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VoL XX No. 7 ISSN 0266-4488 15 JU
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躍獸譽
Daring Suicide
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"I do not agree with a word of what you say, but I'll defend to the death your right to say it.”
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TIMES
ISSN 0266 - 44 88 Vol. XX N0, 7 15 JULY 2001
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CONTENTS
Suicide Attack on Airport 03 News in DOCus O6 A Presidential Gambit 15 An Island in Crisis 17 Act of Dubious Propriety 22 Hope Springs Eternal 24 A Vengeful Jayalalitha 25 A Tough Response 27 Short Story 29 Classified 30
For
Sri Lanka is in t stands President Ch ecutive President ha cal parties, but alsof ine Well-wishers hav Despite protesta parliament on 10 Ju Alliance lostits majo) One of its coalition pa UNP Submitted a nC debate on it. Howev Ostensibly to gain tim bers in parliament. E dissolving parliamen held in October 200C until a year has elaps motion was delayed ment for two months which the governing parties became wise signed by 115 MPs - debate the motion. F motion was debated This action by the P principles and practi Immediately folc her decision to hold answer at this refere tance and necessity as a Cynical and COS Convenient COver for political parties have ing one. In fact the P4 tary election promisir in favour of these two the other polítical pal present Constitution. question now being happened is that the each other to carry O Since the last ge to the protractedethr people witnessed we gaining power. Subst to tempt wavering M. paid to policy or pri position, COrrupting While the governing opposition UNP has government and regi
Whatever fate t Parliament, the realit ofice for the next fi stands now, it mayb sition parties to vote Opposition parties Ca prised of disparatep
 
 
 

TAMILMES 3
a Government of Peace And ReCOnciliation
he grip of a deepening political Crisis. At the Centre of this Crisis andrika Kumaratunga whose recent actions in her capacity as Exve drawn widespread condemnation not Only from Opposition politirom widersections of civil society. Even some of herhitherto genue begun to question the propriety and wisdom of her decisions. tions to the contrary, there is no doubt that her decision to prorogue ly was motivated by political expediency. The governing Peoples ity in parliament On 22 June when the Sri Lanka Muslim Congress, rtners, defected to the opposition. The opposition parties led by the -Confidence motion against the government and sought an early er, the governing party tried to postpone the debate until August 6 Ie in the expectation that it could in the meantime shore up its numy delaying the Vote, the government also kept open the Option of t and holding early elections. The last parliamentary election was ), and in terms of the Constitution, parliament cannot be dissolved sed. Governing party strategists calculated that if the no-confidence until August, then the President would be able to prorogue parliaand then dissolve parliament in October leading to early elections in party expected to secure a majority of seats. But the opposition to what the governing party was up to and submitted a petition a majority in parliament-requesting the Speaker to fix 18 July to aced with the prospect of certain defeat of her government if the and voted upon, the President prorogued parliament for 60 days, resident has been denounced as a clear Subversion of the basic Ces of parliamentary democracy. wing the prorogation of parliament, the President also announced a referendum On 21 August. The question the people are asked to indum reads: "is a new constitution as a matter of national impor1eeded for the COuntry?"Heraction in this regard has been Criticised tly diversion Serving absolutely no purpose other than to provide a the Suspension of parliament by its prorogation. Almost all major publicly stated that a new constitution is necessary to replace existA and the UNP went before the voters last October in the parliamenganew Constitution and the Overwhelming majority cast their votes ) parties thus indicating their wish to have a new Constitution. Even ties that won seats in parliament supported the replacement of the Therefore it can be said that the people have already answered the Josed at the 21 August referendum in the affirmative. But what has SetWO major parties have so farmiserably failed to Collaborate with ut the people's mandate. neral election, instead of Working together to bring about a solution lic Conflict and to produce a Constitutional reform package, what the as a shameless struggle by these parties for retaining power or retantial Sums of money or promise of positions of power was on offer Ps to CrOSSOver from One side to the other without any regard being ciple Or personal or political integrity. In the pursuit of power and the democratic process had become an overriding preoccupation party has been desperately seeking to retain its hold on power, the been devoting all its energies solely to the task of Overthrowing the ain poWer, he PA government may face because of the loss of its majority in y is that Mrs Kumaratunga is Constitutionally entitled to Continue in ve years as the elected President. As the parliamentary equation e that the PA government can be toppled by mobilising all the oppoagainstiton the no-confidence motion. But it is doubtful whether the in provide an alternative stable government. The Opposition is Comolitical parties with sharply contradictory policies. One cannot envis

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4 TAMILTIMES
age the prospect of the JVP, TULF, TELO, ACTC and SU (Sihala Urumaya) sitting together in harmony in a cabinet of a UNP-led coalition providing a stable alternative government.
It cannot be denied that the prorogation of parliament and the announcement of a Costly and meaningless referendum have aggravated the pre-existing Confrontational nature of politics relegating to the background the most important problems facing the country. As a first step to reduce the Current level of confrontation, the prorogation of parliament should be rescinded and the proposed
referendum Cancelled.
The hard reality that has to be recognised is that neither of the
Daring Suicide
In one of their most daring military operations, about 20 LTTE suicide bombers attacked the military airbase at Katunayake and the adjacent Bandaranaike International Airport, 20 miles north of the Sri Lanka's capital Colombo At the end of a fierce six-hour battle that began before dawn on 24 July, 13 Tamil Tigers and seven security personnel lay dead and hundreds of millions of dollars worth of aircraft destroyed smouldering on the tarmac.
Three of the Suicide bombers blew themselves up while security forces in a fierce shootout killed 11. Seven security personnel were killed in the fighting and 12 were wounded. Two civilians were also injured in the crossfire - Palitha Senarath Yapa, a journalist of the Rupavahini and a Russian engineer working for the Sri Lankan airline.
Following the attack, the international airport shrouded in plumes of black smoke, was closed to traffic, the airport was shut down immediately, outgoing flights cancelled and incoming flights were diverted to Chennai and Thiruvananthapuram in South India. All passengers and other civilian employees in the complex were evacuated to hotels. The police cordoned off the area surrounding the airport and clamped a curfew covering the entire Negombo area and adjacent villages.
Around 3.30am on 24 July, a suicide squad of over a dozen Tamil Tigers, hailing from the Black Tiger wing of the LTTE, with explosives strapped around their bodies, dis
guised in military f ing rocket-propelle tank weapons, 40m ers and general || guns, having firstsa supply in the area perimeter fence to the airbase without launched one of th lar assaults that atti coverage in the inti
In the course more than four hou or damaged eight n cluding four Israeli bombers, one MiG helicopters and thr craft. They also bil and sprayed rock around the cordon before moving int( national airport.
The attack app meticulously pla LTTE’S “do and di Athas, of Jane's I Colombo, said: “ magnitude cannot in two weeks. I si been done over si They chose a tim only Sri Lanka Ai ground and none b airlines.'
As civilians ar fled in confusion into the path of cr attackers and tro about destroying t Sri Lankan Airlin others - five out c er’s fleet of 12 -
 
 

15 JULY 2001
major parties acting by itself or in Coalition with other smaller parties can provide the people with a stable government that is capable of tackling the most important problems presently facing the COuntry - the issues War and peace, democratic and constitutional reform and human rights and humanitarian Concerns.
In this Context, the suggestion that Commends itself as productive, purposeful and practical is the setting up of an Interim Government of Peace and Reconciliation, for a specified short period in a spirit of partnership and power-sharing, Committed to a minimum programme that includes the reactivation of the peace process, Constitutional and democratic reform, the abolition of the Executive
Presidency and substantial devolution of powers.
:d grenades, antimgrenade launchurpose machine botaged the power , cut through the penetrate deep into being noticed and eir most spectacuacted widespread ernational media.
the battle lasting Irs, they destroyed military aircraft in-built Kfir fighterG 27, two combat ee small trainer airew up an oil dump ets and tracer fire ed-offairbase area the civilian inter
ears to have been nned in a typical e' operation. Iqbal )efence Weekly in An attack of this have been planned spect it must have x or eight months. when there were lines planes on the elonging to foreign
dairport personnel nd fear, sometimes )ssfire between the ps, the Tigers set ree Airbuses ofthe s and damaged two the national carrileaving three long
atigues and carry
piles of molten metal in front of the terminal. The loss in respect of the civilian aircraft alone is estimated at S350 million.
As the attackers fought a running battle with soldiers, they left a trail of havoc at the airport with aircraft blazing on the runways. The fires lit up the dawn sky around the airport, witnesses said.
This daring Suicide attack by Tamil Tigers on Sri Lanka's only international airport may have put the final nail in the coffin of a Norwegian peace bid, analysts said in Colombo. “The peace process is now officially non-functional,” said Jehan Perera of the National Peace Council.
The 10-hour blitz through the tightly guarded airforce base and the international next door was typical of the many daring suicide strikes by the LTTE described by many international analysts as the most formidable and ruthless guerrilla organisation in the world.
For instance, in January 1996, a suicide squad of Black Tigers drove through the streets of Colombo a truck laden with a large quantity of explosives and rammed it into a building complex housing the island's central bank turning the 15 storey-building into rubble and leaving over 100 persons dead and over 1200 injured. They have carried out many similar daring operations before and since including the present one.
Among the aircraft that were destroyed on the ground were those on which foreign tourists had just alighted from destinations such as

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15 JULY 2001
Maldives. According to officials, one mortar was fired into the transit lounge and commandos killed one of the assailants within the terminal building. The charred body parts of others including the one who was thought to have set off a suicide bomb inside the terminal building were later seen strewn among the bullet ridden suitcases, clothing and shattered glass panels.
“The attack demonstrates the ability and willingness of the LTTE to select targets without regard for the safety of civilians, including tourists,' the U.S. State Department said in a travel warning issued after the latest attack sent scores of tourists scrambling for cover.
The attack sent hundreds of workers and passengers - from Australia, Britain, France, Germany and Italy, India, Pakistan and the Maldives - scrambling for cover as gunfire and explosions ripped through aircraft.
In spite of the continuing 18-yearold armed conflict between government troops and the Tamil Tigers and while most fighting has been confined to the country's north-east turning the area into a virtual war-zone, tourism, the country's main revenue earner, has continued to flourish in the north-central, central, western and southern parts of the country though there have been sporadic major attacks by the Tigers in the capital Colombo and other areas outside the north-east. But the latest attack on the airport and the harrowing ordeal the tourists, caught up in the battle that raged between the troops and the Tigers, must surely cause irreparable harm to the island's tourist industry.
“There were people running everywhere and ducking for cover under counters,' said Australian businessman Noor Crookshanks. “There were several children... some wailing, and anxious parents were trying to rush them to safety in a flurry,” he said.
“I’ve never been so scared in my life,” said Astrid de Jong, who was waiting for a flight back to the Netherlands when the gunfire broke out, adding "Sri Lanka is beautiful, but I'm not coming back until this is all over.' The island's tourist industry is certainly bound to be a casualty due to the latest LTTE attack. Arrivals in the
first four months of above 7 per cent c riod in 2000 when about $375 million The LTTE atta and the airbase co l8th anniversary ( grom ofJuly 1983. Analysts also t was also designed ti tary's airpower, wh to contend with. O1 warned the Gov bombing LTTE po ries of air raids dur in the north whic scribed as “provoc Even as the Wr tary and civilian ai dering on the tarma airforce launched ikes against Tamil the north of the isla will do little to ar question as to how Tamil Tigers manag heavily guarded K and the adjoining c Security at the a port is normally ve tiple roadblocks. N lets are searched at Bandaranaike airp apparently Smuggl side this high-secu cover of darkness necting the Negom airbase.
But the questio attackers managec airbase and the a protected by the ti curity.
Sri Lanka has i of commandos trai ing operations, but ployed to guard tl terminal even tw neighbouring airb: said.
The military a tablishment has be severe criticism f prevent this debacl devastating opera location where se pected to be excee the state-run Daily criticises the milit of the lapses coul

TAMILTIMES 5
this year were up ver the same peSri Lanka earned from tourism.
k on the airport incided with the if anti-Tamil po
elieve the attack ) weaken the miliich the LTTE had July 2 the Tigers rnment to stop sitions, after a seing June this year h the Tigers deative aggression'. :ckage of its milifleets lay smoulc, the Sri Lankan retaliatory air-strTiger positions in nd. The air strikes swer critics who 15 to 20 suspected ged to infiltrate the atunayake airbase :ivilian airport.
irbase and the airrytight with mulormally even walthe entrance to the ort. The attackers ed themselves inrity area under the using a canal conbo lagoon with the
n remains how the to penetrate the irport supposedly ghtest possible se
ts own crack team ned in anti-hijackthey were not dehe aircraft and the o hours after the ise was hit, police
nd intelligence escome the target of fr having failed to e. “How could this ion take place in a urity could be exlingly tight,” asked News, which rarely ury. “The enormity be gauged by the
realisation that the terror operation could have been months in the making and under the very noses of the law enforcers,' it said.
What is worse is the report that the Tiger suicide squad numbering around 20 enjoyed a picnic near the tightly guarded international airport and adjoining military airbase before launching their devastating attack.
It would appear that the attackers had used a luxury 26-seat coach to get near the military and civilian aviation complex, and the police are now trying to track the whereabouts of this vehicle.
Despite the enormous damage resulting from the LTTE attack, Sri Lanka's international airport was reopened on the day after the attack. The first flight was UL 679 with 160 passengers from Sydney, diverted to Madras just before it was to have landed at almost the exact time when the attack was launched by the LTTE on the previous day.
The President has ordered a full inquiry into the incident. A statement issued on behalf of the President and the Government, while calling "onalpeople to act with calm and restraint,” said that the "Government will remain undeterred by this attack, and will not be weakened in its resolve to save the public in general and the Tamil people in particular from the terror of the LTTE.” Reactions to the LTTE attack were typical reflecting the current polarisation that characterises the island's politics, specifically the acrimonious relations between the ruling and the opposition parties. While the governing party accused the opposition UNP of not condemning the LTTE attack, the UNP has blamed for abrogating its responsibility “to ensure the safety of life and property of the people of this country.”
The Janata Vimukthi Peramuna (JVP) in a statement said“The President should take the responsibility for the present situation that followed the dawn attack by LTTE.”
As the devastated airport and the airbase were cleared, the authorities were also dealing with the remains of the 14 unidentified and unclaimed men, some who blasted themselves to pieces and others who were killed in the “Battle of Kattunayake'. O

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6 TAM TIMES
O TWO KILLED
IN PROTEST MARCH Sri Lankas political turmoil spilled onto the streets of its capital on Thursday 19 July as two persons were killed and over 60 injured on 19 July when armed police tried to prevent thousands of demonstrators participating in a march which had been banned from entering the capital for an opposition United National Party (UNP)l organised rally to have been held in Maradana in the capital later in the day. Life in Colombo was brought to a standstill during six hours of pandemonium as police failed to stop angry demonstrators slipping into the city in defiance of a ban demanding the resignation of President Chandrika Kumaratunga's government, and the re-summoning of parliament.
The main battles between the police and demonstrators took place at Nuge-goda just outside Colombo where UNP's Assistant Deputy Leader Gamini Athukorale was leading group of more than 7,000 people trying to enter the city and at the Peliyagoda junction where the party Deputy leader Karu Jayasuriya was lead-ing a crowd of over 10,000. The younger UNP MPs including former president late Ranasinghe Preamdasa’s son Sajith Premadasa and former presidential candidate late Gamini Dissanayake's son Navin Dissananyake were leading large groups of protesters. The police blockaded all entrances to the city center with jeeps and buses, saying they would not allow the marchers to "disrupt life in Colombo." The police liberally fired rubber bullets and teargas canisters and baton charged crowds of demonstrators who attempted to breach police barricades. In the city's two main hospitals, most of the 60 wounded were treated for wounds from rubber bullets fired at close range or lacerations from police batons. According to medical circles, one of the two dead was hit by live ammunition and the other by rubber bullets.
Tamil United Liberation Front (TULF) MP, Mr V Anandasangaree, said that by stopping people from holding a peaceful procession and rally, President Kumaratunga was infringing the right to free movement and free speech. "The country is heading towards dictatorship. The Chandrika
Kumaratunga gov6 people to revolt,”h A Statement issu Government said, wishes to express its the loss of lives cau test campaign cond on Thursday and lences to the bereave tives. It also wishes row at the injuries c hoped they would n ery.” The stateme Government howev ate that the UNP lec der Ranill Wickreme full responsibility caused to life and fortunate situation provocative acts or position using thug political objectives The death of a from bullet wounds many more as a res against a predomin onstration in Colo use of excessive f the police, the Lol tional human right nesty Internationa the police action.
Amnesty Inte demned the invok erendum Act by til Act bans all proc calling of a refere result is announc Day, religious or and the latter must that may affect th Political analy said the huge num filled streets Thur opposition a boos' have returned drar stage of politics t
 

