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Wo XW No.2 SSN (25-44:
* Gov. MP Assassinated
A NEW ARMY OFFENSW
local Elections - Aes Strength Amidst Violence
POLITICS OF BUDDHSM
k Om Nadesan and Judges
 

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Nawaz Sharif, the new Pakistan P.M.
Wijaya's Murder - Former President Implicated
H HOCE FOR AMILS
LESSIONS FOm de SOU
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SSN 0266 - 4488 VOXV1 No.2 15 FEBRUARY 1997
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CONTENTS
MP Assassinated O3 New Military Offensive 04 Local Elections - Test of Strength 05 Arests in Tamil Nadu O6 Premadasa implicated in Murder 07 Politics of Buddhism O7 Peter Keuneman Passes 08 indo-Lanka Relations 08 Descent to Chronic Conflict 10 The Choice for Tamils 13 Of Nadesan and Judges 5 Usessons From South Affrica 19 Pa San Elections 24 P. a. Witnessing a New Phase 25 ar issue to the Forefront 26 ag-cTale of Shipwreck 27 Boca Review 28 Readers Forum 29 Cassified 30
MPAS
Nalanda Ellaw People's Alliance ment for the Ratr All Island Organize dom Party on Fet bus stand in Kurt kilometres from ( same incident was Badulla district M Dilan Perera, who Sustained gunsho' Ellawala, 29, W pura hospital but table. Before surg Conscious, Ellawal person shot him wi Parliament Susant The incident oc and his supporters ers of the oppositi Kuruwita, 80 km (5( According to the pc place when Ellawa Colombo when the Kuruwita by UNP a tha Punchinilame.
According top of UNP supporters cle in which Ellav Dilan Perera were the occupants to them. Ellawala and at that time. The grc was reported to ha with arms of vario Sources Said. As t for the arrest of Punchinilame and who had gone into by police sources th the bodyguard of th pects had driventh OVer the fallen bo also said that the a the vehicle in whic being taken to the vehicle reached th flat tyres.
Police on 13 F tion-wide bulletins ing for UNP Membe ntha Punchinilame leke, a former UNF as suspects in the of the material ava far, the following pi questioning by poli Parliament of the F
 
 
 

TAMILTIMES.. 3
sassinated in Pre-PoViolence
ala, Sri Lanka's ruling PA) Member of Parliaapura district and the r of the Sri Lanka Freeruary 11 evening at a wita town, about 110 olombo, Killed in the the bodyguard of the ember of Parliament, with three four others injuries. as taken to the Ratnadied on the operating ery while he was still a had deposed that the as the UNP Member of ha Punchinilame. :curred when Ellawala encountered support
on UNP on a road in
) miles) from Colombo, lice the shooting took la was proceeding to ir way was blocked at |ctivists led by Susan
olice reports, a group had stopped the vehivala and a fellow MP travelling, compelled et down and fired at Perera were unarmed up that attacked them ve about 15 persons us descriptions, the
he prime suspects, VMahinda Ratnatilleke iding, it was revealed at after gunning down ? Badulla MP, the susir vehicle three times yguard's body. They ssailants had shot at Wounded MPs was pspital, and when the hospital, it had two
bruary issued a naying they were look* of Parliament Susand Mahinda RatnatiMayor of Ratnapura, killing. "On the basis able to the police so 'Sons are wanted for - a UNP Member of tnapura District, his
personal bodyguard and a former UNP mayor of Ratnapura Municipal Council."
"Police are soliciting the Co-operation from the public to provide information regarding the hideouts of... Punchinilame or Ratnatilleke...who are wanted for the assassination of Nalanda Ellawala"the police bulletin said. A statement by the Inspector-General of Police said a reward of one million rupees ($17,500) would be paid to anyone providing information leading to the arrest of the two suspects. Immediately following the shooting incident which took place in the afternoon, it has been revealed that Punchinilame along with Ratnatilleke drove straight to Sri Kotha, the UNP's headquarters in Colombo, saw the UNP leader Wickremasinghe at 7 pm and Punchinilame had claimed that he had shot at Ellawala's Vehicle in Self-defence. The UNP leader then advised him that he should go and see his lawyers and act according to advice, and in this connection he was recommended to see Mr.Tilak Marapone, the former Attorney General. Whether Punchinilame saw Mr. Marapone or not is not known, but what is known is that he came back to Sri Kotha around midnight and saw Mr.Wickremasinghe around midnight and after speaking to him "left Sri Kotha and disappeared into the darkness", according to"The Sunday Times" (16.2.97). As the news about the MP's killing spread, violence broke out in the Ratnapura district where Ellawala was reported to be very popular. Hundreds of police reinforcements were rushed to the area to disperse angry crowds who had taken to the streets. Supporters of the deceased MP and the ruling PA are reported to have resorted to violent attacks on known UNP supporters and set fire to many properties including the homes of Punchinilame and Ratnatilleke. As the police could not contain the spreading violence, the army personnel were also called in,
"The reaction in the aftermath of the killing was violence and anger," said Vasudeva Nanayakkara, Ellawala's friend and colleague in parliament in the ruling People's Alliance."But we're appealing to the people to be calm and urging them to use their emotions to vote against this violent gun culture in the upcoming election." Nanayakkara told pressmen.
The police enforced an indefinite curfew in the town of Ratnapura and adjoin

Page 4
4 TAMIL TIMES
ing areas to stop the political violence. The police are reported to have fired tear gas and rubberbullets at between 10 and 15-thousand demonstrators protesting against the MP's killing after a petrol station was set on fire. During the riots, police said mobs set fire to scores of shops and buildings, most of them owned by relatives or supporters of the two suspects.
The UNP leader, Rani Wickremasinghe urged police to conduct an impartial inquiry into the killing and pave the way for free and fair elections. Wickremasinghe said he had telephoned Punchinilame soon after the incident and told him to seek the advice of lawyers. He said he had no contact with him since. "Any UNP member found guilty in this incident will be expelled from the party." Wickremasinghe told a news conference on 13 February. "We condemn these killings," he said. "Let the guilty be punished. There's been too much violence in this country. The UNP has denounced the Culture of political violence."
The police took into custody on 14 February the brother of the former UNP Mayor and nine others in connection with the killing and the shooting incident. Police sources in Ratnapura said those arrested were junior UNP activists involved in election campaign disturbances before the shooting.
It has also been reported that the police have launched a special investigation to find out as to who released a police jeep to the UNP MP Punchinilame soon after the shooting incident to escape from the scene of the crime and thereby enabling him to go into hiding.
According to police sources after the shooting, the MP had gone to the Eheliyagoda police station where his official bodyguard identified as a serving police sergeant attached to the Ratnapura police had made an entry at the Eheliyagoda police station the police jeep leaving the UNP MP's vehicle parked at the station. The policemen had falsely said in his entry that the MP's vehicle had been damaged in a shooting incident and that there was a possible threat to the MP's life. He also had said that the MP's other vehicles were being used for taking some of the wounded to the hospital and that he need a police vehicle to take the remaining injured to the hospital. Since that day the police sergeant had not reported for
duty.
Police sources said that by obtaining the police jeep deceitfully and travelling in it, the suspects who were wanted by the police in connection with the assassination of the MP got past every police checkpoint without let or hindrance. O
New A
Government trC artillery and air su launched their big named "Edibala" (b year against LTTE
from Vavuniya in the western coastaltov
The aim of this be prevent the reca town of Kilinochchi Weeks, the army SC gence reports had c was building permal ing other preparatic selves in the areas Vavuniya. The LTTE be to prevent securi ing northwards fror was in desperate na to re-establish their trol of Kilinochchic reason, the Source
Some analysts: be secure the hold of an effort to open Jaffna peninsula a lombo With the enti island. Other analy, as too ambitious an ement by a relative spread too thinly or
The LTTE's of Eelam has spelled of the Tamil people Lankan occupatio "Viduthalai Puliga" at this moment stral the oncoming Sinh nounces will be at paper outlines Sri cut a land-route all to Jaffna, for which through LTTE-hel ment's plan is to ev island as Sri Lank; dermining the ter northeast Tamil na proposed link-up c the journal says, \ as each successiv solidation of troop vening territory. Th ed-out Sinhala arr while highly-motiv poised in massive tack the occupying every turn.
Troops pushes northern territory ( nine km (six mile over two days, claimed on 6 Fe reached Madhuj

15 FEBRUARY 1997
ps, backed by tanks, port, on 3 February est offensive, Codeave force) so far this positions advancing direction of the north
of Mannar.
operation appears to pture of the strategic f the LTTE. in the past Irces claimed, intelliinfirmed that the LTTE ent bunkers and makns to entrench themimmediately north of objective appeared to y forces from advancVavuniya. The LTTE led of a suitable place leadquarters and conritical to them for this
added.
aid the objective could on Kilinochchias part a Supply route to the nd ultimately link Coe northern part of the sts view this objective d impossible of achievly small army which is
the ground. ficial journal in Tamil out the future Course 's struggle against Sri Y. The latest issue of says LTTE fighters are egically placed to meet ala army in What itanemendous clash. The anka's military plan to he way from Colombo it has to push its way I Wanni. The governntually claim the whole n territory thereby unitorial integrity of the tion. But the military's Colombo and Jaffna, ill be time-consuming | stage requires a conafter capturing inters will leave the stretchextremely vulnerable sted LTTE fighters are numbers ready to atforces with full force at
deeper into LTTE-held after advancing some ) virtually unopposed military spokesman uary. The forces had iction, where the road
my Offensive in the North
turns towards a Christian shrine. "The area between the junction and Madhu is dotted with rebelbases and training camps," one said. On the previous day, the Defence Ministry said the LTTE had abandoned two camps in the path of the offensive, which is led by elite commando and air-mobile units,
The TE said an air force Pucara ground attack aircraft fired three missiles at civilians in rebel-held areas near the strategic town of Kilinochchi causing casualties.
As the army offensive continued, a statement by the LTTE on 6 February said that the village of Chettikulam was under heavy fire from Sri Lankan forces who were conductingtheiratestmilitary offensive in the north. A 20,000 strong Sri Lankan force which set off from Vavuniya on 4 February was ceaselessly pounding Chettikulam (west of Vavuniya). Early reports suggested that there was a significant civilian death-toll with local families taken by surprise and young and old completely disorientated. But the aerial raids continue unabated. Other nearby villages were also hit, the statement added.
The LTTE in a statement on 8 February reported an exodus of refugees from villages in the path of the army's latest of. fensive. "Another humanitarian Crisis is looming as Sri Lankan forces shell and aerial-bomb Tamil border villages on the edges of Vavuniya and Mannar districts in their latest offensive. Heavy artillery fire is raining down on a number of villages causing civilians to flee in massive waves. Many people are unsure where exactly to escape to since the direction of the offensive is not clear. At the moment there is shelling in various directions aimed deliberately at driving the population away in order that the army can occupy more territory. There is little or no LTTE presence in the targeted areas. Meanwhile, many shaken Tamil people have arrived at the Madhu refugee camp which is run by the UNHCR, but this place is now over crowded. Many newly-arriving displaced people are now sheltering beneath trees on the road, notably in the area of Iranai Illupaikulam. Meanwhile, the villages of Kannaddy, Kanesapuram, Periathampanai, Pandivirichan, Madhu road and Poovilunthan have become totally deserted. The lastarriving residents said the trees have all collapsed and the houses are burning."
About 7,000 people have moved into refugee camps in nearby Madhu town following army offensive, said Peter Meijer of the U.N. refugee agency. "With the new arrivals, the numbers (in the camps) have doubled, but we don't have any problems

Page 5
15 FEBRUARY 1997
with food and shelter" he said in a telephone interview.
The troops were consolidating their positions in the north-western Mannar region, an army spokesman said. Troops, led by elite special forces and airmobile units, had advanced 22 km (14 miles) west of the front-line town of Vavuniya, 220 km (135 miles) north of Colombo, he said.
On 8 and 9 February, using long-range guns, presumably captured from the army in previous battles, the Tigers launched artillery attacks for the first time on the government controlled town of Vavuniya. Two policemen were killed and four others injured when their barracks in the Vavuniya town received a direct hit by shells fired by the LTTE. Government forces immediately responded to the LTTE battery with repeated attacks by helicopters and air force bombers on alleged LTTE positions, Soon after the attack, residents said they heard alrcraft bombing rebel positions north of the town. Military intelligence is reported to have indicated that the LTTE artillery attacks were directed from a distance of 10-12 miles north of Vavuniya toWከ.
An agency report said: The artillery barrage started in the early hours of Saturday (8/2) morning. Officials in Vavuniya say they counted a total of 22 shells exploding in the town over the space of just half an hour, Aid workers at the scene say the civilian population, which is mainly Tamil, was sent into panic, Many are reported to have been given shelter in military bunkers inside the heavily fortified town but observers say the security forces in Vavuniya may have been the intended target.
The army also claimed that at least 10 rebels were believed killed when navy patrols and aircraft blew up two LTTE boats fitted with radar near ranaitivu island in the Waters north of Mannar soon after midnight on 8 February,
A statement from the LTTE on 12 February said, "Sri Lanka's "Operation Edibala' is continuing with troops setting fire to Tamil crops as they advance. So far, a string of Tamil villages between Vavuniya and Mannar have been occupied. Soldiers descended on these villages like swarms of locusts sending residents running in terror as their homes Were bombed and bulldozed. Acres of rice fields have been purposely scorched during the assault in what is becoming a more and more typical military tactic. While enforcing a food blockade to Tamil areas, Sri Lanka is systematically wiping outTamils' own attempts at cultivation. The airforce, meanwhile, is targeting houses and public buildings making it difficult for civilians to return to their lives. Around 10,000 displaced Tamils are already crammed into Madhu Church refugee camp. Other displaced civilians have sought safety in the town of Iranai Illupaikulan."
of S
Elections, wh are taken very se cians and people one of the most pc the World. And sinc been marked by it and post-election v ers, often with the the parties, engag each other someti
Recently the g that elections forth of local governmen by the end of Mar tions Were called tion fever gripped has already erupte young Member of to the ruling Peopl shot dead andanc by supporters oft National Party(UN by an MP and a fo nicipal Council, bo who have gone int. time, supporters of ruling PA have gone setting fire to the MP and other UNP In spite of a night-t imposed and troops by the governmentt there appears to b arrested.
The election, wł to be held in June postponed for sect Control of the local provinces of the s seen as a test of popularity between ment led by Preside the opposition UNF Minister Rani Wick
After 17 years ( ples Alliance came 1994 and Chandri elected President N unprecedented 62 lar Vote, The forthC will representthefi ment's popularity, Would be keen to c ple's support is still ing a convincing vi at the same time t Want to show that t no longer has the p UNP in spite of its and presidential el more than 75 percei bodies.

TAMIL TIMES 5
ocallections-Test rength Amidst Violence
ther general or local, iously by both politiSri Lanka Which has iticised electorates in 1977, elections have creasing pre-election olence, Rival supportbacking of leaders of 9 in violent attacks on nes leading deaths,
Vernment announced e island's various tiers tbodies would be held ch for which nomina12 February. As electhe country, violence d. On 11 February one Parliament belonging es Alliance has been ther seriously injured he opposition United P). The attack was led rmer Mayor of a Muth belonging to UNP phiding. In the meanthe deceased MP and on a violent rampage nomes of the fugitive Supporters in the area. ime curfew has been have been called out o contain the violence, e no sign of it being
sich was originaly due 1995 and repeatedly rity reasons, for the bodies in the seven buth of the island is olitical strength and the ruling PA governint Kumaratunga and led by former Prime 'emasinghe. fUNP rule, the Peoto power in August a Kumaratunga was vember 1994 with an per cent of the popuming local elections st test of the governand the its leaders monstrate the peowith them by achievtory at the poll. And le opposition would e government does opular mandate. The efeat in the general ctions, still controls of local government
237 local government bodies were at midnight on January 27 and elections for which were scheduled for March 27. The dissolved bodies have been placed under Divisional Secretaries until elections are held. The tradition in Sri Lanka has been for the local Councils to function until new elected councils assume office. This is the first time local bodies have been dissolved anticipating elections,
The government appears to have resorted to this unprecedented move for the reason that out of 237 dissolved councils, 192 have been under the control of the opposition UNP. It looks as if the Government wanted to pre-empt the possibility of the UNP using the resources available at local bodies under its administration for to run its electoral campaign if it had remained in office until the elections,
Nominations for the local government elections which commenced on 5 February closed on 12 February, Already five registered political parties and 52 independent groups have submitted nominations, Elections will take place on 21 March.
A total of 198Village Councils, 31 Urban Councils and 12 Municipal Councils will be up for voting. According to the of fice of the Commissioner of Election, 3,567 representative will be elected and 9,737,958 persons will be eligible voters. Election for the local bodies in the northern and eastern provinces are not being held. The government has already scrapped its plans to hold the election in the north and east after moderate Tamil political parties said the region was not conducive for a free and fair poll. But Tamil political parties, except the LTTE, are expected to back the government party in the forthcoming election because they believe that a convincing victory for it would represent an endorsement of the government's devolution package which the UNP appears to be reluctant to support. "But we're rooting for the government in this election," said Mavai Senathiraja, an MP for the Tamil United Liberation Front, a moderate Tamil party with five seats in Sri Lanka's 225-member parliament. "If they win, it is a clear sign that the people approve of the government and its policies," Senathiraja said.
The government needs the people's approval if it is to get a peace plan it has proposed aimed at ending the war passed through parliament and then at a referendum. The peace plan, involving the devolution wide-ranging powers to Tamils of

Page 6
6 TAMIL TIMES
the north-east through a constitutional revision, is currently being debated by a parliamentary select committee. Tamil parrties support the plan, but the UNP, whose votes are needed to get it passed through parliament, has yet to say where it stands, "The government winning this election would send a message to the UNP.They would have less reason not to Support the plan," Senathiraja said.
Following ex-Mayor K Ganeshalingam's defection from the UNP, it was confirmed that the PA would not put forward a list for the Colombo Municipality but would instead field a list of independent candidates headed by Mr. Ganeshalingam.
The election for the capital city's Colombo Municipal Council has aroused special interest following the resignation of Mayor K.Ganeshalingam who recently resigned from the main opposition United National Party(UNP) and is to contesting as head of an independent group Supported by the ruling People's Alliance (PA). The defection of Ganeshalingam who until his resignation was the Treasurer of the party is seen as a major blow for the UNP. Besides, six former UNP Councillors have joined Ganeshalingam's independent group. The UNP's candidate for Colombo's Mayor against Ganeshalingam is the party's Chairman Karu Jayasuriya. Seven political parties and seven independent groups are contesting in the election for the Colombo Municipal Council.
The DUNF headed by Srimani Athulathmudaliwill contest independently, but not under the "Rajaliya'(eagle) symbol. The CWCheaded by Minister S.Thondaman will contest under the PA symbol, the chair, while the faction led by Mr. S. Sellasamy which contests under the symbol of the cockerel, will also extend its support to the PA. This alignment would favour the PA for a majority of the votes in the plantation sector. The SLMC will also contest the local government elections on the PA lists.
The assassination of Ellawala and the accompanying outbreak of violence has raised the question whether a peaceful and orderly election will take place in spite of the fact party leaders on both sides have called for restraint.
"I appeal to all sections of the community not to be disturbed by this incident and make every effort to have a peaceful poll," Media Minister Dharmasiri Senanayake said in a statement.
MPs of the ruling People's Alliance blamed the UNP for the latest political killing and riots, saying the party had failed to get out of the "culture of violence" which it had nurtured during 17 years in power. However UNP members hit back at the ruling Alliance, saying it was blowing killing out of proportion to win sympathy ahead of local elections. "Now we would like to leave the matter up to police and
courts and carry c tion,"senior UNP wakku told the pri In an apparen political damage ment of one of its || the UNP's workin suspended the Punchinilame and ruary after party li called on the two Selves in.
Whatever the political analysts view that the par being afflicted wit violence it nurtur entrenched into country during its sassination of Na out in the way it w light has demons stili a party of poli
As a regular day Leader" (16.2 vanamuttu wrote," in Ratnapura are murder investigat and have yet to he advice to give the lice. One of them, is a UNP MP who when he was fiel the 1994 election. ing to some repo||
Al Of 6
Five persons LTTE member an Lankan origin we charges of comm Unlawful Activitie Tamil Nadu police ediy conspiring tc and other goods Sri Lanka for use
According to Nadu police, the Pandian alias Mu low a cyanide pill the fiat in Alwarp receiving a tip-o' activists" was hol policeman forced and took him to th dition is reportec
One of those Devi Rasanayag Australia andwa claimed that she and a lobbyist fo tion of Tamils and citizenship afte

with a peaceful elecPKarunasena Koditu
S. effort to minimise the sulting from involvePanda former Mayor, Committee said it had rty memberships of atnatilleke on 14 Febader Wickremesinghe uspects to turn them
JNP leaders may say, Colombo are of the y is still perceived as the culture of political d and introduced and ne body politic of the )ng tenure, and the asanda Ellawala carried as done in broad dayrated that the UNP is ical violence.
:olumnist of "The Sun97), Paikiasothy SaraTwo prominent UNPers he key suspects in the on. They are in hiding hed their party leader's mselves up to the poSusantha Punchinilame had a case against him ded as a candidate in Punchinilame, accordrts, has a penchant for
15 FEBRUARY 1997
violence that could make any number of vicious thugs blush. Eye witness accounts of Punchinilame's direct involvement in the slaying of Nalanda Ellawala must surely confirm that this is a sick individual who should not be in the principal opposition party of this country. What will Opposition Leader Ranil Wickremasinghe and the rest of the UNP leadership do? ...The UNP has an image problem on this
score and what has happened only com
pounds it."
in the runup to the elections, a number of non-governmental organisations have already begun working out programmes to monitor the elections, with a special focus on eliminating violence and unfair practices before, during and after the elections. While the People's Alliance for Free and Fair Elections (PAFREL) and the Movement for Free and Fair Elections (MFFE) are already discussing strategies for collaboration in this work, the Free Media Movement has announced its own programme in this connection. A group of journalists and media persons will monitor events during the period of nomination and campaigning. This group plans to call a press conference, two days prior to the date of the election, where they intend to reveal any malpractices they may have observed. The FMM also says it will publicise the identities of persons implicated in any such malpractices and issue a call to voters to boycott these candidates. O
rrests in Tamil Nadu Procurers fOr LTTE”
including an alleged four other Tamils of Sri e taken into custody on tting offences under the (prevention) Act by the on 8 February for allegsmuggle out medicines rom India to north-east by the Tamil Tigers. spokesman of the Tamil alleged LTTE member alidharan tried to Swalwhen police barged into at in central Madras on that "a group of LTTE ing ameeting there.The the pillout of his mouth hospital where hiscono be stable, irrested was Mrs. Malini m who had arrived from staying in the flat. It was as of Sri Lankan origin the Australian Federahad obtained Australian migrating there some
years ago.
The others arrested Were M.K.Eelaventhan, the Secretary of the Tamil Eelam Liberation Front, and Sachchithananthan, a businessman engaged in publishing books, and Dr. Sridharan all of whom are of Sri Lankan Tamils.
The arrested persons were expected to be produced before the Madras Metropolitan Magistrate Court on 15 February for the hearing of bail applications filed by the arrested persons.
In his application, Mr.Sachchithananthan has said that he had been having the status of a Non-Resident-Indian (NR) residing in Madras for many years and printing religious books, and that he had known Mrs. Malini Devi, who was from Australia, and had paid a courtesy call to her apartment as they were old friends.
All the persons in custody claim that they are innocent and deny any connection with any Tamil militant group including the LTTE, but admit that they were interested in the general welfare of Sri Lankan Tamils. O

