgotten nothing and learned nothing like the French Bourbon rulers of yesteryear. They cling to their gospel of sectarianism and exclusivism while most in Sri Lanka have now learned the hard way that the country has still not built itself into a nation with unintegrated communities languishing sulking at having been estranged. Any way the August 16 can yet disappoint those who dare to forecast, the results of an event where the people alone can be sovereign.
gy nils
ke place at the
community has a s in charge of its the local areas in ajority. The most voice this demand state Tamil com
lution
tion of power and c self-rule at local e viable and not lly divisive if it is central level by of the elites of the
groups. hic polarisation in tance, between its se and Indian 2ndered managethe very strong mposition of its ment. The ruling sia is really an
alliance of three political groupings representing the three ethnic communities.
To the extent that the national political parties in Sri Lanka were responsive to the significant ethnic minority votes they received, an explicit alliance between ethnic-based parties, as in Malaysia, was not necessary.
The recent rise of ethnic-based parties in Colombo itself is, therefore, a development that is worth noting.
New phenomenon
Mr. Kumar Ponambalam has been the agent of change with respect to the Tamil community in this respect. Whether he is better known as the son of a famous father or in his own right is an interesting question.
But it is certain that his political commentaries in the newspapers have helped him to stamp his identity as an angry Tamil among the population at large. As a result, he is today, if nothing else, one of the best known Tamil politicians in the country.
His championing of the Tamil cause in an often extremist way
has made Mr Ponnambalam an

Page 19
15 AUGUST 1994
unpopular figure in the eyes of many. To Sinhalese who do not know him, he comes across as a racist whose views, by that very fact, do not have to be taken seriously.
But it is the belligerent style he adopts which is out of keeping with his essentially mild temperement, that may be faulted. The substance of his complaints are generally accurate.
On the othher hand, Mr. Ponnambalam is an irritant to many Tamil politicians whose credibility
he has helped to undermine. For
instance, he has been a severe critic of elected Tamil MPs.
. He has lampooned them for not doing anything other than talk despite their elected positions and the power that they presumably bring. Or else he accuses them of being used as lackeys by the Sri Lankan or Indian governments.
But now that he is making a bid to enter parliament from the Colombo District through the independent list of Tamil candidates he has nominated, his criticisms of others who have impotently held office are likely to come home to roost on him.
As an MP there is little reason to doubt that he will face the same
problems of pc other Tamil MP words alone, pow might be, will n ernment very m
, that the few voti
to muster in par a difference eith
Elite Co
Ironically if M wishes to serve munity better, h take the exampl and rival, Dr. vam, who is gen to be a leading troubleshooter. has reportedly a obtain the serv members of the onto its national
On the other h campaigning for east in oppositio other parties. D strategy, though contradictory at sense at another
As was stated minorities shoul self-rule as far a regions. But at should be co-op
LECTIONS
The following is the text of the election manifesto of the Independent Group' of 23 Tamil candidates contesting in the Colombo district. The 23 candidates a re: R. Kulasekaram, Deshabandu Miss N. Kaspilai, N. Kumaraguru param, N. Raviraj, M. Sivasithamparanathan, S. Jegatheesuvaran M.S.E. (England), S. Rasiah, A. Gangatharan J.P., A. Ratnam B.A. (Hons.) (Lond.), A. Vinayagamoorthy LL.B, K. Arunachalam B.A. Dip in Ed., Dr. K.N. Ratnavel (Viduvan Velan), K.K. Kanagarajah, K. Rajaratnam, K.V. Mahendran, G.G. Ponnambalam (Kumar), Mrs. J. Paramailingam, Ambalam, T. Balasingham, T. Muhun than, V. Mahadevan, Mrs. S. Yogeswaran B.A. (London), C. Thangarajah B.Sc LL.B., Dr. C. Perumalpilai.
'We, an Independent Group of Tamils, place before the Tamil
Tamil El
speaking voters O the mandate we trate our united an urgent soluti conflict.
We also seek t register our collec intransigent attit jor Sinhala politi ing this conflict o' continuing to sol: the minority comi fierce competition them to access po
It will be recal almost seventy fi first discordant r were heard betw. of the Tamil and ties of our countr of the Tamils top tion and their den
 
 

TAM TIMES 19
werlessness that 's have faced. His terful though they lot move the govuch. It is unlikely es he may be able liament will make
e.
operation
r... Ponmambalam
the Tamil come would do well to e of his old friend Neelan Tiruchelerally recognised
intellectual and Dr. Tiruchelvam ssisted the PA to ices of respected Tamil community
list.
land, he has been the TULF in the n to the PA and r. Tiruchelvam's n it might seem one level, makes level.
2arlier, the ethnic have their own Ls possible in the the centre, there eration between
the elites to provide for national cohesion.
Until recently this was not really mainstream thinking in Sri Lanka. Prior to its defeat at the Southern Province elections, the UNP leadership spoke openly of the desirability of avoiding the need for ethnic minority supportin forming the government.
Inter-ethnic relations have been such that Mr. Ponnambalam may be right in his belief that the best way for Tamils to get ahead, or to cut their losses, is to stand together wherever they are and belligerently assert their rights as Tamils. Not that this has got them very far either.
But no amount of willingness on the part of Tamil politicians to co-operate with their Sinhalese counter-parts will bear fruit if the latter are uninterested in cooperating with them.
It is therefore up to the Sinhalese politicians to change their aloof ways and accommodate ethnic minorities within their ranks as respected partners if the divisive appeals, such as that of Mr. Ponnambalam, are to be overCOE.
(Courtesy of Sunday Island, 7.8.94).
Independent Groups ection Manifesto
f Colombo District
seek, to demonswill in demanding on to the ethnic
he opportunity to tive protest at the Lude of the two macal parties in solvyer decades, whilst cit the support of munities to win the is arising between Wer.
led that it is now ve years since the otes of dissension ben the leadership Sinhala communiy. The aspirations olitical representahands for the right
to land, education and employment, were first met with disregard and then frighteningly increasing repression by successive governments during these decades. As a result, Tamils had no choice but to conclude that these governments represented the interests of the majority community alone. It is an undeniable fact that the continuing dilemma of the Tamil political leadership in being hoodwinked by dishonoured agreements and shortlived pacts resorted to only for electoral expediency, gave rise to militancy where a section of the Tamil community adopted armed struggle as the only way out.
Warrages Today, war rages in the Tamil
Continued on page 20

Page 20
20 TAMIL TIMES
Continued from page 19
areas of the North-East resulting in large scale deaths, destruction and mass suffering, to the total unconcern of the rest of the country. The Tamils living outside of these wartorn regions also suffer from the fall-out of this war ranging from ethnic violence and loss of economic assets to indiscriminate arrests and torture, for the simple reason that their fate is inextricably linked with those living in the Tamil areas.
Now, as of recent times, there is an attempt by the Sinhala political leadership to constrict this more than half a century of volatile history into a matchbox stickered “terrorism". Any demands for greater devolution of power to an autonomous political administrative unit of the Tamils is portrayed to the Sinhala people as "unreasonable demands made only by terrorists" which is not subscribed to by "educated and respectable Tamils" especially those who live outside the North-East. At best, these demands are attributed to un scrupulous Tamil politicians who want to gain political mileage out of a nonexistent Tamil problem. The Sinhala political leadership also purports to speak on behalf of the Tamils in the South and claim that the Tamils are living in total harmony and happiness in the Sinhala areas of the South.
To add insult to injury the popular Sinhala media joins the Sinhala political leadership to brazenly claim that the destruction of the LTTE militarily is the only solution to the ethnic conflict, and the Sri Lankan military talks of "liberating the Tamil people from the LTTE". To our alarm, they are trying to substantiate these claims by putting forward token candidates belonging to the minority communities and worse still, by demonstrating their voter strength from among the
Past Copies of Tamil Times Past copies of Tamil Times are available for sale in 12 volumes. the present series being volume 13. The price of each volume is £20 by surface mail. Those interested are requested to send a cheque/draft/money order for £20 for each volume to: The Circulation Manager, Tamil Times Ltd., P.O. Box 121, Sutton, SM13TD, U.K. The price for each volume in other currencies is US$40/Can547/AusS54.
minority communi North-East.
All these prove Sinhala politic, attempt to camo intention in letting tinue to fester. Th continuing to keep lic misinformed.
We, a group of p cationists and soci come forward toda communicate to th and the world a demand for devolt not just some fan mands; the desire based on the vari volution which a different parts oft heart of every person.
We protest at which votes of the during keenly co and then, in the s be referred as " Sinhala tree”.
We also registe tion at vague sta opposition parties elections, mumb commitment to SO tical solution. It is ate that to this da opposition party h any concrete pro the recent past it UNP to clamour f the North-East. state that, no m with such half-he this game, where been made beyonc recommendations tary Select Co actually are an ap al solution.
We hope to cre Tamils, a voice declares that till t al parties make a at a just politica ethnic conflict, the the political supp speaking people. to us en masse i form to the hithe visible victims of conflict - the or women who happ Let the future logue with us com
This Independe for election in the united 150,000 st the minority con