15 JULY 2001
nment is driving
said. ed on behalf of the
"The Government
deep sorrow about sed during the proucted by the UNP 2xtend its condod famílies and rela
to express its soraused to others and nake a quick recovit added that "the er wished to reiterI by opposition leasinghe should bear y for the damage property. This unwas the result of the ganised by the Opto achieve its petty
t least two people and the injuring of ult of police action untlypeaceful demmbo constituted the orce on the part of don-based interna
organisation, Am
, said condemning
national also conng of the 1981 Refe government. The ssions between the dum until after the d, other than May social processions, lot contain anything referendum result.
t Dayan Jayathilake ars of protesters that lay should give the "Opposition parties atically to the center garnering the par
ticipation of thousands of supporters," he said.
The country appears set for political and civil unrestas opposition parties planned more anti-government protests, a day after the violent incidents of the previous day which saw two persons killed and over 60 injured.
UNP leader Ranil Wickremasinghe said he and other leaders would meet soon to plan their next action to force the hand of President Kumaratunga to re-summon parliament to face ano-confidence vote against her government.
"We will take our campaign to every village, this is just the beginning, We are going to do everything to see that the democratic rights of the people are protected. They are very dear to all Sri Lankans,” Mr Wickremesinghe told reporters.
O REFERENDUM
The proclamation by the President on 10 July following the prorogation of parliament and directing the Commissioner of Elections to hold a referendum has attracted widespread criticism not only from opposition parties, but also from many civil rights organisations, academics and civil society leaders.
The question that the voters are asked is whether the country's constitution must be changed or not.
According to the President, the constitution making exercise following the referendum is to begin from sratch, setting aside the draft so painstakingly prepared by a Parliamentary Select Committee (PSC) over a period of two years and placed before Parliament on 3 August 1997 which was withdrawn later following the refusal of the UNP at the last moment to support it. The exercise is expected to begin in right earnest af. ter the referendum, assuming that a majority says “yes” to a change in the constitution.
"This Constitution necessarily must be changed some day by somebody, if a stable Government capable of solving the burning problems of the country were to be established,” she said addressing meeting with trade union representatives on 20 July.
Expressing frustration at the failure of her previous efforts, the President said that all efforts by her government to change the Constitution since 1996

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15 JULY 2001
were thwarted due to the inability to obtain the two thirds majority in Parliament under the present system of representation. It was due to this reason that the Government decided to hold a referendum to obtain a clear mandate from the people and the decision was by no means a step to avoid being defeated by the no-confidence Motion."
The need for a new Constitution has arisen more than ever before, because the 1978 Constitution and the electoral system presently in operation has prevented the formation of a stable government working majority, she said.
She promised to consult the Maha Sangha (the Buddhist clergy), leaders of ethnic minority communities, scholars of eminence, and all political parties before finalising the new constitution. She said that a draft of the new constitution would be placed before parliament as a bill“within a short period”.
Though the President did not indicate the changes to the Constitution she had in mind at this meeting, in her latest TV broadcast, she highlighted the need for the abolition of the executive presidency, changes to the electoral system and the setting up of independent commissions to be responsible for the judiciary, public service and conduct of elections. Significantly she did not mention devolution of powers to the regions or provinces as anarea of her concern. However she said that the only solution to the ethnic crisis was theimplementation of the new constitution in which the issues of the minorities would be addressed.
Under the new constitution, all elections- Presidential, Parliamentary, Provincial and Local Government polls would be held on the same day, she added. Almost all the opposition parties have formally expressed their support for the pot symbol indicating their opposition to the call by the government to change the constitution at the forthcoming referendum. The TULF however has not made a formal declaration as yet,
The decision to ask the public support for the pot symbol according to most political parties is a tactical move to thwart government efforts to subvert democracy. "There are serious doubts as to how the government will interpret a positive mandate. So we are call
ing for the people to tive,” SLMC leade said. UN P’s media Karunasena Kodituw the UNP would bes symbol.
The JVP howeve that while the party Election Commissic support the pot sym termined what it wo
The sole ACTC M rthy said that his pa for a rejection of the for constitutional ch not be possible to pi dum.
"It does not seer vent the referendum the people to vote fo he said. He will pro August 3 and hold r to call for support fo tion.
TULF Vice Pre: sangari said that his decided nor inform Commissioner of it referendum. “This is ter. We will make Central Committeer 4. We don't want to way or another. But tell the people that trying to cheat them cide,” he said.
The Sihala Urul that it will support stop the dismantling tus of the constitutio
In spite of earlie trary, the JVP is del referendum and it ca reports that the part the referendum. Th not participate in the tions led by opposi the UNP on 19 July in different parts of than in Colombo, ( what it described a dictatorship and to erendum”, and calli moning of parliame
The JVP said it rule-book which prc tions and protest in run-u to the refere campaign will be he existing rules and ri

TAMITES 7
vote in the negar Rauff Hakeem spokesman Dr akku too said that upporting the pot
took the position had informed the ner that it would pol, it had not deld tell the people. MP Vinayagamooty too would call government's call ange as it would event the referen
n that we can pre... We will call for r the pot symbol,' ceed to Jaffna on neeting till the 15 ir his party's posi
sident V Anandaparty had neither ned the Elections s decision on the a very serious mata decision at our meeting on August say anything one we will definitely the government is and let them de
maya's position is the pot symbol to of the unitary sta
).
reports to the coninitely against the tegorically denied y was "neutral' on ough the JVP did protest demonstraion parties led by , it held 21 rallies the country, other in 24 July against s "the President's the fraudulent refng for the re-sumnt.
would abide by the hibited demonstraarches during the ndum. “Agitation ld totally under the gulations. Colom
bo city was not specifically selected as the police, like last week, would prevent people from the outstations travelling to Colombo,” a party spokesman said.
Sixteen political parties including the PA and its constituents - LSSP, CP and SLMP as well as the MEP which is now a member of the government had indicated that they would campaigning for a 'Yes' vote at the forthcoming August 21 referendum while 17 parties including the UNP, TULF, SLMC, Sihala Urumaya and the United Lalith Front will be campaigning for a 'No' vote, information submitted to the Commissioner of Elections reveals.
According to information given to the Commissioner of Elections, political parties backing a 'Yes' vote are:- Eelam People’s Democratic Party, United National Alternative Front, United Socialist Alliance, People's Liberation Solidarity Front, Desha Vimukthi Janatha Pakshaya, People’s Alliance, Democratic United National Front, Mahajana Eksath Peramuna, Ruhunu Janatha Party, Lanka Sama Samaja Party, The Liberal Party, Sri Lanka Freedom Party, Sri Lanka National Front, Sri Lanka Progressive Front, Sri Lanka Mahajana Pakshaya and Communist Party of Sri Lanka.
Political parties backing a 'No' vote are:- United National Party, United Lalith Front, Eksath Lanka Podujana Pakshaya, United Socialist Party, Eksath Sinhala Maha Sabha, People's Liberation Front(JVP), Up-country People's Front, The National Union of Workers, National People's Party, Jathika Sanwardhana Peramuna, Tamil United Liberation Front, Democratic Workers Congress (P Wing), Democratic Left Front, Sri Lanka Muslim Katchi, Sri Lanka Muslim Congress, Socialist Equality Party, Sihala Urumaya and Sinhalaye Mahasammatha Phoomiputra Pakshaya.
“Neutral Political parties:- Illankai Tamil Arasu Katchi, Eelavar Democratic Front, Eelam National Democratic Liberation Front, Tamil Eelam Liberation Organisation, New Left Front, Nawa Sama Samaja Party, Puravesi Peramuna, Democratic People's Liberation Front, People’s Freedom Front, Muslim United Liberation Front, People's Front of Liberation Tigers and All Ceylon Tamil Congress.

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8 TAMILTIMES
O IMPEACHMENT MOVE
AGAINST PRESIDENT Sri Lanka's opposition political parties on 20 July appointed a panel to draw up articles of impeachment agaiinst President Chandrika Kumaratunga whose government has been reduced to a minority in Parliament.
A five-member committee of Opposition legislators was named at a joint meeting of opposition parties which claim to have the support of 1 15 MPs, a majority in the 225-member assembly.
“We have agreed to have a committee of experts to draw up the chargesheet against the president and have it ready for approval by all the constituent members of the joint opposition in less than two weeks," a spokesman said.
He said the decision was taken at a meeting in the Parliament building. The building itself has been shut down following the prorogation of the Parliament by the President until September 7 in a move to prevent a near certain defeat of her government in a vote of no-confidence.
The Opposition move to impeach Kumaratunga is designed to preventher from dissolving Parliament after October 10, when the assembly completes one year since the last general elections, and holding parliamentary elections with a view to securing a majority of SeatS.
To get the Speaker to consider or entertain a motion of impeachment against the President, a simple majority in Parliament is enough. But the opposition would like to have two thirds of the MPs to sign the motion because the Speaker would then have no alternative but to accept it.
The opposition knows that two thirds is not easy to get, because as of now, it has only 115 out of the 225 MPs with it. It will need 150. Given time, we are likely to get two thirds, because there are democratic minded MPs on the government side too,” said an UNP MP.
The UNP led opposition is worried about as to what position the Speaker, Mr.Anura Bandaranaike, who happens to be the younger brother of the President, would adopt in regard to any impeachment motion. Hence the bid to secure a two-thirds in support of the motion.
O PROROGA RULES TH Speaker Anura ) July rejected a req parties urging him liament that had be President 10 July.
In a letter addr of the Opposition singhe, the Speaker to prorogue Parlia President by the ( expressly qualified for its proper exerc the Speaker's letter "I refer to the C me by you, as Lea tion along with cer have signed the not confidence in the g handed over to me tained therein, and t missions given to P.C. Having given tion to the aforesai reply as follows.
The power top by Proclamation President by Articl stitution has been suance of the Proc brought the sessio end, subject to the cle 70 (4) which all of all matters that posed of at the tim be proceeded with, sion that is due to Sept. 2001. Assu Proclamation does taint of invalidity a tive, no Parliamen conducted during period.
Unless the Prc the document, bea lidity which precl the Constitution ha ferred on me anyji authority to inquil pronounce thereo dence and cannot Proclamation on a The power to: vested in the Presi is not expressly q condition for its p there indication of need to be fulfille of the reasons wh

TION STAYS, E SPEAKER Bandaranaike on l 5 uest by opposition tO re-Summon Parn prorogued by the
'ssed to the Leader Ranill Wickremesaid that the power ment vested in the 2onstitution is not by any precondition ise. The full text of
reads: iscussion had with der of the Opposiain other MPs who ice of motion of no overnment that was und the request conhe note of legal subme by Mr. Choksy careful considerad matters, I have to
rorogue Parliament vested in H.E. the e 70 (1) of the Conexercised by the islamation which has n of business to an provisions of Artiows the continuance have not been disle of prorogation to during the next ses
commence on 7th ming that the said not suffer from the ind is legally operaary business canbe the inter-sessional
clamation, ex facie rs evidence of invaides its acceptance, snot expressly conrisdiction, power or e into its validity or . I find no such evitherefore reject the ny such ground.
pronogue Parliament lent by Constitution ualified by any preoper exercise, nor is he requirements that i or as to the nature ch may prompt the
5 JULY 2001
exercise of the power. The only fetters placed on the exercise of the lowers of the President, of which I can take cognisance are to be found in the proviso to Article 70 (3) which do not arise for consideration in this case.
I have considered the submissions that the President is by virtue of Article 42 of the Constitution responsible to Parliament for its exercise as a ground for subjecting the exercise of the power of prorogation to the control or review by Parliament. I am not persuaded that this is a sufficient basis for me, as the Speaker of Parliament, to review the decision of the President to prorogue Parliament on the alleged ground that the prorogation was calculated to thwart consideration of the motion of no confidence that was sought to be moved in Parliament.
While the motives for issuing the Proclamation of prorogation may be open to objection or criticism as a misuse of power, I do not find it possible to infer therefrom any implied power vested in me, as your Speaker, to override the Proclamation of prorogation, re-summon Parliament and continue with the conduct of Parliamentary business that was intended to be transacted in the session that terminated with the impugned act of prorogation.
While I am at all time conscious of my duty and responsibility to protect and safeguard the rights of Parliament, yet I do not think I can exceed the legal limits of the powers which the Constitution has conferred on me in the course of that endeavour. Though, my own personal opinion may beat variance with what has been done on this occasion in the matter of the prorogation, I am myself bound by the Constitution and cannot therefore overstep the limits of my powers,
For these reasons, I am sure it will be appreciated why I cannot accede to the request made by you.'
The Speaker's ruling has angered many in the UNP leadership who have expressed doubts about his "loyalty' to the party which he belongs, the UNP. Anura Bandaranaike crossed over from the SLFP to the UNP to become one of its leading figures in a fit of spite against his elder sister, Chandrika Kumaratunga, when the latter became the leader of the SLFP. Besides his ruling on the subject of prorogation,

Page 9
15 JULY 2001
Anura's decision to go abroad on 21 August at a time when the country is embroiled in serious political crises due to the prorogation of the Parliament and the impeachment motion against the President to be moved by the opposition is to be handed over to the Speaker is seen by his doubters as a deliberate attempt on his part to evade facing his responsibilities as the Speaker and as a member of the UNP. Though Anura's foreign trip was planned and arranged long before the current political crisis developed, Anuras detractors are spreading the story that his decision to go abroad at this critical time is motivated by his inherent 'brotherly affection' for his sister President. They say, "blood is thicker than water' and that is what is determining Anura’s action.
It is in this backdrop, that Anura's former secretary, Laj Wickramasinghe, has revealed a piece of crucial information that had hitherto remained secret and unknown to the public. According to him it was Sunethra Bandaranaike (his eldest sister), Harry Jayawardena and Krishantha Cooray who negotiated the terms under which the Chandrika Kumaratunga, as the Peoples Alliance leader, agreed to give her approval of and support for Anura being elected as the Speaker. One of the conditions Anura agreed was to hand over (which he did) an undated letter of resignation from the post the Speaker to the President.
O A. ON THE RIGHT
TO PEACEFUL PROTEST The death of at least two people from bullet wounds and the injuring of well over 30 more as a result of police action against a predominantly peaceful demonstration in Colombo on Thursday (19 July) constituted the use of excessive force on the part of the police, the London-based international human rights organisation Amnesty International said in a statement on 20 July condemning the police action.
Achinte Perera from Algama and Manjula Prasad from Janpatha St, Colombo 15, both supporters of the United National Party (UNP), died whilst participating in a peaceful protest called by a coalition of opposition parties in Sri Lanka. The post mortem reportedly reveals that death was caused by live ammunition from a T56 automatic
weapon, the type u the army.
Amnesty Inte demned the invok erendum Act by t Act bans all proc calling of a refere result is announc day, religious or sc the latter must not may affect the refe is an absolute infri to freedom of ex bly. People of all || must recognize a er's right to gathe press their opinic their safety,” An said. The organize these rights are no anteed by the state ing up to the refe1 increasingly viole result in many n rights violations.
It is reported t of people who too demonstration \ peaceful. Amnesty reports of arms be ing fired by the d who did indulge stones from the str lice have admittec tion, rubber bullet is also film footag handing a large kı viliam clothes thoi of the security fo one of the govern Amnesty Intel Sri Lankan authc Nations Basic Pri Force and Firear ment Officials w event, intentional may only be mac voidable in order “Exceptional circi ternal political in public emergency to justify any dep sic principles.
Amnesty Int President of Sri La enforcement age serve these princ rent tense political on her to ensure th the right to freed

TAMILTIMES 9
sed by the police and
rnational also coning of the 1981 Refhe government. The 2ssions between the ndum until after the :d, other than Maycial processions, and :ontain anything that rendum result. "This ngement of the rights pression and assempolitical persuasions nd respect each othr peacefully and exns without fear for Inesty International |tion is fearful that if t observed and guar: that the period leadrendum will become nt and polarised and nore serious human
hat the vast majority k part in Thursday's were unarmed and International has no ing used or shots beemonstrators. Those in violence threw eet. However the pousing live ammuniis and tear gas. There ge of a police officer nife to a person in ciught to be a member rces or a member of ment parties.
national reminds the orities of the United nciples on the Use of ms by Law Enforcethich state: "In any lethal use offirearms le when strictly unato protect life' and umstances such as instability or any other may not be invoked arture from these ba
arnational urges the Inkato instruct all law ncies to strictly obiples during the cursituation. It also calls at Sri Lanka observes om of expression and
assembly which will assist in defusing the high tensions.
O REFERENDUM, A COSTLY
DIVERSION - CRM Prorogation of Parliament, when a no-confidence motion is pending, though apparently permitted by the Constitution, is not in the spirit of democracy. The discretion to prorogue Parliament should only be used for good reason that is clearly in the national interest, the Civil Rights Movement has said in a statement.
The referendum is a costly diversion which appears meaningless due to the way it is phrased, which is as follows: "Is a new constitution as a matter of national importance and necessity needed for the country?"
The people are being asked whether they want a new Constitution, without it being specified what this Constitution would be.
Since all major political parties have stated publicly that there should be a new Constitution, they should as a matter of urgency communicate this formally to the President, together with a commitment to actively engage in a constructive process of formulating a constitution which could command the necessary majority. The Referendum should then be cancelled. This would enable attention to be concentrated on the pressing problems that face the country, by far the most urgent of which is the armed conflict that daily causes untold misery to thousands. The people have a right to expect their representatives to act responsibility in the national interest.
O CALL FOR A GOVT OF PEACE
AND RECONCLIATION "The President's decision to prorogue Parliament in the face of a 'No Confidence Motion' against the government and a petition signed by a majority of the members of parliament calling for an early debate on the Motion, is clearly a subversion of the basic principles and practices of parliamentary democracy. The integrity of the parliamentary process is called into question when Parliament is prorogued for expedient and partisan reasons. Furthermore, the decision to hold a non-binding referendum during this period is a cynical attempt to divert attention from