Page 7
15 FEBRUARY 1997
Commission implicates Pre
and Ranjanin Wijayas Assass
The release of the findings of the judicial Commission into the assassination of Vijaya Kumaratunga commission nas put the UNP in a difficult position. The findings implicate the former President R.Premadasa and his Defence Minister Ranjan Wijeratne for the murder and the subsequent cover-up of the investigation. The report was officially released in the last week of January. The Commissioners, Supreme Court Justice P. Ramanathan, Supreme Court Justice Sarath Nanda Silva and High Court judge D. Jayawickrema submitted their report to President Chandrika Kumaratunge last year and it has been tabled as a Sessional Paper in Parliament in February 1996.
A popular actor turned politician to lead the United Socialist Alliance, Vijaya Kumaratunga was gunned down in front of his wife and two children by two men on a motorcycle at his residence in a Colombo suburb on 16 February 1988, just days before he was to be nominated by the Alliance to run for the presidential election later that year on a broad left ticket.
UNP leader Ranil Wickremasinghe has so far avoided comment saying that the party would comment on the report after studying it closely. "We are reserv
ing comment until v adding"it lookstome has begun all over a Wickremasinghe in President Premad is being investigate Commission which is appearances of tho ing previous regime. President Kumar, power promising to terrorism, has time ar UNP of blatant humar of killing political opp ary she said the UNF ror was ended within came to power.
The Commissior States: "Former Pre Premadasais implica motive for the assa Kumaratunga. He is a cumstantial evidence of the investigation int. "It was suggested tha assassination of Vijay that he became a form Minister Premadasa stakes," the report say The report adds: State for Defense Ranji
A major dispute has arisen between the PA government and some leading Buddhist prelates. In early January, nine Chief Monks - Mahanayakas - resigned from the Supreme Advisory Council on Buddhist Affairs.
The monks assert that the PA government's refusal to pay heed to their advice on matters religious as well as political has led them to take this unprecedented step. Though the government has not publicly commented on these resignations, several leading monks have denounced this move suggesting that the resignation was politically motivated.
The Supreme Advisory Council on Buddhist Affairs is not a constitutional body. It was first set up by former President J.R. Jayawardene, when he established, under him, the Ministry of Buddhist Affairs, All successive Presidents, including Chandrika Kumaratunge, have continued with the Council, declaring solemnly that they were committed to honour the advice of the Sangha on matters religious and political,
Anotable trend in this controversy is
the deep political schis Sri Lanka's Sangha (« political alignment of with the opposition Ur has created the impre cial Buddhist religiou: cided to move in oppo, ernment. Several lead gued that the intention must have been to er Kumaratunge and her
The mainstream cent weeks has high made by some other le are unprecedentedly nation move by the of ers. An article in the S of January 26 quotest gala Ratanapala, Prin institute for Buddhist hapura, as saying tha could have served the better had they had th from their positions in chy as well.
Sri Lankan Sangh been a monolithic enti
 
 

have all the facts." ke the mud-slinging ain." Nho was a Minister sa's cabinet himself by a Presidential probing into the disands of youth dur
tunga, who came to hd state-sponsored jagain accused the rights violations and nents. On 31 Janus “reign of state ter24 hours" after she
's 85-page report :ident Ranasinghe ed by evidence of a sination of Vijaya so implicated by cirof the suppression ) the assassination." It the motive for the a Kumaratunga was idable rival to Prime at the presidential IS,
"Former Minister of an Wijeratne illegally
TAMIL TIMES 7
and improperly interfered in the conduct of the investigation. He is also implicated by circumstantial evidence of suppression of the investigation. There is no evidence of motive against him."
"The totality of the evidence stated above, in our view, establishes a prima facie case against President Ranasinghe Premadasa and Minister Ranjan Wijerante, as to their indirect involvement in the assassination of Vijaya Kumaratunga," the report said.
Ranjan Wijeratne and Premadasa were killed March 1991 and May 1993 respectively allegedly by LTTE suicide bombers.
Another figure also named in the report is Gamini Lokage, a prominent Member of Parliament of the UNP. A number of senior police officials also have been implicated in the cover-up of the investigation.
The daughter of former president Premadasa on 4 February denied her father was involved in the 1988 assassination of Vijaya Kumaratunga. "No amount of Commission reports, insinuations or innuendoes can ever tarnish... the good name and character of my father." Dulanjalee Jayakody said in a Statement.
Jayakody, denying her father had any motive to have Vijaya Kumaratunga out of the way, said her father was nominated UNP presidential candidate eightmonths after the assassination. O
m developing within lergy) Society. The ne Mahana- yakas ited National Party ssion that the offileaders have deition to the PA govng monks have arf the Mahanayakas barrass President OVernment. inhala press in reghted statements ding monks, which ritical of theresigcial Sangha leadnday Lankadeepa Rev. Prof. Attanapal of the Training onks in Anuradhe Mahanayakas ause of Buddhism pourage to resign e religious hierar
society has never ; it has had inter
nal sectarian divisions for Over centuries. Nevertheless, their role, particularly after independence, has been a major factor in electoral as well as ethnic politics. In recent years the most vocal sections of the Buddhist clergy have been radically opposed to any settlement to the ethnic question, other than a military one. Although quite a large number of Buddhist monks are very unlikely to share this militant stand, their voice has remained a rather ineffective one.
One outcome of the present controversy may perhaps be a change in this equation. A number of scholar monks have been indicating the urgent need for a peace-oriented intervention. Young activist monks, involved in grass-roots level peace campaigns, are also looking for a leadership alternative to the traditional Ofe.
Meanwhile, Prof. G.L.Peiris' efforts to pacify the leading Buddhist monks' opposition to the devolution package have only made them harden their position. As a measure to win them over, he incorporated the institution of the Supreme Sangha Council into draft constitutional proposals. Evidently, this has not worked the way Professor Pieris wanted it to.
Perhaps, it is now time to return to the principles of a secular constitution.0 (Courtesy of Sri Lanka Net)

Page 8
8 TAMIL TIMES
Pieter Keuneman, the Veteran leader of the Communist Party in Sri Lanka, passed away on 23 January after a brief illness at the age of 80. Pieter was born on 3 October 1917 as the eldest son of Supreme Court Judge A.E.Keuneman. He was a brilliant student at Royal College in Colombo winning the prize for the Most Distinguished Student. He was also the editor of the Royal College Magazine and was reprimanded by the Principal for having contributed an article in respect of the then (1930s) anti-imperialist Suriya Mal Movement.
After completing his studies in Colombo, he proceeded to the UK where he joined the Pembroke College of the Cambridge University and graduated in history, philosophy and politics and obtained his MA(Cantab) and did his law at Grays Inn, He was President of the Cambridge Union and editor of the Cambridge Union Maga
zine, Granta.
In London, he V na Menon in the "G ter returning to Sri not practise his pr but joined communi Wickremasinghe, A and M.G.Mendis W the LSSP on ideolk a founder member Party which trans Ceylon Communis
Pieter worked tures Editor of the Assistant to H.A.J. tor of the Daily Ne reer was shcrt-live gage in full-time po
munist Party.
He was elected ward of the Colom
Gujra's Visit to Colombo M improvement in Indo-Lanka R
Sri Lankan analysts say that the recent four-day visit to Colombo by the Indian Minister, inder Kumar Gujral, has had the effect of further cementing the already good relations that exist between the two countries.
At the end of the visit, the Indian Foreign Minister signed aid agreements and announced his country's plans to lift tariffs on some Sri Lankan exports to India describing them as a small step towards free trade in south Asia. Indian and Sri Lankan officials say the measures will improve trade and diplomatic relations between the two countries. Under the agreements, India would soon remove quotas and cuttariffs on 70 to 80 Sri Lankan export items. For many years, Colombo has been trying to get India to remove quantitative restrictions on exports, especially agricultural products like rubber, cloves and cinnamon, and consumer goods such as ceramics and confectionery,
The agreements also provided for a deal giving Sri Lanka 30 million dollars in credit for Indian goods. Aid also was on the agenda. A grant of nearly one-and-a-half million dollars was also announced which will go to help resettleTamils displaced in island's ethnic civil War.
Relations between the two countries have improved steadily from a low in 1990, when India was forced to abandon its disastrous military intervention in the Sri Lankan confict. When the previous president R.Premadasa began negotiations with the Tamiltigers, he acceded to the latter's demand to compel the departure of the Indian Peace Keeping Force (IPKF) which had arrived in the island following an agreement between former Prime
Minister Rajiv Ganc J. R.Jayawardene, mained President, two neighbours rem
Under Foreign are of the view tha general shift in Ind interventionist an more friendly in fav bours, Under what ed as the"Gujral D ed separate agree with Bangladesh a of river water, put diplomatic tension
Bilaterally and pears to be no dol ing its maximum President Chand ernment.
India, 10 year Lankain anaborti protracted conflic suffered an approx was forced to de country's majority "It was a thankles ture which India peat," an Indian said in Colombo,
The Indian F Colombo, quash tion that India Wol between the gove ing the matter wa problem. He said
policy of good nei
 

15 FEBRUARY 1997
orked along with Krishit india" movement. AfLanka in 1940 he did ession as a Barrister, tstalwarts like Dr.S.A.- laithilingam, PKandiah Io had by that time left gical grounds. He was of the United Socialist ormed itself into the Party in 1943,
It Lake House as FeaDbserver and Editorial lulugalle, the then edivs. His journalistic caas he resigned to enitical work for the Com
to the Kotahena West jo Municipal Council in
1947. In the same year, he was elected Member of Parliament from the multimember Colombo Central electorate, As a parliamentarian he was one of the most brilliant and lucidspeakers and commanded the respect of even his opponents. He was an MP for a continuous period of three decades, 1947 to 1977.
He was an active trade union leader having occupied the presidency of the Ceylon Federation of Labour participating in all struggles of the working class movement, including the 1947 general strike and the famous August 1953 Hartal.
Pieter was a theoretician par-excellence holding the post of General Secretary of the Ceylon Communist Party for over three decades, and becoming its President after the demise of the founder President Dr.S.A.Wickremasinghe,
Pieter's recorded speeches in parliament during his long career are a testimonial which demonstrate him as a true internationalist standing for the unity of the working people irrespective of racial, ethnic, religious, linguistic or other differencese and fighting against chauvinism in whatever form it manifested, O
elations
Ihiand former President Until Premadasa re
relations between the hained at a very low ebb. Minister Gujral, analysts there has been a more anforeign policy of less d non-hegemonic and our of its smaller neighhas come to be describ}ctrine", India has reachments in recent months nd Nepal over supplies ing an end to years of
Internationally, there apbt that New Delhi is givdiplomatic support to ka Kumaratunga's gov
ago, sent troops to Sri e bid to end the island's
but in the end, having mately 5,000 casualties, art blamed by both the inhalese and the Tamils. and expensive advenould not like to ever regh Commission official
reign Minister, while in recent press speculad mediate in the conflict ment and the LTTE sayan internal Sri Lankan "We are committed to a hbourliness and non-in
terference in Sri Lanka's affairs" adding that India would do anything it could to help bring the conflict to a close. "India support-ed a peaceful settlement of the conflict and it is ready to provide Sri Lanka any help she could give," Gujral told a news conference in Colombo.
Colombo appears to be well pleased with the outcome of Gujral's visit. Sri Lankan Foreign Minister Lakshman Kadirgamar, while stressing that the government had not asked for military aid from India in its fight with the Tamil Tigers, said "This meeting has marked an historic and almost dramatic enhancement of relations between the two countries." Kadirgamar added that the two countries and the government of the south Indian state of Tamil Nadu would maintain close co-operation and dialogue to sort out any problems, . .
Announcing that the ban placed small vessels from South India calling at the Colombo port had been lifted on 4 January, Mr. Kadirgamar also said that an Indian delegation will arrive in Sri Lanka soon to discuss alternative ports of call for small Indian vessels from southern India's Tuticorin. The port of Colombo, citing security reasons, last month banned the entry of Indian vessels below 3,000 tonnes. The ban mainly affected vessels from Tuticorin, which were diverted to the southern Sri Lankan port of Galle. Sri Lankan navy officials said the ban was imposed because of intelligence that Tigers could attack the port, using Tuticorin vessels as cover, The Tigers staged an abortive suicide attack on Colombo portin April 1996. Political analysts in Colombo detected a considerable shift in the opinions expressed in the editorial columns of the printmedia in Colombo, which by and large do not hesitate indulging in New Delhi bashing as their stock-in-trade, advocating a "Indo-Sri Lanka friendship treaty". O

Page 9
5 FEBRUARY 1997
The Sri Lankangovernmenton 31 January announced that it would drop charges against a privately-run television station in a controversy over media coverage of an alleged military encounterbetween govemment forces and the LTTE in the east of the island. Minister of information, Media andTourism, Dharmasiri Senanayake, told a news conference that President Chandrika Kumaratunga had instructed the police to withdraw legal action under the Prevention of Terrorism Act against a director of the private TNL network, Ms.shni Wickremasinghe.
"The president has instructed police not to pursue action (under this Act) and instead has asked me to take appropriate action under authority vested in the media ministry" Senanayake said. He did not say what the action would be, but local media officials said he would most probably issue a reprimand.
Kumaratunga told the news conference that hergovernment would take some sort of action against journalists reporting false news." do believe that action must be taken against this kind of utterly and completely irresponsible journalism," she said.
Eleven orphaned girls have been taken into the custody by the police and placed into care after allegations that they were forced to appear in pornographic videos, a recent report from Colombo said.
The videos of the girls, between the ages of 6 and 13, were intended for sale abroad, and island's the Inspector of General of Police directed an investigation into the allegation.
Police arrested the director of the Vijitha Children's orphanage in Beruwala, 30 miles
from the capitolColor
by the Al Ceylon Buc and the manager of tourist resort city th as the venue for the It was also repo of an eight-year-old the child abuse cas the Kalutara Base - she was a victim of \
A Magistrate in Kalutara directed th sistance of Interpoltc a video film taken in dren at the orphana many.
A lawyer appe Maha Waduge, the s he has consented to two valuable files p age and the copy of a boat with children
Over 300 Sri L tained in Malaysia, F said on 6 February. Lanka's mission in the Ministry of th Lankans.
But, the source istry estimates that to be more than 30C ployed in Malaysia ili Malaysia does n Sri Lankan workers from Pakistan, Ban However, the emplo lombo continue to ac and charging Rs 100 from each applicant boat.
SLBC GVES IN ON TAMIL BORADCASTS: in the face widespread protests, the Sri Lanka Broadcasting Corporation has revoked the decision to cut the Tamil language commercial service by four hours. From 23 January, the SLBC terminated its Tamil programmes in its Commercial Service at 6 pm and replaced it with four hours of multi-lingual sports coverage. Protests from Tamil parties followed complaining that the cut was an act of discrimination. In response, the Corporation assured that there was no intention of discriminating against Tamils, and that the SLBC's sole aim was to earn more revenue from commercial sports programmes at peak time. It was pointed out that the SLBC had even reduced Sinhala transmissions because of technical and financial problems. However, the full
Tamillanguage tra mercial service wo in difference to rep Tamil listeners and
LTTE OVERRUNS Sri Lankam military Were killed and 20 ( When the LTTE on mini-camp in Ke hapura district). Ti plete control of the for more than 90 time they capturec and ammunition a camp was destroye include many light shells and mortars. in the attack, the
ment.
TRAL-ABAR FC DER :: The Chief Ju direct a Trial-at-Ba without a jury, co Court judges to try
 
 
 
 

TAMIL TIMES 9
mbo, and which is funded
ldhist Congress (ACBC).
a hotel in this southern at reportedly was used videos. ted that an examination giri who was involved in e had been admitted to ospital had shown that fenereal desease. the south-west town of e CID to obtain the as) investigate and recover Sri Lanka using the chilge and removed to Ger
aring for Amaranath S suspect in the case, that handover to the police 2rtaining to the orphanthe video film of a tourin in the home.
ankans have been deoreign Ministry sources he sources said that Sri Kuala Lumpur informed e detention of 90 Sri
es said the Foreign Minthe actual figure is likely ). Most of them are emlegally.
ot permit employment of . It allows workers only gladesh and Myanmar. yment agencies in Covertise jobs in Malaysia ,000 (1,750 U.S. dollars) to send them across by
Recently the Malaysian govemment tightened up it laws to prevent employment of illegal immigrants which provided for heavy penalties. In Malaysia, a penalty of 3,500 U.S. dollars is imposed on illegal immigrants, said the sources, adding that The Sri Lankangovernment is negotiating to bring them back without any penalty.
A 24 year old woman committed suicide by biting into a cyanide capsule when
the trishaw she was travelling in was stopped by Police in Slave island in
Colombo on January 31, according to reports from Colombo, Police investigations revealed that the woman was carrying a forged identity Card. She was lateridentified as 'Madhie'from Kilinochchi, and Police discovered a large consignment of medicines in a house in the Bambalapitiya area which she had visited shortly before. Police sources said a number of vital documents had been recovered from her possession. Several others have been taken into custody following her death. The four Policemen who apprehended her have already received their awards.
A soldier was remanded in Batticaloa on February 1, on charges of raping 3 women in Valaichchenai on January 9. The three women, Navarmany(33), Mekhala(14) and Jeyanthimathy(21) identified him in aparade held at the Magistrate's Court in Batticaloa. In early January, 3 members of the STF were remanded in connection with the rape of a Woman in Mandur, also in the Eastern Prov
Ce,
nsmission in the comuld be resumed in full
resentations made by
|groυρS.
MINI-CAMP: Over 23 and police personnel others severely injured 18 January attacked a pittikolawa (Anuradhe LTTE was in corn2 Kalugaswewe camp minutes during which a large haul of arms fter which the whole d.The captured items machine guns, rifles, Six LTTE fighters died LI TE said in a state
DR RAPE AND MUIRstice in Sri Lanka is to r, which means a trial imprising three High the case into the rape
and murder of 18-year-old giri, Krishanthi Kumaraswamy and the murder of her 51year-old mother, brother and neighbour. The four were killed and their mutilated bodies were dumped in an abandoned cemetery in army controlled Jaffna in northern Sri Lanka. -
PANES CRASH: The Sri Lankan airforce suffered a big blow when three of its aircraft crashed within matter of few days. Though initially it was suspected that the TTE could have shot the planes down, it was later confirmed that the three planes Crashed due to mechanical failure.
An unmanned spy plane has crashed in Tamil Vanni territory. The aircraft which was equipped with the latest radar and photo technology came down in Pooneryn due to apparent mechanical failure. It had been used ostensibly to gather military information but Sri Lankan forces have nevertheless routinely bombed civilian locations in the vicinity.
(Continued on page 14)

Page 10
O TAMIL TIMES
CRISIS IN SRI LANKAS THEREA
DESENTROMME SAN
TOCHRONCWOENTCON
By Devanesan Nesiah
or many decades, up to the time of F national independence, Sri Lanka appeared to be pre-eminent among the countries of Asia, perhaps excluding Japan alone, in respect of social development, economic prospects, and political stability. But it was an illusion as shown by our disastrous record since then, particularly over the last quarter of a century. In terms of some key social indices, we are yet ahead of many of our neighbours but have fallen behind several others. In economic development, we have fared even Worse. The few Countries which were ahead of us have drawn away and many of those who were behind have overtaken us or seem likely to do so in the not too distant future. But Our biggest failing has been in the political field. At the time of independence, it appeared that our political institutions were more advanced and better equipped to meet the many challenges of a modern democracy in the second half of the 20th century than those of almost any other country in Asia. But we have since got repeatedly bogged down in a long succession of political disasters. Every attempt to escape from our crisis appears to first bring a glimmer of hope, but then to lead us into a deeper Crisis.
By the eighties, the most pessimistic among us had begun to compare our predicament with those of others seemingly caught up in the most hopeless of ethnic problems, such as those in Palestine, Northern Ireland and Cyprus.Today, from our perspective, such a comparison looks unreasonably optimistic. Unlike in those countries, war is continuing in Sri Lanka and not even a stalemate is in sight. In addition to the miseries directly contributed by the violence in our island, there is more misery on account of its very considerable ill effects on Socio-economic development and political democracy. The downward spiral is continuing. Is there a way out?
All of us have surely some hope that, however dismall the immediate prospects may be, the answer, eventually, is yes. If we had no such hope, this paper would not have been written or published, and will not be read. If there is away out, how can we progress along it?
I will not waste time in tracing the origins of the crisis in Sri Lanka (most of us
know the facts We tioning blame for history. We donee We can use or mi conflict, or we cal that knowledgear tricate ourselves
all entangled in.
The Futility of W. for a Negotiated
The first and r that our history, es tory, could have ta to learn, is that W problems but ma need to draw adis lion based on the ethnic group (suc revolt) and that b, conflicts (such as Context of recent cient history of Sr nal intervention, r Cannot succeed (s that the governme consider division option); nor can it dealing with the conflict to the sat ties). In other cou War 2, very few r felt grievances of been crushed Without firstnegotiating a political settlement; in turn, few such rebellions have succeeded without governments. Th negotiated settle lence with indefi creasing sufferin
What could negotiated soluti tempts to find or standing onwnal Seek. We needs stitution with Co the provinces. I Worked towards close to an end autonomy was Bandaranayake 1958, the UNP
 

15 FEBRUARY 1997
NWAY OUTO
enough) or in apporlast mistakes. That is to look at history. But use it to escalate the learn from it and use understanding to exrom the mess We are
r and the Need Settlement nost important lesson, pecially our recent hisught, if we were willing ar does not solve our kes them worse. We tinction between rebelfelt grievances of an has the ongoing LTTE ased on class or other the JVP revolt). In the events in, and the ani Lanka, without exterevolt of the former kind since it is inconceivable nt of Sri Lanka will ever of the country as an be crushed (without first political causes of the isfaction of the minorintries too, since World ebellions based on the arge ethnic groups have
O The only alternative to a negotiated set
Council Scheme of which the 13th Amendment to the Constitution was the first step, and recently, what has been called the Package, which is yet alive but in considerable difficulties.
need to qualify my reference to federalism and regional autonomy. Although one of the objectives is to enable the populations of the North and East to enjoy a substantial measure of self government, the units of devolution need not be engineered to be exclusively mono-ethnic or mono-linguistic. There are in fact benefits in taking advantage of the measure of correlation existing between ethnic identity and the provinces we have historically inherited, and dangers in the redrawing of provincial and district boundaries. Perhaps some adjustments may be found to be necessary but these should be kept to the minimum. In any case these details should emerge from the negotiations and should not be pre-determined. need to further clarify that the devolution package sought should not be seen as fixed for all time. Alasting solution does not imply a static one but, rather, reaching a stage from which, in time, further progress can be made. For example, there could, in due course, without compromising the unity and integrity of the State, be a greater degree of devolution or further devolution to Sub-unitS or both. We need to solve our present problems without precluding the options of subsequent generations to solve theirs.
The Need to Evolve a National Political Consensus
Working out a satisfactory solution is not easy. But the even bigger problem is to get it politically accepted. Again, learning from past experience, a solution cannot be unilaterally imposed by any government, however powerful, but needs the backing of a broad national consensus. The B-C Pact negotiated by the then very
tlement is continued violence with indefi- powerful MEP nitely prolonged and increasing suffering. Government was scuttled by
he backing of foreign 2 only alternative to a ment is continued vioitely prolonged and in1.
e the parameters of a n? Judging Our past at, there is broad underype of Solution we must me kind offederal considerable devolution to is occasions when We ich agoalthat we came the conflict. Regional oadly the basis of the Shelvanayakam Pact in overnment's Provincia
protests initiated by the then weak UNP opposition. The Provincial Council Sch- eme worked out by the then very powerful UNP Government was not supported by either the SLFP then politically very weak, or by the LTTE, which had no political representation whatever. The Scheme nominally surwives but has not contributed to solving the crisis. Now, the Package has been rejected by both the UNP and the LTTE. Hopes that it will bring peace are receding. The lesson is clear. At the very least, the SLFP the UNP and the LTTE must, sooner or later, openly or facity, endorse any proposal if it is to progress and lead to a settlement of the conflict. Negotiating only with those with whom agreement