15 AUGUST 1994
ties outside of the
beyond doubt the all leadership's uflage their evil this conflict coneir interests lie in
the Sinhala pub
rofessionals, edu|al workers, have y in an attempt to he Sinhala people t large that the ation of power is cy terrorists' defor a just solution ous models of dere in practice in he world, is in the Tamil speaking
the manner in Tamils are sought intested elections ame breath, they Vines round the
2r our dissatisfactements made by s at the hour of ling about their me form of a polis indeed unfortunte, even the major as not put forward posal. If at all, in has only joined the or the demerger of We uneduivocally ore shall we bear arted attempts at
progress has not limping up to the of the Parliamenmmittee, which hology for a politic
ate a voice of the in unison, which he Sinhala politicun honest attempt l solution to the by shall not obtain ort of the TamilThe support given s, actually, giving rto politically in
this meaningless "dinary men and }en to be Tamils. governments diamon citizens also. nt Group stands full faith that a trong voters from nmunities in Col
ombo district (110,000 Sri Lankan Tamils and 40,000 Tamils of recent Indian origins) could elect a maximum of five persons as their representatives in Parliament.
We pledge to struggle towards achieving our objectives which include,
(a) the immediate cessation of hostilities in the North-East and the holding of unconditional talks.
(b) the establishment ofan autonomous politico-administrative unit in the North East for the Tamil speaking people, ensuring the democractic rights of all its communities with sufficient devolution of power.
(c) the campaign for equal rights for the minorities who live outside the North East, ensuring especially that the Tamils who live in Colombo are free from fear in their own safety.
(d) the immediate lifting of the economic embargo on the North and demand that the Kilali crossing be declared a neutral zone.
(e) the amendment to the constitution whereby Sri Lanka is made a secular State.
(f) informing the Sinhala public about the view-points of the Tamils.
People's Unity is Political Power! Vote for the SCALES.”
TAMIL TIMES
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Page 21
* N *AW V i w I l sy ook?
Negotiating a Moral P
by Ram Manikkalingam
(Continued from last issue).
Calls for a just solution to the civil war in Sri Lanka have invariably been accompanied by demands for a cessation of hostilities. Most Sri Lankans who have been for 'a political solution' to the ethnic conflict have automatically assumed that such a solution will be prefigured by a ceasefire. This two-stage strategy - first a ceasefire and then negotiations - is both a humanely understandable and politically reasonable strategy for negotiations. A cease-fire is thought to be essential to lessen the cruelty inflicted daily on citizens of the North and the East by the war and to create a climate of trust between the two warring parties that will facilitate negotiations.
However, the practical difficulties of achieving a ceasefire, the repeated breakdown of ceasefires, and the failure of past ceasefires to lead to a viable negotiations process has led some observers of the conflict in Sri Lanka to call for negotiations even without a ceasefire - the one-stage strategy. This call for negotiations without a ceasefire is usually viewed as an undesirable, but ncessary, concession either to the military power of a stronger side that is unwilling to negotiate or to the complications inherent in enforcing a ceasefire, i.e., as a compromise of justice with power. This is because the political and humane reasons that impel the call for a ceasefire seem to have a priori desirability. This section questions the presumption of the political and humane desirability of a ceasefire prior to negotiations - the two-stage strategy of negotiations - in the context of Sri Lanka. It argues that the two-stage strategy of negotiation is not only politically less feasible, but is also less desirable.
Political Desirability and Feasibility
The strongest argument for a twostage strategy of negotiations is the humanitarian one, because there is little doubt that ceteris paribus the cessation of hostilities is better than the continuation of them. But ceasefires are not isolated military decisions to cease fighting that take place outside of a political context. Instead, in most conflict, ceasefires are expressly political decisions made in the context of political jockeying for power.
When negotiations and ceasefires are linked, it is common to find the
relative military s' conflicting partie affecting their deci to support a ceasef that is militarily unlikely to favour versa. Under these a ceasefire to leac tions, the two partij in a strategic sta tactical one. They er side is likely to long term, and th gain tactical adva term that will str gaining position du This is a very negotiations, beca perceives the poss subsequent politic negotiating table ary action, it may ceasefire is consid for negotiations strategy, any milit party will result negotiations. Igns ceasefires and nes cally linked allow process to be held vicissitudes on th plined soldiers, w cians, or military the real or imagi victory will be abl provoke a militar have a disproporti tabilise the negoti
In addition, the that need to be w ceasefire that are ject of political nes the extent of ter) parties recognise a other, the curtailn and training of n nel, the freedom areas and the ex are thought of issues, they have tions. The inten worked out at th negotiations, prior have long-term structuring the m sequent negotiatio importantly, mak precondition for matically strength armed groups, bec only armed group: an end to the fig influence of milita politics is to be inh

2 x^** sŵ is fil same & â ŵ Ŷ â â---- &--> ac i
trengths of the two 's on the ground sion whether or not ire. Thus, the party gaining ground is a ceasefire and vice circumstances, for to viable negotiaies must not only be ulemate but also a must feel that neithwin the war in the at neither side can ntages in the shortengthen their baruring negotiations.
unstable basis for use if either party sibility of gaining a al advantage at the by resorting to militdo so. And since a ered a precondition
in the two-stage tary action by either in a breakdown of pring the fact that gotiations are politivs the negotiations
hostage to military he ground. Undisciarmongering politieaders who perceive ned possibility of a le to singlehandedly y conflict and thus onate ability to desating process.
re are many issues orked out prior to a themselves the subgotiations. Although ritory that the two as being held by the nent on recruitment ew military personto patrol particular change of prisoners as purely military political ramificarim arrangements he initial stages of to a ceasefire, may political effects by anner in which subns take place. More ing the ceasefire a negotiations autoens the influence of ause it is ultimately s that can negotiate hting. Thus, if the ry organisations on hibited, non-military
organisations and political parties must have a say in the details of a ceasefire. But this transforms the negotiations over the cease-fire into political negotiations. If a ceasefire is a precondition for negotiating, then negotiating is a precondition for a ceasefire. No matter how we try, we cannot sever the close link between political negotiations and military confict.
Paradoxically, trying to buffer the negotiations process from the military conflict by making a ceasefire a precondition for talks actually has the opposite effect and creates the conditions where a small number of individuals have the potential power to undermine negotiations or to have a disproportionate influence over the outcome of the negotiations process itself. Thus from the point of view of stability as well as justice, making a ceasefire a precondition for negotiations - the two-stage strategy for negotiations - is not always politically desirable.
This is apparent in the case of Sri Lanka. First, both parties - the government and the Tigers - have used the call for cease-fires as a tactic to regroup and reorganise militarily, rather than as a basis from which to negotiate a political settlement. Talk about negotiations and ceasefires have generally preceded the holding of the Sri Lanka Aid Group meetings in Paris over the past few years. The government has responded to the criticisms of foreign aid donors at this crucial meeting by showing that it is attempting to initiate a dialogue with the Tigers. These negotiations have been sporadic and have lacked a real moral basis since both parties have been implicitly aware that the other was interested less in a viable solution than in a temporary respite from the travails of war. Probably the best example of this is the alliance between the Tigers and the government against the IPKF (Indian PeaceKeeping Force) from April 1989 to June 1990. This temporary truce was used by the Sri Lankan government to shore up its position in the South and by the Tigers to strengthen itself in the North. Since this truce did not have a moral basis such as the recognition of the equality of all individual citizens and the equality of all ethnic communities, but rather was based on the temporary convergence of politicomilitary interests of the two warring parties, it was instable and eventually broke down. In this instance, the twostage strategy of a cease-fire followed by negotiations contributed neither to
Continued on page 23

Page 22
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Page 23
15 AUGUST 1994
Continued from page 21
a viable peace, nor to a viable political solution.
This analysis of the way cease-fires have broken down suggests that both parties - the Sri Lankan government and the LTTE - have used cease-fires to their advantage to prosecute the war militarily. However, the assumption of strict symmetry between the parties with regard to their views about a political settlement is not a requirement for supporting a onestage, instead of a two-stage, negotiating strategy. It is possible to believe that the government is amenable to a political settlement while the Tigers are against one, or that the government is against a settlement while the Tigers are for one, or that both parties are equally wary of a political settlement and still support a one-stage strategy of negotiations. The one-stage negotiations strategy allows parties, organisations and individuals to negotiate while disagreeing about the immediate causes of the conflict, such as who broke which cease-fire where and when, without disagreeing about the moral basis of negotiations. This strategy for negotiations will allow the two forces - the anti-Tiger and the anti-government to simultaneously disagree about immediate politics, while agreeing on the moral basis of a just solution. And it is this moral basis that will provide stability to any process of negotiations.
Nevertheless, the stability of the political settlement - the outcome of the process of negotiations - requires the resolution of the above disagreement between the anti-Tiger and the anti-government positions about which party is more amenable to a political solution. The one-stage strategy provides a mechanism for resolving these immediate political disagreements through the negotiations process itself. Recall the disagreement that is being resolved is not between the Tamil chauvinist position and the Sinhala chauvinist one, but between the anti-government and anti-Tiger views that share the moral position that any solution should be based on "individual equality and equal respect for all ethnic communities. It is possible that after a morally reasonable and politically viable solution is worked out, the government or the Tigers will renege on it. If the government reneges on such a political settlement and the Tigers support its implementation, then those individuals, organisations and political parties that hold the anti-Tiger position will have to re-evaluate their political opposition to the Tigers. This is because the basis on which they
opposed the Tige support for the gov out of a belief that interested in the i politically just sol the Tigers renege ( able solution, ther political organisati hold the anti-govel have to re-evaluat the government.
The one-stage in permits the expr ment about immec while inhibiting it
· tive effect on th
morally desirable tiations. Ultimate negotiations strat forces that favo solution to the e flict to politica whichever party ri COMe.
Humanitarian Da
While the twonegotiations is und grounds, it may s humanitarian g strength of the h ment for a two-sta, the political one disagrees that no war, if all other same. Obviously and the right to g life without hindr and suffering that pany war. This is respites from war since a temporary better than no res gets complicated if spites contribute because the partie consolidate themse intensify the arm than to initiate a negotiations. Resp lead to its intensif desirable on huma the subsequent con greater pain, suffel This is also true respites from war parties the breath minorities or suppr in their own cor Lanka, all of the gate the argume cease-fire on hum This is especially tr the East which hav the war.
In the North and ceasefires and nego with that enforced ending with the on ernment and the