Page 10
10 TAMILTIMES
the blatantly anti-democratic act of prorogation by executive fiat.
"In addition, the wording of the question to be placed at the referendum - "Is a new constitution as a matter of national importance and necessity needed for the country?" - shows a measure of contempt for the public's understanding of the issues relating to constitution making. The objective of the referendum needs to be clarified. There is confusion as to whether it is purely consultative or the first step towards the adoption of a new Constitution through extra-Constitutional means, The Constitutionis asocial contract among all the groups and communities living in a society. It should be an agreed text based on a broad consultative process as well as a multiparty consensus. In the absence of this, to even attempt to frame constitutional issues in a yes/no format at a referendum, is to question the very legitimacy of the process of Constitution-making. "The confrontational nature of recent political developments compounds the current national crisis and relegates to the background the key issues of the war, related security, economic and humanitarian concerns, questions of governance and the spiraling cost of living. Given the above and the inability of any one political formation at present to form a stable government on its own, we believe that a coalition of forces around a minimum programme of peace and democratic reform for an agreed period of time, is necessary for the country. Accordingly, we urge the immediate rescinding of the Presidential orders proroguing parliament and calling for a referendum. We also recommend the setting up of a 2-year Interim Government of Peace and Reconciliation in the spirit of partnership and power sharing, committed to advancing the peace process and democratic reform. This government should comprise the incumbent President, a Prime Minister who commands the confidence of Parliament and representatives of political parties who agree on a minimum programme of peace and democratic reform. Our proposal is not to be confused with proposals from sections of civil society and the polity that favour the setting-up of a "National Government with the objective of excluding minority parties and prosecut
ing the war.
"We totally rejec vour, instead, is the terim Government ( onciliation to imple Programme which ir ing elements: 1. Re peace process; 2. ( forms including th Executive presidenc five Independent C toral reforms, substa powers and a comm the protection of hu strengthening of th Commission and Hu mission.
"We appeal to a to rise above partisa dress the current c members of civil so promote democracy critical juncture in c The signatoriest are: Sunila Abeysek maraswamy, Suna Rohan Edrisinha, K nathan, Paikiasoth Jeevan Thiagarajah
O REFERENDU FOR DEVOL The ultra Sinhal Urumaya said that erendum on the nee tution was but a ru: the backdoor the r package that the P. push through earlie Mr.Tilak Karun maya leader and fo his party had told th ssioner that it woul changing the consti to the referendum pointed out that Pres had not mentioned c. set out her ideas on in her telecast. Wha was the need to rei Presidency and the pendent commissi work of certain ke Mr. Karunaratne sa could well have be ugh an amendment stitution because t ment would have e without any fuss. attempt to bring in

this. What we faormation ofan Inf Peace and Recment a Minimum cludes the follow-activation of the onstitutional reabolition of the 7, establishment of ommissions, elecintial Devolution of itment to enhance man rights. 3. The existing Bribery man Rights Com
ll political parties n interests and adrisis. We call on ciety to defend and and peace at this ur history.” o the above appeal ere, Radhika Coonda Deshapriya, etheshwaran Logay Saravanamuttu, and Joe William
IM, A RUSE UTION a nationalist Sihala the August 21 ref. d for a new constise to push through ejected devolution resident wanted to
r. aratne, Sihala Ururmer MP, said that e Election Commi
campaign against
tution in the run up on the issue. He ident Kumaratunga evolution when she a new constitution she had mentioned lace the Executive setting up of indeons to oversee the state institutions. d that these things en introduced throto the present convo thirds of parliadorsed the changes Now, there was an he old and rejected
15 JULY 200
devolution package through a vague referendum. If the majority said "yes" to the question on the need for a new constitution, it could be taken as ablank cheque to bring in any kind of constitution including one with the discredited devolution package.
O DEMOCRATIC PROCESSES
MUST BE SUPREME The National Peace Council in Sri Lanka, in a press release issued on 12 July said, "President Chandrika Kumaratunga's decision to prorogue Parliament until September 7 and to conduct a referendum on August 21 to obtain the people's consent for a new constitution have come at a time when a motion of no-confidence against her government was to be placed before Parliament. The democratic governance ofa fragmented and multi-ethnic society that is trapped in a civil war is not like a game of chess, in which pieces can be moved about at will to win the game. On the contrary, the governance of a country is a responsibility of the most serious proportions in which the legitimacy of institutions has to be preserved and the very lives of the people are at stake. As a politically non-partisan civic organisation, the NPC stands for the integrity of democratic processes which must not be used for purposes of partisan political advantage.
"By suddenly proroguing Parliament, the President has effectively blocked Parliament from proceeding with the no-confidence motion against her government and thereby prevented a legitimate democratic process from unfolding. Further, the President has announced an unexpected referendum on a yet unspecified new constitution at a time when the ethnic conflict is still far from being resolved and the war between the government and LTTE continues.
"On the last occasion when the government presented a constitutional bill before Parliament, it was scuttled by the opposition which even burnt copies of the draft constitution in Parliament. While that was not responsible conduct on the part of the opposition, the present process that the President has adopted is one that is at variance with generally accepted principles of conflict resolution. In a metaphorical sense, it appears as if the cart is being placed before the

Page 11
15 JULY 2001
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horse. The National Peace Council expresses its grave concern at the recent political developments which could aggravate the present political crisis and lead the country further down the road to instability and division. But we believe that steps taken can also be retraced. We reiterate our position expressed last week that the national priorities that the politicians need to address are first, to recommence the Norwegian-facilitated peace process in a reinvigorated manner to enable a ceasefire, and to work out the framework of a possible negotiated political settlement with the LTTE. Second, to set up the independent commissions which, by common consent, are deemed to be essential for the good governance of the country and ensure that they too serve the purpose of inter-ethnic justice and reconciliation.
“We repeat our call on the people of our country, who are suffering from the consequences of the prolonged war not to be misled by the rival political forces who are prepared to use various means to retain or obtain political power. The arrest of student activists
in Jaffna on the ch supporters has ge) public protest in t have observed the fears and antagonis tions of the people other. The heavy-l ofpopularmoveme to the people's ye. man rights and de call on the people : ganisations not to strengthen their o' detriment of natic also call on the go ate with the oppos vise a suitable pol which unilateral a litical consequenc any more. We ca jointly take steps t tions with the LT people's consent f form may be obtail The LTTE can cor ess by itself engag litical gestures ins the government an settle their differen
 
 
 
 
 

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arge of being LTTE nerated widespread he north-east. We use of communal sms to mobilise sec2 to one side or the handed suppression nts is not the answer arning for their humocratisation. We and civil society orpermit politicians to wn positions to the nal harmony. We vernment to negotition and jointly detical framework by ctions of grave po2 will not be taken ll on them to also ) engage in negotiaTE, after which the pr constitutional reled at a referendum. tribute to this procing in positive potead of waiting for d opposition to first ces. At a time when
the confidence of the general public in political parties and politicians has been eroded to a great degree, the people's confidence in democratic and peaceful conflict resolution processes needs to be carefully nurtured and not undermined.”
O JOINT CALL FOR A YES VOTE A Joint statement by SLFP-LSSPSLMP-NSSP Members of Western Provincial Council states: The main factor that led to the present political crisis is the attempt to form a "National Government". It was the attempt of the chauvinist oppressive forces both within and outside of the Government. It is clear that the suppression of minority agitations, break up of Left forces and the smashing of campaigns of working masses constituted the agenda of this "National' Government. In order to face this challenge, the president has used the power of Executive Presidency to prorogue parliament and set a date for a referendum. This has opened a radical way forward to abolish the dictatorial constitution and to establish

Page 12
2 AMIL MES
a democratic, peaceful condition.
The inability to arrive at a political solution to the national problem and the dreadful militarisation of the entire society, on the other hand, the inability to mobilize the masses to challenge the unfavorable conditions placed by the imperialist system led by the World Bank, created the present crisis. This has affected all sections of the society and the reactionary forces attempt to utilize this hapless condition of the masses to establish a chauvinist oppressive “National" Government. Though this danger has been temporarily countered by the action of the President, it is not eliminated. This threat can be faced only by building a Left- Peace movement throughout the country, that fights to protect the living standards and the welfare of the masses and truly work towards equality, national and regional sharing of political power and general freedom. In the forth coming referendum the question of making a new constitution on the basis of the following four principles is posed:
l.The abolition of the Executive Presidency;
2.To include independent commissions to protect civil and human rights; 3. A mixed electoral system that justly represent the wish of the masses in the parliament;
4. To include provisions for a political solution to give equality, national and regional sharing of political power to all communities, justly and fairly, in order to stop the war and establish peace.
Clearly there is only one answer to this question. We must say "yes". We indicate this is the only answer that can be given for the sake of peace and democracy, even by a person who sharply criticizes and attacks the President and her advisers.
We emphasise that a Constituent Assembly should be called once a mandate is obtained in this referendum. This Constituent Assembly could start with the present MPs, but called at a separate place. But it is incomplete. The Constituent Assembly should have representations from all political parties and orgainzations of both the North and the South, including those who are outside the parliamentary democracy. Similarly to represent the present devolution all Chief Ministers should be in
cluded. Thirdly sev nominated by the P be included.
The Constitue formed could creat defends peace, free and could convert sitional parliament tion process. This done today. The working people, s move along this path. Racist oppre be countered and d arises in the workp or in conspiracy, w m6ImaCe.
Disregarding p appeal to all Left-P up for this historict has been signed b Hon. Minister of Tourism, Probatiol Socical Service, W Vickramabahu K. Western Province N Sec. Nava Sama Sa TiSSa Perera MPC National Organize aja Party, Renuka ern Province, Na gress, Sri Lanka M.
O REFERENDU
SAY THREE A joint stateme lon Mercantile, In Workers Union ( Bank Employees the Confederation dependent Unions current politicals try, takes the view sis has arisenbec ment has lost its m the prorogation ( President, and the dent to hold a na The stateme most important o' ment's loss of m is “the fact that the State of Eme end on 4th July”. union leadership decided to restor and civil liberties been severely s Emergency regi she feared a gov

15 JULY 2001
al reputed experts sident should also
E Assembly thus a constitution that om and democracy self to be the tranhat starts the elecs what should be asses led by the ould mobilize to ogressive radical sive forces should feated. Whether it ace, or in the streets ; should defeat this
rty affiliations, we ace sections to rise ask.' The statement : Mahesh Almeda, ndustries, Fishing, & Child care, and estern Province; Dr arunarathne, MPC lew Left Front, Gen. maja Party; Ananda Western Province, ', Lanka Sama SamPerera, MPC Westtional Youth Con(ahajana Party.
JM FRAUDULENTo JNIONS nt issued by the Ceylustrial and General CMU), the Ceylon Union (CBEU) and of Public Service In(COPSITU) on the tuation in the counthat the political criuse the PA governjority in Parliament, Parliament by the iecision of the Presional referendum. ht laments that the come of the governority in parliament, e President allowed gency to come to an his, according to the not because she had he democratic rights fthe people that had ppressed under the ations, but because nment motion to ex
tend it would have been defeated in Parliament.
"The highly significant fact for the masses to realise is that the war against the LTTE and the maintenance of "security measures by the armed forces does not and never did require the invocation of "emergency powers' to make regulations under the Public Security Ordinance, for the maintenance of public security,' the statement said. The unions denounce the move to have a referendum as being "utterly fraudulent' and claim that it neither indicates what are the changes envisaged, or by whom and by what means any change is to be effected for whatever reason. “We have no reason to believe that the constitutional changes made under the present system will be for the benefit of the working class or the masses of the people. What we need is the organised and independent power of the people, and especially the working people, outside Parliament, for the defence of their interests in the current crisis of global capitalism, in which this country is trapped.'
O VARSITY TEACHERS
EXPRESS OUTRAGE Thirty-nine teachers of the University of Peradeniya have urged the government to desist from its reckless and unprincipled course of action that may have tragic consequences for the nation. A news release signed by these teachers says the government should let Parliament exercise its rightful functions, paving the way for free and fair general elections under the protective cover of new enlightened legislation that would have effectively depoliticised the organs of government.
"As for the referendum the question whether most people want some constitutional change is unnecessary because it is self evident that they do. The question is obscure because it is not formally linked to a precise set of constitutional proposals. It is a worthless diversion because the need of the hour is not constitutional change so much as virtuous governance by selfless men of principle and it is premature because Parliament has not voted on it.
"Consequently this proposed referendum is an exercise in futility and a callous waste of public funds-an insidious way, perhaps, ofinveigling the peo

Page 13
15 JULY 2001
ple to say 'yes' to something they might want, in order to impose upon them something they might detest. Moreover the sordid culture of election malpractice now endemic will surely bedevil the referendum as it did all recent elections,' the release said.
The teachers say they wish to make public the sense of outrage and moral - indignation at the untimely prorogation of Parliament, and the decision by the government to hold a hasty and ill-conceived referendum in complete violation of democratic convention and all norms of decency in conducting affairs of the state.
O NORWAY PEACE BID
ON THE BACKBURNER Norway's attempts to revive its tottering peace bid in Sri Lanka have suffered a major blow due to unprecedented political turmoil in Sri Lanka. President Chandrika Kumaratunga's surprise suspension of parliament earlier this week to head off a move to oust her government has further aggravated the acrimony between her party and the opposition.
"It was essential that there was a bipartisan agreement on the peace process,” an Asian diplomat said in Colombo. "Now that both parties are battling for parliamentary power, the peace process will be on the backburner."
The country seemed on the verge of salvaging the Norwegian peace process when on June 22 Kumaratungaheld closed-door talks with main opposition leader Ranil Wickremesinghe to agree on a fresh initiative.
The meeting quickly degenerated into a political slanging match with Kumaratunga casting the first stone by accusing Wickremesinghe of demanding that a ban on the Tamil Tigers be lifted before talks with the separatist group. Wickremesinghe shot back charging that it was Kumaratunga who called for removing the January 1998 ban on the rebels, declaring a truce and easing economic sanctions against the guerrillas.
Earlier this month, Sri Lanka's Foreign Minister Lakshman Kadirgamar announced that Oslo named a four-member team headed by Deputy Foreign Minister Raymond Johanssen to revive their peace efforts here.
Kadirgamar said the government
was committed to a and that air attacks two weeks ago wer prevent a rebel of northern peninsula The Liberatio Eelam (LTTE), wh pendent state in nor warned that the ail manently damage' they have refrained on the political cris Kumaratunga h bring a new constitu of this year to resol Tamil separatist co store political stabi stopped short of anr or shape the new co Western diplomatss was trying to reinv Kumaratunga in duced a devolutio Tamil demands for but it was shot dow too little and by S. as a sellout to the m The Norway pez owed by political n national parliament both sides of the united in their desir ment fall.
The Tamil par throw the governn fighting the Tam Sinhalese nationali administration out ! to push through de giving more rights for not prosecuting
O COMMISSIO JULY ’83 RC President Chan has appointed a Pre sion to inquire intc nature, causes and ( lations of human ri destruction of propi the course of ethn 1981-1984 with si July 1983.
The Commissio under the Inquiry o in response to nur tions made by a la tional and internati This Commissi worst incidence of e