Page 11
15 FEBRUARY 1997
can be easily reached may be comfortable, but may not end the conflict or lead to an effective and enduring solution.
it may appear that it would be easier to work out a settlement if the LTTE Could he eliminated militarily or excluded from the negotiations. But again, judging from our past experience, the former may not be feasible in the near future, and the lattermay render the negotiations irrelevant. Other countries have had similar experiences in attempting to avoid dealing with seemingly intractable groups claiming to represent minorities and engaged in violent activity against the State. Examples include the UK in relation to the IRA, and India and Pakistan in relation to Several minority ethnic militant groups. Negotiating with such groups need not imply recognising them as the sole representatives of the ethnic groups concerned. In the case of the LTTE, if it refuses to participate at the commencement of the negotiations, at least it should be induced to do so at an early stage. This will be less difficult to achieve if the main opposition party is in the negotiation process and the invitation to the LTTE and the terms of the invitation are endorsed by that party,
It is essential that before the final details are worked out, the leadership of the hill country Tamils and of the Muslims, especially of the North and East, should be brought into the negotiations. Support of the parties of the left, the trade unions and one or two of the otherTamil parties of significant political standing is also necessary to forma consensus ora nearconsensus. To get the SLFP the UNP and the LTTE to commence negotiations is the biggest hurdle. Once this hurdle is cleared, as negotiations progress, it is likely that most of the other parties would wish to enter the process.
Dynamic Potential of the Negotiation Process
On the face of it, judging from past experience, it may appear that the common ground, the parameters of the acceptable to the SLFP the UNP and the LTTE at any point in time, may not be adequate to even launch any meaningful proposal, let alone constitute the basis of a final settlement; that the main Opposition party may not, in any case, find it in its interests to support any settlement proposed by the government and that while the LTTE may, from time to time, be willing to enter into negotiations, it is unlikely to pursue the process to its conclusion, since the LTTE seems to be committed to secession to the exclusion of any kind of federatism. From a static perspective, this does appear to be the case. But if we understand negotiation as a process which could constantly and, in time, profoundly change the political environment, it may be possible to achieve
results which may ble at the commenc tion process. Parti negotiations whic clared reservation may feel compelle process, to aband their reservations their commitments parties which chos kept out in the early ed into the proces cal momentum. W developments in o' ample in relation to problems in Northern reland, Palestine and Bosnia: in these cases the negotiation process has begun but is as yet in the early stages.
Such an exercise has never been falsely undertaken earlier in Sri Lanka. We need to start from scratch, though we last. In the past thes either a governmen Cretly worked out a as the basis of a Worse, the conveni ference with free e tion of virtually all ir ruptive of groups W litical support. The voke and crystallis to critical compon from key parties ex lations, and the pro to failure; the latter ence, inevitably dis centrifugal pressu babel of conflicting tiplicity of parties u ing a settlement.
We should, inst as a dynamic proce porate, as early as whose support is ment, simultaneou ements of the packa sensus of those alt ess, and progressiv corporating partie manner that the pro not disrupted.
Need for an Effect implementation S
Even if the ag Worked out and the place, there is no gi effectively impleme Could be subverted tage or by a combin Who will oversee ar

TAMIL TIMES
Iotappear to be feasiement of the negotia2s which entered the l declared or undes and commitments l, as the negotiations in, gradually, Some of und to revise Some of , Several of the other e to keep out or were stages may be suckonce it gathers critie may observe such her Countries, for ex
plementation? In the case of the Provincial Council's Scheme, the Government ministers, Secretaries and heads of departments at the centre were, predictably, reluctant to let go the power they had been exercising. In consequence, they interpreted the laws and regulations designed to devolve some of their powers in such a manner that virtually annulled devolution.
in respect of this scheme, a small high powered team committed to effective devolution and charged with authority to interpret the new legislation and to give directions to the ministries and depart
We should, instead, see negotiations as a dynamic process designed to incorporate, as early as possible, the parties whose support is critical to any settlement, simultaneously working out the elements of the package maintaining a consensus of those already within the process, and progressively attracting and incorporating parties outside in such a manner that the process is advanced and not
disrupted.
ments in respect of implementation Could have made a difference. In the absence of such a body, it is virtually left to individuals in authority in ministries and departments in Colombo to voluntarily relinquish Substantial components of their authority to
would learn from the starting point has been tbacked package send abruptly brought in
Settlement or, even ng of an all party conntry into the negotiancluding the most disfith only marginal poformer is likely to proe outright opposition ents of the package cudedfromits formuposal is then doomed , the all party conferintegrates under the |res generated by a demands from a mulninterested in reach
ead, see negotiations ss designed to incorpossible, the parties critical to any settlesly working out the elge maintaininga coneady within the procfelly attracting and ins outside in Such a cess is advanced and
ive
crategy
reement has been | new legislation is in Jarantee that it will be nted. The settlement by inertia or by saboation of these factors. densure effective im
the provinces in terms of the 13th Amendment which contained many ambiguities. It could not have Worked, and did not.
A second major problem in respect of the Provincial Council Scheme is that the seven provinces outside the North and the East were dominated by UNP Chief Ministers who were, by and large, political lightweights in relation to the Cabinet Ministers at the Centre. Even if they were motivated to attempt to wrench power due to the Provincial Councils they were unable to do so, if the implementation strategy had included provision for Several Cabinet Ministers to resign and take over as Chief Minister in the provinces, the political balance between the centre and the provinces could have tilted in favour of the latter, resulting in more substantial devolution. This would have been even more effective if, together with the Cabinet Ministers, some of the Senior Secretaries in Colombo Were also transferred to the provinces to take over as Chief Secretaries.
The third major handicap to the Provincial Council Scheme was the exclusion of the SLFP They boycotted the first round of elections to the new Provincial Councils and had no stake in the effective functioning of any of the Provincial Councils. Had some of the Councils Come under their control, they may have been motiwated to support rather than oppose devolution. In fact, this was what happened when Provincial Council elections were next held. The SLFP won in some of the provinces and, thereafter, spearheaded the demand for effective devolution. But parliamentary elections quickly followed and the SLFP won those elections as well.

Page 12
12 TAMIL TIMES
In consequence, most SLFP politicians who were in leadership positions in the provinces moved over to the centre hold office in Colombo. Understandably, having crossed the province-centre divide, most of them no longer champion devolution. In any case, the Provincial Council Scheme is now of little political relevance; in fact, the North-East Council of ministers functioned only very briefly and their powers have since been exercised by the Governor appointed by the President. What little devolution has been achieved is effective only outside the North East.
process and the net
Creating the Clima and Facilitating Ne
Finally, although tion on the political be done outside it, rights movement in way for the Civil Rig Voting Rights Act Action, the end of th many other advanc civil rights movemen ern Ireland which ha civil rights and the
A fourth Critical
obstacle to the Success of the PC Scheme was that it did not include the LTTE.They were opposed to it, particularly to its effective implementation in the North East. The
O Co-operation is needed from all who desire a satisfactory (and peaceful) settlement of the national problem ie, from virtually the entire population. But it is the government which is best placed to take the major initiative and to go furthest to create the climate for such a settlement.
LTTE violently and
effectively sabotaged the working of the NEPC, with at one stage, considerable backing from Colombo.They did not take part in the Provincial Council elections, which they charged, were rigged by the IPKF. If the LTTE had a stake in the effective functioning of the scheme, they would have been motivated to make it work.
This may have required delaying the original NEPC elections, and providing an interim administration for the North East for a specified period with a dominant role for the TTE in that administration. At the end of that period, elections could have been held under mutually accepted conditions and an elected administration could have taken over from the interim administration. In the event, NEPC elections were held under the umbrella of the IPKF but the exercise turned out to be counter productive. The Provincial Councils, particularly established to meet the demands of the people of the North and East, are functioning everywhere except in the North and East, and the scheme has become discredited.
The objective sought to be achieved should be seen by the principal parties involved as a national goal benefiting the whole population and not as the goal of the government or of an ethnic group. Perhaps this may be facilitated by the establishment at the centre of an interim national government including the principal parties involved. But these details should emerge from the negotiation process which could begin with two or three parties getting together with no more than a skeleton structure of a proposal and working towards an expanding consensus. simultaneously, graduallyfleshing out the details including most importantly, the implementation strategy. The emphasis throughout should be on the negotiation
Co-operation is desire a satisfactor tlement of the natio virtually the entire pi government which i the major initiative create the climate fic Tamil is an officialla in law but, outside there is not much e Inconsequence, Tal are handicapped ir signboards, negot nesses, finding Tan education and trair good schooling (es tion areas) and in Even more critically criminated against ployment (both put tors), access to hol of freedom of mov security. It is neces: receive equal treatr access to the right joyed by other citiz Substantial movem nation of discrimina progress towards a
Before conclud On a controversial i faced from time to t a third party in the any foreign governi agency or other in: be involved? If so, ment by what kind vidual? We need ni mediation or exter gether. It has been Northern Ireland a Some kinds of inter wated the problems tial intervention and

15 FEBRUARY 1997
otiation strategy.
te for a Settlement gotiations
have focused attenprocess, much can or example the civil the USA paved the hts Act of 1964, the of 1965, Affirmative war in Vietnam and ps. There are peace/ 's in Israel and Northfe helped to advance orospects for peасе. We do not have a significant peace/ civil rights movement in Sri Lanka. Such a movement could mobilise the people outside the political arena, and bring political presSure to bear on action within it. needed from all who | (and peaceful) setnal problemie, from opulation. But it is the s best placed to take and to go furthest to or such a settlement. inguage in Sri Lanka the North and East, vidence that it is so, mil speaking persons respect of reading iating official busihill medium technical ing courses, finding pecially in the plantamany other matters. they are acutely disn recruitment to emlic and private secusing and in respect ement and physical sary that they should nent and enjoy equal s and privileges enens. Without at least nt towards the elimition there can be no political settlement. e, would like to touch ssue which has surme. Ils theira role for egotiations? Should ment or international stitution or individual what type of involveof institution or indiit rule out third party na assistance altohelpful in Palestine, nd Bosnia, although /entions have aggraIn Sri Lanka, the inimediation of India ap
peared to set the stage for a settlement,
but there were many mistakes made and,
in the end, it may have done more harm than good to India, to Sri Lanka, and to relations between India and Sri Lanka. Clear lessons from our experience are, first, then the external party must enjoy and continue to enjoy confidence of all the key parties and, secondly, that the role of the third party must be supportive, not dominating; attempting to impose a solution is likely to be counterproductive. The third party may, possibly, need military muscle to enforce agreements; but the introduction of any such enforcement mechanism must be both altruistic and in terms of prior agreements freely entered into by the parties to the conflict. Perhaps we need to be open to, and even explore the possibility of using help from outside in making initial contacts and in promoting negotiations. The near total breakdown of mutualtrust between thekey parties to the conflict in Sri Lanka have Created an environment in which productive negotiations and credible commitments may not be possible without external intervention initially and at critical stages. But such interventions should below key andalways subject to the continued confidence placed in that agency by the key parties. The details of any agreement will have to be worked out by us and cannot be imposed by an external body, however well intentioned.
What are the prospects of achieving a just and workable settlement leading to a lasting peace? Right now the prospects do not look good. The government has a proposed solution which, by and large, contains the essence of a fair settlement, although, I believe, some important changes will be necessary. But the manner in which the solution has been presented have made both its acceptance by consensus and its effective implementa
tion most difficult. It is seen as a solution
which the Government is seeking to impose. In particular, the major opposition party and the LTTE have had no hand in its formulation. Moreover, there is a war and acts of terrorism going on. There can be no durable Solution worked out in such an environment.
Though shortcomings in the negotiation process leading to the formulation of the proposal may hinder its acceptance for the present it is, in Some details, an advance on earlier proposals and has led to open discussion on some of the critical issues. Perhaps it could yet form the basis of a negotiated settlement. But we need to travel along distance negotiating together, having confidence in ourselves, our negotiating partners and the negotiating partners and the negotiating process that we could and will reach a mutually acceptable destination, the co- ordinates of which we will jointly identify as we progress. O

Page 13
15 FEBRUARY 1997
THE CHOICE FOR
By K.A.Anandan, USA
resident Chandrika Kumaratunga P has articulated her strategy to solve the Tamil question in her interview with "Frontline" (Tamil Times, October, 1996). Her "War for Peace", she claims is against the LTTE and not Tamils, and its aim to "take over the main population centres now held by the Tigers, after which we would have access to almost ali citizens - ali normal people - (sic) and make a political settlement with them." There is no place in her strategy for the LTTE, "who will go into the jungles and engage in various types of attacks," and presumably fade away,
The "political settlement" referred to by the President is the "devolution proposal” of the Government. The first version of these proposals was announced in August, 1995. It was subsequently watered down in its January 1996 version, which in turn has been under discussion by a Special Committee of Parliament. The Committee is expected to make its recommendations soon.
President Chandrika Kumaratunga clearly intends to finalise these proposals for approval by parliament and anational referendum in the next few months. in this effort she wants to get the support first of the Colombo-based Tamil parties represented in Parliament and later of famil voters in a national referendum.
The Tamils have now to make a fundamental choice - whether to support the President's strategy or not. An attempt is made in this note to analyse this choice as succinctly as possible. The intention is to spark a debate on this question in the Tamil Times and outside.
There are a number of Tamils, apparently including the Tamil parties in Cokombo, who believe, in varying degrees, that the president should be supported. A number of reasons are offered. First and foremost is their concern about the extreme suffering of the Tamil population at large, especially in the north east, which needs to be ended. Second is a tacit acceptance that a continuation of the confict will, over the long term, make the Sinhalese even more intransigent and leave the Tamils further decimated and weaker than at present. A part of this stems from a concern that the internatxonal community, and especially India, has been alienated from Tamil cause, Fourth is the strong belief that President f{umaratunga is the Tamil's "best and last hope" and that her devolution proposals offer the maximum that the Sinhala "real politik” will allow, Fifth, but not least, is a ra-gs of stated concerns about the LTTE,
its authoritariani lence, its inflexib maturity, its unac adding up to a LTTE Cannot rea the Tamil's travail than is now on Kumaratunga.
The opposite conviction that Si cluding President voluntarily agree which will truly 6 have their own sp their physical sec and ethnic and c ensured. In this v rianism is driven, an ideology that S ntly a Sinhalese President Whatev may be has no ch this framework. Th tai control of a bra especially the sec lese is an entren phenomenon.The calls for nothingles sharing arrangem Over their lives.The does not deliverth This view is sh experience, repre actions relating to employment, econ political process, lese colonisation ir tinues to be nouri discriminate viole. security forces ag. in this view, politic agreements reach halese leadership devolution propos. ance that they will not be negated by ment. The issue th one of trust in Pres This view alsc ment's strategy of N ing the LTTE milit from the evolution They believe, that only effective prote and that its elimina ter for the Tamils. A cern is that any pc of a devolution pac without their partic Conflict or the suffe ple. It would only political solution in Moreover, mar

TAMIL TIMES 13
AMLS
n, its proclivity for vioty and lack of political eptability to India - all eneral sense that the y deliver a solution to - at least none better offer from President
view stems from the halese leadership, in
umaratunga, will never
apolitical settlement hsure that Tamils will (ce in Sri Lanka Where |rity, economic welfare
ultural identity will be ew, Sinhala majorita- 1
on the Tamil issue, by ri Lanka is pre-emineBuddhist state. The ær her personal views oice but to Work within ley believe that the tonches of the state, and urity forces, by Sinhached and undilutable Tamil response to this ss than a radical power ent with Tamil control Government strategy S. aped by the historical sented by anti-Tamil language, education, omic development, the and especially Sinhathe north east.it conhed by the use of ince by the Sinhalese inst the Tamils. Also, understandings and ed by Tamils with Sinincluding any new ls, provide no assure implemented or will a successor governerefore is not merely dent Kumaratunge.
rejects the Governeakening or eliminatrily and to exclude it f a political solution. he LTTE is now the ;tor of Tamil interests on would be a disasmore pragmatic contical solution by way age that is approved ation will not end the ngs of the Tamil peourther complicate a he future. protagonists of this
view believe that most of the sufferings of the Tamils are the result of the violent and repressive nature of Sinhalese majoritarianism as demonstrated bymanner in which the Government is Conducting its military operations, including the extensive use of indiscriminate shelling and bombing, torture, disappearances, rapes and the deprivation of food and medicine as weapons of war. The sufferings of the Tamil people will continue as long as there is massive Sinhalamilitary presence in the Tamil areas.
This view also rejects the demonisation of the LTTE, although some do have concerns. It acknowledges the positive aspects of the UTE experience especially during their administration of the mini state in the north east. They also point to the fact that LTTE has always had to function in an environment of war and economic embargo.
A not much articulated part of this view is the inadequacy of the Government's devolution proposals from the perspective of Tamil concerns outlined above. While the final devolution proposals are still under preparation by the Parliamentary Select Committee, it is generally recognised that its final form will be a much watered down version of the January, 1996 proposals. A good analysis of deficiencies of the 1996 proposals was made by the Tamil information Centre in London in early 1996. In the present context only a few basic points need to be made. First, despite its rather grandiose title of "Union of Regions,"power will be concentrated in the centre (ie, the Sinhalese) in critical areas of finance, security and public lands. Second, the whole arrangement could be changed by the central Parliament at any future date without the consent of the Tamils. This is contrary to a core characteristic of federalism, despite claims by some Tamil politicians in Colombo that the proposals offer "federalism except in name." In addition, the President could dissolve a regional council for national security reasons at the President's sole discretion, Finally, the proposals did not provide for a unified Tamil region for the north east, which Sri Lanka accepted as the "historic habitation of Tamils" in the Indo-Sri Lankan Accord of 1987; nor does it address the critical issue of Sinhala Colonisation in the North-East. Indeed, the President has made clear her opposition to "ethnic enclaves" and to federalism - despite the fact that both are common features of Constitutions in multi-ethnic countries throughout the World.
Conclusion
It would be evident from the above analysis that in the writer's judgment the case against Tamils supporting the Government strategy and its devolution pro(Continued on next page)

Page 14
14 TAM TIMES
(continued from page 9)
Within two days of the first crash, a transport plane crashed at sea off the northern Jaffna peninsula on 20 January with four people aboard. The Chinese built Y-12 twin-engined turbo-prop aircraft was on a maritime surveillance mission to check a suspected LTTE vessel when it lost radio contact. The Y-12 had taken off about 4.00 a.m. (2200 GMT) from the Palaly airbase in the northern Jaffna peninsula,
"The pilot gave a call around 5.15 a.m. (2315 GMT) saying he had seen a ship and was going down to identify her and that he will call after 10 minutes. When he did not call we tried to raise him. There was no response. We then started a search on the last known location," an airforce official said.
As Indian and Sri Lankan planes and warships continued searching for the Y. 12 reconnaissance plane, another Lankan airforce fighterjet crashed into Negombo lagoon in south-western Sri Lanka on 21 January after the pilot ejected safely. This time it was an Israeli built Kfir (jet) which reportedly experienced difficulties soon after takeoff from the Kattunaike airbase.
RAPHELVISITSNORTH United States Assistant Secretary of State, Robin
Raphet, visited Sri La ern region on 31 Ja national aid agenci Tamils. Raphelm UNHCR and the ICF is the transit point f war between goverr LTTE.
ARMY CAMP FALL gers had overrun || camp in the East k troops, a statement on 3 February. The LTTE fire just aftern and Within 20 minut trol. In addition to the killed, many others a injured, 15 LTTE fig A military-tractor wa demolition units and cated weapors and tured. This attack is of LTTE military st added the statemen
DMKLEADERONT nidhi, the Chief Min dian state of Tamil N National Security A against anyone who the outlawed LTTE at tection Conference Madras by the Pat (PMK) on 1 Februar speaking in the Tami bly said that glorify tantamount to treaS
(continued from page 14)
posals and the marginalisation of the LTTE, is much stronger. Any possible benefit to the Tamils from supporting the Government's strategy would be limited and transient at best and the pain and suffering of the Tamils will not ease because the war will Continue.
The viability of the Government's strategy and its claimed benefits rest on the LTTE being weakened militarily to a low level insurgency limited to a small part of a depopulated Vanni areas. However the LTTE continues to be a strong military force. W−
It is also noteworthy that the demand initially for federalism and for a Tamillinguistic state consisting of the North and Eastern provinces, and its later transformation into a demand for an independent Tamil state were sponsored by the TULF (and its predecessor Federal Party) and supported by all other Tamil parties now operating in Colombo.
in this background it is indeed tragic to see the Tamil parties in Colombo not only supporting devolution proposals despite the noted deficiencies, but also mobilising political support for them, among other parties in Colombo. They
seem also insensitiv are no democratic n the views of the Tar which is under milita main concern of pec Survival.
One can under Tamil parties in Co cal role for thems should realise that Government will yie short lived political leadership will giv Space and resource them for the purpc macy internally an It is to be hope the famili Times al their views on this leadership of these instead be request of people like Dr K for an end to the iso the South and the manitarian access other essential su by an abatement i and by resumptio tween the Governn third-party mediat