TAM TIMES 23
rs was not out of ernment, perse, but the Tigers were not mplementation of a ution. Similarly, if on a morally reasonn those individuals, ons and parties that inment position will e their opposition to
egotiations strategy ession of disagreeliate political issues, s potentially disrupe functioning of a framework of negoly, the one-stage egy allows political ur a morally just thno-national Conlly unite against ejects such an out
esirability
stage strategy for lesirable on political till be desirable on rounds. And the yumanitarian arguge strategy, vitiates against it. No one war is better than factors remain the people prefer peace to about their daily ance over the pain inevitably accomtrue even when the are only temporary, respite from war is pite. But the issue the temporary reto prolonging war s use cease-fires to lves, militarily, and ed conflict, rather viable process of ites from war that ication may not be nitarian grounds if flict results in even ring and loss of life. in situations when nave given warring ing space to attack ess dissidents withmmunities. In Sri above factors mitiht in favour of a anitarian grounds. ue of the North and te been the arena of
the East successive tiations, beginning by the IPKF and e between the govLTTE, have not
eased living conditions. Ceasefires have invariably been followed by conflicts that have been bloodier. The extent of pessimism among citizens of the North and the East makes it unlikely that they will cover their bunkers and welcome peace, if it arrives in the form of a sudden ceasefire. Rather previous experience of failed cease-fires will probably make them prepare for another bout of war. Thus, it is not unreasonable to suppose that the embattled people of the North and the East of Sri Lanka, whether Muslim, Tamil, or Sinhala, would prefer a viable political solution that permanently resolves the conflict to a short respite from the war that leads to yet another bloodier round.
Still, the humanitarian impulse that drives the call for a ceasefire is critical to the viability of a negotiated settlement. It can be channeled locally, through community, church and women's organizations, nationally, through political parties and NGOs (Non Governmental Organisations) and internationally, through organisations like the UN (United Nations) and SAARC (South Asian Association for Regional Cooperation), to exert pressure on the two parties to "humanise' the conflict. This should not be a pre-condition for negotiations, but must take place parallel to the actual process of negotiations. Humanising the conflict entails taking specific steps to de-escalate the war. These could include minimising civilian casualties, exchanging prisoners, relocating refugees, providing medical assistance and food to conflict-ridden areas and creating peace Zones', where the parties agree to mutually desist from carrying out military operations. The Tigers and the armed forces in Sri Lanka have already worked out and honoured similar agreements, albeit on a smaller scale, under the auspices of the ICRC (International Commission of the Red Cross). Such agreements need to be expanded to include larger amounts of territory and involve greater participation of community organisations. This can be done by agreeing, either to the broadening of the ICRC role, or to the monitoring of these agreements to humanise the conflict by other neutra: observers. Here the UN, SAARC, or the Commonwealth may be able to play important roles. While the humanitarian argument for a ceasefire is strong, the one-stage strategy for negotiations enables this desire for humanising the conflict to be pursued by a parallel process of conflict deescalation between the two armed parties to the conflict, without allowing
Continued on page 24

Page 24
24 TAMIL TIMES
Continued from page 23
this process to directly hinder or be used as a bargaining chip in a negotiated political settlement. Ultimately, the one-stage strategy may lead to a more feasible and viable peace because the political dialogue can create the trust that either strengthens a prevailing ceasefire, or leads to one.
The following quote from Alvaro de Soto, the UN Secretary General's representative to the Salvadoran peace talks illustrates the problems of a two-stage negotiations process. "It proved virtually impossible to reach an agreement On the terms for a Ceasefire within the two-stage negotiating framework that had been adumbrated in the Geneva agreements and confirmed in the Caracas agreement. This was the case because some of the Core issues of the negotiations, at least from the
point of view of the Fl la Liberación Nacion, government's army a own army - were pl stage of negotiations. in a position to know going to be as an a needed to take all the at ceasefire time in or possibility that the n second stage and f( might fail.
'So the FMLN want that would assure t during the ceasefire. freedom of movemen military manoeuvres, train Combatants, anC themselves both in military supplies — anc period of time, how lasted and in large S' territory. These terms
Secession, Nationalist ( MOVements and Pe
by Adrian Wijemanne
(Continued from last issue). Part 2:
26. There are many instances, however, in which nationalist guerrillas are still fighting the conventional forces of the state in pursuance of their objective of secession. The oldest of these conflicts is in Myanmar (formerly Burma) where several different tribal peoples are simultaneously waging several different guerrilla wars to secede from the Union of Myanmar. These conflicts date back to 1948, all of 46 years. The guerrilla war being waged by the Moro nationalist guerrillas on the island of Mindanao in the Philippines for the secession of that island from the state of the Philippines is now over 35 years old. As mentioned earlier the Irish nationalist guerrillas in Northern Ireland are now in the 26th year of their struggle, lacking though they are in majority support. The Sudan Peoples Liberation Front led by John Garang wages a nationalist guerrilla war now over 12 years old to secure the secession of Southern Sudan from the state of Sudan, the largest state on the continent of Africa. The guerrilla war of the LTTE to secure the secession of the north-east province from the state of Sri Lanka is due to complete its 11th year shortly. Of only slightly shorter duration is the guerrilla war being waged by Sikh guerrillas for the secession of the state of Punjab from
the Indian Unio lish there the state of Khalis rage in Kashmi Kurds fight guel fronts simultane states - Iraq, II order to secure separate, indepe distan.
27. In all these factors in comm ventional militar fighting to prese have failed to nationalist gue military pressur the guerrillas to of secession for a 28. From all of be seen that whi military forces succeeded with in suppressing ideological disp failed uniformly, tion, against gué listic persuasion reason for this d
29. In my vie the systemic dif acter of the tw movements. Gud gical variety are of highly educat garde in thei theoretical belie bulk of their pe pathy. They do

15 AUGUS I Ty94
MLN (Frente Martí para al) - the future of the ind the future of their it off until the second Because they were not what their future was rmed apparatus, they necessary precautions lerto guard against the egotiations during the lowing the cease-fire
2d terms of a cease-fire heir military capability Those terms included !, freedom to carry out freedom to recruit and to Continue to supply erms of logistics and all this for an indefinite »ver long negotiations Natches of Salvadoran proved quite unaccept
able to the government even though they flowed naturally from the logic of a two-stage negotiations in which the end result was by no means guaranteed or assured.
'So the two sides agreed to reconsider the structure of the agenda and to think about compressing it into a single stage. That effort has taken up the time of the negotiators, of myself, and of Secretary-General Perez de Cuellar over the past three months or so. The problem became how to put together a package of guarantees for the re-integration into society of the FMLN: how both sides could go to the mountain-top as it were, and look at the valley on the other side and decide whether the outline that may emerge from the negotiations would satisfy the basic concerns and allow the FMLN to take the leap into society.” Alvaro de Soto, The Negotiations Following the New York Agreement,' in eds. Joseph Tulchin and Gary Bland, ls There a Transition to Democracy in El Salvador?, Lynne Rienner, London, pp. 145-146.
Guerrilla
aCe
n in order to estab
independent Sikh tan. Similar wars r and Assam. The rilla wars on three ously against three an and Turkey in
for their nation a ndent state of Kur
cases there are two on. First, the cony forces of the state rve the status quo
overwhelm the irrillas. Secondly, has failed to force abandon their goal
lesser alternative. the foregoing it will le the conventional of the state have tery few exceptions
guerrillas of an }sition, they have without any exceprrillas of a nationaWherein lies the fference?
v the reason lies in erence in the charo sets of guerrilla rrillas of the ideoloinvariably, a group d persons, an avant
society, holding fs with which the ple are not in symlot have, therefore,
the steady support of the great mass of the population within which they are located. Because of this the state is able to compete successfully with the guerrillas for support from the population and to generate guerrilla groups of its own - vigilantes if you will - who can engage the guerrillas in guerrilla warfare. Arrayed against ideological guerrillas are not only the conventional military forces of the state but also vigilante groups supported and organised by the state.
30. On the other hand, guerrillas of a nationalistic persuasion originate in quite a different way. The decision for secession is a widespread, general aspiration of their population. When the decision is opposed by the state guerrilla groups emerge as a reaction to that opposition and they espouse their nation's cause. They are the product of a widely felt nationalism within their society and so have widespread popular support. The state is unable for that reason to generate countervailing vigilante groups within that society and has only its conventional military forces to meet the challenge.
31. In the annals of guerrilla warfare worldwide Sri Lanka is unique as the only country which has experienced both types of guerrillas and that too within the comparatively short periods of the last 23 years. The two JVP insurrections were confrontations with guerrillas of an ideological disposition. Both were suppressed successfully - the first by the state's conventional military forces with some little Indian assistance; the second by the more common combination of state-sponsored