TAMILTIMES 13
political settlement against the rebels in self-defence to ensive against the of Jaffna.
Tigers of Tamil ich wants an indeheastern Sri Lanka, attacks will “pereace prospects, but from commenting is here. as vowed she will tion before the end te the long-running nflict as well as relity. While she has ouncing what form nstitution will take, aid the government ent the wheel. August 1995 intron plan to address greater autonomy, yn by the rebels as Inhalese hardliners hinority. ce bidis overshadnanoeuvring in the where hardliners on ethnic divide are e to see the govern
ties want to overment because it is il Tigers and the sts want to see the or allegedly trying volution proposals to the Tamils and the war properly.
N TO PROBE )TS lrika Kumaratunga sidential Commisand report on the xtent ofgross viohts and damage or rties committed in c violence during ecial reference to
is being appointed Commissions Act herous representage number of nanal organisations. n will go into the hnic violence com
mitted in the recent history of the country including the destruction of Jaffna Library in 1981. The commission will be known as Truth Commission on Ethnic Violence with a wide mandate to inquire into report and make recommendations so as to prevent recurrence of such violence of human rights in the future and to promote national unity and reconciliation among all communities.
The commission comprises the following:
Former Chief Justice S. Sharvananda, President's Counsel S. S. Sahabandu, and President's Counsel and former MP M. M. Zuhair.
The Truth Commission on ethnic violence has also been mandated to inquire and ascertain persons, groups, and institutions directly or indirectly responsible for such violence and to decide the nature of relief to be provided to such victims or their dependants.
The appointment of members of this commission will be made by the President effective from July 23.
O RAPE: MORE WOMEN'S
ACTION URGED A prominent women's organisation based in eastern Sri Lanka, the Suriya Women's Development Centre, Batticaloa, has called for greater"Women's activism against militarisation and the culture of violence'. This call came in a statement issued by SWDC regarding the recent incident of rape reportedly committed by security forces and police personnel near a check point in Maradana, Colombo.
The SWDC's statement said: "There has been an alarming escalation ofwar-time violence against women. Sexual violence committed by armed forces against Tamil women has been multiplying. Marginalised women are subject to violence by those who are in power that is further entrenched by patriarchy and the culture of violence.
In addition to the recent incidents that happened at Mannar and Kaluthawalai, now what has happened in Maradana explicates the attitude that one can evade punishment if the violation is forced on a powerless and marginalised women.
The major factor that contributes to the persistence and the increase of war

Page 14
14 TAM TIMES
time violence against women is that the violators always belong to the forces of the state. The state, with its accumulated power, always tries to safeguard its forces.
However the state is expected to be considered responsible for the violations of human rights committed by its forces. We urge that state and its administrative and judicial sector should not defend and protect the violators.
We seriously feel that the activism regarding wartime violence against women is inadequate. We are in a situation where we all women, by accumulating our strength with the help of individuals and social institutions that advocate social justice have to create a corresponding activism to enforce changes at the level of civil society and the state.
In this regard, we, Suriya Women's Development Center calls for the strengthening of women's activism against war, militarisation and the culture of violence.'
C) UNSLAMSRECRUITMENT
OF CHILD SOLDIERS Sri Lanka's Tamil Tigers have stepped up their recruitment of child soldiers - some as young as 12-years-oldbreaking a promise made three years ago, a United Nations agency said on 20 July.
Carol Bellamy, director general of the United Nations Children's Fund (UNICEF), said the long-running Tamil separatist conflict on the island continued to cause "immense suffering and violations of children's rights'.
In a statement she urged the Liberation Tigers of Tamil Eelam (LTTE) to live up to a commitment made in 1998 to the Secretary General's Special Representative for Children and Armed Conflict, Olara Otunnu.
The LTTE leadership had promised Otunnu, who visited rebel-held areas in May 1998, that they would not recruit children below the age of 17 years and that no one below 18 years would be deployed as combatants.
The Tigers are fighting for an independent state in northeast Sri Lanka for the Tamil community.
"In the years since Mr Otunnu's visit, the UN has observed increasing recruitment activity in and near schools and has received increasing number of
complaints from pare in a statement releas and Geneva.
"UNICEF calls o to take urgent steps to rent constraints to hu to resolve the acute ti the areas worst affect and to remove milita schools,' the stateme
It also noted that to broker peace in Sri stalled and urged b{ conflict to "renew a efforts to find peace, right of every child i The UNICEF saic tive director, Andre with senior LTTE r February this year to growing concern ov problem of child sol In March this y human rights group tional highlighted the dren below the age believed to have bec Tigers, although the ing recruited them.
International aid in areas held by the land's north also say children has been ste group staging street luring youngsters to The Sri Lankan aware of a systemati in recent years aimec soldiers.
Defence ministr th Karunaratne said surrendered to secu lice in the first three and three of them w the age of 17.
An army comm tion in December Fourteen of them Karunaratne said, of the victims we rebels through the Cross.(AFP)
O NO CENSUS
AND LTTE While the resto ting ready for the f shops, offices and C closing early to let by 6 pm, there was

15 JULY 2001
s,” Bellamy said d in New York
the government iberalise the curanitarian access, cher shortage in 'd by the conflict y presence from ht said. orway's attempts Lanka have been th parties to the d re-double their he most precious
Sri Lanka.” its deputy execuRoberfroid, met presentatives in express the UN’s er the increasing liers. zar, international Amnesty Internacase of three chilof 12, who were :n enlisted by the group denied hav
officials working LTTE in the isthe recruitment of pped up, with the dramas aimed at take up arms. military says it is : recruitment drive at attracting child
o spokesman Sana7 Tiger rebels had ity forces and pomonths of the year ere children below
ando-style operakilled 18 Tigers. vere teenage girls iding the remains e returned to the International Red
N JAFFNA ELD AREAS the island was getial headcount with ner establishments eople reach home no sign of the cen
sus enumeration in Jaffna and the LTTE-held territories in the North and East.
The Director General of Census Mr.D.G.W.Nanayakkara said that no census related work could take place in Jaffna and other LTTE controlled areas because the government staffengaged in the work were threatened by the LTTE. It was earlier announced that international agencies like ICRC and UNHCR would do the job for the government, but persistent opposition to the census resulted in these organisations not being co-opted.
The non-LTTE Tamil parties too had opposed the census operations in the North. Even the Eelam Peoples” Democratic Party (EPDP), which is part of the government, opposed the census in the Jaffna peninsula. An EPDP spokesman had told the press that President Chandrika Kumaratunga had agreed to exempt Jaffna from the operations.
The Tamil parties were opposing the census on the grounds that a headcount now would be detrimental to their interests. Thousands of Tamils who had fled the area due to war and want in the last 17 to 18 years and who may like to comeback when peace is restored, will not be included in the count. Since the number of parliamentary seats and some other entitlements from the state are based on population, a low census count will result in the reduction of the number of parliamentary seats and other entitlements.
According to the last census in 1981, Jaffna district had a population of 830,000. According to Tamil sources, the estimated population now is 450,000. Government puts it at 500,000. According to Tamil sources, the LTTE held parts of the Wanni, from Mannar in the west to Mullaitivu in the east and from Vavuniya in the south to Kilinochi in the north, have about 300,000. About 25% of Batticaloa district and 15% of Trincomalee district are in LTTE hands, these sources say.
Sri Lanka's population growth had come down from a peak of 2.84% in 1953 to 1.67% in 1981, Mr.Satharasinghe said. The estimated population growth rate in 1999 was even lower, at 1.4%. In 1901, the total population was only 3.5 million. It is now 5 to 6 times (continued on next page)

Page 15
5 JULY 200t
A Presidential Ga
Nirupama Subramanian
fpolitics were a mere board-game that
people took out of the cupboard to play on a rainy day, then President Chandrika Kumaratunga deserves to be congratulated for a master move that checkmated her opponents and sent them scrambling to ponder their next move. But politics is real-life business. And in a country like Sri Lanka where governments are elected
by popular vote, it is also about respect
for Parliament and democracy. By that standard, Kumaratunga fell short of expectations when at midnight of July 10, she prorogued Parliament, clearly to preempt a no-confidence motion tabled against the minority People's Alliance (P.A.) government, and simultaneously announced a referendum on August 21 on the need for a new Constitution. It was a move reminiscent of the tactics of the late Junius R. Jayewardene, the "old fox" who devised the 1978 Constitution to give himself sweeping powers as the country's first Executive President. Kumaratunga loves to hate that Constitution which is still the country's first law, but she showed that she was not above using the powers it gave her when it came to a question of ensuring her government’s survival.
While the prorogation was clearly a move to side-step a test of strength in Parliament for her minority government, the referendum was the Sweetener - Kumaratunga's pitch to the people that she actually hated the authority and powers
vested in her by the tution which she had reluctantly in the fa tive Opposition, and only for the people's it.
The move repres powerful act yet in unfolding political ( with Kumaratunga's ter of Sri Lanka (SLMC) leader Rau the subsequent walkment by MPs aligne the P.A. coalition to ment, in turn promp parties led by the U. (UNP) to move a against the governm to be moving to brea when the governme. take up the motion tension of the Emerg
With just 109 M House, the P.A. did mentary strength to extended. Spearhead Opposition claimed who would oppose t bate on the Emergen come the governme) floor of Parliament.
There was panic government, which v the hysterical propa
(Continued from page 14) that with the estimate being 19 to 20 million.
The latest detailed figures pertain to 1999, when the Crude Birth Rate per 1000 population was 17.5, and the Crude Death Rate per l000 population was 6.0. Infant mortality per l000 live births was 15.9 in 1997. O MEDIA ACCESS TO WAR AREAS The Sri Lankan government has lifted restrictions placed on media personnel to travel to the war-torn north and east of the island country, the state. The Special Media Information Center said in a statement that journal
ists who intend tor civil life in the war to travel there. Ear the Defense Ministr to enter these areas
Pro-Tamil Tige tions had attemptec tive and misleading ernment and securi in the war areas. Nc visit these areas in hand information, t
Earlier this ye lifted censorship o cerning the war be forces and Tamil Ti, east of the country,

ayewardene Constino choice but to use e of an un-cooperathat she was waiting mandate to change
ented by far the most Sri Lanka’s rapidly Irama, which began sacking as a MinisMuslim Congress ff Hakeem in June, out from the governi with him reducing a minority in Parliating the Opposition nited National Party
no-confidence vote
ent. Matters seemed kpoint in early July, nt was scheduled to for the monthly exency Regulations.
Ps in a 225-member not have the parliaget the Emergency led by the UNP, the it had 115 members he motion. The decy was poised to beht's first test on the
in the ranks of the was clearly visible in ganda it resorted to,
eport activities and areas are now free lier, approval from y had to be obtained
r media organiza, to portray a negapicture on the govty forces activities wjournalists could order to obtain first he statement said.
r, the government n news items contween government gers in the north and
TAMILTIMES 15
painting dark pictures of chaos and civil unrest if the move for the extension of the Emergency was defeated, and accusing the UNP of being hand-in-glove with the Liberation Tigers of Tamil Eelam (LTTE). It was true that the ban on the LTTE would lapse if the Emergency could not be extended. But the state-run media, stooping to alarming levels of inaccuracy, warned that terrorists would roam free, prisoners would have to be released, checkpoints would have to be dismantled and the armed forces would be unable to take military action against the LTTE.
Flouting a government advisory to restrain from publishing graphic photographs, the state-run Daily News devoted four pages one day to a pictorial extravaganza of LTTE bombings, suicide attacks, assassinations and killings of civilians. That was when Kumaratunga served the first ace.
Again, falling back on the powers vested in her by the Constitution - that she likes to describe asbahubhootha - she banned the LTTE under the country's tough Prevention of Terrorism Act, Section 27 of which permits her to promulgate regulations to this end. She also declared every district in Sri Lanka a “security area". She also invoked the Public Security Ordinance, from which the Emergency regulations flow, to maintain essential services and call out the armed forces. The government was thus able to put off the debate on the Emergency indefinitely. Analysts wondered why Sri Lanka needed an Emergency at all when a state of near-Emergency could be declared through other means available to the President, and the Opposition protested that it only proved that all the hype and hysteria directed against it were misleading.
Anyway, beaten at the semi-finals, the Opposition prepared for what it believed would be the finals, the no-confidence motion. At a meeting of parliamentary party leaders, the UNP said it wanted the debate and vote on the motion to be conducted over a span of three days, between July 16 and 18. But the government said that would be inconvenient, as the national Census was due to be taken on July 17.
Instead it proposed August 7 to 10 as its preferred dates. It seemed like a notso-subtle ploy to prorogue the House and dissolve it. The Constitution allows the President to prorogue Parliament for a maximum of 60 days, and bars any disso

Page 16
16 TAMITMES
lution of the House for at least one year after around of elections. In this case, that date would come on October 10, and pushing the debate to August would safely take Kumaratunga to the date when she could prorogue the House till she was allowed to dissolve it. In view of this, the UNP did not consent to the dates proposed by the government. Instead, all 115 members (excluding the Speaker, who is a member of the UNP, but does not count during voting) on the Opposition benches signed a letter to the Speaker asking him to schedule the debate for a day after the Census.
Meanwhile, nervous that all this would lead only to early elections, several members of the P.A. tried to push for a national government, and Prime Minister Ratnasiri Wickremenayake said he had had talks with UNP leader Ranil Wickremesinghe on this. But according to him, the UNP backed away at the last minute. Although the signatories to the letter to the Speaker included those who had not yet indicated their support to the no-confidence motion but only wanted an early debate, the UNP projected this letter itself as a sign of its impending victory, its supporters giggling with delight at the prospect of the upcoming battle in Parliament. But their joy was short-lived as Kumaratunga served up her second ace.
The prorogation of Parliament by itself was not unexpected, though its timing seemed to have caught the Opposition unawares, but it was the referendum that was the real stunner. There were cries that Kumaratunga had resorted to a dictatorial and anti-democratic move, but the Opposition could do little else about it, for both prorogation and the holding of a referendum are well within the powers granted to the President under the 1978 Constitution, a document that the UNP itself approved when in power.
There is some hair-splitting on whether the President can prorogue the House when the government has already lost its majority, but that is more a moral rather than a constitutional argument. The other point that the Opposition is trying to prove is that there cannot be a ref. erendum on changing the Constitution. But the 1978 Constitution is clear that only a proposed legislation to amend or replace the Constitution cannot be put to the people, whereas Kumaratunga's question for the referendum is couched in the most general and political terms.
The question for the you agree that the c Constitution, which tant and an essentia Wording has caused in the Opposition, with which no one r It is the content tution that are in qu "It is like being as cheque,' fumed K Wakku, spokesman haps this line that seek to sell to the p dum campaign. It is the move is a ploy the backdoor the 20 that the government liament last August the Sinhalese, led by that it gave away toc Tamils. The UNP, drafting the Bill, had it in the last minute, provisions that allo the Executive Presi incumbent complet fice. The UNP an Peramuna will base the premise that the nothing but the old ing to arouse Sinhala dent.
The announcem has struck a blow that the Oppositio was announced. Th ties that put downt of the no-confidenc so sure if they can tution, particularly cessions to the Tam parties may dec adopted by Kumal tify the end, that is But for that, t know what is goin many of them wer the 2000 Constit “too little", privati that this was as g( hoped that it wou decision on the re be influenced by the latest develop clear where th Kumaratunga's p new Constitution this has for the N. ess toget the two ;

eferendum is: "Do untry needs a new nationally impor"equirement?” The nger and confusion , this is a question ally disagrees. of the new ConstiIstion, they argued. ed to sign a blank runasena Kodittuf the UNP. It is perhe Opposition will ople in the referenlikely to argue that to bring in through )0 Constitution Bill withdrew from Parollowing protests by the Buddhist clergy, many powers to the which had a role in distanced itself from xiting the transitional wed the retention of iency till the present is the full term of of i Janatha Vimukthi : their campaigns on new Constitution is draft document, hopaire against the Presi
ent of the referendum to the solid phalanx projected before it e Tamil political parheir names in support emotion are now not oppose a new Constiif it will mean conlminority. The Tamil de that the means atunga may well jusa new Constitution. ey will first need to to be in it. Although publicly opposed to ion Bill as offering y they acknowledged )d as it could get and be passed. But their erendum is certain to e LTTE's reaction to ents. As yet, it is not
LTTE figures in ns to push through a or what implications wegian-backed procdes togetherforpeace
15 JULY 200
talks. For the Tamils, and all the others who want the see powers devolved to the minorities, there will also remain the disappointment that Kumaratunga could have held a referendum on a new Constitution any time since 1994, but chose to do it only when her government's survival was threatened. Kumaratunga's campaign for the referendum is also not likely to provide any reassurance to the minorities.
The main issue for her campaign is a new Constitution for changes to the electoral system to enable the formation of a stable government that does not have to depend upon an "unreasonable" minority party like the SLMC for survival. This will mean an all-out campaign for the Sinhala vote, which in turn implies playing down on the prospects for devolution and concessions to the minorities in a new Constitution.
Kumaratunga made only a passing mention of these possibilities in a televised address to the nation giving reasons for the prorogation and the referendum. Furthermore, it is also not clear yet how Kumaratunga, if she wins the referendum, will go about changing the Constitution. A referendum is not legally binding on Parliament. For it to be morally binding, Kumaratunga has to show that at least 65 per cent to 70 per cent of the respondents backed her at the referendum. The new document then has to get a two-thirds vote in the House even after the referendum. Kumaratunga can circumvent this requirement by turning the present Parliament into a Constituent Assembly, where constitutional changes can be brought about by a simple majority. But that too will need a resolution to be passed by Parliament, where her P.A. coalition is in a minority. Any move to form a Constituent Assembly will also be opposed by the Opposition and civil society groups as being "extraconstitutional'. Kumaratunga has promised to have the new Constitution in place within a year, and called on all other parties to form a “broad alliance' with her government to help her achieve the goal. She also hinted at what the new Constitution might be, or at least what might form its basis, when she said that the 2000 Constitution Bill had everything that the Opposition wanted, including the abolition of the Executive Presidency and the setting up of independent commis(continued on next page)