5 FEBRUARY 1997
ka's war-torn northuary to meet inters helping displaced it officials of the C in Vavuniya which rTamils fleeing the ment forces and the
STO LTTE: ami||Tjavadivempu army ling 30 Sri Lankan from the LTTE said camp came under idnight on Saturday S fel into LI TE con30 Sri Lankan troops 'e missing and badly ters lost their lives. s destroyed by LTTE an array of SophisticCessories was capthe latest in a string |ccesses this year,
REASON : M. Karnaster of the south lnadu, Warned that the ct would be invoked spoke in support of
the Eelamami Pro
hosted and held in tali Makkal Kadchi y. The Chief Minister Nadu State Asseming the LTTE would Dr.
e to the fact that there heans of ascertaining nils in the north east, ry rule and where the ple now is day-to-day
stand the need of the ombo to find a politi2lves. However they collaboration with the ld them only little and gains. The Sinhalese them little political s once they have used se of claiming legiti
internationally. d that the readers of d others will convey vital question to the parties. They should 2d to support the call mar Rupasinge, first ation of the north from estoration of free hufood, medicines and plies, to be followed the level of conflict
of negotiations beent and the LTTE With fn or facilitation. O
78 LANKANS IN ITALIAN CUSTODY . Italian authorities confirmed on 28 January that they have taken into custody 78 Sri Lankans from a Turkish ship which sank off the coast of southern Italy on January 24. Reportedly there were 154 illegal immigrants aboard the ship among whom there people from many nationalities. They were rescued by Italian coast guards. It was suspected that they were all transported after approaches were made to one agent who promised them to arrange the trip to gain safe entry into Italy and thereafter to other European countries. Twenty-one of the 51 Sri Lankans rescued arrived in Colombo on 25 January of whom two were Sinhalese and the rest were Tamils.
CALL FOR PROBE ON KILLINGS: Three non-LTTE Tamil political groups, EPDP PLOTE and EPRLF have called upon the government to institute a judicial probe into what they describe as the massacre of civilians by the security forces on 29 January. According to the groups, the death of 9 Tamil civilians occurred following a grenade attack in Ponnalai in northern Jaffna on an army patrol by the LTTE when the army perSonnel had allegedly thrown a handgrenade and directed automatic gunfire at a group of innocent civilians walking towards the sea to carry outfishing activity
GERMANAIO FOR JAFFNA : The German government recently donated equipment worth approximately Rs 10.5 milllion to the Ministry of Housing and Construction to be used to improve the water supply in Jaffna in northern Sri Lanka.
The equipment handed over by the German Ambassador in Sri Lanka, Dr. Michael Schmidt consisted of tWO pickup jeeps, four tractors, six water bowsers, three motor-bikes, two trailers for tractors, one computer, twenty fibreglass water tanks, two generators, three submersible pumps, office furniture, a photo copy machine, six air-conditioners, numerous tools, repair kits etc.
The goods represent the first part of the grant of articles needed to reconstruct the Wells in Thinnaveli and Kondavil, said E. Halbach, the team leader of the project. He said that this was only the first step in a series of projects that the German government was planning to help improve conditions in Jaffna. The next move is to improve and repair schools in Jaffna.They hoped to begin the rehabilitation of schools as soon as possible, he added.
The equipment is to be sent to Jaffna on 15 February, and the Ministry of Re. habilitation had undertaken to provide 60C workers in this connection. The projec would function with local labour and material, and it was for the benefit of the people of Jaffna, and it would provide them with employment and satisfaction of being part of the project, Mr. Halbach said,

Page 15
15 FEBRUARY 1997
he tenth anniversary of O the death of S.Nade. A Tenth Anniversary C san OC fell on 21 De
cember 1996. The present commemorative article focuses on just one as
pect of this brilliant and Ver
e Sri Lankan - his impas- Suriya Wickremas red and total commitment : : re institution of the judiciary. We sorely miss Nadesan today when this institution is beset afresh by controversy. Fortunately, his numerous legal battles, speeches and writings, have left us with a veritable goldmine which may provide some guidance in getting our thinking right and straight on issues of the day. We are also fortunate that he had the habit of clarifying his thoughts by putting them down in writing, and in writing out speeches he was going to deliver or oral submissions that he planned to make to Court. Many of these unpublished manuscripts have been preserved. Nadesan's speeches and writings tend to be timeless because, although he was dealing with contemporaneous problems, he always looked beyond them to basic principle. While the contemporaneous situations may or may not have their parallel today, the formulation of basic principle invariably remains valid. Sketched here in brief are some instances where Nadesan grappled with questions of the role and independence of the judiciary, or its relationship with the other organs of state power. This article can do no more than outline the surface, and draw attention to the extensive treasure that is there, most of which is readily accessible to anyone wishing to consult the relevant law reports, sessional papers, speeches, written submissions, publications and other documents.
The Judges and the 1972 Constitution 8
When a new Constitution was being drafted in 1971 Nadesan wrote, at record speed, a book as a contribution to the debate, 1 It was both a privilege and an ordeal to assist him editorially in this task, to which he applied himself with demonic vigour. One chapter is devoted to the administration of justice, which topic also features prominently in the delightful sessions of an imaginary Constituent Assembly2 described in the same book. Basic principle, indeed basic common sense, on the respective role of judges and the legislature, the protection of fundamental rights, the need to curb legislation that encroaches on them, and the independence of the judiciary, including the appointment procedure, are dealt with in clear, incisive terms. Eminently readable, the writing is laced with the impish sense of humour in which Nadesan found a potent weapon to reinforce whatever point he was seeking to make.
Nadesan tells us solemnly that "with the overcrowding at the barlawyers who are aspirants to judicial office may feel they can usefully occupy their time campaigning and "attending election meetings and patiently listening to the speeches and sitting on he platform making their presence felt". A lawyer who so helped he winning party "may naturally be regarded by the Minister, if not by several Ministers, as a loyal man whose political beliefs are the same as that of the party"Then again, there will be elecbonpetitions in which a loyalist may appear as Counsel.
Then" says Nadesan "the trouble begins. Even before the Minister of Justice settles down to his job he will be harassed by these loyalists for judicial appointments and it will require all his act to keep everyone happy. In the meantime the aspirants to ocial office may canvass the support of other members of the 'ational Assembly to put in a word to the Minister of Justice or to the Council of Ministers. The Minister of Justice may take the path of east resistance and appoint a loyalist as a judicial officer or
 
 
 
 

TAM TIMES 15
O O even as a Judge of the SuOmmemoration Article premecourt prerening nim
to others of greater ability,
better knowledge of the law and wider practice and expe
rience."
is all this conducive, nghe, Attorney-at-Law Nadesan asks us, to secur
ing the independence of the judiciary? Concluding, he sounds a note of alarm that rings loud and clear across the span of twenty five years:
"Ceylon has today a judiciary of which it can justifiably be proud. This judiciary has a tradition of deciding without fear or favour between the subject and the state. By the very nature of this tradition, it may be diffi. cult for a "loyalist' for some time to give effect to his peculiar notions of justice. But in course of time with loyalty to party, and not character and competency being the deciding factor in the making of appointments, this tradition will be no more."
The Criminal Justice Commission and The Great Walkout
Nadesan's commitment to the institution of the judiciary was dedicated, passionate and complete. This dedication included standing up to judges robustly when he thought they were wrong, and being blunt and even defiant when he felt the bench deserved it; he was never obsequious or ser-, ville. In the preliminary stages of the marathon trial of the main 1971 JVP suspects, Nadesan opposed a decision of many of the defence counsel (taken at a huge, historic and heated conference of counsel and clients all crammed together in a smallish office room in the Welikada jail). The decision was to walk out of the Commission in protest if an anticipated ruling considered unfair was made. Nadesan's position was that however wrong the ruling, one must stay on and fight one's client's case, and on 10 August 1972 he stayed put during the Great Walkout of lawyers (who never came back). Soon thereafter he started to raise his own preliminary objection and the bench ruled it would not consider it till the end of the case. Nadesan persisted, and was asked to desist, but remained on his feet and continued to press his argument, and was asked to sit down, but continued regardless, and this process was repeated for some time, with both parties evincing an increasing determination not to yield. The tension for everyone else in court was unbearable. It was as if one saw two aircraft collide in mid air, and was waiting for the flames and sound of impact. But there was neither conflagration nor crash. GreatWalkout NumberTwo simply took place, this time however by the five judges, who abruptly adjourned and swept out of the room while Nadesan continued to address their vanishing Lordships. Each side having thus made its point, the score was then apparently considered equal, and the following day the inquiry passed on to its next stage in complete amiability, and so continued right to its end over two years later as if nothing out of the ordinary had ever occurred.
The Constitutional Court and the Press Council Bill
The Civil Rights Movement was one of several challengers of the Press Council Bill of 1972 which it considered incompatible with freedom of expression. Nadesan appeared for CRM in the Constitutional Court where the hearing on this took place. Others participating included HW Jayewardene QC on behalf of the leader of the UNP, HL de Silva on behalf of the Moratuwa Mahajana Sabha, and Jayatissa Herath on behalf of the Rev. Matara Chandarama. It was clear that the legal arguments could not be satisfactorily concluded within the two week period prescribed by

Page 16
16 TAMIL TIMES
the Constitution, and a discussion took place as to whether this limit was absolute or whether it was merely for the guidance of the Court which in a fit case could extend the time. In legal parlance, was the provision mandatory or merely directory. Nadesan had no difficulty in convincing the court that it was directory. The United Front, he said, had obtained a mandate to draw up a new constitution that would secure fundamental rights and freedoms. It had implemented this promise by providing that whether a provision conflicted with a fundamental right could be examined before it passed into law, and for this purpose a constitutional court was set up,
"What is contemplated", said Nadesan, is a judicial decision as to whether a provision of a Bill is inconsistent with the Constitution. A judicial decision means that the court must judge conscientiously and as correctly as it possibly can. To do this the court must first inform itself regarding the arguments for and against, read the authorities cited, and make up its mind. The human mind is not an automaton which can be called upon to make a decision in a limited time without regard to arguments, reasons or precedents."
Nadesan then procee ed with a compelling exposition of what must have been the inter ion of the Constituent Assembly. If one holds the time limit imperative, a citizen could be deprived, for no fault of his, of the only method that the constitution had given him of securing his fundamental rights. "Could the members of the Constituent Assembly ever have intended to deprive the citizen of his right merely because the Constitutional Court finds itself unable to give a decision within 14 days? It is inconceivable that the Constituent Assembly Members, who were pledged to secure the fundamental rights of the citizen, could have intended this."The only reasonable interpretation, he continued, was that the provision is intended as a guide and no more. "What is more important than the time factor is that there should be a well considered and proper decision."
There was complete rapport between bench and bar. ("Mr Nadesan, could go on listening to you for ever!" said presiding judge T.S. Fernando Jat one point.) The Constitutional Court sat in a room in the Parliament building, and it became clear that some members of the National State Assembly took a different view of the 14 day time period and might press to proceed with the Bill without waiting for the Court's ruling. At the end of his submission Nadesan thus felt it advisable to stress the respective role of the courts and the legislature.
It has to be remembered, he said, that the Constitution is supreme. "The National State Assembly and the constitutional court are both creations of the constitution. Each of these bodies is supreme in its own sphere, and must observe the law and the constitution. The constitution provides that the National State Assembly cannot directly exercise judicial power (except in regard to its own privileges) and that judicial power has to be exercised through the courts and other institutions created by law. The question of the correct interpretation of the law in dispute involves the exercise of judicial power. It is not the function of the National State Assembly to interpret even the laws enacted by it when a dispute arises. Indeed the Assembly is ill equipped to interpret laws. This cannot be done by the application of the party whip, interpretation of laws requires trained Judges who have to consider all aspects fully in the light of legal principles. It is because the Constituent Assembly considered that the National State Assembly was ill equipped to interpret laws that it created a constitutional court to decide disputes as to whether a Bill infringes the constitution. The constitutional court has to interpret the constitutional provisions regarding its own jurisdiction, powers and duties. No other body is recognised by the constitution to perform this task. The constitution cannot function smoothly unless the decisions of the Court in matters regarding its jurisdiction, powers and duties are accepted as authoritative by all other bodies created by the constitution."3
The court continued to hear the case until its sittings were abruptly terminated in Curious circumstances, but that is another story.

15 FEBRUARY 1997
Parliamentary Privilege and the Exercise of Judicial Power by Parliament
Nadesan as a Senator and a lawyer played a major role in he creation of the law on parliamentary privilege in 1952. He Mas a member of the Joint Select Committee of the House of Representatives and the Senate which drafted the 1953 Act on his subject. Significantly, the Committee decided unanimously that the legislature should not investin itself the punitive power of sentencing an offender to fine or imprisonment, which should be entrusted to the Supreme Court alone. "It is undesirable that a body should be the judge in its own cause", Minister of Justice Sir Lalita Rajapakse explained in piloting the Bill through Parliament. it is no secret that it was Nadesan who cogently argued for this principle which was readily accepted by his fellow members of the Select Committee. In fact the Leader of the House, Sir John Kotelawala, in Pariament paid specific tribute to Nadesan's contribution to the work of the Select Committee, Thus was the distinct line between the proper exercise of the judicial and the legislative powers arrived at and carefully and correctly drawn by unanimous democratic decision,
Nadesan was therefore appalled when in 1978 a hasty amendment, rushed through in the teeth of opposition protest, changed this position. The very next day, in the infamous"Ceylon Observer case" arising out of a comic photo/caption mix-up, two journalists were hauled up before the whole House, "tried" and "sentenced." Nadesan wrote a report for the Civil Rights Movement which was also serialised in the Sun newspaper. He explained how, and why, the exercise of punitive powers by Parliament had been deliberately excluded by the Act, and stressed again the undesirability of Parliament exercising the judicial function. A devastating analysis of Parliament's farcical proceedings in the Ceylon Observer case followed. "The very first case before the Nationa State Assembly........ affords a telling illustration of the danger inherent in the new amendment giving punitive powers to the NS of sentencing persons to fine or imprisonment" concluded Nadesan. "Courts of law are the best institutions equipped to interpreta statute. It is their proper function just as legislation is the proper and rightful function not of the courts but of the legislature."
Far from appreciating the excellent lega! advice tendered to it gratis by Nadesan, the legislature accused him of breach of privilege claiming he had defamed Parliament by the article! Wisely, however, it exercised its option of referring the trial to the Supreme Court. (Nadesan was bitterly disappointed; he was looking forward to taking on the entire Parliament in person single-handed, and convincing its members, in a face to face confrontation, that they should not exercise judicial functions). His trial evoked international interest and was one of Sri Lanka's cause celebres, he was ably defended by H.L. de Silva and acquitted.4
The Daily News Contempt Case
Nadesan's commitment to the independence of the judiciary led him to raise - and doggedly pursue - issues even when one suspected that the judges themselves might have preferred to dodge facing them. One such instance was when in 1983 the Daily News reproduced a highly defamatory allegation against two sitting judges of the Supreme Court. This allegation was contained in a notice of a Motion contained in the Order Paper of Parliament. Accurate reports of the proceedings of Parliament are, of course, privileged, which means they cannot be the subject of action for defamation, Nadesan's argument however was that the same protection did not apply to contempt of court. The particular gravity of the situation was that the motion was no private members frolic, but was by the government; it was directly related to a ruling highly embarrassing to the government, delivered by the two judges in question in part of the complex legal aftermath to the deprivation of former Prime Minister Sirima Bandaranaike's civic rights.
Contempt proceedings could have been initiated by the Supreme Court itself, or by the Attorney General, but this was not done. It was left to a public-spirited individual, Attorney-at-law Suranjith Hewa manne, 5 ably inspired and encouraged by

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15 FEBRUARY 1997
Nadesan, to set the wheels in motion in what more timid souls may have feared held all the promise of a confrontation between the judiciary and the legislature. If the judiciary drags its feet in protecting itself, it may need to be prevailed upon to act. One cannot say the judges deserve whatever they may get and wash one's hands of the issue, for what is at stake is something far more vital than the reputation or dignity of individual judges.
With grim vigour and a total identification with the complainant's cause Nadesan explained to court Hewamanne's motivation, using the practitioner's convention of speaking in his client's VOCe:
"if people lose respect for the judges they will stop coming to court for redress and they will start to take the law into their own hands", he said, "and then there will be chaos in this country and I don't like that, and therefore I have come to Your Lordships' Court....", 6
The defence relied strongly on the freedom of publication and the right of the public to know. This was a case in which a balance had to be struck between two important and competing interests. On the one hand there was the need to protect the judiciary, especially against attack from the government, so that it can function fearlessly and independently. On the other hand there was the freedom of expression and infomation, especially in connection with a matter to be brought before the legislature. The hearing lasted fifteen days. By a majority verdict the complaint of contempt of court was upheld. (Rightly, no punishment was imposed, as the offence had manifestly not been committed by the newspaper with the deliberate intention of interfering with the administration of justice.) The judgments contain important expositions of the role of the judiciary, in particular that of Wanasundera J. who held that the power vested in the judges to safeguard the welfare and security of the people is also a delegated part of the sovereignty of the people referred to in Articles 3 and 4 of the Constitution; contempt against the judges is therefore an insult offered to the authority of the people and their constitution. Abdul Cader J. said that "Parliament is a responsible body and can well be expected to preserve and foster the dignity of the Courts in the interest of the public. But an equal duty rests on the Courts to safeguard that same dignity."
Parliament responded by amending the law to enable the press to report contempt of court by the legislature with impunity; one of many retrograde measures that need today to be set right.
The Great Lockout
"Here is a classic example of the uncertainties of litigation and the vicissitudes of human affairs. The annals of the Supreme Court do not record such a unique event and I venture to hope there never will be such an event in the years to come", so opens the report of what must be the most extraordinary case to ever come before our Courts.
For over a week the country did not know whether it had a Supreme Court or not. That we now know that we did in fact have one all along is due to the indefatigable efforts of S. Nadesan QC. On 9 September 1983 Nadesan was addressing a five judge bench of the Supreme Court in a fundamental rights application challenging the banning of the Saturday Review, when the judges mysteriously adjourned. They had noticed that the Sixth Amendment to the Constitution - the text of which they had just received - required them to take the new oath before the President. In fact they had taken the oath before each other (which was the original requirement in the Bill; this had been amended in Parliament at the Committee stage).
A bizarre series of events followed, too complex to recount here, Suffice it to mention that the Courts and the Chambers of all judges of the Supreme Court were locked and barred and armed guards placed to prevent access. (The Chief Justice later said, "this act has polluted the hallowed portals of these courts and that stain can never be erased"). A few days later the judges received fresh letters of appointment and two oaths were administered to each. On 19 September, ten days after their abrupt disappearance, the five judges assembled again to hear the Saturday Review case,

TAMIL TIMES 17
At this point Nadesan contended vehemently and tenaciously that the judges had never gone out of office, and that therefore what was taking place was not a fresh hearing but a continuation of the earlier proceedings.
in view of the importance of the issue the Chief Justice referred this question to a Full Bench of nine judges. The matter was argued for twelve days and all nine judges wrote judgements at the end, seven supporting the position contended for by Nadesan. 7
Several questions arose, some technical in nature, but the most crucial went to the core and substance of the institution of the judiciary. Again, it was a question whether a requirement (in this case, that the oath be taken before the President) was mandatory or directory. Some curious arguments were put forward on behalf of the Attorney General, who took up the position that the judges had gone out of office. In arguing that the requirement to take the oath before the President is mandatory the Deputy Solicitor General contended that the personal allegiance which the judges owed to the Sovereign in the days of the monarchy is now owed to the Head of State "who is entitled to ensure that the allegiance is manifested openly and in his presence". “This”, observed Samarakoon CJ, "is a startling proposition. Sovereignty of the People under the 1978 Constitution is one and indivisible. it remains with the People. it is only the exercise of certain powers of the Sovereign that are delegated under Article 4". The CJ went on to point out that fundamental rights and the franchise remain with the People and the Supreme Court has been constituted the guardian of such rights. "I do not agree with the Deputy Solicitor General that the President has inherited the mantle of a monarch and that allegiance is owed to him. The oath in terms of the Fourth Schedule which the Judges were required to take or affirm in terms of Article 107(4) swore allegiance to the Second Republican Constitution and the Democratic Socialist Republic of Sri Lanka”
Another argument was that by accepting fresh letters of appointment the Judges had precluded themselves ("estopped"was the legal term used) from asserting that they had not gone out of office. Sharvananda J surveyed the provisions of the Constitution relating to the judiciary, and found the Deputy Solicitor General's submission"jarring" and "untenable. The doctrine of estoppel invoked by him is out of place in the area of constitutional provisions...The interest of the public...is supreme. The basic concept of judicial independence would be exposed to very great jeopardy if rules of estoppel are allowed to modify it. The Judges, once they accept appointment under Article 107(1) of the Constitution are not free to contract out of the provisions of the Constitution and waive the constitutional protection that is warranted to them in order to protect their impartiality and integrity. Any such waiver is null and void." On this same point Soza J held
"Security of tenure of office of the Judges of the Supreme Court and Court of Appeal is an essential component of judicial independence and is entrenched in our Constitution as a principle of State Policy for the benefit of the Sovereign people. No amount of waiver or acquiescence even by the judges themselves can defeat the security of tenure of judicial office enshrined in the Constitution”.
When Nadesan first said that the question of whether the judges had gone out of office must be ruled upon, the Chief Justice remarked that he was raising a hornet's nest. If not for Nadesan's insistence, the matter may never have been gone into, and we would not have today the benefit of an authoritative account of what took place, and the careful analysis of and decision on the legal implications of these extraordinary events in which the very existence of the Supreme Court and Court of Appeal had been placed in doubt. How and why Nadesan's insistence arose is not very clear from the judgments, but it transpires from Nadesan's notes of oral submissions which are fortunately available to us. He recounts that when the court reassembled on 19 September the Chief Justice said that as the two months before which the Order had to be made in the Saturday Review Case expired on the 22nd September it would not be possible to make the order, and requested Nadesan not to press his petition, but to

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18 TAMIL TIMES
take up a second petition which he had preferred in respect of a second similar order made by the Competent Authority for the subsequent month, as then the Court would have adequate time to make the order before the expiry of two months. Nadesan then stated that his position was that the date of making the order was directory and not mandatory. He also contended that the proceedings of the 8th and 9th were valid proceedings before de jure Judges of the Supreme Court and that he proposed to make his submissions in this regard. He was not prepared to give up his clients case in respect of the first period as apart from everything else they had claimed compensation in respect of the closure. Nadesan continued:
"Your Lordship the Chief Justice then said that I was raising a hornets nest and requested me to proceed with the second case. I stated that I was not prepared to do so in the interests of my client which it was my duty to safeguard. Your Lordships Court then indicated that the matter will have to go before a bench of 9 Judges and that is how the matter has now come up before Your Lordships Court. All this shows that in these matters there are not only two organs of the State, the Supreme Court and the President, who are involved but also the people. The Supreme Court and the President may have resolved their differences in some particular way. But this does not affect the right of a citizen to argue that indeed the proceedings of the 8th and 9th were valid proceedings before Supreme Court Judges who had not ceased to hold office. The petitioners are not in any way responsible for the difficulties that had arisen between Your Lordships Court and the President. They had nothing to do with it. They are entitled to present their case on the basis that you had not ceased to hold office if that is the position according to their lawyers..."
The attempt to sack the Chief Justice
In 1984 Chief Justice Neville Samarakoon QC made a speech at the annual award-giving ceremony of Sinnathuray's Commercial Tutory, a modest event held at the Sea View Hotel, Kollupitiya. The sequel was an attempt to remove him from office.
A Select Committee of Parliament, chaired by the Hon R. Premadasa, first purported to examine his conduct. The majority decision was unfavourable to the Chief Justice (the voting coinciding with party allegiances). Subsequently a resolution requesting the removal of the Chief Justice was signed by 57 members of Parliament.
The Constitution provides that a judge of the Supreme Court or Court of Appeal may be removed from office only under certain circumstances, and this includes proof of misbehaviour or incapacity. The investigation and proof of such alleged misbehaviour or incapacity shall be provided for by Parliament "by law or by Standing Orders." It was thus open to Parliament to pass a law providing for an independent judicial tribunal to inquire into such allegations, as was provided by the Judges Inquiry Act of 1968 in India. Instead, Parliament opted to make provision by Standing Orders, and adopted the Select Committee procedure. A second Select Committee, chaired by the Hon Lalith Athulathmudali, was accordingly now set up to investigate the CJ's conduct and report to Parliament. At this stage Nadesan appeared for the Chief Justice and conducted a most thorough and spirited defence. At issue here was not merely the fate of Samarakoon CJ but most fundamental questions affecting the very institution of the judiciary. Nadesan subjected to a rigorous analysis the findings of the first Select Committee which had set the whole operation in motion, and contended they were manifestly wrong and had misled the MPs who signed the impeachment motion. He then applied himself with zeal to tackling the second Select Committee. The defence contained a variety of elements including a penetrating analysis of the Prize Speech, and an exposition of freedom of expression. For present purposes what is relevant, however, is Nadesan's compelling argument on the unconstitutionality of the Select Committee procedure itself. It was a clear contravention of the independence of the judiciary. In investigating, through a Select Committee, whether there was misbehaviour, Parliament was in fact exercising judicial power in direct contravention of the Constitution. The Standing Order pre