Page 25
15 A ST 1994
vigilante groups backed up by conventional military forces.
32. In 1983 there commenced the confrontation with the second type of guerrillas — the nationalist guerrilla movement fighting to establish the state of Eelam in the northern and eastern provinces of the island, for which the overwhelming majority of the population of those two provinces had voted at the general election of 1977. That vote, which marks an irrevocable turning point in the island's post-independence history, led to the sequence of events which we have already seen to be so common in many parts of the world - opposition to secession by the regime holding state power, the resultant emergence of armed nationalist guerrilla groups, guerrilla warfare pitting the conventional military forces of the state against the nationalist guerrillas who finally boiled down to the LTTE. That conflict has lasted now for well nigh 11 years.
33. One would imagine that Sri Lanka's unique experience of the close juxtaposition of the two quite disparate types of guerrilla movements would facilitate a clear understanding of the systemic difference between the two and a consequent appreciation of the implications of the conflict with the nationalist guerrillas. This has not been the case. The Sinhala public and its leaders' - who are really only followers of public opinion - seem to believe that both guerrilla movements are of a kind and can be dealt with in the same way. The crucial element of the success against the second JVP uprising - namely - the vigilante groups entrenched within the heart of Sinhala society which were able to ferret out and finish off the JVP are not available against the LTTE nor can they be generated within the north-east province. The Tamil mercenaries fighting alongside the Sri Lankan army are not te the same thing for they are extraneous to Tamil society and are not entrenched within it. What the state in Sri Lanka is engaged in is a classic nationalist guerrilla war of secession which is as unwinnable and unendable as in all other theatres of such conflict.
PEACE
34. Twice in this address I have used the phrase "unwinnable and unendable' in respect of wars waged by conventional armies against nationalist guerrilla forces. By ‘un
winnable' I meant t tender could overw and force it to sue f how conventional w endable' I meant could not be ended le quo intact i.e. the from which the sought, intact.
35. However, all are followed by a st: instructive to exam the type that we are ended and what th succeeding peace ha can be of very vary wars waged by natic for secession from e ded with the establi rate, independent, — from the 13 col America right dow guese colonies o Mozambique in the century. In no case tional armies of the succeeded in overw terminating the nat forces. Those forces standing army of th many nationalist g have become respec men in the new states. In all these c peace between the endured. Indeed, in very close and cord tionships have sp tween the US and ments and peoples a the Indonesians an
36. The next grou not from empires vidual states. Lea once again is the under attack from guerrillas to which so much attentior there are the cas Cyprus and Viet N ties. In the nineti Palestine. In all of secured only by se establishment of se dent, sovereign sta guerrillas - the Re Bangladesh, the Republic, united V and the nucleus o state in the Gaza on the West Bank. the peace between gonists has endu assistance in Cypri
37. Irrespective nationalist guerril secession from an individual state, p.

hat neither conhelm the other or peace. That is ars end. By ‘unthat such wars aving the status state or empire secession was
wars do end and te of peace. It is ine how wars of discussing have e quality of the is been for peace ring quality. All onalist guerrillas mpires have enshment of sepasovereign states lonies in North n to the Portuf Angola and seventies of this has the convenempires assailed helming and exionalist guerrilla have become the le new state and guerrilla leaders sted elder statesly independent ases the ensuing antagonists has many instances ial “special' relaung up as beBritish governund also between d the Dutch
p of secessions is
but from indiding the parade United Kingdom Irish nationalist we have devoted already. Then es of Pakistan, am in the sevenes Ethiopia and them peace was paration and the "parate, indepentes sought by the public of Ireland, Turkish Cypriot iet Nam, Eritrea the Palestinian Strip and Jericho In these cases too the former antared — with UN
S.
of whether the las have sought mpire or from an eace has been se
rea
cured only by the establishment of the separate, independent, sovereign state sought by the guerrillas. It is because this lesson of history is so well known that in many cases secession and the establishment of a separate, independent, sovereign state or states has been effected peacefully before nationalist guerrilla movements emerged. Indeed, the peaceful de-colonization of the British colonies after World War II was due largely to the British experience in North America with the 13 colonies and in Ireland. Every peaceful secession - be it of Singapore from the Malaysian Federation in 1962 or the splitting up of the British Raj on the Indian subcontinent in 1947 or the break-up of the Soviet Union in 1992 or the division of Czechoslovakia and Yugoslavia in 1993 bears the marks of that knowledge, namely, that if a nationalist guerrilla war of secession was allowed to commence the match, as they say, would be over.
38. It is instructive, also, to reflect on the fact that in none of these secessions, whether from empires or from individual states, were the nationalist guerrillas bought off by any kind of constitutional change whether it be devolution of legislative and executive powers to local or regional authorities or federal arrangements of whatever kind. This is because any constitutional change cannot, by itself, disarm and disband nationalist guerrilla forces and, since they cannot be eliminated by military force they persist as a permanent feature in the body politic. Then it is the body politic that changes to accommodate the military reality. There is no state with two contending armies permanently within it. There are then two states and the only question is how long it will take de fact to translate into de jure status.
39. How then is peace achieved in such situations? It comes about when peace becomes more important to the state defending the status quo than persisting with an unwinnable and unending war. States and the regimes which govern them require peace more than do nationalist guerrilla movements. The orderly governance of a state requires peace, especially now when the state has assumed everincreasing responsibilities over the lives and well-being and economic production of their citizens. The progressively tighter integration of
Continued on page 26

Page 26
2ses
Continued from page 25
the world's economies necessitates a constant drive for increasing international competitiveness for which peace is a basic requirement. In the case of developing countries the imperative need to secure foreign investment capital decrees the need for peace. From all of these pressures nationalist guerrilla movements are exempt and none more so than thos e based om near - subsistence economies.
40. Equally important is the threat to the state's regime itself from the continuance of an unwinnable and unendable war. Funds which could be used for buying political support have to be diverted to military purposes. However much is diverted the demands of the military in a time of war are insatiable and generate a tense and stressful, even though publicly invisible, stand-off between civil and military authorities. Military expenditure which produces nothing for the market is highly inflationary and could lead to galloping inflation if the civil authority succumbs to military pressure for all the funds they ask and is compelled to resort to the printing press for funds.
41. In the mature liberal democracies of the West the relationship between civil and military authorities is well settled and the supremacy of the former, even in times of war, is unquestioned. In the newlyindependent countries the relationship is still at an evolutionary stage and could be very fraught under the stress of war against a nationalist guerrilla force which is unwinnable. The escalation of military activity and the ballooning of military numbers present a potent threat to the civil authority.
42. In Sri Lanka these threats are compounded by a recent history of massive youth unrest due to an wholly inadequate response to the revolution of rising expectations. The huge drain of a continuing guerrilla war and its concomitant a burgeoning refugee population currently of over 600,000 persons estimated to cost around SL Rs.82million per day preclude any credible and acceptable level of investment in infrastructural and economic growth which are the first elements in assuaging youth aspirations. The first tremors of a third wave of such discontent have already been registered on the political Richter scale of the south.
43. When is a
which a state b separation? In
reached in 1922 a fighting; in Ethiop in 1993 after 30 ye endure such a lon the world's leading at the time and w country of the gre unique combinati Lanka. Since the has shortened dral 30 years in Ethi been much less ha su government b. the Soviet Union lasted 10 years di intervention of th
44. In Sri Lank the conflict is due month. The chose nomic growth - screw-driver type 3 with foreign pri capital - product society with a bac and an upwardly middle and lower has a vested inter inflationary ecor The mass of the the modernizing nomy is an explo could go critical at or no notice at all. requirement for military and ref and diverting the modernizing the ec basis and stavin explosive pressure ing up.
Whit The question that Tamil circles is MPs belonging to vananda’s EPDP by a mere 10,000 550,000 voters in would do in the The EPDP unq ported former Pr sa who assisted money and arm EPDP linked up forces in their Tigers. The arm mutually bene rather unorthoc which continued madasa's death.
Even though t election campaig the EPDP of be outfit used by against its politi

千霆佣。
point reached at buys peace with the UK it was fter 300 years of ia it was reached ars. The UK could g travail as it was g industrial power as also the mother atest empire - an on absent in Sri in the time-scale matically. The last opia would have id not the Mengiteen supported by In Viet Nam it ue to the massive
US.
a the 11th year of to close later this n strategy for eco- export-oriented industries founded ivate investment es a dichotomous kward rural mass mobile semi-urban middle class which 'est in stable antinomic conditions. population outside sector of the ecoosive mass which , very short notice Peace is an urgent cutting back on ugee expenditurę funds so saved to :onomy on a broad g off the latent es that are build
45. The convergence of factors in Sri Lanka mandates peace so overwhelmingly that in my view it is a country which will fall at the shorter end of the time scale on which states beset with nationalist guerrilla wars buy peace with separation. These portents are re-inforced by the intrinsically pragmatic nature of the Sinhala polity. The Sinhala people and their leaders' have accepted the reversal of all of the principal policies by which they expected to be benefited since indpendence - the de-statification, disenfranchisement and eventual repatriation of the Tamil plantation worker population; 'Sinhala only'; educational discrimination of the more blatant types; nationalisation and etatisme in general; the suspension of civil liberties on a broad front through "emergency' rule. No people in the region is more inured to radical changes and ignominious reversals than the Sinhala. Their genius has been to prosper and multiply and hold their ground despite a conspicuous lack of military success throughout their history. It is a genius that will re-assert itself before long.
46. I will conclude by saying that history does not repeat itself in any mechanical or predetermined manner. It only points the way in which mankind deals with similar problems in widely differing contexts. In the case of nationalist guerrilla wars of secession the finger of history points unmistakably to only one direction from which peace has, and can come - separation into two states.
her the 9 Jaffna MPs?
, is being raised in as to what the 9 Mr. Douglas Dewho were elected votes to represent the Jaffna district
new parliament. uestioningly supesident Premada
the EPDP with ns. In turn, the with the armed fight against the y and the EPDP fitted from this lox arrangement
even after Pre
he PA during the in openly accused ing a mercenary
the government cal opponents, the
chances are that the EPDP MPs would not join forces with the UNP in parliament, and in fact are more likely to extend their support to sustain the PA government by voting with it. The main reason for this being survival on the part of the EPDP, and on the other hand the need of the army for EPDP support against the Tigers in Jaff. na's offshore islands. So long as the war goes on in the north and the army wants to retain control of the islands, then it needs EPDP support. As far as the EPDP is concerned, so long as they are able to survive with the help of the army, and the government does not upset this arrangement, then the EPDP would see no problem of political principle, conviction or conscience to supporting the PA government in parliament.