Page 17
15 JULY 2001
Ansand in C
Our Colombo Correspondent
O Fear Street Battles
In Colombo citizens fear the major showdown between the Government and the opposition to spill from the parliamentary arena to the streets, both sides threatening to bring to the city at leasta million oftheir followers to demonstrate in their support.
Government trade unions pulled out their members for a lunch hour show of support on July 10 at Lipton Circus and the UNP retaliated next day with a massive show of strength at busy Maradana junction. Both are vital centers and traffic snarled all over the over-vehicled metropolis for over four hours.
President Chandrika Bandaranaike Kumaratunga, presiding at a strategy session of the central committee of her Sri Lanka Freedom Party (SLFP) on July 12 instructed her parliamentarians and district organizers to bring their supporters to Colombo for the demonstration, the date of which had not been finalized. She wanted over a million people, about one-twentieth of the country's total population.
Not to be outdone, main opposition United National Party (UNP) leader Ranil Wickremesinghe threatened to parade more than that number of his
party-men to deman President Kumarat and the summoning first such demonstra for July 19.
Police have tigh the Defence Minist lombo city a high se deployed armed f police. A sense ofi creeping into the m as political instabili On July 13 a del ers of the oppositi Rani Wickremesi1 Anura Bandaranaik to hold the sitting scheduled on July that the prorogatio President Kumarat night of July 10 was intended to safeguar certain defeat.
"With imminen Government in Parl sition which on July they were in the maj took the only constit her to buy time - t ment by a maximu September 7," const N. Choksy submitt
(Continued from page 17) sions concerning elections, the judiciary and the public service.
But the Constitution may not be uppermost in her mind when Parliament reconvenes on September 7 at the end of the period of prorogation. The noconfidence motion remains pending before the House, and unless Kumaratunga wins new friends between now and then, it would once again challenge her government's existence, even if she emerges from the referendum victorious. It was in 1982 that Sri Lanka's only previous referendum was held, when President Jayewardene used it to avoid holding elections and extend the life of Parliament by a full term. His
successor, Presider madasa, resorted ti means to buy time achment motion tha against him. This is referendum will be ment remains prorC atunga sought such new Constitution 1 ago, when the gov ing the 2000 Con might have won pre is no getting rid of cion that the prorog sion to hold a refe moves by a corne ensure its short-ter
(C.
 

d the resignation of nga's government of parliament. The tion had been fixed
tened security and y has declared Cocurity zone and had orces to assist the nsecurity is slowly inds of the people ty increased. egation of the leadon parties led by nghe met Speaker e to persuade him of parliament as 6. They submitted of parliament by unga on the mid| mala fide as it was d government from
t defeat facing her iament by an oppoy 9 produced proof ority, Kumaratunga utional way out for o prorogue Parliam two months for itutional lawyer K. ed to the Speaker,
ut Ranasinghe Preo prorogation as a o destroy an impet was being planned the first time that a held while Parliagued. Had Kumara referendum for a wo or three years ernment was draftstitution Bill, she lise. But now, there the nagging suspiation and the decirendum were both red government to in survival. O urtesy: Frontline)
TAMITMES 17
who later ruled that under the Constitution he had no jurisdiction in the matter to question the President’s action.
O Midnight Meeting
When the joint opposition submitted a no-confidence motion on July 7, the Government attempted to defeat it by inducing some opposition MPs to cross over. When that failed it resorted to the strategy of delaying the debate till August 7 thus giving the President time to prorogue parliament for two months and then dissolve it on October 10 which constitution permits. The constitution bars dissolution during the first year of parliament's 6-year life span. If the Government is defeated during the first the President is mandated to invite another parliamentarian whom she thinks enjoy the confidence of the parliament.
Opposition stalled the Government's plan to delay the debate on the no-confidence motion on July 9 by submitting a letter signed by l l 5 Members of Parliament, a clear majority in the 225-seat legislature, requesting the Speaker to fix the debate for July 1820. The Speaker fixed party leaders meeting for July 13 to decide the date of the debate.
Speaker Bandaranaike, Kumaratunga's younger brother, called on her on July 9 for breakfast and told her that he would act to uphold the best traditions of democracy thereby hinting that he would give priority to the no-confidence motion.
Kumaratunga seeing all her efforts to draw a few UNP MPs to her fold and to bring back some of the Sri Lanka Muslim Congress (SLMC) MPs fail found revolt brewing within her own ranks. SLFP secretary general S. B. Dissanayake, once her trusted friend was advocating a National Government and hobnobbing with the UNP thus earning her ire.
Sensing that the demand for the formation of a national government was becoming popular she asked the prime minister to talk with opposition leader Wickremesinghe. They had three rounds of discussions and involved Prof. Peiris to identify the areas on which the national government should concentrate. They identified three areas - ending the war, developing the

Page 18
18 TAMLTMES
economy, democratizing the government - for action. Talks collapsed on July 9 when the composition of the national government was considered. Wickremesinghe reportedly told the prime minister that since he commanded the majority in parliament he should be permitted to form the government with representatives from all political parties in parliament. He asked the prime minister to resign. He declined.
The prime minister was critical of SLMC's demands, especially the formation of Kalmunai district, a district encompassing the Muslim majority coastal areas in the eastern Province. He was also critical of SLMC leader's Rauff Hakeem's persistent demands aimed at furthering the interests of the Muslim community. He firmly believed that giving in to Hakeem's demands would harm Sinhala Buddhists. He was mainly instrumental in Kumaratunga's decision to sack Hakeem from the cabinet of June 20, a miscalculation that reduced the government to a minority. The miscalculation was about the comparative strength of Hakeem and his rival Ferial Ashraff, the widow of the founder of the SLMC. The president believed that she would isolate Hakeem, as the majority of the l l MPs of that party would remain with the Government. But six others crossed with Hakeem to the opposition reducing the strength of the Government to 109 in the 225-member parliament.
Averting a defeat in parliament on the opposition no-confidence motion became critical. Kumaratunga used her only trump card, buying 2-month grace period. She decided, rather craftily, to divert public attention from the prorogation of parliament by introducing the
referendum on the need fora new con
stitution.
O Address to the Nation
Kumaratunga, in an apparent move to consolidate her position addressed the nation over the national television, Rupavahini and the radio. She blamed the 1978 constitution crafted by former President J. R.R. Jayewardene for all the country's ills including the war.
Kumaratunga asked the country's 11.9 million voters for a "clear and unequivocal' mandate to replace the cur
rent 1978 constitut executive presiden proportional represe a new one that wo try's current needs. purpose of the new be to achieve four 1 Firstly, to bring toral system - a mi rent proportional re. and the first past th German model is Secondly, to imple ent commissions, a by the opposition. T ethnic problem by in the new constitu low all religious at live amicably toget
Kumaratunga through the New C vide fair, constitut solutions to the cur sis that has, for gravely affected the zens, be they big or urban or rural, and nity or religious gro to. We also propos provisions to hones proposals should New Constitution.' Fourthly, she v office of Executiv this New Constitut had a very deep inti out. This was clear Constitution that August 3, last yea date to definitely a this out through the Kumaratunga ( this speech whethe vive the abandone last year. But she t committee on Jul not reintroduce li would enact a new the end of this yea ent assembly.
O Rani Accu::
"Like Hitlero. Kumaratunga has: when her party w nority and is now to disaster,' UNP mesinghe told re Kumaratunga's P

on that introduced y and the complex
tation system with
ld serve the counShe added that the :onstitution would hain aims: about a new elecbetween the curresentation system e post system. The being considered. ment the independpersistent request hirdly, to solve the making provisions tion that would ald ethnic groups to her in the country aid: “We propose Constitution to proional and political se of the ethnic crihe past 18 years, ; lives of all our citismall, rich or poor, whatever commuup they may belong e that the necessary tly implement these be included in the
owed to abolish the 2 President through ion. "I have always rest in carrying this y stated in the Draft was presented on r. I seek your mannd effectively carry New Constitution.' id not make clear in r she intended to red August 3 draft of )ld the SLFP central 13 that she would st year's draft but constitution before through a constitu
es Chandrika
Germany, President hut down parliament
as reduced to a mi
leading the country eader Ranill Wickreborters on July 13. is the first govern
15 JULY 2001
ment since independence in 1948 to remain in power without a parliamentary majority, he added.
The JVP said its offices abroad would demonstrate outside Sri Lankan embassies to protest the "undemocratic, dictatorial' action of Kumaratunga.
The UNP said it also wanted to express its dismay to foreign governments and had already briefed Colombobased diplomats on July 12. UNP leader Ranil Wickremesinghe, Deputy Leader, Karu Jayasuriya and Colombo District Parliamentarian Milinda Moragoda briefed the Ambassadors. "They were concerned and said they were watching the situation closely,” Moragoda said.
Thwarted from pushing through its no-trust motion by July 10 presidential proclamation proroguing Parliament till September 7, UNP vowed to take the issue to the streets and get Kumaratunga impeached. “The President has wantonly subverted Parliament and prorogued the House when it was to take up the no-trust motion. The announcement of a referendum on a new constitution on August 21 is only a smokescreen to hide the truth. We'll take the issue to the streets. Impeachment is very much on the cards for this gross abuse of power," UNP MP Mahinda Samarasinghe said.
The UNP's stand is supported by other opposition parties. "We have lost faith in the president. She has to be impeached," said A Vinayagamoothy, MP from the All Ceylon Tamil Con
"By this act, she hasunited and galvanized the entire opposition,” commented Thilak Karunaratne of the Sinhala Urumaya.
..Political sources said the government was engaged in hectic lobbying to win the backing of small parties to either remain in power or form a new government It has also initiated action to replace the SLMC parliamentarians who crossed over to the opposition. PA general secretary D. M. Jayaratne said they are considering the actions to be taken against SLMC parliamentarians who crossed over to the opposition benches with their leader Hakeem. He added that, "in the last parliamentary general election the Sri Lanka Muslim Congress contested under the symbol "Chair' of the People's Alliance".

Page 19
15 JULY 2001
O War and Peace
War and peace efforts, pushed to the background by the political crisis are very much in public mind because of the multifaceted impact they bear on the every day life of the people. Soaring living costs and the escalation of violence are the direct results of the
War.
On the early morning of 30 June Sri Lankan jets started pounding LTTE positions in areas around Elephant Pass, Nagarkovilland Poonaryn. Eight sorties were flown that day and four the next day, June 30. With Kfirs lifting 4500 kg and Mig 27s 4000 kgs a total af 8,500 kgs of explosives were dropped each time. Defence ministry and Foreign Minister Kadirgamar who justified the air attacks and claimed that those defensive measures were required to prevent an LTTE attack on the Jaffna peninsula.
LTTE, in a statement issued on June 1 from its headquarters in Vanni, in northern Sri Lanka, warned the Government of Sri Lanka that air strikes would "irreparably damage" peace process if it continued with its intense aerial and artillery bombardment against the LTTE positions in Jaffna. Calling air strikes provocative aggression and calculated escalation', the LTTE accused the Government of playing politics with war aimed at mobilizing Sinhala nationalist support to overcome the crisis brought by the no-confidence motion brought against it by the UNP and Tamil parties.
The statement questioned Government’s claim that they preempted LTTE's plan to take Jaffna. It said: "The Sri Lanka government has made a false claim that the air and artillery assaults are a necessary escalation to pre-empt a planned offensive by the LTTE forces to recapture Jaffna. We can say categorically that there is “no imminent offensive plan' by the LTTE as fantasied by the Government. The so-called intelligence report to this effect is a sham.ʼ
India and the United States called the air attacks as ill advised and told Sri Lanka to resume talks with the help of Norway.
The LTTE statement pinned the blame for the current stalemate in the peace process on the Government saying that it is steadfastly holding to its
obligation cast on posal for the Mem standing and appé tional communit Lanka to return to
The statement noted that the LTT of promoting the N tiative has made e calate the conflict of a prolonged ce sion of violent at Even now the LT undeclaredcessati ing that the inter| would pressurize path of peace and {
. Yet to our disapp
has adopted polici stalemated the pe imprudent interve gian facilitatory pl the downgrading peace envoy for h ity was a serious S current provocativ LTTE forces, will the peace process, Subsequentlyl four-member tear foreign minister F The other three me as before - Jon We Kjersti Tromsdal, the Norwegian Fo Colombo Gov ed when the LTI preferredtodealt Tigers have now preferred to wait f current crisis.
But it must be tunga was prepare
embargo, agreet
sive operation and ily lift the ban on talks was proceed
O Economy N
The Joint B country's top org: ness sector, called cal parties to get burning problems statement the For early reconvening formation of a go reconciliation.
The Forum wł after an emergen

TAMMES 19
it by Norway’s pronorandum of Underaled to the internay to pressurize Sri
the path of peace. said: "It should be E with the objective orwegian peace inivery effort to de-esincluding the offer ase-fire and suspentacks in the South. TE maintaining an on of hostilities hopnational community Sri Lanka to seek the ethnic reconciliation. pointment Sri Lanka es andstrategies that ace initiatives. The ntion in the Norwerocess by demanding g of the accredited is objective neutraletback to peace. The e aerial attacks on the permanently damage
Norway named a new n headed by deputy Vaymond Johanssen. mbers were the same estborg, Solheim and executive officer of freign Ministry.
ernment's effort failTE insisted that they hrough Solheim. The told Norway that it or the outcome of the
noted that Kumarad to lift the economic b cessation of offenwilling to temporar
the LTTE while the ed.
lose dives
usiness Forum, the anization of the busil on July 12 all polititogether to solve the of the country. In a um strongly urged for ofparliament and the vernment of national
nich issued the appeal cy meeting said the
President's decision to prorogue parliament and to hold a referendum would have serious economic consequences. It said apart from the colossal sum required to hold the referendum it would also disrupt production in the industries servicing the seasonal demand in the western countries. Deputy Elections Commissioner K. Senanayake said the referendum would cost Rs. 600 million. Garment industrialists said their exports would be seriously disrupted by the referendum.
The Joint Forum founded in the beginning of the year 2000 by leading trade chambers and employees associations to promote national consensus on matters vital to the economic development of the country identified 10 areas on which national approach is essential. It identified ethnic conflict as the prime cause inhibiting the economic take off of Sri Lanka.
The Forum prepared a document “Way Forward" in February this year in which it mapped out a strategy to take the country on the development track. On June 30 the Forum, recognizing the adverse implications of the developing political conflict on the economy called upon all political players to shed their differences and set up a government of national unity and reconciliation.
"The high cost of living has become unbearable for most resulting in many thefts, robberies and murders that are destabilizing civil society. If this situation is allowed to continue unabated, there would be no turn around and even result in anarchism,' the Forum warned.
The Forum renewed its call on July 12 imploring the political leadership to: Unite to achieve long term economic development." It said: "Sri Lanka's economy is at present under heavy stress. The continuing very high budget deficits have pushed up interest rates. At presentrates some business organizations will not be viable, debt collection will be a problemand debtors, particularly banks, will suffer."
The Forum states that the cost of the North-East war on the economy is heavy. The war has begun to destroy the long-term economic and social fabric of the country. The cost of war, especially the 25,000 army deserters and 7000 lethal weapons had bred serious