15 FEBRUARY 1997
scribing the Select Committee procedure for this purpose was ultra vires and unconstitutional.
These proceedings relate to one of the most important events in the history of our judiciary. Nadesan's analysis of the constitutional provisions relating to the independence of the judiciary, and his examination of the basic principles involved, are masterly. The Sessional Paper in which they are recorded is fascinating reading.8
At the end, the Select Committee once again divided on party lines. The majority found that the Chief Justice's speech, while not amounting to "proved misbehaviour", constituted "a serious breach of convention and has thereby imperilled the independence of the judiciary and undermines the confidence of the public in the judiciary." The minority said "We have given careful thought to the speech and its contents as also the circumstances under which it was made. We cannot find anything in the speech and in its contents even remotely possible of being interpreted as proved misbehaviour."
The minority report of this Select Committee also considered both the constitutionality and the desirability of the procedure adopted by Parliament. It said:
"An important preliminary objection was raised by Mr. S. Nadesan, Q.C. Senior Counsel for Mr. Samarakoon. Briefly the point made by Mr. Nadesan, was that to bring Standing Order 78A into the list of Standing Orders and in seeking through this Select Committee to act under provisions of Standing Order 78A the Constitution of Sri Lanka was in fact being violated.
The point made by Mr. Nadesan, was that in the context of a Constitution such as that of our country, in which the separation of powers was jealously protected, this Committee in seeking to go on with this inquiry as to whether or not Mr. Samarakoon was guilty of "proved misbehaviour", was violating the provisions of Article 4(c) of the Constitution which stipulates that except in matters concerning parliamentary privileges the judicial power of the people shall be exercised exclusively through the courts.
The signatories to this statement, while conceding that Mr. Nadesan's arguments have considerable cogency - are not in a position to come to a definite conclusion on this matter, We would urge that H.E. the President could refer this matter to the S.C. for an authoritative opinion thereon - under Article 129(1) of the Constitution.
The signatories to this statement however feel strongly that the procedure that Parliament finally adopts should be drafted along the lines of the Indian provisions where the process of inquiry which precedes the resolution for the removal of a Supreme Court Judge should be conducted by Judges chosen by the Speaker from a panel appointed for this purpose. We therefore urge the House to amend Standing Order 78A accordingly"9
No advisory opinion was ever sought, nor was the Standing Order amended. Proper constitutional provision for investigation by a judicial tribunal is one of the matters now urged by the Civil Rights Movement in its representations on constitutional reform.O
Notes 1.S.Nadesan, Some Comments on the Constituent Assembly and the Draft Basic Resolutions (Colombo; Nadaraja Ltd., 1971. 2.Titled "A Story" this is now reproduced in issue No.4 of the Civil Rights Movement's The Value of Dissent, 3.Submissions by Counsel for Mr Reggie Siriwardene on whether the provisions of Section 65 of the Constitution are imperative or merely directory. 7 pp, typescript. 4. Second report from the Committee on Privileges on The Question of Privilege Arising out of a Series of Articles published in the "SUN" by Mr S. Nadesan, QC, Parliamentary Series No 11. Attorney General v. Nadesan SC 1/1980. 1978-79-801 SLR 339. 5. Hewamanne v. de Silva 1983 1 SLR 1. 6. Writer's recollection of oral address. 7. Visuvalingam v. Liyanage 1983 1 SILLR 203. 8. Report from the Select Committee appointed to investigate and report to Parliament on the allegations referred to in the resolution placed on the Order Paper of 5th September, 1984, for the presentation of an address to His Excellency the President requesting the removal of Hon. N.D.M. Samarakoon OC, from the Office of the Chief Justice of the Supreme Court. Parliamentary Series No. 71. 9. Parliamentary series No. 71 page 185.

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15 FEBRUARY 1997
|1999 SOU ARENGON
by Dr. S. Narapalasingam
here are some aspects of the 1996 Constitution of the Republic of South Africa, especially the approach followed in drafting and adopting it which are instructive for uniting a bitterly divided people within one nation. The presentation here should not be taken as an alternative to the legal draft of the devolution proposals presented by the Sri Lankan Government to the Parliamentary Select Committee on Constitutional Reforms. Despite the sincere and firm efforts to solve the ethnic problem politically by President Chandrika Kumaratunga and her Government, the way the discussions on the proposals have proceeded so far does not give much hope that the present approach will succeed.
The reference to the chosen aspects of the Constitution of South Africa in this article is solely for the purpose of exploring away to reach a broad consensus on the present devolution proposals, particularly on the contentious issue of keeping Sri Lanka as one undivided nation, while at the same time devolving powers to the regions that satisfy the aspirations of the minority ethnic groups. It is unfortunate that devolution has not been understood as a means to make the democratic system more meaningful by giving greater powers to the people in the regions to manage their affairs according to their needs andpriorities. Thefactthat the people of diverse ethnic groups reside in varying degrees of concentration in the different administrative districts of Sri Lanka should not be considered as the sole reason for devolution. If the different ethnic groups polarised as a result of historical factors and the divisive policies pursued by past governments can be induced to end the state of belligerence and cooperate in nation building and development through devolution, then this should be an additional achievement of major significance,
Unlike in South Africa, racial discrimination in Sri Lanka that resulted from the notion that one supreme/powerful race has the privilege to enforce its rule over others does not have along history. Nevertheless, the consequences of this doctrine for reasons which are not dissimilar have been catastrophic in Sri Lanka. It is my considered view that the recent developments in South Africa provide a peaceful way to bring about reconciliation and unity between the Sinhalese and Tamil communities in Sri Lanka. Moreo
ver, Sri Lanka's in cratic nation where dom are truly resp stored by adopting
Constitution-mak
Following the r heid, South Africa f terim constitution. 1 Constitution of the rica Act 200 of 199 January 1994 and c April 1994. It presc try's final constitutic
- ing. Two essentials
tion-making proce relevant here are: (i) Constitutional te the set of Constituti in Schedule 4 of the and (ii) This text can com the Constitutional C (whose functions ar Certified that it inde withstanding its pric thirds majority of th sembly.
in fact, the Cons held certification of the Assembly in May provisions did not c scribed Principles. In ment, the Court an meaning of the Princ it had gone about pe Set out the reasons
The Constitutio passed by more that ity an amended text addressing the grou tion set out in the C ment. The Court st Submissions and c vanced in opposition amended text as we on behalf of the Ass its judgement delive 1996 certifying the also provided specif ing the main objecti ring to the relevant ( ples. -
Constitutional Prin Schedule 4 of th contains 34 principle ous provisions in th must conform. The is not limited to the d
 

grity as one demouman rights and freeCted can also be re
similar approach.
ng process
nunciation of aparthctioned under an inhis referred to as the epublic of South Af3 was passed on 25 ame into effect on 27 ibed how the Counn is to come into beteps of the constitu
is indicated therein
ct must comply with onal Principles listed Interim Constitution;
e intoforce only once ourt of South Africa e solely judicial) has ad so complies, notr adoption by a twoe Constitutional AS
titutional Court withthe text adopted by 1996 as some of its omply with the predelivering the judgealysed the role and ples, described how forming the task and or the conclusions. hal Assembly then the requisite majorbn 11 October 1996 ds for non-certificaurt's earlier judgedied all the Written al arguments ado certification of the as those presented mbly. The Court in ed on 4 December mended text, has reasons for rejectis raised by refernstitutional Princi
ples
nterim constitution
With Which the vari1996 constitution efulness of these 'ting of the various
TAML TIMES 19
provisions but extends beyond in that any misapplication of the latter can be challenged at the relevant time by referring to them. Excerpts of the relevant principles are provided in Annexure .
Memorandum of Agreement for Reconciliation and Peace
The three major parties viz. Inkatha Freedom Party, National Party (the then ruling party) and African National Congress following intensive discussions reached agreement on 19 April 1994 for reconciliation and peace. The memorandum of agreement was signed by the respective leaders, Mangosutho G Buthelezi (Chief Minister of the KwaZulu Government), F. W. De Klerk (then State President of South Africa) and President N. Mandela. It was witnessed by Prof. W. A. J. Okumu of Kenya, who played a key role in reaching the agreement.
Among others, the agreed commitments of the signatories include: O Rejection of violence and to do everything in their power to ensure free and fair elections throughout the Republic of South Africa. O Recognise and protect the institution, status and role of the constitutional position of the King of the Zulus and the King dom of KwaZulu, which institutions sha be provided for in the Provincial Cons tution of KwaZulu/Natal immediately at ter the holding of the said elections. O Any outstanding issues in respect of the King of the Zulus and the Constitution as amended will be addressed by way of international mediation which will Commence as soon as possible after the said elections.
Government of National Unity
The first post-apartheid government was constituted after the elections as a Government of National Unity. Section 84 of the new constitution provides for the appointment of two Executive Deputy Presidents. The appointments are made on the basis that each party holding at least 80 seats in the National Assembly is entitled to designate an Executive Deputy President from among the members of the Assembly, if no party or only one party holds 80 or more seats in the Assembly, the party holding the largest number of seats and the party holding the second largest number of seats
are each entitled to designate one Execu
tive Deputy President from among the members of the Assembly. Like the President, the two Deputies are also members of the Cabinet.
The President must consult the Executive Deputy Presidents - (a) in the development and execution of the policies of the national government; (b) in all matters relating to the management of the Cabinet and the performance

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20 TAM TIMES
of Cabinet business; (c) in the assignment of functions to the Executive Deputy Presidents; (d) before making any appointment under the Constitution or any legislation, including the appointment of ambassadors or other diplomatic representatives; (e) before appointing commissions of enαυiry,
(f) before calling a referendum; (g) before signing any international agreements; and (h) before pardoning or reprieving offender S.
Truth and Reconciliation Commission
With the view to promote national unity and reconciliation in a spirit of understanding which transcends the conflicts and divisions of the past, Truth and Reconciliation Commission was established under the Promotion of National Unity and Reconciliation Act. The stipulated qualification of the commissioners is that they are impartial and do not have a high political profile, The chairman of the seventeen-member Commission is fittingly, the Noble Peace laureate Revd. Desmond Tutu. Under the same Act, three
Committees on (1) tions, (2) Amnesty and Rehabilitation pointed. These hav but are empowerec those who confess past mistakes. Rev. candidly that peace out forgiveness an Government has ta far more importa through reconciliat revenge those who deeds.
Parliament
Parliament con tional Assembly (of no more than 400 W (b) the National C (composed of a si each province Cons - there are nine pr total of 90 member the legislative proc Constitution. While bly is elected to rep to ensure governm National Council of the provinces to e
OThe Constitution of South Africa shall provide for the establishment of one sovereign state, a common South African citizenship and a democratic system of government committed to achieving equality between men and women and people of all races. O Everyone shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, which shall be provided for and protected by entrenched and justiciable provisions in the Constitution. OThe Constitution shall prohibit racial, gender and all otherforms of discrimination and shall promote racial and gender equality and national unity, O There shall be a separation of powers between the legislature, executive and judiciary, with appropriate checks and balances to ensure accountability, responsiveness and openness. O The judiciary shall be appropriately qualified, independent and impartial and shall have the power and jurisdiction to safeguard and enforce the Constitution and all fundamental rights. O The diversity of language and culture shall be acknowledged and protected, and conditions for their promotion shall be encouraged. O Collective rights of self-determination informing, joining and maintaining organs of civil society, including linguistic, cultural and religious associations,
ANNE
EXCERPTS FROM SCHEDULE 4
shall, on the basis and free associatio protected. O Government sha tional, provincial ar OThe powers, boul of the national gove governments shal stitution. O Each level of gc appropriate and ad executive powers a enable each level te OThe national gov ercise its powers ( rent) so as to enc graphical, functiona rity of the province OThe national gov cial governments S ers and functions W the Constitution. O Each level of gov constitutional right of revenue collecte ensure that provin ments are able top and execute the fi them. O A Financial and F which each province shall recommende nancial allocations local governments lected nationally, af.

15 FEBRUARY 1997
Human Rights Violaand (3) Reparation have also been ape no power to punish i to grant amnesty to ; and repent for their DesmondTutu stated is not possible withd reconciliation. The uken the view that it is nt to ensure peace ion than to punish in confess their past mis
sists of - (a) the Nano fewer than 350 and women and men); and Xouncil of Provinces ngle delegation from isting of ten delegates ovinces and hence a s). Both participate in ess as set out in the the National Assemresent the people and ent by the people, the Provinces represents nsure that provincial
interests are taken into account in the national sphere of government. The allocation of delegates to the Council by the parties represented in a provincial legislature will be in accordance with the formula specified in the relevant schedule.
They are also required to establish joint committees composed of representatives from both the Assembly and the Council to consider and report on Bills envisaged in specified sections of the Constitution and to review the Constitution (the constitutional review committee) at least annually. In addition these include, the joint rules committee and the Mediation committee. Since the powerto participate in amending the Constitution (in accordance with the relevant section of the Constitution) is conferred to the Council, existing constitutional arrangements in so far as the provinces are concerned can be amended to meet the emerging needs of the provinces or rectify some inadequacy identified by the constitutional review committee. In this regard any amendment must be passed by (a) twothirds majority in the National Assembly; and (b) National Council of Provinces supported by a vote of at least six out of the nine provinces.
XURE,
OF THE INTERM CONSTITUTION
of non-discrimination n, be recognised and
|l be structured at nald local levels.
hdaries and functions rnment and provincial pe defined in the Con
vernment shall have equate legislative and und functions that Will o function effectively.
ernment shall not exexclusive or concurroach upon the geoıl or institutional integ
S. ternment and provinhall have fiscal powhich will be defined in
'ernment shall have a to an equitable share ld nationally so as to ces and local governrovide basic services unctions allocated to
iscal Commission, in shall be represented, quitable fiscal and fito the provincial and from the revenue coler taking into account
the national interest, economic disparities between the provinces as well as the population and developmental needs, administrative responsibilities and other legitimate interests of each of the provinces. OThe independence and impartiality of Public Service Commission, Reserve Bank, Auditor-General and Public Protector shall be provided for and safeguarded by the Constitution. O Each member of the security forces (police, military and intelligence), and the security forces as a whole, shall be required to perform their functions and exercise their powers in the national interest and shall be prohibited from furthering or prejudicing party political inte reSt. O This Schedule and the recognition therein of the right of the South African people as a whole to self-determination, shall not be construed as precluding, within the framework of the said right, constitutional provision for a notion of the right to self-determination by any community sharing a common cultural and language heritage, whether in a territorial entity within the Republic or in any other way. The Constitution may give expression to any particular form of selfdetermination provided there is substantial proven support within the community concerned for such a form of selfdetermination,

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Mediation Committee
The Mediation Committee consists of nine members of the National Assembly elected by the Assembly in a manner that results in the representation of parties in substantially the same proportion that the parties are represented in the Assembly; and one delegate from each provincial delegation (total of nine) in the National Council of Provinces, designated by the delegation. The Mediation Committee has agreed on a version of a Bill, or decided a question, when that version, or one side of a question, is supported by -(a) at least five of the representatives of the National
Assembly; and (b resentatives of til Provinces.
Provincial Legis
A provincial le to pass a constit to amend any cor terms of specifie try's Constitution and for its provin matter within the as well as any ma is expressly assig
Equality: Everyone is equal before the law and has the right to equal protection and benefit of the law. Equality includes the full and equal employment of all rights and freedoms. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
Human dignity: Everyone has in
dignity respected and protected. Everyone has the right to life.
Freedom and security of the person: Everyone has the right to freedom and security of the person, which includes the right to - (a) not to be deprived of freedom arbitrarily or without just cause; (b) not to be detained with
violence from both public and private sources; (d) not to be tortured in any way; and (e) not to be treated or punished in a cruel, inhuman or degrading way.
Privacy: Everyone has the right to privacy, which includes the right not to have (a) their person or home searched; (b) their property searched; (c) their possessions seized; or (d) the privacy of their communications infringed.
Freedom of expression: Everyone has the right to freedom of expression, which includes - (a) freedom of the press and other media; (b) freedom to receive and impart information and ideas; (c) freedom of artistic creativity; and (d) academic freedom and freedom of scientific research. These rights do not extend to - (a) propaganda for war; (b) incitement of imminent violence; or (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
Citizenship and freedom of movement and residence: No citizen may
herent dignity and the right to have their
out trial; (c) to be free from all forms of
ANNE
EXCERPTS FROM
be deprived of citi. the right to freedc ryone has the righ Every citizen has remain in, and to r
Republic.
Cultural, reli communities: Pe Cultural, religious c may not be denie members of the co their culture, prac use their language
maintain cultural, I
associations and society but no one may do so in a mai any provision of th Just administ one has the right to that is lawful, reaSO fair. Everyone whos versely affected by has the right to be Every person has all information helc its organs in any s in so far as that ir for the exercise O. their rights.
Limitation of in the Bill of Rights terms of law of ger extent that the limite justifiable in an op ciety based on hum freedom. (2) Exce section (1) or in a the Constitution, no entrenched in the
States of emel of a state of emerg tion enacted or oth sequence of that d fective for no more date of declaratior Assembly resolves ration, The National a declaration of as no more than three

TAM TIMES 21
at least five of the repNational Council of
tures
islature has the power ion for its province or titution passed by it in sections of the Counto pass legislation in :e with regard to any isted functional areas er outside them which ned to the province by
national legislation. A provincial legislature is bound only by the national Con
stitution and by its own provincial consti
tution. A provincial legislature consists of between 30 and 80 elected members,The number of members must be determined in terms of a common formula prescribed by national legislation. There is no office as Governor of a province. Ajudge designated by the President of the Constitutional Court must preside Over the election of the Premier. The same applies to the election of a Speaker. The Speaker then presides over the election of a Deputy Speaker.
XURE II
THE BILL OF RIGHTS
enship. Everyone has m of movement. Eveto leave the Republic. the right to enter, to eside anywhere in the
gious and linguistic rsons belonging to a Irlinguistic community d the right, with other mmunity, to - (a) enjoy tise their religion and ; and (b) form, join and eligious andlinguistic other organs of civil exercising these rights nner inconsistent with e Bill of Rights. rative action: Every) administrative action nable and procedurally e rights have been adadministrative action given written reasons. the right of access to by the state or any of phere of government formation is required protection of any of
ights: (1) The rights may be limited only in eral application to the tion is reasonable and n and democratic soin dignity, equality and t as provided in Subby other provision of aw may limit any right ill of Rights. gency: A declaration 'ncy, and any legislaraction taken in conclaration, may be efhan 21 days from the unless the National to extend the declaAssembly may extend ate of emergency for nonths at a time. The
first extension must be by a resolution must be by a resolution supported by a majority of the members of the National Assembly. Any subsequent extension must be by a resolution supported by at least 60 per cent of the members of the National Assembly. Any legislation enacted in consequence of a declared state of emergency may derogate from the Bill of Rights only to the extent that - (a) the derogation is strictly required by the emergency; and (b) the legislation - (i) is consistent with the Republic's obligation under international law applicable to state of emergency; (ii) conforms to subsection (5). This contains, inter alia, a table of NonDerogable Rights). Any competent court may decide on the validity of - (a) a declaration of a state of emergency; (b) any extension of a declaration of a state of emergency; or (c) any legislation enacted, or other action taken, in consequence of a state of emergency. The conditions that must be observed, whenever anyone is detained without trial in consequence of a derogation of rights are indicated in a separate subSection.
Interpretation of Bill of Rights: When interpreting the Bill of Rights, a court, a tribunal or forum - (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must considerinternational law; and (c) must consider foreign law. When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport, and objects of the Bill of Rights. The Bill of Rights does not deny the existence of any other rights or freedoms that are recognized or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.