Page 27
15 AUGUST 1994
Securing Secularism and Fec in India - A Landmark Jud
N. Ram, Editor of "Frontline'
The apex court has done the country and the political system proud. Its judgment is a frenendous blow to the BJP, to the cause of Hindutva and Hindu Rashtra, and to every other brand of communalism. In the battle against the adversaries of secularism, the corner has been turned, constitutionally speaking. The path has been cleared to introduce intelligently targeted and tough legislation against the mixing up of religion and politics.
The Indian political system and the media are yet to come to a real understanding of the historic import of the Article 356 judgment the Supreme Court pronounced, over several hundred pages, on March 11, 1994. The nine-judge Constitution Bench took up two of the critical issues of contemporary Indian politics, secularism and federalism, and came up with a powerful determination that could make a progressive difference to the working of the political system.
If it is understood that a Constitution is only as good as the way its core principles and provisions are put to work, then the Indian Constitution and the political system it is supposed to oversee and regulate have, for long, been in need of re-direction. At least for the remaining years of this century, the Supreme Court has clinched the rules of the constitution game in these two spheres.
The implications of the historic judgment are reported and analysed in detail in the Frontline. The verdict could not have been fairer om the recent instances of resort to Article 356. The Supreme Court unanimously and full-throatedly upheld the dismissal of the BJP State governments of Madhya Pradesh, Rajasthan and Himachal Pradesh in December 1992 - because their antisecular actions were inconsistent with the secular Constitution. The majority held as unconstitutional the Centre's use of the knife of Article 356 in Nagaland (1988), Karnataka (1989) and Meghalaya 1991), although there was no question of reversing the effects of unconstitutional actions now.
In arriving at 1 important verdicts, undertook a de novo al exploration of Art sion which violate: federalism by loadi favour of the Centre on its judgment, to particular elected le ecutive dispensation making up its mind exploration, the ape. high ground and b tional question the review over Centre generally and, in resort to Article 356 Without such a pov constitution scheme tion of fairness and ing in the federal scheme would be a
The majority di the nine-membe Bench serves notic that, in future, the of the use of the kn (which has, notori plied over 90 times be eminently justi words, the higher ju more active and ef the game the Cent hand, plays with clear, in any fair po that until this judgr cheating was the r the exception in thi
The key operat Supreme Court's ment on the use of 4 the majority agreel the following specif
ár The validity of issued by the Presi cle 356(1) is judicia the extent of exam was issued on th material at all or w rial was relevant proclamation was is fide exercise of pov та facie case is r challenge to the p) burden is on the U1 to prove that the r did in fact exist.' T be either the report or something other but it must meet tl

TAMIL TIMES 27
leralism gment
hese politically the apex court and party radicicle 356, a provithe theory of ng the decks in and enabling it, do away with a gislative and exin a State. In at the end of the court places on eyond constitupower of judicial -State relations particular, the by the Centre. ver, the written and any quesjustice subsistaspect of the raud.
2termination on r Constitution e on the system constitutionality ife of Article 356 ously, been apsince 1950), will ciable. In other udiciary will be a ective umpire in 'e, Article 356 in the States. It is litical reckoning, ment came along, ule and fair play s game. ve part of the landmark judgArticle 356 lies in ment reached on c points: he proclamation dent under Artilly reviewable to ining whether it e basis of any hether the mateor whether the sued in the mala er. When a prihade out in the oclamation, "the ion Government elevant material he material may of the Governor than the report, e new test.
ir Article 74(2), which bars judicial review so far as the advice given by the Ministers to the President is concerned, is "not a bar against the scrutiny of the material on the basis of which the President had arrived at his satisfaction.'
der The Constitution places a check on executive power exercised in the name of the President by requiring parliamentary approval of a presidential proclamation issued under Article 356. Therefore, "it will not be permissible for the President' to exercise powers under sub-clauses (a), (b) and (c) of Article 356 (1) and to "take irreversible actions' until 'at least both the Houses of Parliament have approved of the proclamation.' In other words, the Legislative Assembly of a State cannot be dissolved until 'at least both the Houses of Parliament approve the executive action.
# If the presidential proclamation is held invalid, "then notwithstanding the fact that it is approved by both Houses of Parliament, it will be open to the Court to restore the status quo ante” and bring back to life the Legislative Assembly and the Ministry.
k While the Court“will not interdict the issuance of a presidential proclamation or the exercise of any other power under the proclamation, in appropriate cases it will have the power by an interim injunction to restrain the holding of fresh elections to the Legislative Assembly pending the final disposal of the challenge to the validity of the proclamation. This it can do to avoid a fait accompli and to prevent “the remedy of judicial review (from) being rendered fruitless.'
The most far-reaching aspect of the Supreme Court's judgment lies in its splendidly uncompromising championing of secularism as a basic and inalienable feature of the Constitution - a feature nobody has any right to work against. The majority agreement on the secular imperative is contained in this conclusion in the judgment delivered by Justice Sawant (on behalf of himself and Justice Kuldip Singh:) "Secularism is a part of the basic structure of the Constitution. The acts of a State Government which are calculated to subvert or sabotage secularism as enshrined in our Constitution can lawfully be deemed to rise to a situation in which the government of the State cannot be carried on in
Continued on page 28

Page 28
28 TAMIL TIMES
Continued from page 27
accordance with the provisions of the Constitution.'
An excellent exposition of secularism is offered in Justice B.P. Jeevan Reddy's judgment (for himself and Justice S.C. Agrawal): “While freedom of religion is guaranteed to all persons in India, from the point of view of the state, the religion, faith or belief of a person is immaterial. To the state, all are equal and are entitled to be treated equally. In matters of state, religion has no place. No political party can simultaneously be a religious party. Politics and religion cannot be mixed.'
In this powerful exposition of secularism as something permanently embedded in the Constitution, Justices Reddy and Agrawal demolish every one of the building blocks of Hindutva (and every other type of communal) ideology:
It is 'absolutely erroneous to say that secularism is a "vacuous world'
or a "phantom co Constitution has which strongly e. ment to secula equality, non-di justice for all its ( can be permitted equal than any equal liberty of impermissible to
second-class citiz Secularism de hands-off state p gion, but it cer state has no relig stitutional for it any religion. Ins of the state (in i tion) religion is strictly a persona
The founding concept of equa justice-based sec Constitution "not fashionable, but imperative in the
Above all, it illegitimate for e
THE ASSASSINATION P.
Bogged Down Without Much
By T.N. Gopalan
More than three years after the assassination of former Prime Minister Rajiv Gandhi, the Indians are nowhere near conclusively solving the murder mystery - meaning that though the needle of suspicion does seem to point to the LTTE, nothing much is known about the actual contours of the conspiracy which led to the assassination or of the exact motives of, or the details of interaction between the dramatis personae involved.
Neither the Jain Commission probing into the conspiracy angle at New Delhi or the Special Court trial of the accomplices at Madras have made much of a progress. Further recently there have been some developments which seem to have effectively paralysed both the proCeSSeS.
It may be recalled here that in the first place it was the Justice Verma Commission which had been entrusted with the omnibus task of unravelling the mystery, tracking down the guilty and pinpointing the security lapses which led to the tragedy.
But Mr J.S. Verma, a sitting judge
of the Supreme confine himself to angle, saying the being probed in Investigating Te Bureau of Intelli
The Verma Co mit its report ir blaming, predicta ity agencies invol was stating the whatever it said was known in th
In the mean appointed Justic tired Chief Justic Court, to go in angle.
It started off C note, issuing not dry, and vowing it all.
When leading up before it for de excitement in the When it majest proceedings wol events since the and not since t Indo-Sri Lanka A

15 AUGUST 1994
ncept.' The Indian several provisions xpress its commit"ism. This means scrimination and :itizens and no one to be less or more other. It means conscience. It is treat minorities as
ES.
oes not mean a olicy towards relitainly means the ion and it is unconto tilt in favour of hort, in the affairs ts widest connotairrelevant; it is l affair.’
fathers read the ality-fairness-andcularism into the t because it was because it was an
Indian context.'
is constitutionally ither the state, or
any political party, to mix up reli-. gion and politics; to use communalism as a political mobilisation strategy; and to fight elections 'on the basis of a plank which has the proximate effect of eroding the secular philosophy of the Constitution.' A party or organisation which "acts and/or behaves by word of mouth, print or in any other manner' to bring about the effect of mixing up religion and politics will certainly be guilty of an act of unconstitutionality.' It will "have no right to function as a political party.'
The apex court has done the country and the political system proud. Its judgment is a tremendous blow to the BJP, to the cause of Hindutva and Hindu Rashtra, and to every other brand of communalism. In the battle against the adversaries of secularism, the corner has been turned, constitutionally speaking. The path has been cleared to introduce intelligently targeted and tough legislation against the mixing up of religion and politics.
Progress
Court, preferred to ) the security lapses whodunit part was to by the Special am of the Central
gence. ommission did submarch last year, ably, various securlved, but in effect it obvious, or at least did not add to what e matter.
time the Centre e M.C.Jain, a ree of the Delhi High to the conspiracy
on a very pompous ices to all and sunto get at the root of
politicians queued 'position, there was 2 air.
jically ruled that its uld cover all the beginning of 1981 he signing of the Accord in July 1987
as prayed by the Cong-I government at New Delhi and the AIADMK government in Tamil Nadu, people started taking it seriously.
The reason behind the demand for restricting the scope of inquiry was that the ten-year time-frame contemplated by the Jain Commission would cut across the investigation already conducted by the SIT apart from jeopardising the assassination trial itself.
But everyone knew both the Centre Cong-I and the AIADMK were afraid that innumerable skeletons - on the LTTE connection, that is - would tumble out of their respective cupboards if any serious probe was done into the origins of the Indian interaction with the Sri Lankan Tamil militants.
There were genuine fears too that if the Commission came to a different conclusion from that of the SIT, the entire trial would be thrown out of gear. But those more interested in getting at the truth of it all than in getting at some persons or other indicted in the name of patriotism pointed out that more than the SIT inquiry and subsequent prosecution, marked by a distinct missionary zeal to collar those responsible for felling a prince of India in the prime of his life, a judicial probe seeking to cover the footprints over a longer timeframe could be expected to reveal a great lot of interesting things.