Page 20
20 TAM TIMES
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Page 21
15 JULY 2001
law and order problem in southern Sri Lanka.
The current political crisis and a bitter struggle for parliamentary power has dashed hopes of an early recovery of the war-battered economy, bankers and business leaders said.
Panic-stricken businessmen and industrialists, worried by the political battles, have appealed to President Chandrika Kumaratunga and Opposition leader Ranil Wickremesinghe to form a unity government.
Latest figures from the central bank signal more gloom ahead and the stock market is in the doldrums. The market that soared in mid-June in the expectation of a UNP-led government took a nosedive with the blue chip Milanka Index shedding 19 points and All Share Price Index 9 points on June 11, the day after the president prorogued parliament.
Analysts said foreign investors are pulling out due to the aggravating political instability. “What the market and the people need is stability,” Bartleet and Mallory Stock Brokers said.
The first-quarter gross domestic product growth was estimated at a dismal 1.3 percent, compared to 6.6 percent in the corresponding period last year. The central bank has said the overall growth this year will still reach 4.5 percent, down from 6.0 percent last year, but the private sector is skeptical,
The uncertainty triggered by the power struggle is hurting the economy, also hobbled by a power crisis in the energy sector. Ninety-minute power cuts have been enforced by the state-run electricity utility because it is unable to meet the energy demand due to a shortage of water in hydro-electricity generating reservoirs.
The national chamber of exports said the power cuts were affecting output.
Central bank o economy was getting the political crisis er The government national Monetary F of 253 million dollar a total collapse of the fered the effects of he ing incurred last ye spent over 400 millio weapons to resistam aimed at capturing ti Jaffna in April and M
O Rape and the The scene in the sis-ridden as that of 6, the entirety of the Jaffna Tamils, Battic country Tamils, joine time to protest agains widow gang raped by at a checkpoint at M Significantly, Muslim lombo joined the pro from Badulla, mother checked by the polic turning to her reside Mara-dana hotel. P noted her address we night and took her to ing that they needed was gang raped.
The protest led to leged rapists who w victim at the parade : der arrest.
Next night in a rai in the Jaffna distr marriedlady was gan partially deaf mother she tried to intervene initially denied by th was an attempt by t the reputation of the vealed that was the w
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ficials noted the back on rails when pted.
had won an Interind rescue package in April to prevent 2conomy which sufavy military spendr. The government n dollars to buy new ajor LTTE offensive he northern town of lay last year.
Arrest
north-east is as crithe nation. On July Tamil community - ploa Tamils and Upd hands for the first t the rape of a Tamil the police and army radana in Colombo. is in the east and Cotest. The young lady of two children, was te when she was reince after work at a olicemen who had ent there later in the the checkpoint sayto question her. She
) the arrest of the alere identifies by the and are currently un
village named Allaict a 42-year old ungraped. Her 82-year was assaulted when . The complaint was e army which said it he LTTE to damage army. Inquiries re
fork of three soldiers
25.00 Bank cheques only)
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TAMILTIMES 21
who were arrested, produced in courts and remanded.
In March, several sailors were accused of raping two Tamil detainees in Mannar on the northwest coast of the island. Navy denied the allegation but the suspects were later arrested.
In June first week two Tamil women residing in a hotel in Bambala-pitiya in Colombo were gang raped inside the police station. Police denied it but the matter is still under investigation.
On July 2, a Jaffna University student, Krishnasamy Thivyan was arrested by the army who say that he was captured with arms. Students allege that that was a frame-up as the army is annoyed with him for leading several student agitations when he was the secretary of the Jaffna University Students Union. Jaffna University was closed on July 10 following protests by the undergraduates calling for the release of Thivyan.
That sparked student protests in the Jaffna peninsula and by July 14 it had spread to all Tamil medium schools in the North-east province and to the universities and institutes of higher education.
Maj. Gen. Susil Chandrapala, the commander of the Sri Lankan security forces in Jaffna has taken up the position that the students should give up their protests speak to him to resolve the crisis.
Additional Sri Lankan army, troops and Police have been deployed at important intersections in the Jaffna town and in the neighbourhood of the University. Troops had forcibly entered a University girls' hostel in Maruthanamadam in Jaffna and had threatened the students and security guards there. The troops had left after tearing off protest posters on the walls of the hostel.
Students charge that the army had tortured Thivyan and obtained a “confession." Students have appealed to the parents to support them by calling work stoppage. Meanwhile teachers who have expressed support for the protest appealed to the government to bring about a settlement. .
The Ceylon Tamil Teachers Union (CTTU) has strongly condemned the closure of Jaffna University. “We request the Govt. to reopen the University of Jaffna immediately," its general secretary S. Mahasivam said.
It also decided to stage a token strike to press for the re-opening of Jaffna University, O

Page 22
22 TATIMES
An Act of Dubio COnstitutional PrO
Kishali Pinto Jayawardene
he order ofthe Speaker ofthe Parliament this Monday, refraining from invalidating this month's prorogation proclamation issued by President Chandrika Kumaratunga, illustrates all that is so profoundly wrong with the prevalent constitutional structures under which we are governed.
The Speaker's reasoning proceeds on a direct reading of the constitutional provisions that confer upon the President the power to prorogue Parliament, which, as pointed out by the Speaker, "...is not expressly qualified by any precondition for its proper exercise. Nor is there any indication of the requirements that need to be fulfilled or as to the nature of the reasons which may prompt the exercise of the power.” One can feel some sympathy for the Speaker in his predicament, particularly
in the light of his ca minder to the peopl personal opinion m with what has been sion in the matter oj myself bound by th cannot therefore ovi my powers.”
The Speaker rem by the legal submis put forward by o which rested on tw Firstly, even though provisions allowing prorogue appear tc (Article 70(1) and ( State, held by the P trust for the people used only in the rig which Parliament, v is presumed to have
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us priety
efully worded rethat "Though my ly be at variance one on this occaprorogation, I am Constitution and rstep the limits of
ained unpersuaded sions of the UNP position parties, o main premises.
the constitutional ; the President to be untrammeled ), the power of the resident is held in and can be validly ht and proper way when conferring it, intended. That no
15 JULY 2001
public figure, however powerful, had unfettered discretion in the exercise of public power, had been established time and time again, in the decisions of the courts of this country and elsewhere. Accordingly the President cannot claim an arbitrary power to prorogue Parliament and in this particular instance, by proroguing Parliament when the Government was in a minority in order to prevent a vote of no confidence, acted clearly in breach of this fundamental principle.
Secondly, the opposition parties argued that the President, as Head of State and Government, is made responsible to Parliament under Article 42 for "due exercise' of his or her powers and functions under the Constitution, which further supports the legal and constitutional fact that the President does not exercise absolute and arbitrary power. Instead, she is subject to the basic principle of the sovereignty of the people, the supremacy of Parliament and the duty to act fairly and bona fide in the exercise of her powers. This provision was therefore the jurisdictional gateway through which Parliament and the
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Page 23
15 JULY 2001
Speaker could enter and examine the validity of the Presidential proclamation in issue, as a matter of right.
Such an ingenuously purposive construction of the relevant constitutional provisions did not find favour with the Speaker who preferred to state that while the motives for issuing the proclamation may be open to objection or criticism as a misuse of power, he could not claim for himself an implied power flowing from Article 42 to overrule the proclamation.
It is interesting however that while he examines and dismisses the legal submissions relating to the manner in which Article 42 may be used by Parliament, his order does not discuss the basic principle, supported by extensive case law, that statutory power, however high, can only be used in a way, which Parliament, when conferring it, is presumed to have intended. In the Speaker's view, the only way in which a proclamation of this nature could be challenged is if it is invalid on the face of the document itself and is therefore legally inoperative. Once this requirement is satisfied, the reasons prompting its issuance cannot be put in debate.
In our Constitution, prorogati-ons are thus arguably legal but morally wrong, a precarious position indeed for any country to be in and as this column remarked at the outset, illustrates precisely what is so wrong with our constitutional structures.
Legal debate on Presidential strategies of proroguing Parliament when confronted with a hostile House, has occurred notably before in the history of this country. In 1991, then Speaker M.H. Mohamed was presented with a motion to impeach President Premadasa signed by more than half the members of Parliament, including 47 members of the ruling United National Party, consequent to which President Premadasa prorogued Parliament from September 3 to Septem
ber 24. Analysing til Wall Street Journal stitutional lawyer a ian Dr Neelan Thir soning even more p it was then, referrec rogation as an "act { tutional propriety” ves the country's ( helvamos argumento balance of power b tive and the legisl Constitution, as a which he stressed cial immunity of the be removed forth Presidential power roguing and disso His warning that it disastrous style of Lanka faces two rel stitutional and one can resolve neither how the country words that Presid would do well to c. infinitely more disa time.
From another pe ment confronting 1991 and 2001 yiel ing comparisons. Ir opposition struck c ecutive Presidency tion of impeachmen ing President Prer solving Parliament confidence in the g on the opposition c Premadasa governn in 1989 to the LTT on its list of priorit
It was around political strategies took place as to wh to impeach the PI invalid if the Presid liament after the mc by the Speaker but placed on the Orde Premadasa, advise
75047
EMERGENCY TRAVE
 

TAMLTIMES 23
he situation in the at thattime, connd parliamentaruchelvam in reaertinent now than to the act of probfdubious constiwhich hardly solrisis. Dr Thirucwas posited on the tween the executure in the 1978
consequence of hat that the judi: President should with along with s relating to proving Parliament. n the context of a governance, Sri oellions, one conmilitary and that it until it re thinks is governed, are ent Kumaratunga ontemplate at this Astrous moment in
arspective, Parliathe President in d further interest1991, a strategic lirectly at the Exin bringing a mot, thereby preventmadasa from dis. A motion of no government based 'ontention that the ment supplied arms TE was secondary ies.
these more astute that legal debates ether a resolution 'esident becomes ent prorogues Partion is entertained before it has been r Book. President i by a sympathetic
Attorney General, took the position that the motion was, in fact, rendered invalid as the motion had not been 'duly brought before Parliament’ (Article 70(4), and that there was consequently nothing to prevent him from dissolving Parliament thereafter. The opposition headed by the Sri Lanka Freedom Party (SLFP) however argued strongly that dissolution of Parliament in these circumstances would be illegal and a deliberate and intentional violation of the Constitution.
In fact, the comparison drawn by the SLFP at that time was that in such an instance, the President is in the same position as an accused in a criminal case against whom an indictment or plaint has been filed. Just as much as such an accused cannot give orders to the Court to determine that the indictment is invalid and thereby prevent court from proceeding with the trial, the President has not even thesemblance of any power or authority to prevent Parliament from “proceeding to trial on the charges against him, by debating and voting upon the resolution. The proposed impeachment was ultimately defused by President Prèmadasa following consummate political manoeuvring.
In 2001, we have President Kumaratunga asserting the full ple-thora of her Executive Presidency rights visa-vis Parliament far more hamhandedly but then again, against a far clumsier opposition, while her administration maintains an impossibly gymnastic position that the Executive Presidency should be done away with and this too by extra constitutiona means, irrespective of the shamed de nials of some of its ministers.
The struggle against the proroga tion and the proposed referendum is now increasingly being transferrec from the Constitution to the streets We await the playing out of this fina stage of our march towards chaos.. O Courtesy: The Sunday Times
ONLY)))) .SRI LANKA 676 360
SOUTH INDIA -SINGAPORE

Page 24
24 TAM TIMES
INDA - PAKISTAN
Hope Springs Et
Ahmed Rashid
IN THE 54 YEARS of enmity that include three wars and countless deaths, no summit has generated hopes of peace among the peoples of India and Pakistan as high as mid-July's three days of talks in Agra, India, between Indian Prime Minister Atal Behari Vajpayee and Pakistan's President Pervaiz Musharraf.
So when the nail-biting suspense ended with the collapse of the summit at the last moment, disappointment was huge. Musharraf, his face dark with fury, left for home. A draft joint declaration was abandoned in tatters. Prophets of doomsday scenarios for the Subcontinent could say, "I told you so." Even the gods appeared angry as an earthquake and storms hit Pakistan and parts of India. “The two leaders were clearly not prepared for a failure of this kind,” said Shekar Gupta, chief editor of the Indian Express. But amid the debris some hope remained. It centred on agreements on future contacts formulated before the row over the wording of the final statement. These agreements, though not laid out in affy final communique, apparently stood and may provide a framework for resuming the peace process through dialogue. Of course this was a lot less than both sides sought. But expectations of what might be achieved grew unrealistically as the summit ran over its original two-day schedule before foundering over the disputed territory of Kashmir. In the aftermath, both sides struggled to keep rhetoric under control and avoid a tit-for-tat blame game. Indian spokeswoman Nirupama Rao told a press conference that while "the commencement of the process and the beginning of a journey have taken place, the destination of an agreed joint statement has not been reached.” Said Pakistani spokesman Maj.- Gen. Rashid Qureshi: "The ice has been broken and there is goodwill between the two peoples." Indian External Affairs Minister Jaswant Singh said the talks broke down after India wanted the summit document to state that “cross-border terrorism"-the euphemism for Pakistanbased militants fighting in Kashmir-was
unacceptable and m holds that they are f Singh said India ho “We will pickup the of the president of P ceasingly endeavour of a relationship of cooperation with Pak ers. Pakistan i Fore Sattar was even mor "the two leaders had and "the existing go achieve mutually d added: "It is only a should be given to a formulation.”
Both leaders are United Nations in S at the summit accep visit Pakistan later to Pakistani officials ports, both sides ag mits and bi-annual r eign ministers to di peace and security, mir, “ft may be a di a disaster. I hope th vive the disagreem says Maleeha Lodh sador to Washington the biggest disappoi be found in Washin expected to step u Indo-Pakistani relat ing again. Contrary kistan and India, the directly pressure N summit or try to mi up to the talks. Inst istration went out o visiting Indian offic it wants India as a and Asian strategy, ing with China. But stressed, New Delhi with Pakistan woul could become a true The summit fell ap paring to use a pre; sanctions imposed nuclear tests... Sim

ernal
ust cease. Pakistan eedom fighters. But led to keep talking. hreads from the visit akistan. We will unto realize our vision eace, friendship and stan," he told reportgn Minister Abdul upbeat, saying that a meeting of minds” dwill can, and will, esired results.” He ppropriate that time mutually acceptable
to meet again at the eptember. Vajpayee oted an invitation to this year. According and Indian press rereed to annual summeetings of their forscuss three issuesnarcotics and Kashsappointment but not e substance will surent over language,” i, Pakistanos ambas. Outside the region ntment was bound to ston, which is widely its efforts to keep ons from deterioratto speculation in PaUnited States did not ew Delhi to call the ro-manage the buildad, the Bush adminits way to convince als since January that partner in its global particularly in dealas U.S. officials also s bedevilled relations limit how far India global ally of the U.S. rt as the U.S. is preidential waiver to lift bn India for its 1998 lar U.S. sanctions on
15 JULY 2001
Pakistan will not be lifted so fast. "Injust a few months we have made extraordinary progress with India in defining our common interests in many fields-counter-terrorism, defence, trade, investment-and reducing tensions with Pakistan will enhance that," says a State Department official. “The administration and Congress want to lift sanctions on India by the end of July.” India meanwhile is preparing a list of U.S. Weapons systems it wants to buy once sanctions are liftedthe first time that India would enter the U.S. arms market in 40 years.
Pakistan's problems with the U.S., meanwhile, centre on Afghanistan. “We cannot do Pakistan any favour because of its continued support to the Taliban in Af. ghanistan who back terrorism. And Pakistan has few friends left in Congress,” says a National Security Council official. In addition, Islamabad is covered by several layers of sanctions-imposed in retaliation for Musharraf's October 1999 coup-that cannot be lifted before elections are held. The summit's sad end was welcomed by Hindu hardliners in India and Islamic extremists in Pakistan and Kashmir. Should the Kashmir conflict intensify, moderates such as Vajpayee and Musharraf, who both made concessions during the talks, could be marginalized. A total of 90 Kashmiri militants, Soldiers and civilians were killed during the talks and 139 in the nine days before them. Sayed Salahuddin, head of the Pakistanbased Hizbul Mujaihideen, the largest group fighting Indian rule in Kashmir, told reporters: “The Indian leadership cannot be trusted and this is what we have been telling Pakistani leaders. Jihad holy war is the only solution.” But even if their leaders were not invited to the summit, many Kashmiris want an end to the territory's 12-year-old conflict that has cost 60,000 lives. “The time has come for a negotiated settlement,” Mirwaiz Omar Farooq, the most revered religious leader in Indian Kashmir, said on July 11. "It's very clear everybody wants an end to the killing and destruction." In a confidencebuilding measure announced on the first day of the summit, India said it was withdrawing 20,000 of its 200,000 troops in Kashmir. The failure was all the more disappointing because in four meetings lasting nearly eight hours in total, both leaders got on well and came so close to agreement. Initially India was determined to stay within the confines of "a compos

Page 25
15 JULY 2001
ite dialogue” agreed in 1998, but in which Kashmir is only one of eight issues for discussion. India also wanted Musharraf to pledge to curb cross-border terrorism. Pakistan wanted new terminology altogether, with Indian acknowledgement that Kashmir was the “core issue' between the two countries. “We cannot deny that there are vast differences between us,” Vajpa-yee told Musharraf in their first private meeting, according to a text released by New Delhi. “We are willing to address these differences and move forward,' but "let no one think that India does not have the resolve, strength or stamina to continue resisting terrorism.”
In an early sign of problems at the talks, Musharraftold Indian newspaper editors on July 16: "I keep talking of Kashmir, you keep talking of cross-border terrorism . . . We can't even agree on what to call it--a problem, a dispute or an issue.” But hours later a text was agreed by him and Vajpayee, after both made major concessions. Then, according to Pakistani officials and Indian media reports, hardline Indian ministers objected to the language and sent the text back twice to the Pakistani delegation requesting amendments, which ultimately the Pakistanis refused. The summit failure highlighted the political problems for both leaders. India's ruling Hindu nationalist Bharatiya Janata Party, which dominates the federal coalition, was routed in state elections in May and faces more state contests in January. If defeated, an ailing Vajpayee might have to call mid-term elections and hand the BJP leadership to hardliners. Pakistan's regime is isolated internationally as it grapples with what some Western commentators have dubbed "a failing state.”
The summit, however, gave both leaders plenty of media coverage and photo opportunities—a walk around the Taj Mahal by Musharraf and his wife, exotic meals and concerts. It was the first summit in the region played outlive on satellite TV. Its closing hope is that both leaders can build on their bonhomie, not allowing hardliners in both their camps to push them further aside and leave only more bloodshed in Kashmir.
India says Kashmir, its only Muslim-majority state, is an integral part of the nation and is not for negotiation.
A
Forc
It was vintage vengeance. In one 30 former Chief nanidhi and his sc taken into custody rges relating to a
SC.
His nephew ar Minister Murasoli police custody w Hospitals for treat assaulted by a poli tained injuries, but prosecuted for ass: ficial.
Maran was als dhoti flying and la police station onl when he refused to of his uncle.
So also Karui Kanimozhi was dra when she sought t from being manha Her husband Aravi Maran's colle Ministry, Forests was taken into cus to enter the house ( under siege at one
Most of these the wee hours. The Karunanidhi's Oli past midnight, tore ing to his bedroom shrieking and kick While princip S. Ashok Kumar former Chief Minis
Many ordinary In
ing it to leave the sent a failure of t India as a multi-c and multi-religiou (Courtesy:Far Rev