Page 22
22 TAMIL TIMES
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།།༽ TAMIL PAGES 97 GET A FREE LISTING
IN THE NEXT ISSUE OF THE TAMIL PAGES 97
Yes! All Tamil organisations could get a free listing in The Tamil Pages. If you have missed our offer last year, fear not! Ensure that your organisation is listed in the next edition of the Tamil Directory Tamil Pages 97
The Tamil Directory is the authoritative reference on Tamil organisations based in Britain. Not only that, it provides contacts such as artistes and tutors. The Tamil Pages is the household name, in the Tamil community in Britain.
individuals, such as tutors and artistes Who provide service to the Tamil community can have their details included, as well. Remember: it is a commercial and social directory.
To get a free listing in the Tamil Pages 97 please send us your organisation's name, address, telephone and fax numbers and the type of service(s) provided. Please include a contact name and address for reference.
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Page 23
5FEBRUARY 1997
The executive authority of a province is vested in the Premier of that province. The Premier of a province is responsible for - (a) assenting to and signing Bills; (b) referring a Bill to the provincial legislature for reconsideration of the Bill's constitutionality; (c) a referral of a Bill to the Constitutional Court; (d) summoning the legislature to an extraordinary sitting to conduct special business; (e) appointing commissions of inquiry; (f) calling a referendum in the province in accordance with national legislation. The Executive Council (Cabinet) of a province consists of the Premier, as the head of the Council, and no fewer than five and no more than ten members appointed by the Premier from among the members of the provincial legislature.
The rules and orders of a provincial legislature must provide for - (a) the establishment, composition, powers, functions, procedures and duration of its committees; (b) the participation in the proceedings of the legislature of all minority parties represented in the legislature in a manner consistent with democracy; (c) financial and administrative assistance to each political party represented in the legislature, in proportion to its representation, to enable each party and its leader to perform its function in the legislature; and (d) the recognition of the leader of the largest minority party in the legislature, as the Leader of the Opposition.
Constitutional Court
The constitutional court consists of a President, a Deputy President and nine other judges. It is the highest court in all constitutional matters. Only it may decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; decide on the constitutionality of any parliamentary or provincial Bill: decide that Parliament or the President has failed to Comply with a constitutional duty; certify a provincial constitution. The Constitutional Court must confirm any order of invalidity made by the Supreme Court of Appeal, a High Court, or a court of similar status, before that order has any force. Members of a provincial legislature may apply to the Constitutional Court for an order declaring that all or part of an Act passed by the legislature is unconstitutional. Any person can bring a matter directly to the Constitutional Court; or appeal directly to the Constitutional Court from any other court.
Languages
The official languages of the Republic are Spedeli, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa, and isiZulu.
National and prov use particular of purposes of gove count usage, pri gional circumstar the needs and pi lation as a whole inces; provided t vincial governme ficial language. Al enjoy parity of
treated equitably. Language Board Create conditions all official langua ensure respect fo German, Greek,
guese, Tamil, Tel commonly used b Africa, and Arabic others used for re
Bill of Rights
The Bill of Rig of all people in (Sc the democratic va equality and freed spect, protect, pror ts in the Bill of Rig all law and binds ecutive, the judici state. The Rights i Equality: (2) Huma Freedom and sec Privacy; (6) Freec and opinion; (7) Fr (8) Assembly, dem petition; (9) Freedc Political rights; (11) dom of movemen Freedom of trade, sion; (14) Labour r ment; (16) Proper Health care, food, curity; (19) Childre Language and cult gious and linguis Access to informa istrative action; (25 (26). Arrested, deta sons. This chapter tation of rights, Sta Derogable Rights cannot be derog emergency, Enforc terpretation of the
from this chaptero
provided in Annex
Co-operative Gov
Government i tional, provincial ar ernment, which a pendent and inter governmentandal each sphere mus peace, national un of the Republic; (b) of all the people;

hcial governments may cial languages for the nment, taking into accticality, expense, re:es, and the balance of ferences of the popuor in respective provat no national or protmay use only one of official languages must steem and must be The Pan South African must - (a) promote and or the development of ges; (b) promote and languages, including Gujarati, Hindi, Portugu, Urdu, and others communities in South
Hebrew, Sanskrit, and
igious purposes.
its enshrines the rights uth Africa) and affirms lues of human dignity, om, The state must renote, and fulfill the righhts. The Bill applies to he legislature, the exary, and all organs of ncluded relate to - (1) an dignity: (3) Life; (4) urity of the person; (5) lom of religion, belief eedom of expression; onstration, picket and om of association; (10) Citizenship; (12) Freet and residence; (13) occupation and profeselations; (15) Environty; (17) Housing; (18) Water, and social sen; (20) Education; (21) ure; (22) Cultural, reliic communities; (23) tion; (24) Just adminAccess to Courts; and ned and accused peralso deals with - Limies of emergency, Nonand the extent these sted under states of ment of rights and InBill of Rights. Excerpts the Bill of Rights are rel.
ornment
constituted as nalocal spheres of govdistinctive, interdelated. All spheres of organs of state within
- (a) preserve the y and the indivisibility secure the well-being (c) not assume any
TAMIL TIMES 23
power or function except those conferred on them in terms of the Constitution; (d) exercise their powers and functions in a manner that does not encroach on the geographical, functional or institutional integrity of government in another sphere; (e) co-operate with each other in mutual trust and good faith.
independent State Institutions
The 1996 Constitution provides for the establishment of (a) The Public Protector; (b) The Human Rights Commission; (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; (d) The Commission foe Gender Equality; (e) The Auditor-General; (f) The Electoral Commission. These institutions are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice. Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions. No person or organ of state may
interfere with the functioning of these in
stitutions. These institutions are accountable to the National Assembly. The other constitutional institutions include- () Financial and Fiscal Commission; (ii) South African Reserve Bank; (iii) Judicial Service Commission; (iv) Courts; (v) Pan South African Language Board.
Public Service Commission
The single Public Service Commission for the Republic is independent and must be impartial and regulated by national legislation. Each of the provinces may nominate a person to be appointed to the Commission. Members of the Commission nominated by provinces may exercise the powers and perform the functions of the Commission in their provinces, as prescribed by national legislation. The Commission is accountable to the National Assembly.
Self-determination
The right of the South African people as a whole to self-determination does not preclude within the framework of this right recognition of the notion of the right ol self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic or in any other way, determined by national legislation. The importance of this constitutional provision should not be undervalued as it has also been crucial (including the Constitutional Principles and the Bill of Rights) to the acceptance of the 1996 Constitution of South Africa by all races and provinces. O

Page 24
24 TAMILTIMES
Wat e Recen Elle O Mean for Pakist
By G.Ramesh
akistan's elite have a lot of worry Pಷ್ರ The recent polls, with 40 per
cent of the electorate participating, would appear to lack popular legitimacy. Despite the spectacular success of Nawaz Sharif this time, its traditional leadership has bottled itself up. Unable to initiate large scale political or social reform, the country's leadership is clearly on the decline.
in Pakistan, every poll has been a
snap affair and the fifth elections in nine years failed to enthuse the people beyond a point. The people seem to be thoroughly disenchanted with the politicians and might startlooking up to the army. If this is the case with those who didn't vote, there is something to be learnt from the overwhelming choice of those who voted. The spectacular success of Nawaz Sharif will have to be understood in the light of his close proximity with the army generals.
On the face of it, Sharif couldn't have asked for more. He is back as Wazir-e- Alam, meaning the prime minister, after three years. Benazir's Pakistan People's Party has been trounced everywhere. She is one of her 15-odd party candidates who have managed to romp home. With more than 135 seats in the 217-member national assembly, Sharif's Pakistan Muslim League(PML) will form a government of its own. In the provincial polls, the PML has swept his home state of Punjab. His party will also will form coalition governments in Baluchistan and North-West Fronteier Province along with regional parties.
More crucially, Sharif will be in aposition to manipulate the government-formation in Sind, the home province of Benazir where her Pakistan People's Party (PPP) was badly mauled. Sharif had struck a tactical alliance with the PPP faction led by Ghinva Bhutto, the Lebanese widow of Benazir's brother Murtaza, who was slain in a gun battle with the police under suspicious circumstances. Ghinva herself lost to Benazir's mother Nusrat, but her party candidates cut into Benazir's vote banks in several places.
The Mohajir Quam i Movement
(MQM), the party of migrant Muslims from India, would have liked a hung national assembly. The MQM had built up its base steadily through these turbulent years. Its leader Altaf Hussein, exiled in London, was hoping to expandon his terms of bargain. The MQM has managed to win 22
seats, mainly in S to dictate terms to ficult to say wheth erful Punjabi base,
The biggest cricketer-turnedwho lost in all the had contested. Th built him up but the (Justice) Party col seat, though he tr Sharif and Benazi who had to be d
Imran Khan can p
tion from the fact have much of a against corruption was bogged down controversies like affair.
Benazir has a in the polls, some roborated by the r Team led by forme ister Malcolm Fras Benazir has als tween President Leghari and Shar office. On the oth one-time ally, willf dismiss her gover cated. During the the country's Supri his dismissal decis Benazir hit back hi Court consisted of which had reinstat missals of fellow Si Khan Junejo had b. Court in the past, S in the mean' elled by Leghari-t bunch of corrupt r was trying to threat mission - have re. also certain that pursue the cases a husband Asif Ali Z for corruption and pect in the Murtaz. Just before the tightened the scre ties. A new set of disqualification ha to deal with corrup' law, Benazir, if four can be immediatel islator.
Legharialso se isfied with Sharif. (
 

15 FEBRUARY 1997
ind, but wil not be able Sharif, tis now a difer Sharif, with his powwill listen to the MQM. loser, of Course, Was bolitician Imran Khan nine seats where he e western media had angry Pathan's Insaaf uldn't pull off even one ied hard to paint both ras cynical politicians ismissed from office. berhaps take consolathat his party did not team. His campaign was unrelenting, but he by too many personal the nasty Sita White
leged massive rigging thing which is not corternational Observers r Australian prime min
e. so spoken of a pact beFarooq Mohammed if to get the latter into er hand, Leghari, her eel that his decision to hment has been vindirun-up to the election, eme court had upheld ion, stunning Benazir, nting that the Supreme a Punjabi judge clan ed Sharif in 1993. Disindhis like Mohammed een upheld by the apex the pointed out. time, the charges levhat she was leading a ninisters and that she en the judges into subally stuck on her. It is Sharif will vigorously gainst Benazir and her ardari who was jailed | remains a key susa murder affair, elections, Leghari has ws on all political partough laws including s been set into motion tpoliticians. Under the hd guilty of corruption, y disqualified as a leg
ems not that much satOne of Leghari's sons
is actually fighting court battles againsta PML candidate who's alleged to be corrupt. V
The most significant of Leghari's moves is to set up the Council for Defence and National Security (CDNS) during the tenure of the interim government of Meeraj Khalid to give a decisive say to the army in the running of the civil administration. This step is only a formalisation of an old arrangement since Pakistan has gone through several phases of martial law in the last three decades. The army has a tough patriarchal culture shared by the feudalistic elite of Pakistan. Sharif can still hope to build on his massive mandate, but he has an extremely tough task ahead. He is definitely closer to the army than any other leader. Hence, he will not like to Cross Swords with the CDNS. PML's moorings are in the patriarchal and feudalistic society of Punjab. This will definitely prevent him from reaching out to the middle and poor classes, even if he wants to. This is the same case with Imran Khan also, On the contrary, Benazir's PPP was always in a better position than the PML to mobilise the poorer classes, but her party never really fulfilled its historic objectives of removing poverty and ensuring literacy and health for the masses.
Pakistan's problems thus remain multifold. To create a favourable climate for investment, the country needs a stable and democratic polity. This still remains a distant dream, with the shadow of the army looming large behind every action of the executive, be it the president or the prime minister, ९ ४.• "
The country also needs to honour its commitment of paying back its current debts to international finance organisations. To satisfy the basic needs of its people like health and education, Pakistan needs to decisively cut down its defence expenditure. This can be done by establishing a dialogue with India on the Kashmir issue. This route might require some sort of compromise on the United Nations' resolutions on Kashmir,
It is well known that a number of Western countries including the United States are pushing for a solution of this kind. Outgoing US assistant secretary of state Robin Raphael met all the Pakistani leaders in this connection just before the elections. Sharif has spoken of bettering ties with India by resolving the Kashmir issue once and for all. Even if he succeeds, the army generals may not allow this path to be pursued for long, for they fear any cutback on defence spending.
The other option for Pakistan is to enSure a speedy resolution of the Afghan Crisis in its favour. It is here that the interests of Pakistan and the US come together. It will be Pakistan which will openly back Taliban and the US can make un
(Continued on next page)

Page 25
15 FEBRUARY 1997
t is a foregone conclusion that Punjab will elect the genial Akali leader Parkash Singh Badal as its next chief minister. When the Congress(I) had formed the government in 1992 with the Akali parties having boycotted the polls in the troubled Indian border state, the polling percentage then was less than 30. The 1997 scene is vastly different and the turnout will be very heavy almost 65 per cent. Badal's Akali Dal, which is contesting 94 seats in alliance with the Bharatiya Janata Party is all set to form a government on its own in the 117-strong state assembly
With Sikh militancy ebbing aftera turbulent decade, Punjab is witnessing a new phase. The Sikhs, as Professor JP S Uberoi states in his recent book Religon, Civil Society and State, have always felt that they are very much a part of the subcontinent's cultural matrix of Social change, reform and reconciliation. The majority of Sikhs have clearly recognised this and will use this opportunity to reassert their key position within the İndian political mainstream.
Badal is a veteran of 50 years of politics and is widely respected by all sections of Punjabi society. His stand of keeping the Sikh masses away from communalist outpourings in the face of even the worst provocations is bound to succeed. BJP leader Atal Bihari Vajpayee has had a special place in the heart of the Sikhs after his bold intervention on their behalf during the 1984 riots in the aftermath of the Indira Gandhi assa SSination.
The Akalis and the BJP nevertheless, are at loggerheads over a number of issues. The 1973 Anandpur Sahib resolution, which demands full scale autonomy for Punjab, is usually castigated by the Indian Statists as a document for Khalistanisecessionism. What they have failed to see is that the document provides the most resilient basis on which a new fed
by G.
eral India Should b. and the BJP ever, ment, by which all dangerous.
Pitted agains bine is the Congre Corne into an allia Samaj Party (BSP ta' Dallit leader Kar is a hard bargain ress(!) that he wou than 69 seats, The is bogged down in i who led the party been assassinate sedate
Harcharan Sing Chief minister thre party wanted a new the elections. The Rajinder Kaur Bha impact on the poli campaign targettin sionists is not boun the electorate,
The BSPultim the Akali Dal faction
(continued from page 24)
easy gestures of justly condemning the Islamicist outfit's extreme deeds in Kabul. Both the US and Pakistan will be happy if the Taliban clears the route for oil to flow from Central Asian States to the Arabian Sea. This will ensure that Pakistan will have a chance for economic development. (This was possibly Gen Zia-ul-Haq's dream canvas for a future Pakistan). However, there seems no immediate end for the protracted Afghan
a.
Pakistan has a third, difficult option. it can mend fences with India and establish closer cultural and economic ties with India and other countries of the subcontinent. The time is ripe for such a coming together, as evidenced by the recent tumultuous welcome accorded by Calcutta o more than 200 members of the Pakistani intelligentsia. Interestingly, the Padistani nationals had been given visas to
Cross the Attari-W and travel to sever Were unanimous ir restoration of ties b kistan, This will hav Pakistan cannot g when India is fastn most Countries in t China. The Kashmi to be resolved but S break new ground tion for Shariff is to tangle to be resolve tral Asian states car Pakistani ports. H said than done. It w Pakistan and easie starting full scale tr dia leading to impro However, it is a mc he will choose this may not be allowed once again.
 

built. The Congress(I) now, View the docuAkali groups Swear, as
the Badal-BJP cornss(I), which could not nce with the Bahujan ) led by temperamenShị Ram, Kanshi Ram r and told the Congild not settle for less Congress(I), as usual, nfighting. Beant Singh, to victory in 1992, had d. His successor, the
gh Brar, had to quit as 9 months ago, as the image for itself to face ! new Chief minister, tal, is yet to make an ical scene. Her shrill the Akalisas secesd’ fo cuť much ice With
itely struck a deal with led by Simranjit Singh
agah border by road cities in India. They calling for full scale etween India and Pae to be done Soon as et isolated at a time rmalising its ties with he subcontinent and tussle is a major one hariff seems keen to n this. The other opwait for the Afghan | So that oil from Censtart flowing through Wever, this is easier ould be profitable for for Shariff to think of de relations with ined political relations. pt question whether ption; if he does, he much time in office O
TAMIL MES 25
Mann, who was once the police officer known to have been friendly to the controversial Sant Jarnail Singh Bhindranwale. Mann was dismissed after the army stormed the Golden Temple. He spent five years in jail and the next two years as an MP He is favoured by the militant sections of the Sikhs, but he is unable to carry with him othersections of the Punjabi society. His alliance with the BSP is bound to yield some success, but he is not favoured to win the Raipur seat where he is pitted against Badal.
Badal, one of the richest farmers of Punjab, has seen it all. For his resistance, he was jailed during the 1975-77 emer. gency immediately thereafter, he became the union agriculture minister. He went on to become chief minister of Punjab. His government was vindictively dismissed by Mrs Gandhi when she became prime minİster. He remained sidelined mainly due to the Congress()'s machinations and the rise of Khalistani militancy in the 80s. The militancy took a heavy toll in terms of lives of leaders and youths of the Sikh society The situation became So bad that even moderate leaders like him and Suit Singh Barnala were jailed under the National Security Act by the Congress(I) regime. Now, Badal has the chance to return to роиver.
Any leader who is sworn-in as prime minister in India has to go to the Golden Temple at Amritsar to pray. (Of course, those in the Congress(I) may not do it). However, none of them, including VP Singh, Chandra Shekhar, Vajpayee and now Deve Gowda, have any will to seek repentance for the whatever happened during the army's decision to storm the Golden Temple. Even as they seek to open a new chapter, they wish to close the old chapters. This is simply not in keeping with the hoary mystical tradition inaugurated by Guru Nanak which puts its emphasis on surrender to the Waheguru (meaning the spiritual, all-encompassing Self)!
Meanwhile, there are stark reminders of the dark days which Punjab had to go through. Senior Punjab government officials last month received Sunnnnons in connection. With the mass Crernation of hundreds of bodies of unidentified youths during the peak of militancy in the state. The National Human Rights Commission issued the summons following a Supreme Court order on a petition filed by the Committee for Information linitiative on Punjab alleging disappearances and encounters faked by the dreaded Punjab police led by K PS Gill. A central probe done on Court Orders had confirmed that "585 bodies had been identified, 274 partially and 1,258 unidentified". The most shocking thing has been that JS Kaira, the secretary of the human rights wing of the Akali Dal, who first brought to notice the mass cremation of unidentified bodies by the Punjab police, has himself been missing for several years now. O

Page 26
26 TAMIL TIMES
lmost exactly a decade ago political parties across the spectrum vied with each otherin & flying into Madurai and expressing their solidarity with the suffering Lankan Tamils.
And perhaps it was not too much of a coincidence that a couple of moths later the Indo-Sri Lanka Pact followed. In some ways the Tamil Eelam Supporters' Organisation (TESO) conference organised by the DMK then had indeed served to put pressure on the then Rajiv government.
Could the Pattali Makkal Katchi (PMK)'s own rally in Chennaion 1 February hope to have a similar effect?
It was a massive show by any standards. At least a hundred thousand men andwomen were mobilised. Evening traffic was thrown out of gear for nearly seven hours.
Many strident speeches were made like this one by Mr George Fernandez MP - "How could the tragedy in one family paralyse allourinitiatives? Howsoeverimportant that family might be, we must also bear in mind that the continuing tragedy of millions of Sri Lankan Tamils is much more heart-rending and warrants immediate redressal..."
And barring an odd eulogising reference to the LTTE and Prabhakaran himself, the stress throughout was on the plight of the Lankan Tamils and an almost unanimous demand was for a political solution to the ethnic tangle.
Still the conference will not be seen as representing a watershed or as reflecting the ethnic solidarity of the Tamils of this country, it will be seen as a purely PMK effort to reinforce its own image as a champion of the Tamil cause and also yet another attempt by a beleaguered Tigers to whip up support for itself in Tamil NADU.
More important the rally will have littie impact on the Centre which is now gloating on its Gujral doctrine of non-interference in the affairs of neighbours. Chief Minister Karunanidhihimselfis having a sign of relief that the rallyists did not raise too provocative slogans or make incendiary speeches - no embarrassment of having to crack down on someone for taking up the Lankan Tamil issue.
The visit of Indian Foreign Minister K Gujral to Sri Lanka, his virtual carte blanche to President Chandrika - do what you like in dealing with the ethnic question - the furore caused by a meet organised by the pro-Tiger lobby at Bangalore, the indirect ban on a similar attempt at Madurai and bogey raised in the media over the PMK rally apart from the visit of firebrand Vasudeva Nanayakara and a Buddhist monk to Chennai, all of these
seemed to suddenly issue onto the forefroi The November cor at Chennai has alread upon in these colum ruckus created by th government was forc couple of speakers statements and thus Credentials."
The pro-Tiger lob! by its own rhetoric tha the agonies faced by th practical problems the outside the camps ar in extolling Prabhakar The Bangalore m more blatant pro-Tiger media flare-up was th Karnataka governme compulsion as was the administration, it let th the result was negative was shedding tears ol Lankan Tamils. Instea pressed over the fact til on the rampage", esp Deve Gowda was fre home state. After alt assassins had taken r It was in such circ visit to Colombo cal records at leasthe Wo do with the ethnic ta more concerned with though in passing he Sue of the recurre Rameswaram fisherr Navy,
He was actually V. the soundness, nay, t Gujral doctrine.
But pray what is t "Non-interference in th another), full respect and territorial integrity territory to be used neighbours and res. through bilateral di words of Gujral hims The Ganga Wate ladesh is considered the success of the C able to clinch a deal the vexed Farakka Ba ing down the water i Calcutta port. While the need to be gener vis a smaller neighb( that success of one
 

15 FEBRUARY 1997
roject the Lankan st yet again.
erence of the PMK been commented hs. Such was the è Press, the state ed to round up a or their pro-LTTE prove its "patriotic
Dy was so taken in it littie was said of e refugees and the y faced inside and ld they all revelled an's exploits.
}eet WaS an eVen exercise. Again the ere. But since the 2nt was under no case with the DMK e matter pass. But again. For no-one ver the plight of the d concern was exhat"the Tigers were ecially so when Mr quently visiting his he suspected Rajiv 2fuge in Karnataka. umstances Gujral's me about. For the uld have nothing to angle. He seemed the trade relations, also raised the isint firing on the men by the Lankan
ry keen to trumpet he greatness of the
his great doctrine? e internal affairs (of for its sovereignty not allowing Indian against any of its blving any dispute scussions." in the
If.
* Treaty with Banga prime example of octrine - India was fith that country on rage issue by Scalquirements of the Ione could dispute us, especially vis a ur, one has to note art of the doctrine
does not validate the rest of it too. Certainly the insular approach will not be valid for all times.
But the Centre Would not care less. Even when MS Chandrika came to this country on a private holiday and caled on Deve Gowda, he or Gujral did not have the courtesy of consulting the amil Nadu Chief Minister. West Bengal's Jyoti Basu could be deputed to Bhaka for sorting out the barrage issue, but the same courtesy would not be extended to Karunanidhi, And When the matter was raised in the media, the latter had to put up a brave face and claim that anyway he was in touch with the Centre, that Gowda had indeed raised the issue of the fishermen, etc. Even after Karunanidhi called on him at New Delhi on the eve of his Colombo visit, Gujral asserted that he would have nothing to do with the ethnic tangle and that he was not going to make any suggestions to Chandrika this way or that. Karunanidhi had to Swallow it and return quietly to Chennai.
Later when the matter was raised in the Assembly, he clarified that when he said that his policy was that of the Centre's on Lanka, he was only referring to the ethnic issue but that on the refugee problem and the fishermen's plight, his government had its own views and that it could not remain indifferent. But then his government did precious little to either mitigate the sufferings of the fishermen or make life that much more comfortable for the refugees.
Both when Chandrika was here and Gujral was there, there were incidents of firing on the fishermen, but the DMK regime did not go beyond formally registering its protest.
if anything refugee youths on the merest suspicion of militant links are sequestered away in special camps, an euphemism for prisons. Though some educational concessions have been restored to the refugee wards. Certainly the refugees are no more a hunted lot as they were during the times of Ms Jayalalitha. But problems in the camps remain and there are reports of arbitrary relocation of the inmates disrupting the studies of many boys and girls. Besides fishermen found transporting refugees are still proceeded against.
Clearly while Karunanidhi might be loath to part with his image of a "saviour of Tamils", he is not going to stretch his neck too far out - saving his throne and possibly bequeathing it to Stalin seem to be the overriding considerations before him now,
And so when Nedumaran and Company, easily the most prominent among