Page 29
But no, there are vested interests at work, and they would not like the Commission to go the way it pleased. Curiously a public interest petition was filed by one Mushtaq Ahmed, a Supreme Court advocate, in the Delhi High Court seeking the quashing of the very notification appointing the Commission. (Nothing much is known about this advocate as to what his interests are or background is). The High Court promptly directed, without even a formal
notice to the Commission, though
the Centre and Tamil Nadu government had been so notified, that the Commission's probe could cover only the events which took place after July 27, 1987 when the Indo-Sri Lanka Accord was signed.
Worse, the Court also restrained the Commission from going into the areas covered by the charge-sheet (of the SIT) as also the persons and agencies alleged to have been involved in the assassination. Its rationale was that the probe into the areas covered by the SIT would be tantamount to a parallel inquiry.
Incidentally the High Court pronouncement came close on the heels of an outburst from Mr Justice Jain himself saying that the government was placing hurdles in its path and claiming secrecy for most of the relevant documents.
And there is now another petition on the matter, also from a Supreme Court advocate, pleading for modification of the injunction on the Jain Commission and for widening its scope than even provided for before the High Court order.
This petitioner accused the Central agencies of adopting all types of dilatory tactics to frustrate the Commission's efforts and noted that the Commission had not been able to even start its "real job' all these years and was stuck at the very interpretation of its terms of refereCe.
Whatever the fate of that petition, the DMK has struck a further blow against the credibility of the Commission by abruptly withdrawing from its proceedings saying that the new cut-off year would only help to cover up the tracks (of those who aided and abetted the LTTE in the early eighties).
But the Commission itself remains, or professes to be, unfazed. It says that the High Court's order was only interim in nature and that the final order could change the scheme of things for it.
But then so far nor the Commis bothered to ask t reconsider the int ing the knife in wound, the Centre ment of its procee disposal of the w the Delhi court.
The tria
Meantime thin with the Rajiv ass Madras. The Sl charge-sheet in Se listed as many as
The examinatio which started ea come to an abru defence lawyers manding parity wi for the purposes from the governm
These defence l by the court itsel forming their dut began last year, wi being paid a sing government for Though they had : sum of Rs.50 (against Rs.1,500 p. the prosecution) so collected fees ev
appearance.
Now it so happel lawyers, appointec the SIT, that is been receiving the ularly, the state been remiss on i defence lawyers.
Why the defenc till July 5 when midway through t. register their proti they had not re. from any of the questions for whi difficult to come by
Anyway the fact has been done lawyers and they their protest.
While the state keeping mum on majority of the accu moved the Suprem ras High Court s tervention to end case remains stalle
It is not known cial Court can an with the hearings boycott by the ( Already the Gover faced with a rath

either the Centre sion itself have he High Court to erim order. Turnhe Commission's has sought deferlings till the final it petition before
troubles
gs are no better assination trial at T had filed its ptember 1992 and 1,014 witnesses.
n of the witnesses ly this year has pt halt with the staying away deth the prosecution of remuneration ent. awyers, appointed f, have been pery since the trial thout, they claim, le praise by the their efforts. agreed to a paltry per appearance per appearance for far they have not en for a single
ns the prosecution d as they are by the Centre, have ir payments reggovernment has ts part, say the
e lawyers waited they walked out he proceedings to ests and whether ceived payments 26 accused are ich answers are
V.
remains injustice to the defence are justified in
government is | the matter, a used have already e Court and Madseeking their inthe impasse. The d.
whether the Sped will go ahead in the face of the lefence lawyers. nment of India is er embarrassing
situation over the trial (apart from the Jain probe that is) in that an extremely sensitive case in which international public opinion is or should be evincing a keen interest is being handled very secretively, leaving a lot of scope for allegations of miscarriage of justice.
The proceedings are held in camera and cannot be reported on in any manner whatsoever. Even the identity of 179 of the 1014 witnesses are kept secret for reasons of security. All the 26 accused are detained under the anti-terrorist law - in the normal course of things they all would have been enlarged on bail by now. I know Mr. T. Gnanasekaran, father of Perarivalan, one of the accused in the trial, has gone before the High Court with a prayer that the Designated Court be directed to conduct the Rajiv assassination trial in an open court. When the Verma Commission had conducted its proceedings in public, and the Jain Commission is following suit, what harm would come if the Designated Court too proceeds along the same lines, the petition wonders.
Incidentally of the 500-odd witnesses likely to be examined in the course of the trial, only 51 persons have been disposed of in the last seven months. Even as the 52nd witness was being examined, the defence walked out. So one can easily realise the possible time frame involved and the mental agony it could all cause to the accused if the proceedings are going to continue at the present snail's pace.
To be noted here is that but for a couple of persons, the rest are all only peripherally involved even by the prosecution's contention. Even Nalini and Murugan, perhaps the two key accused, could have nothing much to reveal by way of the conspiracy, directives and so on.
With the perpetrator vanishing with the act itself and the other master-mind killing himself, nothing much is going to come of this trial except for some patriotic breast-beating, and in the process many more lives, unwittingly caught in the web, are going to be ruined, if they have not been already.
Some more transparency is indeed called for in the interests of justice.
But when the state government does not care too very much even about prompt payment to the defence lawyers, this aspect is unlikely to engage its mind.

Page 30
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Phone: 08-644 0972 Fax: 08-241 4.557
MATRIMONIAL
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FORTHCOMING WEDDING Sitsabesan - Ambika
Sitsabesan son of Mr. V. Sivasupramanian (Principal Emeritus, Alaveddy Arunodaya College) and Mrs. Silvasupramaniam of Ayanarkovilady, Vannarponnai, Jaffna, presently Post Box 644, Victoria, Republic of Seychelles to be married to Ambika daughter of Mr. K. Arunasalam (Principal Emeritus, Chulipuram Victoria College) and Mrs. Arunasalam of Sithankerny, Vaddukoddai, Jaffna on Wednesday, Seventh September 1994 at Hotel Ranmutha, Kolupitiya, Colombo, Sri Lanka.
WEDDING BELLS
We congratulate the following couple on their recent wedding. Bahuleyan son of Mr. & Mrs. V. Sithamparanathan of 2 Edward Place, Dehiwela, Sri Lanka and Niruba daughter of Dr. & Mrs. R. Paramathasan of 13 Sandacre Road, Nine Elms, Swindon SN59 JU, U.K. On 20.8.94 at Ealing Town Hall, London W5.
Sivaseelan son of Mr. & Mrs. M.K. Sabaratnam of "Sivapuram, Sithankerny, Jaffna and Valarmathy daughter of the late Mr. Balasubramaniam & Mrs. P. Balasubramanian of Navindil, Karaveddy, Jafna on 21.894 at Heath Clark High School Hall, Cooper Road, Croydon. Ramanan son of Mr. & Mrs. S. Vivekanandan of 101 Melrose Avenue, Mitcham, Surrey, U.K. and Sumathy daughter of Mr. & Mrs. V. Ponniah of 94 Havers Avenue, Hersham, Surrey, U.K. on 21.8.94 at Civic Suite, Wandsworth Town Hall, London SW18.
OBTUARY
Mrs. Sivapakiam Kulasingham of Tellippalai, Sri Lanka, beloved wife of late Sinnathanby Kulasingham (Retired Post Master), loving mother of Dr. Gumapoopathy Ponnampalam (Brunei), Tharmarajah (UK), Vi. jeyaladchumy (UK), Sivapalan (Australia); mother-in-law of Ponnampalam (Brunei), Chandravathana (UK), Ramanathan (UK), Manjula (Australia); sister of late Saravanamuthu, Navaratnam and Mrs. Chinnappah, passed away peacefully on 8th August 1994 and Funeral took place on the 15th August 1994 in the United Kingdom. - 38 Sheldon Avenue, Clayhall, llford, Essex IG5 0UD, UK. Tel: O81-550 0908.
 
 

IN MEMORAM
In ever loving memory of Mrs. Thanganachchlar Supramaniam, born in 1903, at No. 37 Bar Road, Thamaraikerny, Batticaloa, on the first anniversary of her passing away on June 6th, 1993,
Sadly missed and fondly remembered by her only daughter Roobasothy (Retired Head Mistress) son-in-law K. V. Sithamparapillai, Notary Public and Justice of Peace, her beloved grand children Kanthan, (USA), Nesan (USA), Kumar (Attorney, Canada), Dr. Kantha (UK), Kanthini (Batticaloa), Mohan (UK), Verl (USA) and Siva (USA). Gently with love your memory is kept Your affection and kindness We will never forget You are always in our thoughts And for ever in our hearts.
"Grand Children'
- Nesan S. Sriskanda, H-6 Carolina Gardens, Columbia, SC 29205, USA.
in loving memory of Herbert Rasiah Kanagarajah on the third anniversary of his passing away to glory on 25.7.91.
Sadly missed and fondly remembered by his loving wife Mani; children Dhayanthi, Vasanthi, Mohan and Suhanthi; son-in-law Devakumar; grandchild Rebecca; and sisters Selvaranee, Amirtharanee and The varanee - 31 Donald Street, Blackburn South, Melbourne, Victoria 3130, Australia.
Mr. Mayilvaganam Velummayilum, J.P., U.M., Attorneyat-law and former Chairman, Urban Council, Point Pedro, Sri Lanka passed a way or 3 1.8. 1989 afnd the fiffh anniversary of his demise falls On 31.8.1994.
Sadly missed by his loving wife, children Thayanandarajah (U.K.), Nithiyanandarajah (New Zealand), Mayilvaganarajah (U.K.), Chitra, Anandarajah. Krishnarajah and Jayanthi (al of Sri Lanka), in-laws, relatives. friends and a host of grateful constituents – 59 Edgware Gardens, Edgware, Middx., HA8 8LL, U.K.
Mrs. Yogamany Kandiah departed on 29.91. Fondly remembered on the third anniversary of her passing away by her beloved husband. children Chandrakumaran (Canada), Chandrakumary (Bury, U.K.), Chandrasekeran (Epsom, U.K.), Chandramalar. Chandrakanthi, Chandramohan (all of Canada) and Chandrakala (Australia); sons-in-law Rajasooriyar, Wigneswaran, Sivasekaran and Pathmanandavel; daughters-in-laMv Usha, Shanthini and Mirunalini: brother Yogarajah and several grand children - 49 Courtlands Drive, Ewell, Epsom, Surrey KT19 OHN, U.K.