TAMLTMES 25.
Wengeful Jaya
ed to Backtrack
G Sambedkar, Chennai
Jayalalitha with a fell Swoop on June Minister M. Karuon M.K.Stalin were on corruption chaRs.4 crore fly-over
ld Union Industries Maran was placed in hile in the Apollo ment. He had been ice official and sushe was sought to be aulting that very of
o bodily lifted, his lid on the table of a y in his underpants ) leave the company
hanidhi's daughter agged on the ground o protect her father ndled by the police. ndan was beaten up. ague in the Union minister T.R. Balu stody while seeking of Maran which was point of time. events took place in police stormed into ver Road residence down the door leadand took him away, ing. pal sessions judge directed that the ster be given a medi
dians believe allowunion would reprehe very principle of ultural, multi-ethnic s society.
Eastern Economic iew --July 26, 2001)
cal check-up before being sent to the prison, the police cocked a snook at the courts and took him directly to the Chennai central prison.
The judge advised against shifting Stalin to any other prison in view of security consideration. But the 47-yearold Mayor was taken by road to Madurai, 450 km away, a good gruelling 10-hour journey in a rickety police van.
The Chennai citizens woke up to the graphic images of Karunanidhi's detention. The Sun TV, owned by Murasoli Maran’s son Kalanidhi, kept flashing clips in which Karunanidhi is seen being dragged out of his home, manhandled and slapped and at one point, crumpling to the ground.
The Sun TV also scrolled across the screen the telephone numbers of the Prime Minister's Office and the Chief Minister's secretariat, asking the citizens to phone up and register their proteSt.
Such was the extent of the public revulsion that even the AIADMK's loyal allies were forced to protest. Most of the political parties including the TMC and the two left parties denounced the “barbaric” way in which 78-year old Karunanidhi was taken into custody.
But then the Chief Minister was not unduly bothered. She was only redeeming the pledge she had made to herself and to her cadres. She had vowed a year ago to exterrminate the entire Karunanidhi clan if she to came back to power. She also had promised put Karunanidhi in the same cell that she had been put into when he was in power and make him eat from the same plate she had to when she had been in custody on corruption charges. And she surely had begun to redeem her pledge in right earnest.

Page 26
26 TAM TIMES
Denying the charge that Karunanidhi was beaten up, she said it was Maran who pushed him, causing the former Chief Minister to stagger and lose balance. In order to prevent him from falling, policemen lifted him up, she claimed.
She reacted sharply to all the criticism over the arrests, accusing Maran and Balau of rowdyism and demanded that they be dropped from the Union Cabinet. However, it was she who was forced to go on the back-foot, drop all the cases against the two Union Ministers and release them unconditionally. The very same principal sessions judge who readily remanded all those arrested on June 30 went on to pull up the police officials for their shoddy investigation and the shocking callousness they displayed while dealing with such dignitaries as a former Chief Minister. He eventhundered, “Is your heart made of mud or muscle?' while addressing the police officials.
That was the tune a full three days later. It had changed following strong reactions outside the courts.
The National Democratic Alliance government woke up to the outrage a few hours later, got its act together, sent two different delegations, one official and another non-official, to Tamil Nadu on a fact-finding mission.
Both went back with damning reports, and the first head to roll was that of Governor Fathima Beevi. She had of course nothing to do with the affair. She was only a scapegoat. "How could the constitutional Head of the State (of Tamil Nadu) have kept quiet in the face of such gross violations of human rights and constitutional norms?" was the question raised. The fact of the matter is that Fathima Beevi had fallen foul of the Centre by unilaterally appointing Jayalalitha as the Chief Minister, ignoring her electoral disqualification, without so much as a by-your-leave to the Union Home Ministry.
It was former Defence Minister George Fernandes who led the NDA fact-finding mission, and predictably he let loose a series of invectives over the unprecedented humiliation of the former Chief Minister and two cabinet ministers.
In the past Jayalalitha had publicly denounced Fernandes for his alleged links with the LTTE, it may be recalled
here, and charged hi. a hand in some defen his opportunity to r ment, and he did so ' élan.
If the DMK cadı ties activists and tl were all taken abac ways of the police ur June 30, she got a medicine when the ( like a ton of bricks c government the next Prime Minister V be reacting rather many expected the weight behind the I one of the constitue reason that it is perc the decline.
If anything the w BJP was stated to ha distance itself from period of time and in into the front well in Lok Sabha elections, that when the local manded the recall o after she invited Jaya government, Prime reacted angrily and the Tamil Nadu uni took pains to cultiv erated time and agai for any confrontatio Well before thi tions, she had tried to using the good offi journalist Cho Ran move proved in vai to be hoping against desperately needs til eration to get overt hurdle, become a M sembly and continu ister.
Right through th not utter a word ag kept sending feeler command.
But all her effo nought thanks to he iour on the Karunan say with justice that were forced, more heart-rending visual sub-continent by th If only she hadh deftly, the Vajpaye have struck such an

n with having had ’escams. This was eturn the complivith characteristic
es, the civil liberle general public k by the vicious der Jayalalitha on dose of her own entre came down in the Tamil Nadu
day.
ajpayee seemed to slowly. And not NDA to throw its DMK though it is nts for the simple ived as a party on
hole strategy of the lve been to slowly
the DMK over a duct the AIADMK time for the next It may be recalled unit of the BJP def Governor Beevi alalitha to form the Minister Vajpayee promised to rein in it. Jayalalitha also ate the BJP and itin that she was not n with the Centre. e Assembly elec) re-enter the NDA, ces of the likes of haswamy, but the n. Still she seems hope. Anyway she he Centre's co-ophe disqualification ember of the Aseas the Chief Min
e campaign she did ainst the BJP, and s to the BJP high
ts have been set at impetuous behavidhi front. One can the Centre's hands so because of the s flashed across the e Sun TV.
andled ita bit more 2 regime might not aggressive posture
15 JULY 2001
and she would not have had to retreat on all the fronts as she has now.
At one stage the Centre even threatened to invoke Art.356 of the Constitution which provides for the dismissal ofa State Government. Jayalalitha was rattled. There was no breakdown of law and order, she pleaded pathetically. "No such situation has arisen in Tamil Nadu. Law and order is being maintained very well. Even after the arrest of Karunanidhi, Stalin and others, the State is calm and peaceful, except for a few sporadic incidents of stone throwing," she said.
She alleged that the Sun TV footage of Karunanidhi's arrest was a "deliberate and stage-managed stunt.” She also deputed a couple of her senior ministers to New Delhi to present her case. First she only ordered that the Maran and Balu be released on bail, but having tasted blood, they refused to seek bail. They wanted the charges against them to be dropped unconditionally. She had to fall in line. She also released post-haste thousands of DMK cadres taken into custody. Finally the prizest catch of them all, Kalaignar Karunanidhi too, was released "on grounds of his old age and health," though the case against him is to be pursued. Clearly all her calculations had gone awry, and the proud woman had to eat the humble pie.
Except for the Congress and the left parties, no one else was willing to speak up for her, and even they made plain their displeasure over the way Karunanidhi was arrested.
At the end of the day Karunanidhi had emerged as a hero, and she did not know where to hide her face. She had vowed to throw him into the very cell in which she had been detained by the DMK regime. And surely he spent a couple of days in that cell, but what a pyrrhic victory it all proved to be.
For quite some time to come she would have to shelve her plans to arrest the DMK chiefyet again, even registering cases against him would be looked upon with suspicion.
There was this Madras High Court judge who slammed the Tamil Nadu government raising the questions: "Can the Jayalalitha government, itself on a sticky wicket, take policy decisions?" Till the validity of her Chief
(continued on next page)

Page 27
15 JULY 2001
| TAMIL, NADU
ATOUGHRESPC
Without even ensuring a firm grip on power, C. Jayalalithaa has invited the Central government into l strayed onto a terrain that she will find tough to negot
Sukumar Muralidharan
IN the days when the federal balance of political authority lay heavily skewed towards the Centre, there was often a degree of concern expressed over the tendency of State Governors to function at the behest of those who appointed them, rather than those they served. "Gubernatorial activism' was the frequent subject of muttered imprecations by those who worried about the growing encroachment on the powers of the State.
There have been numerous occasions when the Governor's acts of commission have led to calls for his or her recall. Few precedents, however, exist for this final exercise of the doctrine of presidential "pleasure" in the constitutional scheme. When M. Fathima Beevi was hustled into resigning as Governor of Tamil Nadu by the Union Cabinet's advice to the President that he withdraw his pleasure for her continu
(Continued from page 26)
Ministership is decided upon by the Supreme Court, "is not her position similar to that of a care-taker Chief Minister?" and noting: ".... in a democracy, there is no place for political vendetta...”
When the general atmosphere has changed against her so dramatically, it would now be a mootpoint whether she would be able to get the nod of the courts to contest the elections and continue as the Chief Minister.
While that is a delectable scenario, what is not is the reinforcing of the ties between the DMK and the BJP. Karunanidhi would fornever remain indebted to the BJP for the solidarity it showed at his hour of crisis. And that is no good news for the secular-minded in Tamil Nadu.
ance in office, it ma a high constitutional removed from offic sion. Activism and ship were not so mu litical passivity and aversion - curious f of the Supreme Cour plex determinations Article 154 of stipulates that the e: the State governme. in the Governor. A provides for a Coun the State which will Governor in the exe tions. There is, howe cretionary authority same Article, thou with any clarity, wh will not be bound by Council of Ministers complaints that thi tended to be define manner. Fathima Be the first time that act ated on a complaint t ary authority of a G interpreted in an in
ac.
The charge again to paraphrase Uni Arun Jaitley, is th closely by the advic Council of Minister in his characterisatic a reiteration of the ac the Tamil Nadu Chi ostensibly acted on government. In unc a partisan account, guard the interests o ernment and default tion to uphold the co In listing out the
 

NSE
ief Minister attle and thus site.
ked a rare case of functionary being for acts of omispolitical partisanch the issue as poa temperamental or a retired Judge - to arrive at comof fact and law, the Constitution kecutive power of nt shall be vested rticle l63 further cil of Ministers in aid and advise the rcise of her funcver, an area of dismentioned by the gh never defined ere the Governor the advice of her . There have been s area has often in an expansive vi's recall marks ion has been initihat the discretionovernor has been rdinately modest
st Fathima Beevi, in Law Minister at she went too rendered by her . Her report was, l, little more than :ountrendered by :f Secretary, who ehalf of the State tically accepting he failed to safethe Central gov'd on her obliga
Istitutional order.
Governor's cata
TAMILTIMES 27
logue of failures, Jaitley drew pointed attention to the scant attention she had paid to the propriety of the State police picking up an ailing Central Minister from his home when there was no case against him. To the Central government’s concerns about any possible injuries that Union Commerce Minister Murasoli Maran may have suffered, Fathima Beevi allegedly responded with a disavowal that merely echoed the Chief Secretary's finding. On the arrests of DMK cadres, the Governor had only the rather trite observation that the party had a large membership which necessitated the detention of sufficient numbers to ensure that there was no breach of public peace. And on the crackdown on the media - not merely in the aftermath of the Karunanidhi arrest but even earlier - the Governor had little of substance to say.
Yet, partisanship is clearly not a charge that will hold against Fathima Beevi. In 1998, when Jayalalithaa was in Opposition in the State and won an unexpected harvest of seats in the parliamentary elections, the Governor proved indifferent to her demand for the invocation of Article 356 to dismiss the incumbent State government under M. Karunanidhi. Even as Jayalalithaa was raising the pitch of her demand, not hesitating to threaten Prime Minister Atal Behari Vajpayee with a withdrawal of support that would reduce him to a minority, Fathima Beevi held a rare press conference to pronounce herself completely satisfied with the performance of the Karunanidhi government on the law and order front.
The steadfast refusal to get entangled in complexissues ofpolitical contestation may be a virtue in governors in less turbulent times. But since the May general elections to the Tamil Nadu Assembly, this is a proclivity that has tended to draw Fathima Beevideep into controversy. Most constitutional experts were appalled by the haste with which she swore in Jayalalithaa as Chief Minister, despite the magnitude of the popular mandate her party had received. When the gubernatorial functions of advice and counsel seemed eminently in place, Fathima Beevi chose not to enter into any complex issues of constitutional and legal interpretation. A similar effort to avoid being drawn into the political thicket has

Page 28
28 TAMILTIMES
now led to her removal from office.
In the partisan battlefield of Tamil Nadu politics, the Governor proved a soft target. In dismissing the conscientious, if low-profile and rather ordinary former Judge from her gubernatorial office, the National Democratic Alliance government was clearly serving a warning on the Tamil Nadu Chief Minister. It is a warning that was quickly heeded. Amidst demands from a variety of sources that Article 356 be invoked to dismiss the Tamil Nadu Ministry, Jayalalithaa sent a senior party functionary, C. Ponnaiyan, to Delhi to explain her actions. Concurrently, the two Central Ministers who had been detained by the Tamil Nadu police were ordered released. Just when it was due to take up the report of a team of three Home Ministry officials on the situation in Tamil Nadu, the Union Cabinet seemed to think the better of it. The Cabinet meeting was postponed and the threatening posture relaxed. (When the Central team, led by M.B. Kaushal, met the Tamil Nadu Governor on June l, she reportedly gave it the State government’s version of the incidents.)
As she embarked on her mission of giving thanks at a number oftemples in Kerala, Jayalalithaa must have felt rather isolated. Her electoral allies had reacted with Shock and dismay to her undi luted pursuit of the politics of vendetta. The failure to follow established processes of the law and the violence inflicted upon the person of an aging former Chief Minister, had decisively turned public opinion against her. And her pleas that she had an adequate explanation for the actions of her police force, as also the release of video footage that purported to give an alternative picture of the events leading up to Karunanidhi’s detention, made little impact.
Karunanidhi's victory in the propaganda war is likely to have certain long-lasting implications for the situation in Tamil Nadu, as it impinges on the State's relation with
the Centre. Whil Bharatiya Janata F gral part of the ruli Centre, AIADMK strove relentlessly missal of the State der Article 356 of She von few con and her frequento became the subjec litical jests. She ol unsurpassed effro missal of the Kar ment in Tamil N. unwritten agreem prior to the 1998 Finally, her trucule lapse of the Vajpay 1999, though the Nadu continued served out a full f Within six wee power, Jayalalitha persuade her erstv their scruples abo of Article 356 v George Fernandes National Democra ran regular pea Chennai in th Jayalalithaa was a the ruling coalitic record that the Ce should not meri recall of the Sta initiate stronger a who led an NDA Vijay Kumar Ma and Sukhdev Sin, Akali Dal, made ter meeting Karur tral Prison in Ch at the Apollo Ho
The Karuna proved deeply em the parties that Jayalalithaa durin bly elections. " termed it “impro able', while the C India(Marxist) re. cumstances in v ducted created " sion” among the p forthright in con while the Tamil