Page 27
15 FEBRUARY 1997
the Tiger lobbyists, sought to organise a meeting at Madurai with Mr Vasudeva Nanayakara MP and Ven Baddegama Samitha Thero, a radical Buddhist monk and a member of the LSSP among the guest speakers, the local police quietly turned the screws on those who had agreed to rent out their hall for the meet and made them retract - the idea had to be given up. But a similar meet organised by the Indo-Lanka Friendship Society at Chennai was allowed to go on- evidently because the government knew for sure that no pro-Tiger noises would be made at the meeting.
Again on the eve of the PMK's rally, the atmosphere became Surcharged. Like what it did in 1992, it might raise secessionist demands and glorify Prabhakaran, commentators apprehended. When it foolishly sought to underscore that "most of the victims (in the island) were Hindus" in a bid to rope in the support of such communal outfits as the BJP and the more rabid Shiv Sena, abandoning its secular platform for the moment, the press charged it with playing the communal card. And then there were write-ups wondering how could a party like the BJP dare flirt with such a dangerous party like the PMK. Ultimately both the parties backed out. Also there was this campaign that the Tigers were behind it all.
Then Karunanidhi threatened to invoke the National Security Act (NSA) against anyone who made pro-LTTE statements at the rally. He also expressed his hope that Dr Ramdas would not do anything that would embarrass the state government. In the event the Pmk did live up to its promise. There indeed were such statements like, "Tamil Nadu would go separate if the problems of Eelam Tamils were not solved. There would be a bloodbath here"
PMK leader, Mr Dheeran said that if the Tamils were respected in the west that was because of the unparalleled valour of the Tigers.
But by and large it was an avowed attempt to highlight the sufferings of the Sri Lankan Tamils in general.
Even Ms Madhalin Michael, representing the Tamil Eelam Solidarity Organisation in Switzerland, confined herself to observing that the Tamil struggle in Sri Lanka was for justice and equality and that the ethnic struggle and denial of basic human rights of Tamils had become an international issue, Again there were no hosannas for Prabhakaran.
The media now finds itself stumped. Those who used to see Tigers under every bed are at a loss for words now. If only The PMK and other Prabhakaran aficionados had adopted a similar strategy earlier, concentrating solely on the plight of the Tamils and the lack of progress on the devolution front, they would have succeeded in disarming the hardened
anti-Tiger quarters, Such an approa that the middle cla: the Rajiv assassina nabha killings on t propriately taken in At their press C public meeting whi Nanayakara and th equivocally declare appreciative of the rate land of their OW a long history of tre lese chauvinists ha war. The stormy pet tics, the LSSP MP, a ka for allowing hers my militarists and fa abroadly acceptable He also demanded war and resumptior Tigers.
Coming from a statement should ha striking by the med of his comments W. like The Hindu whi occasion to hit out at pletely ignored the Tamil press did evine the salient points a were not sufficiently
Interestingly at during the questiona very reasoned exp kara, some Tiger-su tack the MP for his "
The expressior Tamil texts denotes from the Ionian sea. Tamils and other shi; the subcontinent hac Greece and Rome, b terranean.
Alas, the same li lows the youth of th cluding Tamils, who set out in ships to sor It is still not clea the 464 youth from F kistan and Sri Lank the Yiohan, a ship w numbers from distan pressures in their ho to ake it big in West " already-in-exile? O. Case, most of them uge amounts, rangin lakhs to ten lakhs a travelling by various or Egypt. Some of th for two months
The ship Yoihan
 

TAM TIMES 27
sh would have meant s revulsion following rion and the Padmais soil had been apDaCCOunt,
inference and at the h followed, both Mr Buddhist monkuni that they were fully amils' cry for a sepaand pointed out that chery by the Sinhaprovoked the ethnic el of the Lankan poliSo Criticised Chandrielf to be hemmed in ling to push through devolution package. an immediate end to of dialogue with the
Sinhalese MP such a ve been found quite a. But the coverage are cursory. A paper ch never misses an the Tiger-lobby comvisit of the two. The :e Some interest, but hd their significance highlighted. the public meeting, answer session after Iosition by Nanayakpporter chose to athypocritical" stand.
"How could you express yourselves in support of the right of the Tamils to selfdetermination but say at the same time that you would like the Tamils and Sinhalese to live as part of the same state?” wondered a learned professor.
An expatriate Lankan Tamil living in South Africa and who happened to drop by charged that the MP and the monk were the agents of Chandrika and that they were only trying to shore up her sag. ging image.
Yet another wanted them to champion the Eelam cause without any reservation among the Sinhalese and acknowledge that the Tigers were the sole deliverers. Clearly the Tigers and their supporters would like everyone to recognise the LTTE as the sole legitimate voice of the Lankan Tamil community, endorse its ways uncritically and call upon Chandrika to step off the gas and go in for talks.
Whatever the legitimacy or desirability or feasibility of such a prospect, given the current ground realities in the island itself, they do not seem to realise that history cannot be unmade. That in the context of whatever had happened since 1987 it is best to work for a common platform in India through which pressure could be brought on the Indian government in order to make It give up its non-interventionist doctrines and rush to the rescue of the beleaguered Tamils of Sri Lanka.
Still if a group like the PMK learns or at least beats a tactical retreat, there is hope for the future perhaps. O
By G. Ramesh
Yavana in archaic One who came over Evidence has it that -building cultures of traded with ancient | Crossing the Medi
nian Sea noW SWala sub-continent, inee their homes and sehow enter Europe. as to what brought unjab (in India), Patogether on board th fake registration political chaos and melands 2 Impulse Join their relatives all of them? in any had paid to agents from Rupees four ed for long before outes to Turkey, yria m had been sailing
ad touched several
ports including Adana(Turkey), Alexandria (Egypt) and Malta near Sicily. Tragedy struck the youth on the Christmas eve. They were asked to disembark from the ship in the lonian sea and forced to get into an already overloaded ferry which was supposed to take them to the shores of southern Italy. The ferry hit the ship and simply sank. The crew didn't care and moved on. The youth in the ship watched as 289 of their counterparts were drowned.
Only 22 could ultimately survive the ordeal. Some who were pulled back into the Yiohan died and were thrown overboard. Thus, brothers and friends were lost to the angry sea. The remaining, numbering 175, sat still as the ferry took them to Sipia beach in Nafpleon district of Greece. They were promptly caught, separated into four batches and quarantined in distant farmhouses. Wo lots escaped once again. More than 100 were rounded up, but 68 had fled to Athens, eager to join their Punjabi counterparts illegally living there.

Page 28
28 TAMIL TIMES
The Christmas tragedy, however, came to light very slowly after the arrested youths spoke out. Searches by Greek and Italian teams yielded no evidence - no wreckage, no bodies.
The ship, Yoihan, too was never found. Nevertheless, Gurdeepingh Bedi, the indian ambassador to Greece, who spoke to each of the Survivors, was convinced of the veracity of their accounts.Yes, more than 275 persons did drown, he says. And indeed, there were Sri Lankans among them.
Some Sikh survivors returned to Punjab, thanks to the assistance provided by local Gurdwaras. Their horror stories got published in the local media. Later, investigations done by magazines and IndiaToday and Frontline revealed that the majority of Punjabiyouths hailed from the Doaba belt. The region has a flourishing agro-economy but the disgruntled youth there seem to want to make it big quick. The youth have dreams of settling ultimately in Canada or the United States.
There's enough craze for anything foreign here. Traffic from areas like Ropar to Greece and Italy is tremendous. There are young taxi drivers, a legendary profession for Sikhs, who have made it till Greece and returned after failing to get beyond. Some of the youth had been part of the Khalistani groups and want to escape the Indian laws.
The Indian state of Punjabalone contributes at least 2,400 youth annually to a Rs 50 crore migrancy industry. Most of the money goes for bribing customs and immigration officials enroute and the rest is pocketed by recruiting agents in Jalandhar, Delhi and Bombay, the latter two being the exit routes.
And Sri Lankans who make it to Europe are predominantlyTamils fleeing the war. The transit points include Katmandu, Bangkok, Hong Kong, Gulf cities and Turkey, Cyprus, Greece, Moscow and eastern European countries like Romania and Hungary.
Illegal immigration of subcontinental youth is an old story. Once, the destination from south India was Malaysia or Singapore. In the seventies, a lot of Muslims from Kerala, Hyderabad and Uttar Pradesh left for the Gulf for better jobs. With political conflicts intensifying, youths from north of Sri Lanka, Punjab and Kashmir fled to western Europe and northern America.
The honourable modus operandi of destroying one's passport while on board an airplane and claiming refugee status later does not seem to work any longer. it is all back to sneaking, since air travel visa rules have now been tightened. The agents prefer to use illegal ships. The immigrants travel to the transit points and are taken on board. Disguised as sailors or deck hands with forged Panama passports, they are made to disappear into
Michael Robe
few Rhodes Schol suspended shortly Scion of a distingui ognised historian respected in Sri L Commonwealth fc eSS has Written a memoirs from the ceding independ parious straits towl reduced after two a eral Sinhala riots a bloody war by t state against the in the Northern an The book is a spersed with thirt ments of great his with pictures in the politicians. Robert players are unfortu to highlight the volt eS,
Throughout th ning thread that : thought processe manner. This is t (pp.24-33).
It is part of the
fers to practices W
southern Europea way into Italy c farmhands.
The ships tal United States or ants fly from hom nations in easter inside freight con for Bulgaria, Serb left to fend for the ultimately take the or even Germany The entire Sto told by the great Fuentes in his 19 in the novel, Fuen ants of the New W cultural capital o over for whateve Fuentes doesn makes the river S boil over like the fore running into ifFuentes Knew tributes to those who were to dro' years later,
 

15 FEBRUARY 1997
Book Review
EXPLORING CONFRONTATIONS: ANKA, POLITICS, CULTURE AND HISTORY
by MICHAEL ROBERTS
ood Academic Publishers, PO Box 90, Reading RG18JL, UK
ts, one of Sri Lanka's ars (The scheme was after it was launched) hed legal family, a recof wide repute, highly anka as well as in the r his intellectual prown entrancing book of days immediately preence to the present ich Sri Lankahas been nti-Tamil pogroms, sevgainst the Tamils, and he Sinhala dominated amil dominated areas d East provinces. lso generously intery-three plates of motorical import together m of leading Sri Lankan 's Comments on these hately not sharp enough eface of Trotkyist lead
e book there is a run
seeks to link Robert's s in some meaningful ne "Asokan Persona"
Sinhala World and "rehich embody authority
nports. They make their
r Greece as cheap
:e some as far as the Canada. Other aspirle to Moscow or destiEurope. They are put tainers in trains bound a and Poland. They are hselves when the trains m towards Austria, Italy
ry may have been foreMexican Writer Carlos 77 novel Terra Nostra. es makes the descendorld travel to Paris, the the World, and take it r conceivable reason, explain further. He line turn hot, sizzle and Brazilian Amazon behe English channel. As at his novel had to pay from the subcontinent "n in the Ionian Sea 20
O
of Pope and King" (p.29), the figure of the cakravartior the Universal Emperor in Indian Civilisation, is a central element in my model of the "Asokan Persona" emphasises Roberts.
The Trotsky pictures tellus a sad story of the decline and fall of the largest Trotskyist party in the world - the Lanka Samaja Party (LSSP) (the Ceylon Equal Society Party). Two other historical episodes are described and analysed with the tools of an anthropologist. The first of these, the "scuffle" at Maradana Junction Bridge on 5 February 1929 is richly interspersed with Roberts's insights as a socioanthropologist.
A whole new picture emerges where otherwise in the hands of a conventional historian, the incident would have been disposed of with a few paragraphs. Chapter Nine (shall have you slippered:The General and the Particularinan Historical conjuncture") provides a detailed analysis of symbols and speech as to what was really meant by the exchange of words between the labour leader A E Goonesinha and the guardian of the law Inspector Fallil. in a tiny microcosm we are given a splendid account of British rule in Sri Lanka and arising from it, the deductions that could be drawn from the imperial ruler's behaviour patterns.
The inference is that both sides Were intransigent and contributed in no small way to Britain's continuance in Sri Lanka. The Tramway Strike of February 1929 was the first industrial action and the first of its kind, though earlier, Goonesinha had led a strike of carters as well. The Second of the episodes deals with the imminent prob|lem - the Sinhala-Tamil conflict - now almost incapable of solution. The chapter's title reveals everything, "Ethnic Conflict in Sri Lanka" and its subtitle is even more revelatory, "Barriers to Accommodation". The advantage that Roberts has in interpreting this perpetual conflict is that he is as a member of his community (the Burgers) viewed as being above the conflict.
One of the last chapters, "Ethnicity in Riposte at a Cricket Match: The Past for the Present" is an attempt to interpret some rude remarks exchanged between spectators at a cricket match between an Australia side and Sri Lanka" on May 1981. The remarks are subjected to Roberts penetrating scrutiny and use of the anthropological method in interpreting the past (Continued on next page)

Page 29
15 FEBRUARY 1997
Readers Forum
REV. BALASURYA
appreciate the good coverage to the ex-communication of Catholic priest Rev Fr Tissa Balasuriya in the Tamil Times of January 1997 issue. The photograph which appeared in the cover also gave me a glimpse of how Fr Balasuriya has "aged", after 25 years, when I saw him regularly at the Aquinas University College. While he was the Rector there, was an Advanced Level student at that time. This gives me a distinct perspective on commenting on the controversy caused by Fr Balasuriya is not reprehensible. Being an educator himself, he should have known that discipline is one thing a good teacher or a father in a Weilbehaved family holds steadfastly,
However clever a student (or a child) is, one cannot do pranks against the teacher (ora father) and plead that he should not be punished. The illogical plea of Fr Balasuriya's reasoning is puzzling indeed. If he has doubts on the basic tenets of Catholicism, then he could voluntarily leave the faith and campaign for a new religion on his"Liberation Theology"platform. But he insists on remaining within the Catholic faith, while not subscribing to its basic tenets. This shows that Fr Balasuriya is not only a cleaver theokogian, but also too clever to push himself to the stage, and to share the spotlight with the Pope.
There is no doubt that Fr Balasuriya is one of the articulate intellectuals produced by Sri Lanka. But from my personal experience, have an alternate opinion on whether he is "Sri Lanka's greatest Catholic crusader for social justice and human rights". accept that he may be a great Crusader for social justice and human rights for Sinhalese. But for Tamils, I'm not impressed by his past record. I measure my words here, and cite only two examples with which lam familiar. In 1970-71, when was a student, Aquinas University College had a significant proportion of Tamil teaching staff as well as
Tamil students. The tion amongst usabc ter word is "Sinhala Fr Balasuriya. One
ethnic unrestin the
tion scheme”, wat Sinmavo Bandaran time. I do not remen ing any statements the standardisation as an enlightened maker among the S violation of human students. However tors had the courag criticise this discrimi them were Professc Professor, Perado Dr Chandra de S Peradeniya Univer was not in that enlig The second exi port my view happ general election. Fr ment stand that the tion was not for a st on that issue, his st poli data and asse Tamil Voters was f: pointed out then in t Tribune Journal by gam, Fr Joseph Ma he was entitled to hi. vote for a separate erably in understar concern of famil vo the real picture by hi ing among the Sri my rector at the Aqu previously. Il felt tha lead. His 1977 camp Vote' instilled in me the Tamils' case in t newspapers and it that inspiration.
Having been bo had the opportunity Christian clergy dul | can count only Fr B Mary as influential ir
(continued from page 28) and the present. There are some fresh insights here.
The twelfth chapter, “The 1956 Generations: After and before" is an excellent analysis and assessment of the social forces behind the 1956 upheaval in Sri Lanka. It should be read for an understanding of the events preceding and succeeding the socio political bloodless revoution of 1956 that displaced westernisation and brought the pendulum back in time to a Sinhala Buddhist consciousness and revival.To this extent this chapteris a masterpiece in Socio-political writing and is essential reading for all those who wanta comprehensive and insightful understanding of what brought about the massive beaceful electoral change of 1956.
Roberts packs in a mass of informaon in this chapter drawing attention to key events in Sri Lanka's rites of passage in a
forceful and challel Chapter thirtee stasy of a Pogrom 1983" is the tragic sordid story of the class Tamils by ba the gates.
A question that tries to come to gri Successful is which is he in.
The last chapt Epilogue" is a sumr lution during the Sri Lanka's trystw external World influ Soul is one of Robe tions to himself. He place but alas he V hala mind he will sider, nothing but decent Burger gen

TAMIL TIMES 29
e was much consternaut the “liberalism” (a betPopulismo) preached by of the seeds of Current sland, the 'standardisas introduced by the aike regime around that ber Fr BalasuriyamakDr campaigning against scheme. He utterly failed educator and opinioninhalese to criticise this rights against the Tamil a few Sinhalese educale and came forward to nation. Notable amongst Ir Hilary Crusz (Zoology niya University) and ilva (history lecturer, sity), But Fr Balasuriya htened group.
ample mention to supned in 1977, after the Balasuriya took a veheTamil vote in that elecparate state. His stand atistical analysis of the ssment of the mood of ur from perfect, as was he columns of Colombo journalist S Sivanayaury and me, il grant that s view on the 1977 Tamil state, but he failed misnding the human rights ters and tried to distort is eloquence and standankans. Though he was inas University College teven guides can misbaign against the 'Eelam confidence to present he English journals and hank him for giving me
mas a Hindu, I have not t in being influenced by ing my formative years. alasuriya and Fr Joseph influencing some of my
nging style.
in, "The Agony and EcSouthern Lanka, July story of a terrible and killing of two middle rbarians who crossed
Roberts' sensitive Soul ps with but is not quite side of the barricades
r (14), "A Biographical ning up of Roberts'evodangerous years of ith destiny. How did the lence the interior of his rts fundamental quesendeavours to find his vill never for in the Sinalways remain an outa lansi mahathmaya, a tleman.
thoughts and actions. While respected Fr Balasuriya's clever, public-relation skills, was more touched by the catholic spirit of Fr Joseph Mary. So I was glad that Fr Joseph Mary was on my side when | locked horns with Fr Balasuriya on the Eelam vote issue,
Sachi Sri Kantha Shizooka 437-01, Japan
Force of Arms and Peace
What was submerged with the abandonment in 1943 when it first reared its head through the then member for Kelaniya, surfaced openly with the stamp of legality on the enactment of the 'Sinhala Only' Act in 1956. Consequently alienation gained momentum every time anti-Tamil violence was perpetrated on innocent and defenceless Tamil people.They were naturally driven only by the restlessness of their consciences to support political organisations and movements which they felt could restore their dignity, equality, right to life and liberty, They were also left with no other alternative other than to support such struggles as all pacts entered into with the successive governments were torn before the ink was dry, The alienation was complete with the volte-face of the Left parties. The competition forinsatiable power knew no bounds and all parties vied with ome anotherin arousing the basic instincts in man. This found the Tamil people totally isolated. The leaders of parties and movements who tasted power and privilege began to serve themselves and their parties at the cost of the country, a phenomenon common after independence.
The national Problem therefore to remain eluding a permanent solution while devastation, ruin and death caused by the war enormously mount in terms of man and money. The psychological effect has been monstrously cruel and shall linger in the minds for some generations.
The soldier has to believe in victory and if he lacks faith he is unfit for the task. The politician has to see such military success from a different angle. What is an end in itself for the soldier is a means to an end for the politician for realisation of his/her political programme. If the military success can be increased and the adversary is exhausted, then the politician=s task is relatively simple. He/she needs only transform the draft into true copy. The task is different and becomes more complicated if the military success can then no longer be evaluated as potential means of coercion but only as a means of pressure.
Hence to assume that the future Could be built on the unhappiness of other people, built on the suppression of human dignity is a terrible errorand terribly have the successive governments paid for such intransigence. History has not recorded any instance where peace was imposed by force of arms. So, let us not continue to take cover under various pretensions of wishful thinking and hollow concepts and march towards ruin. Let us be honest and sincere to find a permanent solution to the National Problem of the Tamil people without dilly-dallying and all other problems will solve by themselves. T S Kumaresan - Jaffna

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30 TAMIL TIMES
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WEDDING BELLS
We congratulate the following couples on their recent wedding. Vijendra son of Dr. & Mrs. K. Ponnambalam of 23 Windermere Avenue, Merton Park, Morden, London SW19 3EP and Pankaya Wathani daughter of Mr. & Mrs. M. Thurairajah of 46 Tamworth Lane, Mitcham, Surrey CR4 1 DA on 25. 1.97 at Lanfranc School Hall, Mitcham Road, Croydon. Vijayaverl son of the late Mr. Velayuthampillai and Mrs. V. Velayuthampillai of 1639 E. Jefferson Street, Apt 204, Rockville MD20852, USA and Rathini daughter of Dr. & Mrs. Sivasubramaniam of 1 1 Walukarama Road, Colombo 3 on 29.1.97 at New Kathiresan Hall, Colombo. Jeevakumar son of the late Mr. & Mrs. P. Kanagaratnam of "Valarmathy, Rail Road, Kokuvil East, Sri Lanka and Shahila daughter of Mr. & Mrs. T. Thedchanamoorthy of Champion Lane, Kokuvil East, Sri Lanka On 9.2.97 at Greenford Assembly Hall, Greenford, Middlesex, UK.
OBITUARIES
Somanader: Olive, beloved wife of Sam Somanader, Retired Engineer, irrigation Department, Sri Lanka; loving mother of Geetha (USA), Kala (Canada), Dhaya (USA) and Niranjan (Canada), mother-inlaw of Dr. Iswara, Gnanasegaram, Pirapakaran and Jean passed away peacefully in New York on the 25th of January 1977 - 235 Tiber Place, Staten Island, NY 10301, USA.
Mr. Kasinather Chellappah, Retired Examiner of Post Offices, Sri Lanka, beloved husband of the late Parasakthy (Kanagamuthu); brother of the late Mr. Manickam and Mr. Eliathamby, loving father and father-in-law of Vivekananthan (G.P., Feilding, New Zealand) and Bavany, Vimala (National Mutual) and Mr. S. Mahadevan (formerly of Hong Kong & Shanghai Bank, Colombo) Johnson ville, New Zealand, Vigneswary (Chandra) formerly of Post Office, Jaffna and the late Mr. S. Pathmanathan
 
 
 

15 FEBRUARY 1997
(Ceylon Bulbs); Swarna (Indira) and Mr. V. Sivapalasingham (Montefiore Hospital, Bronx, New York), Savithiri (Teacher, Ladies College, Chavakachcheri) and Mr. S. Vamadevan (Govt. Press); Vijayaluxmy (Retired teacher, Drieberg, College, Chawakachcheri) and the late Mr. A. Tharmarajah (Education Office, Kilinochchi), loving grandfather of sixteen grandchildren and four greatgrandchildren passed away in his 89th year on 15th January 1997. His funeral took place on 17th January at Nunavil East, Chavakachcheri, Sri Lanka. — P.O. Box 110, Feilding, New
Mohandas K. Samuel, formerly of Asian Development Bank, Manila, Philippines died at King's College Hospital, London on 4th February 1997. He was the beloved husband of Utaiwan, loving father of Montira (Canada), Manasa vee (USA) and Maithri (USA); eldest son of the late Mr. J.M.G. Samuel and Rasama nie Samuel of Chundikuli, Jaffna, brother of Chandra (UK), lndran (USA) and Peter (UK); brother-in-law of Dr. Rajeswaran, Lalitha and Mercy. Funeral took place at South London Crematorium on 8th February.
The family wish to thank all those who attended, sent meSsages of sympathy and helped in many ways, -8 Buckingham Drive, Chislehurst, Kent BR7 6TB.
Mrs. Vimala Sockanathan of Kokuvil and lately of London expired in UK on 5th February
9. She is the only daughter of the late Assistant Superintendent of Surveys Rajaratnam and late Kannu Akka of Kokuvil beloved sister of late Panchalingam (Trincomalee), late Yasodharalingam (Tirunelvely) and late Rajasoundaralingam (Valaichenai); sister-in-law of late Krishnapillai, late Packiyanathan and late Sivayogam, beloved wife of late Tampo Sockanathan, Retired inspector of Food and Drugs, Colombo Municipality; loving mother of Winal Sockanathan (Solicitor), Yoga Thillainathan (Sun Rise Radio) and Dr. Ravi Sockanathan; grandmother of Rajiv, Thulasi, Sreepathy, Saniv and Sowjana. Cremation, took place on Saturday, 8th February in London.
The members of the family wish to thank all friends and relatives who attended the funeral, sent messages of sympathy and assisted them in several ways during the period of great sorrow. - Tel: 44181 689 7503 or 44181 205 O397.- 727 B London Road, Thornton Heath, Surrey CR76AU, UK.
IN MEMORAM
in loving memory of Mr. Chelliah Sivasampu on the fifth anniversary of his passing away on 9th March 1992.
Sadly missed and fondly remembered by his two sons. - 15 Wolsey Way, Chessington, Surrey KT9 1XQ.
First Anniversary
In loving memory of Mr. Vallipuram Sellathamby (formerly Attorney-at-Law, Point Pedro),