Page 31
15 AUGUST 1994
ln fond memory of Mrs. Sinnathangam Suppiah (Retired Headmistress, Arunasalam Vidyasalai, Alaveddy, Sri Lanka) on the sixth anniversary of her passing away on 2O8.88.
Sadly missed and fondly remembered by her children Sivathasan and Sivarupavathy daughter-in-law Sivadevi; sonin-law Sivasubramaniam and grandchildren Kuhan, Nirupa, Meera and Parathan - 303 Hempstead Road, Gillingham, Kent M373O.J.
FORTHCOMING EVENTS September 1 Eekathasi. Sept. 3 Pirathosam. Sept. 4 6.00pm “Vadhya Virundhu' presented by the Students of Smt. Rudranee Balakrishnan in concert in Violin, Veena & Flute at Kalyana Mandapam, London Sri Murugan Temple, 76 Church Road, London E1.26AH in aid of Temple Building Fund.
el: O81 478 8433. Sept. 5 Amavasai. Sept. 9 Vinayagar Chathurthi. Sept. 107.00pm S.C.O.T. presents Bharatha Natyam Recitall by Mallika Sarabhai with music accompaniments from India at The Logan Hall, 20 Bedford Way, London WC1 Tel 081 904 6472/9227 Sept. 13 Aavani Moolam. Sept. 14 Feast of the Triumph of the CrOSs. Sept. 15 Eekathasi. Sept. 16 Feast of St. Cornelius * St. Cyprian. Sept. 17 Pirathosam. Purattasi Sani - 1st week. Sept. 18 11.30am Kokuvil Hinu College Old Students' Assodation (U.K.) Annual Lunch and A.G.M. at Thomas Tallis School Hall, Kidbrook Park Road, London SE3 9PX. Tel:
395 251507. Sept. 19 Full Moon. Sept. 20 Feast of St. Andrew, S. Kim and Companions. Sept. 21 Feast of St. Matthew.
Sept. 24 Puratasi Sani - 2nd Week. Sept. 28 Feast of Saints Wenceslaus, Lawrence Ruiz and Companions. Sept. 299.30am J.S.S.A. (UK) Cricket & Netball Festival 1994 at Warren Farm Sports Centre, Windmill Lane, Southall, Middx. Tel: O81 952 7293.
Sept. 30 Feast of St. Jerome.
At the Bhawan Centre, 4A Castletown Road, London W149HQ. Tel: O71 381 3086/ 4608. Sept. 9 7.30pm Ganesha Chaturthi Bhajans, Puja & Prasad. All welcome. Sept. 177.00pm Veena Recitall by Geetha Bennet from India. Sept. 3, 10, 17 & 24 5.30pm Gita lectures by Sri Mathoor Krishnamurti. All welcome.
Eelam Poet Passes Away
Mr. Guy de Font Galland, popularly known as Eezhathu Rathinam, who played a leading role in the making of Tamil and Sinhalese cinema, was involved in a tragic accident, his moped colliding against a government transport bus in Madras on June 19, and he succumbed to injuries in a government hospital the next day. Mr. Rathinam (58), hailing from Batticaloa district, had a stint in Tamil film-making in Tamil Nadu in the late fifties and early sixties, went back to Colombo and wrote lyrics and scripted dialogue for a number of Tamil films. He also went on to direct a number of Sinhalese films and made a name for himself.
But When the 1983 riots broke out, he too was among the worst hit, and he sought refuge in India along with his family. After undergoing untold
Jor res bOr the the Vidi
 
 

niseries in the refugee camps, e finally found his vocation in e Organisation for Eelam Regees Rehabilitation where he erved as the in-house poet, ounselor for other refugees ind went all out to acquaint the amil Nadu leaders of the probams faced by refugees in the hanged situation after the issassination of Mr. Rajiv Sandhi.
Charumathy's Concert
he Carnatic vocal concert On 8th June last at the Acton own Hall by the front rank usician of Madras, Smt. Charmathy Ramachandran was a all bonanza for the discerning assical fans of London. Charmathy, was passing through ondon on her way back home nd obliged some friends to ng here with the assistance of cal accompanists - Dr. Laklmi Jayan on the violin and e young Pararajasingam others Jason and Jonathan the mridangam. It was one the best concerts we listened in London in reCent fines. any years back we heard haru in Madras when she was her prime, and now her voice richer and toned down attraCely. Her Kalyani raga alapaand the Papanasa Sivan thanam 'Unnaiyalal" stood 't superbly elegant. The alana reminded us of the auantic Tanjavur nadaswara ani. Her staying on the line 2eye Meenakshi, Kamakshi, elayadakshi' in charanam d the niraval evoked de VOn. Lakshmi Jayan stood out st in her elements particularin this alapana and piece.
A special attraction in this ncert was the handling of dangат ассотрапітетt by young lads Jason and lathan (15 and 13 years pectively). These London n students were initiated in art by Adyar Balu (son of late Vital lyer, Mridanga wan of Kalakshetra) and la
TAMIL TIMES 31
DMK president M. Karunanidhi was seen breaking down when he was listening to a lyric penned by Mr. Eezhathu Rathinam, on the plight of the refugees who ran away from troubles at home only to find themSelves further immiserised here. - Thanjamendru naangal vandhom indha mannile, yenjiyadhu kanneer yengaliru kannile. . . . ran the song.
༄
&
১৯২৯
ter trained by Balasri and presently looked after by Kirupakaran of the Sruthi Laya school, had their Arangetram just three years back. Having had opportunities to play for senior vidwans they show immense prospects in their handling of the mridangam with skilland devotion. In this concert their accompanying to the Sriraga Pancharatna kirthanan at the start itself was impeccable and beautiful in both rhythmic and tonal quality. They were able to go through the difficult Pallavi piece admirably. It is a pity that a number of our youngsters in London who have had their Arangetram in violin or mridangam have not exposed themselves at Similar performances, either due to lack of Selfconfidence or parental support, we do not know. The standard achieved by Jason and Jonathan is due to the advantage they had to play for a number of junior and senior vocalists. It would do well for them to go through a course in vocal music training, s. at they will be able to grasp the phraseology of Carnatic comDOSitionS. S.S.
Pandit Navaratnam, International A S tro - PalmoNumerologist, formerly of Navalar Road, Jaffna is now in London on a short holiday and those wishing to see him please telephone him On O8-573 6709

Page 32
32 TAMIL TIMES
Memorial Service
A service of praise and gratitude for the life of Mary Rose Richards of Serendeepam, Sithankerny, Sri Lanka vas held on Saturday 21 May 1994 at the Bridletowne Park Church, Toronto, Canada.
Beni Ponniah who led the service told a packed Congregation of friends and relatives that Rose Aunty was a beautiful Woman, With a beautiful heart in a beautiful garden that was her own at Sithankerny and cared for everyone. No one, he added, "was lesser or greater than the Other.'
Her nephew, Ronald Jeyaseelan, led the Prayer of Remembrance, niece, Karuna Gnanasegaram, led the family choir and grandnephew, Beno Kanagaratnam, offered flowers at the altar. The lessons were read by Remy Machado and Dante Thurairatnam.
The sermon was delivered by her elder son, Richards Karunairajan on the biblical text: "How can one be born again?, based on the question Nicodemus raised with Jesus. He spoke of the sacredness of life from biological conception to spiritual rebirth and parental obligations, all in harmony with God's beautiful bounties.
The fruits of the spirit is love, joy, peace, patient endurance, kindness, generosity, faith, mildness and Self-Control. Gal. 5:2223.
Navaratnam Navaruban - An Appreciation
4
Born in June 1944, Navaruban hails from Jaffna. He had his early education at St. John's College, Jaffna and passed out from the University of Peradeniya in '71 obtaining a Bachelors Degree in Civil Engineering. He soon joined the Mahaveli Development Board where he served for some years and during this period obtained his full membership of the Institute of Chartered Civil Engineers, U.K.
The great exodus' of technical and professional men from Sri Lanka in the late seventies included Navaruban tOO. Nava moved to Nigeria to join the Capital Development Board of Kaduna State in November '78 as Engineer. It did not take the Capital Development Authority long to identify and recognise the professional
Skills and versatili neteOric rise from to beCOne Senior gineer, Assistant C ly attending to the c Concurrently overse partment as well, tM the Metropolitan C. number of employe dence placed on h Head of the State, always included him for all major engin taken by the Capitɛ The Governor deen red-tape and hav Consultations with gineering projects a the metropolitan are
Despite his clos head of State a bureaucracy, Outsi office Nava as he is colleagues, friends the simple, unaSS Nava may move M bureaucrats yet doe touch. Neither foe hur fairn. To hirn a toO nuch.
Nava loved his fa promising future in Service, in the inte, his Children he deC. in Canada in '87. H firm of Consulting E there until the Cold '94 Vver der tra work site accident, On Nava. The den chilled the Weather lowered itself to an decades of -43C On rest, the 15th Jay attended funeralse
Nava leaves be Sons. He was a lo father, a dear brot His untimely death his family and ind May his soul rest it
Dance Nadiana
Sruthi Laya Seva based charity whi Music and Dance Bharatha Natya Ashcroft Theatre, F on Saturday, 10th 7.30pm.
The programme Mrs. Girya Varotha) performing with the dance school, Na follows the tradition, highlight of the eve drama Bhama Vi preceded by a few c accompaniment will ing artistes based i
 