Page 31
15 FEBRUARY 1997
on the first anniversary of his passing away on 21st February 1996 in Surrey, U.K.
Sadly missed and lovingly remembered by his wife Saras
wathy, children, grandchildre son-in-law, daughter-in-law, r. latives and friends. - 50 Wi shire Road, Thornton Heat Surrey CR77ON.
In loving memory of Mr. Ch tampalam Subraman ia (Orator) on the thi anniversary of his passir away on 18th February 1994,
Sadly missed and fondly r membered by his wife Annara nam; children Kandasam Gnanaranjini, Pathmasan. Chitsabesan and Dr. Vasa than, son-in-law Dr. Puvanar jan; daughters-in-law Malir Kumuthini and Dr. Prenila, Si ter Sinnamma Somasegeran nephews Dr. Sothinathan an Kanagasabai; grand childre Janani, Vaani, Senthurar Yamini, Lohita, Praneeta Thayalan, Anjali, Mahen Mithiran, Lakshman and Rishi seosee"-goeroeoteo Raposeoеposeoе-Aе
AUSTRALIAN NEWSLETTER
Australia Day Celebrations: January 26th, every year has been celebrated as Australia's National Day and is a public holiday to commemorate the hoisting of the Union Flag on the flagstaff erected at Sydney Cove by Captain Arthur Philip when he as Captain of H.M.S. Supply sailed into Sydney Harbour as part of the First Fleet on 26th January 1788. This year, January 26th happened to be a Sunday, and Monday, 27th January was declared a public holiday and Australia Day Celebrations were held all over the country. The Sri Lankan community organised a Cricket and Netball Festival. The organisation was done by representatives from the Old Students' Associations of Sri Lankan Colleges in Sydney. The Cricket Tournament was organised by the following:- Jaffna Central: Sasitharan Thillairajah, Jaffna College: Shan Mugaratnam,
Carey College: Ian de Silva, Royal College: Prasanna Kariyawasam, St.
Josephs: Kevin Pereira, St. Thomas's:
Graham Masefield, St. Peters: Meredith Van Reyk, St. Benedicts: Clement Christ
je David & Wesley College: Darrel Maye.
The Netball Tournament was organised by Shiranie Christie David and Sandra
Thomas.
The Festival was held at Doonside in Sydney on twin cricket pitches and netball courts available there. The Six-a-side, 5 overs cricket tournament was for the Ward & Davy Trophy and was begun in 1992. This year it was a resounding success with 15 teams participating. The Jaffna Schools that competed were Jaffna Central, Jaffna Hindu, Jaffna College, St. Johns and Hartley. The Colombo schools were Ananda, St. Josephs, Royal, Bambalapitiya Hindu, Wesley, St. Peters, St. Benedicts, St. Thomas's, and Prince of Wales, MorafuMVa.
製
The overwhelm ters were young a senting their pare fours were struck bowling with grea that Sri Lankan Jaffna. Hindu met the game ended i
Netball teams Girls, Chundikuli C College, Good Saints College at part in the comp. was between Jal Shepherd Conve won handsomely,
A very large Cro out to enjoy the d loud and enthusi waving during the band played lively one enjoyed the time. Sri Lankan were sold at speci It was inspiring to races enjoying t rousing prize-givir ful day.
Spring is coming ground hog in Wia will SOOn be Over. according to its ha not see his shadow his burrow at daw (February 2nd). Ac is on the way. Changes to PDR fo Post Determina in Canada, the ris automatic. Ins claimants will have of being rejected Refugee Board.
 
 
 
 
 
 
 

FORTHCOMING EVENTS
March 1 Feast of St. David. Mar. 5 Krishna Ekathashi. Mar. 6 PirathoSam. Mar. 7 Maha Sivarathiri. Mar. 8 Feast of St. John; AmaVaSall.
Mar. 12 Chathuirthi. Mar. 13 Karthigai Mar. 14 Sashdi. Mar. 15 Feast of St. Louis; 7.00pm Vembadi Old Girls' Association (UK Branch) A.G.M. at St. Nicholas Church Hall, Church Road (Amen Corner), London SW17. Tel: 0181 395 1407. Mar. 17 Feast of St. Patrick. Mar. 19 Feast of St. Joseph, Ekathasi. Mar. 20 Passion Sunday; i 1.00am Colombuthurai Sri Yoga Swamigal Abhishekham
TAM TIMES 31
and Guru Poojah at Shree Ganapathy Temple, 123 Effra Road, London SW/19. All welCOme. Mar. 23 Full Moon; Panguni Uthiram. Mar. 25 Feast of Annunciation. Mar. 27 Holy Thursday. Mar. 28 Good Friday. Mar. 29 Easter Vigil. Mar. 30 Easter Sunday. At Bhawan Centre, 4A Castletown Road, London W14 9HQ. Te: O171 381 3086/ 4608. Mar. 1 7.00pm Carnatic Vocal by Mysore Manjunath. Mar. 16 6.00pm Thalavadya Symphony. Mar. 23 6.00pm Kathak by Gauri Tripathy. Mar. 29 7.00pm Bengali Music by Shyamali Basu and her students.
سحصحصحصحصحصحصحصحصحصحصحصحصحصبح
ng majority of the crickeind were probably reprents' colleges. Sixes and in grand style and fiery t catching demonstrated are great cricketers. Ananda in the final and n a tie.
representing Vembadi girls, St. Bridgets, Ladies Shepherd Convent, All ld Jaffna College, took etition. The final match fina College and Good nt and Jaffna College
wd of Sri Lankans turned ay's festival. There was astic cheering and flag matches. A Sri Lankan Baila music and eveyBaila dancing at lunch savouries and hoppers ly organised canteens. see Sri Lankans of all e festival together. A capped off a wonder
soon: Willie, the albino ton predicts that winter he famous ground hog Idler, Sam Brouwer did when he emerged from on Groundhog's Day ording to legend spring
C: Under new changes on Refugee Claimants eview will no longer be ad failed refugee to apply within 15 days y the immigration and n application for risk
review will have to be filed and SubmisSions received within specified timeframes. Cancellation of DROC: The government of Canada has decided to eliminate the Differed Removal Orders Class from March 1, 1997. since DROC's inception in November 1994 about 6244 applications have been received by Canada immigration. Of these 4716 (76%) were approved, 873 (14%) were refused. The balance of applications are awaiting final determination.
Canada Mega City Bill: Remarks by Municipal Affairs Minister Al Leach and Metro Chairman Allan Tonks, who both support the concept of a unified Toronto City, kicked off what is expected to be 5 weeks of public hearing that winds up on March 5. The proposed 45 member Mega City of Toronto is designed to replace Metro's current 106 elected politicians from January 1, 1998. But politicians, trade unionists and ordinary city dwellers have already started to face off.
The politicians hold many different views on how to merge the several municipalities. Municipal trade unions representing everyone from firefighters to nurses and librarians are voicing strong opposition. Amalgamation poses several problems from collective agreements to seniority and who would serve in executive positions. Ordinary citizens have begun to denounce it as a plan for the market and big business and not in the interest of the ordinary Citizen.
More than 2000 groups of individuals are expected to appear at the All Party Government Committee hearings to be held.
Seniors Central Housing Registry: in 1997, the points system of allocating housing units to Seniors has been replaced by a new system which is a combination of the old points system and a chronological application order. In the past new immigrant Seniors on low incomes were able to

Page 32
32 AMMA TIMES
get housing in two to ten months. Now it might take up to five years or more. They have to apply as early as possible to gain points on the chronological order, Thai Pongal Celebrations: The Canada Hindu Maamantram presented a cultural festival of Dance Drama and Devotional songs on 11.1.97 at Sir John A. McDonald Collegiate Institute Auditorium. Ms. Alexandra Serneniuk, Director of Arts & Heritage, Scarborough was the Chief Guest. The Manram assists and supports Tamil Cultural activities both at local and national leveland has a grand vision of establishing branches worldwide and having their publication 'Saiva Neethy' as an international periodical.
"Sirtnran’ SVa - An Appreciation
One year has passed since the death of Sittampalam Sivagnanasuntharam, the editor and publisher of Sirithiran, the foremost Tamil cartoon journal. Siva died on March 3, 1996, at the age of 72. He was the doyen of Tamil cartoon art form. He was a living example to the lines penned by the American poet Henry Wadsworth Longfellow, "The heights by great men reached and kept were not attained by sudden flight. But they, while their companions slept, were toiling upward in the night'.
'Sirithiran, an intellectual fruit, which blossonned from the Jaffna soil had its own culinary quality (sweetness and pungency) and Cultured taste, similar to the food products like karuthakozhumban mango and chilli pepper for which the Jaffna soil received its reputation. It held its own for over two decades against the competition of glossy magazines published by the media moguls of Madras, 'Sirithiran' could not afford glossiness in its pages. But the Tamil magazines produced from Madras attested to Einstein's humorous dictum that, "It's not worth if the wrapper is of better quality than the meat it covered'. Thus 'Sirithiran' found its precious niche and captured the life of Eelam Tamils humorously from many angles. Many other Tamil magazines which were established in Sri Lanka, aping the Madras glossies, folded within short duration, because they concentrated on the quality of the wrapper and not on the quality of the "meat'.
When 'Sirithiran" made its entry in mid 1960s, I was a school boy at the Colombo Hindu College, Ratmalana. A couple of my classmates bought each issue with their petty cash and most of us read each of those issues from cover to cover, surreptitiously in between class periods. There was much discussion about the title 'Sirithiran, which eludes a good one-word translation in English. The nearest equivalent is "Why don't you laugh a little?' - a powerful colloquialism used by the elder folks in Jaffna, when the young ones turn a sour face due to some mundane concerns, e.g., Konjam sirithiranraasaah! or Konjam Sirithiranraasaathil
'Sirithiran" Siva cut his journalistic teeth with his cartoon serial 'Savaari Thambar,
which poked fun a Eelam Tamils of a tions. Like the kar and chilli pepper, Thambar were rip pungency. In those Tamils, the day w reading Savaari T the daily Tamil nes land-shaking news page, Savaari Tha probably only!) iten to read day after d loyalty tells someth Sivas artistic pen nins' to the routir. Tamils were forced sula and elsewhere fun at the behavi hurting or insulting little doubt that the "Sirithiran' Created memories of Eelam
Fukoroi City, Japan
Terren Wijeyaratna - An A
The death of Balla January 1997, in of 70 years. He character, integrity modesty and cont things in life conce mind, and his a complex situations tions to many diffic took to him. He v clerk in the Hospit Lanka. He never would have placec he had to supervis gladly allowed his him, in the career: Service. All that f Corner in the Offic he was the maste work allocated to time. Then, he w able to a numbe want to Consult 1 charge sheets to inquiries to face. excelled in defe before departm quiries, if people stages of any diffi prevent allegatio by the clever sh would draft, as re ay actions. Gov all parts of Sri Li when they were chievous twinkle busy trying to fr departmental a persecuting a sm plinary action. T enjoyed. Such si the challenges Count his life wO
When in his ( brains in that of ከirገገ.

le idiosyncracies of ges and all occupaakozhumban mango sayings of Savaari with sweetness and lys, for thousands of 'd not dawn without mbar's prophecy in paper. Whatever the the day in the front lar was the first (and many looked forward . That kind of reader g about the vitality of which injected "vitaand drab life many live in Jaffna penin. Sri Lanka. He poked Ir of Tamils, without heir feelings. There is artoon Character and y Siva will live in the Famils for a long time.
- Sachi Sri Kantha,
:e Francis m Balarutnann preciation
utnan OCCurred on 4th ford, Essex, at the age was a man of great dignity, and talent. His intment with the simple aled an incisively sharp bility to analyse (very i and find instant soluult problems thatothers was happy to remain a all Clerical Service in Sri wanted promotions that f him in positions where e the work of others. He colleagues to overtake tructure, in Government e wanted was his little 9, a tiny territory where . He would complete all him, within a very short uld make himself availof people who would m, whenever they had answer, or disciplinary alarutnam enjoyed and ding other employees tal tribunals and ininsulted him at the early ulty, he would be able to taking a serious turn, t written responses he ly to threats of disciplinnment employees from ka would come to him, n trouble. With a mishis eye, he would be trate some very senior ninistrator's efforts in ler employee with disciwas the work that he tions provided him with required to make him while. ce, he knew where the } resided. It rested with
15 FEBRUARY 1997
He started his working life, getting recruitment into the prestigious Royal Air Force, when it appeared that Japanese invasion of Ceylon was imminent. This happened during World War Two. A large number of school boys joined the military forces at that time. Not too long afterwards, he was trusted to work with Communications, in the office of the Headquarters of the South East Asia Command, (SEAC). his Commander-in-Chief (C-in-C) was a British Admiral, who later became known as Lord Louis Mountbatten. When the SEAC shifted from Peradeniya to the Burma front, Balarutnam, wanted to go to Burma, with his C-in-C. But his C-in-C declined to take him to the battle front in Burma, because Balarutnam was only a teenager, who had enlisted giving a wrong age. He was not yet 18 years old. He was told that going to Burma would mean certain death in the jungles, even if he escaped the enemy bullets. He was asked to get a written letter from his mother, containing her consent to his going to Burma. His nother did not Consent. As a result, he continued his military service in his home Country, until he was demobilised after the war ended,
The few years in military service changed his life for ever. He did not bargain for the war to end so suddenly, and so Soon, it made him a very mature young man.
It was with a sense of Sorrow that Balarutnam left Jaffna, a few years ago, to reside in Britain. He knew that he would die in Britain,
Dr. Victor A. Benjamin, Australia,
Tamil Lawyers' Association (UK)
The Annual General Meeting of the Tamil Lawyers' Association (UK) was held on 1st December 1996. Several amendments to the Constitution were made and the following were elected to the Executive Commitfee for 1997.
President: Mr. S.J. Joseph, Vice Presidents: Messrs. A. Sriharan and P. Arul General Secretary: Mr. K. Vetivel, Asst. Gen. Secretary: Mr. S. Srikanthalingam, Treasurer: Mr. M. Neminathan, Asst. Treasurer: Mrs. Shiranee Thevarajah, E.C. Members: Messrs S. Yogarajah, C. Sithamparapillai, S. Paramalingham, R.D. Ratnasingham, A. Rajakarier & S. Manogaran. The new Executive Committee co-opted Mr. P. Rajanayagam as an additional member.
The new Executive Committee has put forward the following activities to be included in the programme of work for the year,
(a) Period Seminars, (b) Liaising and co-ordination with lawyers overseas. (c) Collating and compiling documentations about Human Rights Violations and Tamil Refugees, (d) Organising cultural, sports and social events. (e) Publishing a quarterly bulletin.

Page 33
15 FEBRUARY 1997
Threeya Tharmendiran's Arangetram
ft was with pleasure that I read in the "Tamil Times' of 15th January 1997, the complimentary review of Threeya's Bharatha Natya Arangetram by Mr. Sivapatha Sundaram, who paid glowing tributes to Lakshmi Samarakoon (alias Lakshmi Ganeson) and Threeya.
Please forgive me for pointing out what I believe to be a bona fide error. Credit has been given to me for composing music and choreography. I can confirm that I played no part in the choreography which was entirely the product of Lakshmi's efforts.
Having had the rare privilege of working closely with Rukmini Devi as a lecturer at Kalakshetra for over fourteen years, I can only marvel at Lakshmi's innovative choreography of the entire repertoire and the befitting scholarly review by Mr. Sivapatha Sundaram a veteran connoisseur of South Indian Art forms.
Karaikudi Krishnamurthy.
Dance Debut of a Dutch Girl
In recent times we are witnessing many western girls and boys taking up Bharatha Natyam and reaching graduation standard. The discipline and dedication shown by them is amazing. Jetta, daughter of Dutch parents Mr. & Mrs. Astrid of Amsterdam, Holland had her Arangetram on 8th December 1996 at the Tropical Institute Auditorium in Holland.
Jetta is the disciple of Smt Indra Devi Mehila-Panday, under whom she had trained for six years. Indra runs her own School of Dance in the "Thanjavur Parni. She being a direct disciple of the famous Nattuvanar Sri Kittappapillai of Tanjore, tries to maintain the purity of that style. She is also a well known performing artiste.
Jetta commenced her programme with Pushpanjali, Ganesha Gowthvam and continued with Sabthan and the Varnan Manawi" in Sankarabarana Ragam. After the intermission the ‘Rama Geetham ' in Aarabi Ragam and 'Krishna Ni” in Yamune Kalyani Ragam was well received by the audience which was predominantly Dutch. Jetta's bhava was very commendable. The pathams were sung with devotion and emotion. Jetta was ably assisted by the accompanying artistes Snt lndra MehilalNattuvangam, Smit Ambika Thamotheram — Vocal, Sri Ravi Dharmaraj - Mirdangan, Sint Komala Ramalingam — Violin, and Sint Darshan Kumari — Tampura.
Dr. EthirV Feted by J Old S
Dr. & Mrs. N. E guests of honour 25, 1.97 at Palin B Ealing, London. Central College, D ist, academic and Sented Sri Lanka ir the Olympic Game bourne and in the Tokyo and Djakarta at Tokyo in 1958.
Dr. Ethir Studied versity of California rate in Agricultura University, New Yo Universities of Sie Papua New Guine, the UNESCO for fi was a visiting lectu University of Jaffna Again in Septemb the appalling cond returned to Kinoch feer to Work With appointed Chairma Sub Committee of programme in the North.
Dr. Ethir has be the settling of inter and had contact V community. Havir there, travelled to sula, discussed the ing the Tamil p teachers, students Servants and the l daily life as a civili gained a good unc rent Situation and North.
Speaking at the detailed descriptic situation there and feeling that those ol speak with one voic negotiated settlem, prolonged process
Dr. Ethir is curren with his wife, who three children. He Mankulan in the NC K. Balla Hon. Secretary, JCCOB & OGA (UK
Indumath Imaugur
Smt indumathi Sr inaugural dance at
 
 

TAMIL TIMES3
erasingham affna Central tudents
hinveerasingham were at a dinner held on each Restaurant, West in alumnus of Jaffna , Ethir is an agricultursportsman. He reprethe high jump event in S at Helsinki and Melsian Games at Manila, . He won a Gold Medal
Agriculture at the Uniand earned his DoctoEducation at Cornell k. He had taught in the ra Leone, Nigeria, and a and was attached to 'e years. From 1994 he rer in Agriculture at the located at Kilinochchi. 2r 1995, motivated by itions in the North, he chi District as a volunthe farmers. He was in COOrdinator of the
the emergency food GA's divisions of the
en actively involved in ally displaced persons with all sections of the ng lived and worked and from Jaffna Peninmany issues confronteople with farmers, , traders, government -T TE and experienced an in the North, he has derstanding of the cur
developments in the
dinner, he gave a in of the deplorable
expressed his strong us living outside must ce and work towards a ent of this long and of self destruction. tly residing in the USA
is an American, and
hopes to be back in orth in March this year. krishnan,
Branch).
i Performs a Dance
ikumar performed the the Dance Festival of
the Sri Thyaga Brahma Gana Sabha helic on 4th January 1997 at Vani Mahal, T. Nagar, Madras. Besides the Vinayaka
Sthuthi, she performed Varnam (Senthi Mevum), Kirthanams (Panjach Peeta Rupini) & (lyyappan Avatharitha Kathamrutham), Guru Bhajan (Manasa Bhajara) and Thilana before an appreciative audience. She was ably accompanied by Sri K. Rajashekharan - Vocal & Nattuvangam, Sri Keshavan - Miridangam, Sri Seetharama Sarma - Violin, Sri A. V. Unnikrishnan - Flute. Picture above shows her receiving the Thyagaraja Swamigal Memento from Kalaimamani Dr. Srinidhi Rangarajan.
Indumathi started learning dancing at the age of four and had her Arangetram in Colombo as a pupil of the late Smt Kamala Johnpillai when she was eleven. She has appeared on TV and had given a dance recital for the World Hindu Conference in 1982. She is a disciple of the late J. Venkatachalapathy of Kalakshetra.
She is an engineering graduate in Electronics and Communications and obtainsed the Masters Degree in information Engineering from the City University, London. She is currently working for the Royal London Hospital. Her husband is a medical doctor.
Janany Passes G.C.E. (O/L) at Nine
Nine year old Janany, daughter of Mr. & Mrs. Arunachalam of 369 Allenby Road, Southall, Middlesex has passed the G.C.E. (O/L) examination in Tamil held by the Cambridge University in November 1996. She has been a student of the West London Tamil School since the age of five. She also has successes at Grade 5 in Veena, Grade 4 in Vocal and Grade 1 in Flute. Our heartiest congratulations go to her.
House for Sale - Batticaloa, Sri Lanka Recently refurbished 4 bed roomed house in 40 perches square block land, best part of Batticaloa Town (Anaipanthi), Town water pipeline supply, own well with good water. Telephone, five minutes walk to all big schools, temple, hospital, banks, Town shopping area. £50,000 on.o. payable in UK. E 74 c/o Tamil Times.

Page 34
34 AMLTIMES
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15 FEBRUARY 1997
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and emit money overseas. Please ca. 17 402/ABBASE
Next finne when you come to The Bhawan
DO WIST THE BOOKSHOP 4A Castletown Road, London W149HQ Tel: 0171 610 1575 Fax: 0171 381 B758
 
 
 
 
 
 
 
 
 
 
 
 

REIGHT - TRAVEL
ONAL EFFECTS, HOUSEHOLD GOODS CHINERY ETC.
R WORLD WIDE DESTINATIONS DR AIRLANKA
aCCompanied Baggage W7.
Various Discounted Fares
Other World Wide nations
ERS LIMITED
sple Way, Acton, London W3 ORQ 31 740 837.9/O181749 0.595
: 0181 740 4229
DED WAREHOUSE
Wella Road, ColomE0C0 1 4 Tel: 575576
TRICO INTERNATIONAL SHIPPING LTD RICO SHIPPINE SCHIEDLULE
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Wessel Nane Closing Dale Sailing Arrival
Harijin Felixstowe 1.01.7 24.D1,97 09 미2,97
Hanjin Rotterdam 1.97 1.9 G.O2.9
Harjin Malla .2.9 14,ሀ፰.g]W []፰.03.gኾ CANADA ALISTRAA
Trico Shipping — 685 Lansdowne Av. Unltd, 24-25 Camick,
Suite 202, Torondo, Oui. M5H3Y9. Tullamarine,
Tol Fred: 1-800-565 GO TIDTid 1:
Tel; AE550098 Tel. 6313388 5978
Our Ticodern warehouse and offices are under one foot with ample car parking facilities wife our customers have the extra benefit of packing their goods themselves with Our assistance. We offer a friendly and professional service a competitive rates Once your goods are in our hards, we guaranted a safe and efficient delivery to your destination. We also offer FREESTORAGE to our customers for a period of ONE MONTH in our bonded Warehouse in ColorTibo.
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FORWARDING COMPANY" IN THE LUAK
Trico International Shipping Ltd Unit 4, Building "C"The Business Centre at Wood Green,
Clarendon Rd,London N226X Tel: ዐI81-888 878?‛ Fax: ዐ18I 889 5445