ty of Nava. He had a the position of Engineer Engineer, Principal Enhief Engineer and finalluties of Chief Engineer 2eing the Electrical Deso of the largest units in ouncil with the highest es. The trust and confiim Was Such that the
the Military Governor in the inspection team eering projects underal Development Board. ned it necessary to cut e direct contact and
Nava on major enand related matters for
a.
e association with the ind top men of the de the portals of the affectionately called by and associates still had uming amiable ways. fith Governors and top 2s not lose the COmmOn nor loving friend could ll men count and none
mily. Although he had a the Kaduna State Civil rest of the education of ided to relocate himself e soon joined a leading ingineers and remained morning of 13 January gic circumstances in a death laid its icy hand hise of Nava had even gods, the temperature all time low for Over two the day he was laid to nuary, after a largely rvice.
hind his wife and two ving husband, a dutiful her and a good friend. is an irreparable loss to eed to our community. т peace.
N. Jegatheesan.
Drama by
Bhrammam
Trust (UK), a London Ch promotes Carnatic is having a benefit programme at the airfield Halls, Croydon of September 1994 at
is choreographed by vasingham, who will be
Senior students of her dana Bhrannan, that all Vazhuvoor style. The ning will be the dance jayam which will be classical items. Musical I be provided by leadn London.
15 AUGUST 1994
V Wins Bronze for U.K.
Parosha Chandran has won the Bronze Medal being placed third in the Diploma Examination of the International Institute of Human Rights held in Straasborg, France in July '94. She was the youngest entrant to this examination and was the only British entrant. She won her initial scholarship to Straasborg from University Col. lege, London from where she has completed her Masters.
The Institute of Human Rights was founded by Rene Cassin after he won the Nobel Prize 22 years ago. The Diploma course attracts well over 450 lawyers from 92 countries and it is the first time in three years that Britain has won a Prize.
Parosha is the only daughter of Dr. Raj Chandran, Commissioner of Racial Equality and Dr. Qudsia Chandran.
U.S. Varsity Honours laiyaraaja
Music Director layaraaja was conferred with a Doctorate on behalf of the University of Arizona by the Tamil Nadu Foundation (TNF) and the Federation of Tamil Sangams of North America (FeTNA) at the Garden State Exhibit Centre, Somerset. New Jersey, USA.
Kamalahasan, leading film actorproducer introduced Ilaiyaraaja to the gathering. Play back singer S. P. Balasubramaniam felicited the maestro and gave a light music programme with S. P. Shailaja.
The Mayor of Teaneck, Mr. Johan Abraham honoured Ilaiyaraaja and Kamalahasan with the Honorary Citizenship of his town and presented them the 'Ceremonial Key'. Ilaiyaraaja also attended the general body meeting of the TNF,
The Fe TNA president Dr. Azhagu Ganesan, the TNF president Mr. Ravi Thukaram and the convention Committee Chairman. Mr. O. Ravanan organised several programmes during the three-day convention which included "Patti Manran, 'Kaviarangam', music and dance.
Famous Astrologer & Numerologist Mrs Kulabalasingham, World Famous Astrologer and Numerologist living in Canada can cast, read and compare horoscopes.
Contact (416) 536 0419

Page 33
15 AUGUST 1994
AUSTRALIAN NEWS LETTER Muthamil Malai in Sydney
The Australian Tamil foundation presented "Muthamizh Malai' at the Bankstown Town Hall, Sydney on July 2nd 1994. The foundation provides services to the Tamil community in areas such as employment opportunities, training and further education, child care training etc. The foundation receives financial support from the state government of New South Wales.
The main purpose of the function on July 2nd was to present awards to Tamil students who had achieved Outstanding results in the NSW Higher School Certificate examination. The presentation of awards was preceded by a veena orchestra by students of Mrs. Yoga Thanigasalam and a dance item by students of Anandavalli.
Nitya Patanjali of St. George Girls' High School was awarded a prize donated by Dr. K. Baska and Dr. (Mrs.) Meena Baska in memory of his father Mr. C. Baskarasamy. She also received the Dr. V. Rasanayakam Memorial Trophy presented by Mr. Y. Rasanayakam and Dr. (Mrs.) Rajini Rasanayakam. Mr. Anand Narayan Ganesan of Sydney Grammar School was awarded a prize donated by Dr. A. Balasubramaniam and Mrs. Devi Balasubramaniam in memory of her father Senator S. F. Kanaganayagam. Manu Narayanaswamy of Homebush Boys' High School was awarded a prize donated by Dr. N. Sivasubramaniam and Mrs. Loga Sivasubramaniam.
After the interval Mrs. Lakshmi Raman presented Thamilisai' and the Sydney Tamil Poets presented a Poetry Debate. This was followed by a comedy Drama by students of Ashfield Balar Malar.
The Chief Guest at the function was the Minister of Multicultural Affairs Hon. Michael Photios M.P. The function was presided over by The President of the Foundation Mr. Shiva Pasupati.
Ganesha Visarjana Festival
Since 1991, the majority of Hindu-based organisations in New South Wales have jointly celebrated the Ganesha Visarjana Festival on Ganesha Chaturthy day. This has been the first celebration of its kind in the whole of Australia.
In 1990, Sri Sivaya Subramuniaswami, founder of the Himalayan Academy based in Hawaii and California, visited Sydney. He suggested that all the Hindu organisations in the state of New South Wales should celebrate Ganesha Visarjana as a joint function. He said it had already become a tradition in California. A committee with Dr. A. Balasubramaniam as Chairman, was then elected to organise the Ganesha Visarjana celebrations for 1991.
Since 1991, the Sri Venkateswara Temple in Helensburgh, New South Wales has hosted the celebrations. It is the first traditional Hindu temple to be built and consecrated in the whole of Australia. The original shrines to Lord Venkateswara and
Sri Ganesha were c During the last couple LOrd Shiva, Sri Par Subramaniaswami a have been built. The kan took place on
Work is proceeding c dapam which will er temples. The Sri V dapam will also be er
The Ganesha Vi, Vear Will be celebra September 1994, at Temple. The religiou gin at 7.30am with t Starting at 8.15am. T. Abishekam, Alankare Ganesha.
A cultural show, in Indian-based organis begin at 10.00am. E Ganesha Colouring dren under 15 year proved popular with taking part. Every ch cate, with three prize the three age-groups.
am-Hen-Ho
Continued from pag
Is there a way
only light at the e is a solution profe Rights Moveme statement urges
jetunge to invok Jurisdiction of the in the matter, th sages from the C are as follows:
"The problem we matter which go basis of the systen tive democracy an of the electoral pro be considered abov In order to see how resolved, it is nece clear about the cor legal implications state of affairs.
It is, in our be deal with this typ able problem that has conferred con diction on the que fact of public impo arisen or is likely t 129). This jurisdict voked only by the court makes its rep hearing as it thir means that it may missions by politi other bodies. At leas

TAMIL TIMES 33
Secrated in 1985. of years, temples to ati. Sri Durga. Sri d the Navagrahas Maha Kumbabisheanuary 23rd 1994.
a very large Manlose all the Salva enkateswara Manarged.
arjana Festival this 2d on Sunday 11th e Sri VenkateSwara Ceremonies will bee Ganapati Homam is will be followed by m and Poojas to Sri
which over a dozen ations take part, will /ery year there is a competition for chils of age. This has hundreds of children ld receives a Certifi|-winners in each of
From mid-day onwards a canteen will sell delicious lindian food including Dosa, Sambar, Puri, etc. After 2.00pm decorated Clay idols of Sri Ganesha will be taken in procession to a nearby beach (Stanwell Park Beach) to be immersed in the water of the Pacific Ocean.
This Festival attracted a crowd of over 4000 last year and a similar crowd is expected this year too.
Ganesha Visarjana names the Ganesha Chaturthi immersion ceremony. Visarjana' is a Sanskrit word meaning departure. The clay dissolving in the water signifies Ganesha's withdrawal into all-pervasive ConSciousneSS.
In 1893, the great Lokmanya Tilak called upon Hindus to celebrate this Ganesha festival as a public pooja in order to mobilize peopleto come together to builda strong, united India based on her holy traditions and scriptural teachings. Since 1988, this festival has been jointly celebrated by over 20 Hindu organisations in San FranCiSCO. Now the Same tradition Continues in the State of New South Wales in Australia, fostering unity among the several Hindu organisations here.
Je 16
out? Again the nd of the tunnel rred by the Civil nt. The CRM
President Wike consultative Supreme Court
e relevant pas
RM statement
have raised is a es to the very n of representad the credibility cess, and should e party politics. it may best be ssary first to be nstitutional and
of the current
lief precisely to e of unforeseethe constitution sultative jurisstion of law or rtance that has o arise (Article ion may be inPresident. The port "after such ks fit” Which 7 consider subcal parties or st five judges of
the Supreme Court sit for the purpose. The government has its legal advisor in the Attorney General, as the ruling party it has its own other legal advisors, and likewise opposition parties have their legal advisors. However distinguished or competent such men or women may be, the fact remains that the Supreme Court is the final arbiter on the interpretation of the constitution.
"It is obviously preferable that the Supreme Court be called upon to give a ruling on this matter of public importance in a noncontentious atmosphere which is precisely what the consultative process envisaged by the constitution provides, and also that this be done early as possible. It would have been preferable to have had this matter clarified before the announcing of the general elections but it is still not too late.
"CRM has therefore urged the President to invoke consultative jurisdiction of the Supreme Court on this question. CRM has further urged the President to formulate the question to be referred to the Supreme Court in consultation, as far as it is practicable with representatives of other political par
ties'. (Courtesy of The Sunday Leader, 24.7.94).

Page 34
34 TAMILTIMES
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29th AUGUST 1994 to 7.00pm.
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15 AUGUST 1994
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