2 an ally of the arty and an inteng coalition at the chief Jayalalithaa to secure the dis; government unthe Constitution. "erts to her cause utbursts and sulks : ofirreverent pohce claimed, with htery, that the disunanidhi governadu had been an ent with the BJP general elections. nce led to the col'ee government in
DMK in Tamil in authority and ve-year term. ks of returning to a has managed to while allies that all ut the invocation were misplaced. , convener of the tic Alliance - who ce missions to he days when crucial partner in bn - has stated on entral government aly stop with the te Governor, but |ction. Fernandes, A team including hotra of the BJP gh Dhindsa of the this statement afanidhi at the Cenennai, and Maran spital.
hidhi arrest has barrassing even for were allied with g the last AssemThe Congress(I) per and unacceptommunist Party of retted that the cirhich it was conin adverse impresublic. The CPI was emning the arrest, Maanila CongreSS
15 JULY 200
and the Pattali Makkal Katchi expressed their dissent.
Even as Sun TV captured national audiences with footage of the Karunanidhi arrest, Jayalalithaa proved impervious to all the anxious inquiries that were coming her way from the Centre. Finally, the Chief Secretary of the State was asked to provide the necessary clarifications, since the Governor also proved conspicuously unequal to the task. Late on the evening of June 30, the Centre decided that it needed to get tough. An ultimatum, itself unprecedented, was issued on the Governor to furnish her account of the day's events by 9 a.m the next day. Belatedly awakening to the damage potential of her actions, Jayalalithaa broke her silence, asserting that a quite different interpretation was possible of the day's events. Unfortunately though, the interpretation that carried the day was one that was completely adverse to her interests.
The peculiar exigencies of coalition politics today ensure that there are no permanent friends or adversaries in national and State politics. But relations between the two principal political contestants in Tamil Nadu clearly elude this generalisation. Differences in political maturity and temperament though, make the contest an unequal one. While Karunanidhi proceeded with caution, deliberation and extreme attention to detail in his effort to bring Jayalalithaa to book, the latter has proved reckless, intemperate and quite flagrantly vindictive. Her multiple legal vicissitudes and the vigilance of the media ensure that Jayalalithaa's own grasp on power is tenuous. But without quite securing this flank, she has rashly opened up another front, inviting the assembled cadres of the DMK and the Central government into battle. Despite her ample legislative majority, the impetuous Chief Minister of Tamil Nadu has perhaps now Strayed onto terrain that she lacks the means to negotiate.
(Courtesy: Frontline)

Page 29
15 JULY 2001
short story
ప్లే
A Co(u)Wntry
By V.N.Giritharan [Translation: Latha Ramakrishnan (Madras), Edited by : Bets)
As it was Sunday the road looked less crowded than usual. No traffic jam, either. Ponnaiya's Honda Accord was creeping smoothly along St. Clair West. Driving a car during Sundays or holidays was Ponnaiya's passion, so to speak. With no tension and no worry about some one honking the horn behind, he could drive leisurely, indulging in sight-seeing and so enjoying the city. A pleasure, indeed. But then, of late people had started Sounding their horns even on Sundays. The city was growing day by day. As it swelled, the people, too, were starting to lose their patience, so at times like this Ponnaiya would tell himself, "As fast as the growth of the city, people's standard of living should also grow. Otherwise, problems are bound to multiply".
Going past Old Weston road and also Keel's intersection, the car meandered along. On the left side, the Beef Packers slaughterhouse has spread, occupying a vast space. A great, grand butcher house where hundreds of cows were done to death and cut to pieces every day. By nature, Ponnaiya was kind -hearted. He would prefer to love one and all living beings. As long as he was in his native place he had remained a strict Vegetarian. But after coming here, he gradually changed. Yet for the kind of climate prevailing here, if man is not to eat meat he would be gone in no time!
Suddenly, the creeping traffic was disrupted. Ponnaiya looked at his watch. It was well past eleven o'clock. The Punjabiwallah had asked him to come by ten. The one garage that Ponnaiya knew to be fair was the Punjabiwala's. There was slight jerk in the steering of the car and ever since yesterday Ponnaiya had been anxious to take it in. But What is this untimely traffic jam? Wondering, he looked in front to find out what was the matter.
A crowd had gathered as if for a carnival. Ponnaiya reflected how in their bent for curiosity all men are one and the same. As there stood a huge Beef Packers' truck blocking his view, he couldn't see clearly. Looking at a chinese man who was standing at the road side watching what was happening, Ponnaiya called out. "Hi man, what is the matter? What's going on?”
The Chinese w tle English tha "Beef.escape.slau who was standing his broken English. laughing. Both ha A cow had escape house.
There arose in pathy for the poor a narrow escape fr Turning the car of it in a corner, Ponn among the crowd, the proceedings.
The cow stood glaring at those around and happily could feel the fear eyes. Its pathetic S chord of human ki him. Ponnaiya sta long can you poor hold out? My dear, compete with ma Scathed and Succes Another thoug would this cow be had this lone creat and come this far?” turing the rest of slaughterhouse wa be butchered.
"Poor cow, it is tenuous nature of th and that is why it is might to protect th And he could those in his native there who are exac tion as this cow? escape in a hapha are caught again, th any way, die wher attention was draw was vehemently ch ing to go closer. Y moving in its dire with a kind of help sorrow personified drop by drop, tears “What is the ( What is it thinking it cry? Is it crying tion? Or is it thin villainous men lie i
 
 

SSG
Harrell (USA)
ith the help of the litt he knew, said, ghter.” A white man next to him laughed at Ponnaiya also felt like d understood though. d from the slaughter
Ponnaiya some symunknown cow that had om the jaws of death. the road and parking aiya got out to mingle which was watching
on the street car rails, who were standing watching it. Ponnaiya of death lurking in its ight touched his inner indness and saddened rted worrying. “How animal of five senses Stupid cow. Can you n and come out unSful?' ht struck him. "What feelings now? What ure suffered to escape He couldn't help picthe cows inside the iting for their turn to
not able to realize the Le freedom it has won, struggling with all its is freedom.” n’t help thinking of land.” How many are tly in the same situaThere are those who ard manner and then pse who, unable to find they are.” Again his n to the cow. Still it lenging all those tryet, when nobody was tion, it stood silently less fear, looking like From it eyes, slowly, were rolling down. ause for those tears? about now, that makes or its helpless condiing of the way those wait for its flesh and
TAMILTIMES 29
hide, and how its life to come to a standstill, trapped and soon to be guillotined? Why is the poor animal is shedding tears...?'
Suddenly a new thought rose in Ponnaiya. "What if I pay for the cow and so save its life? At home in Jaffna we could at least tie it in the backyard. But where could I keep it here? In the apartment? And even if I am able to save it, will saving just this one cow alone solve the problem of all the rest of the cows who are in the exactly same situation as this one?'
Meanwhile, someone must have informed the police about the cow causing a traffic jam. With emergency light flashing and ever-wailing siren a police car rushed to the commotion. Two policemen alighted from it. Making a lasso with a rope, they struggled for some time. But could not move the bovine, which stood its ground determination. A large crowd of reporters and T.V. crews had gathered with cameras.
"The cow is involving in a life or death struggle, fighting to save its life. There's one part of the crowd to overpower it and do away with it, another part to enjoy watching the excitement, another to photograph it, and also fourth that is indifferent or impotent to do anything!" To think that he was also one among this crowd Ronnaiya couldn't help hating himself.
Seeing that their efforts were not bearing fruit, the policemen assembled together and discussed different ways and means of capturing the cow now. Meanwhile, a large number of vehicles had come to a standstill on both sides of the road, causing an enormous traffic jam.
The drivers who were far away and unable to know the reason for the traffic jam began to sound their horns one after another. The policemen realized that the situation was going out of control.
At last the cow problem came to an end. The poor beast's love for freedom was cruelly crushed by the two-legged animal who shot it with a tranquilizer. It fell on the ground and was carried off to the slaughterhouse.
The traffic began to flow again. One by one the crowd began to move away. Thinking that the Punjabiwala was sure to scold him for being late, Ponniah leapt inside his car.
The recollection of cow's love and Zest and heroic fight for freedom made him feel a kind of respect and reverence for it. You won't believe this, but from that day onwards Ponnaiya once again turned into a strict vegetarian.
("Canadian Tamil Literature'at http:ll www.pathcom.com/rgthamilwriter.html

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30 TAMILTIMES
霉
MATRMONIAL
Jaffna Hindu parents seek professional groom for attractive fair graduate daughter, 28, in good employment in UK with slight affliction of Mars. Please send horoscope, details. M 1247 C/o Tamil Times. Jaffna Hindu brother seeks partner for sister, 32, M.Sc., employed in UK. Send horoscope, details. M 1249 c/o Tamil Times, Batticaloa born Doctor father seeking Batticaloa origin, attractive, Hindu Tamil professional bride for British qualified Doctor son, 35, holding prestigious job in London. M f 250 C/O arri TirnieS. Jaffna Hindu parents seek bright, energetic, cultured bride for their cheerful, outgoing and considerate son. He is a British born 31 years old with a successful professional career in Digital Media consultancy. Please send details. M 125 í C/O armil TimeS. Jaffna Hindu mother seeks partner for daughter, 25, medical doctor, educated, qualified and working in UK, Mars slightly afflicted. Please send horoscope, details. M 1252C/o Tarril Tirries. Jaffna Hindu Tamil parents seek bride for their son, 34, doing business in UK. Send horoscope, details. M 1253 C/o Tamil Times. Jaffna Hindu Tamil sister seeks qualified partner for brother, 31, 57-1/2", UK qualified engineer working for telecommunication firm, Mars afflicted. Please send horoscope, details. M 1254 C/o
arri inneS.
WEDDING BELS We congratulate the following couples on their recent wedding. Perinparaj, son of Mrs T. Kunarasah of 19 Beach Road, Mount Lavinia, Sri Lanka and
CLASSIFIED ADS
། st 20 words 10, each word 60p charge فسش to No. 23. (Wat 17 1/2% extra). Prepayment essential.
The Advertisement Manager, ami Times Ltd, PO Box 121, T
the late Mr. R. Kunarasah and Shamini, daughter of Mr. K and Mrs. C. Rajah of 35-1/2 Viwekananda Road, Colombo 6 On 25th June 2001 at Miani
(Emerald) Hall, Alexandra
Road, Colombo 6. Sivashankar, son of Dr. & Mrs. M. Sri Ranganathan of 2 Johns Lane, Morden, Surrey SM4 6EU and Shamila, daughter of Mr. & Mrs. A. Sundaralingam of 2F Stafford Road, Hounslow, Middx TW3 3EW On 30th June 2001 at Guildford Civic Centre, Surrey, Mohan Raj, son of Dr. & Mrs Naliah of 3, Blaen-Y-Coed, Radyr, Cardiff CF15 8BL and Vidhya, daughter of Mr. & Dr. (Mrs.) Thiagamoorthy of 15A Park Road, Wallington, Surrey SM6 8AA on 7th July 2001 at Kelsey Park School Hall, Beckenham, Kent.
OBTUARY
Mr. Sinnadurai Sivagnanam (63), Secretary, London Sivan Kovil Trust beloved husband of Parathi; loving father of Suresh and Ramesh, affectionate father-in-law of Susanne, youngest son of late Mr. Sittanpalam Sinnadurai and Mrs. Selannah Sinnadurai of Vaddukoddai, Jaffna and son-in-law of late Dr. and Mrs. Saravanamuthu of Malaysia passed away on 29th June and was cremated on 8th July 2OOf.
The members of the family sincerely thank all friends, rel
 
 
 
 
 
 
 

atives and members of London Sivan Kovil Trust, Tamil Information Centre, Central British Fund for Tamilis, Skanda Varodaya College Old Students ASSOCiation, Saiva Munneta Sangam (UK) and other organisations who attended the funeral, sent messages of sympathy, floral tributes and offered assistance during the period of great Sorrow. - 29 Crescent Way, London SW4 OL. Tel 0208692O823/8682 9365.
IN MEMORAM
In loving memory of Mrs Mankay Sivasampu on the eleventh anniversary of her passing away on 2.8.90.
Sadly missed and fondly remembered by her two sons. - 15 Wolsey Road, Chessington, Surrey KT9 1XG.
In loving memory of Mr. Saravanamuthu Appathurai on the first anniversary of his passing away on 4th July 2000.
Sadly missed and fondly remembered by sons Gane
shamoorth y and Suntharamoorthy; daughters-inlaw Irasamalar and Sarathadevi; grandchildren Dinesh, Kokulara, Kesavan, Divakari, Kokulan and Suthakar, - A. Suntharamoorthy, 95 Holyroad Avenue, South Harrow, Middx HA28UD. Tel 020 8423 1628.
15 JULY 2001
Mr. A.N. Jeyatheva, in ever loving memory on the first anniversary of his demise on
13th July 2000 in Sydney.
Sorrowfully and fondly remembered by his wife Sarojini Devi, his daughters Shyamala and Revathy and their families in Sydney, sister Ananthavalli and family in Canada, brothers Sugunatheva and family in UK, Vimalatheva and Devi in Colombo. - N. Sugunatheva, 17 The Drive, Northwood, Middx HA6 1HQ. Tel: O1923 825.219.
FORTHCOMING EVENTS Aug 1 Pirathosam, Feast of St. Alphonsus. Aug 3 Full Moon; Varalakshmy Viradham. Aug 4 South London Tamil Welfare Group (SLTWG) Elders' Day Tel: 020 8542 3285. Aug 6 Feast of the Transfiguration of the Lord Jesus Christ.
Aug 7 Sathurthi. Aug. 8 Feast of St. Dominic. Aug 10 Feast of St. La Wrence. Aug 11 SLTWG Drop ln. Tel: O2O 85.42 3285. Aug 12 Karthigai. Aug 15 Eekathasi; Feast of the Assumption of the Blessed Virgin Mary Aug 16 Pirathosam. Aug 18 Amavasai. Aug 21 Vinayagar Sathurthi. Aug 22 Feast of the Queenship of Mary.
Aug 24 Feast of St. Bartholonne W. Aug 25 Feast of St. Louis, SLTWG Trip to Bournemouth. Tel 02085423285. Aug 27 Feast of St. Monica. Aug 28 Feast of St. Augustine.
Aug 29 Eekathasi. Aug 30 Pirathosam.

Page 31
15 JULY 2001 -- ------------ ---
Dr. Nagalingam Kandasamy - Appreciation Dr. Kandasamy, known to his many friends as Kandy, passed away recently in Devon and the funeral took place in London at his daughter's residence.
Dr. Kandasamy was the eldest of three boys in a well-known family from Karainagar. He had his education at Jaffna Hindu College where he had a brilliant academic record and entered the medical faculty of the University of Ceylon, Colombo obtaining his MBBS in 1951. In 1953 he married Vadivambikai daughter of Mr. S.K. Thuraisingham Assistant Director, Department of Agriculture.
Kandy had a passion for Surgery and worked towards it as House Officer and then Registrar in Kurunegala and Jaffna. His natural skill in Surgery earned him an opportunity to cover the work of ENTsurgeons in Galle and Kurunegale where he received many accolades from his patients and colleagues. He then proceeded to the U.K for postgraduate studies.
Kandy was a good friend and very much devoted to his family. As the eldest son-inlaw he played a senior role in the family, giving guidance and advice, which was very well appreciated. He had a rare capacity to move through the storms and turbulence of life without being drawn into personal animosity against any of his friends Or relatives. In 1965 he retired from Government service as DMO Kayts to do private practice in Jaffna and Chavakacheri. This was a great period in his life which he enjoyed, serving the people and doing great philanthropic work with the belief that one who serves the sick serves God. He also had a great passion for Karnatic music and Bharata Natyam. This drove him to spend much time and effort in teaching his daughter this art form and he was proud when this culminated in her Arangetram in Jaffna.
Sadly, his work in Jaffna was interrupted because of the ethnic problem in Sri Lanka and he joined the early exodus of professionals and settled down in Liverpool, UK in 1974 as a General Practitioner, until his retirement in 1996. In Liverpool, he was well received by his colleagues and patients. The rapport he established with the patients was evident by the trust they had in him. Apart from his professional work and taking part in some local Tamil community activities he concentrated and devoted his attention to educating his children and, later, even the grand children. One of his finest nonents Was When the eldest of his grand children gained admission to Cambridge University to read medicine.
He is survived by Vadivambikai, his wife of almost forty-eight years, eldest son Dr. Ranjan Kandasamy, daughter Anushia indrakumar, youngest son Dr. Krishna Kandasamy and grandchildren Anita, Tanya, Oliver and Lauren. As a husband, father and grandfather he was caring, lov
ing and devoted. As cherished high prin. nised as a man o friends and relative,
He will be greatly and friends. May hi the feet of the Almig
Surgeon H Service to th
Dr. Rajaratnam Nati Sultant Cardiothora Colombo National F migrated to Australi the Medal of the Ord vices to medicine as community of North is the first Sri Lank gious award.
Born in Urumpiral, training in Sri Lanka, in UK and in Clevel: as a Thoracic Surge to 1977.
He attributes his su ation he received fro mi, who was a Con Colombo, and gave after his ailing pare concentrate on his p the peaceful and pro environment provide domicile, Australia.
Coun:
Many people who ha our homelands h extremely painful ed of these experience solved feelings, whic all and health prob, there is a need to se to recovery. Counse to cope with emotion. in confidence to S. Stands and is trust non-judgemental.
There are many
 

a God-fearing man he tiples and was recogexcellent integrity by
missed by his family soul rest in peace at hty Onoured for e Community
«unan Who Was ConIcic Surgeon at the hospital till 1985 and a has been awarded er of Australia “for ser
a surgeon and to the West Oueensland. He an to gain this presti
he had his surgical Liverpool and London nd, USA and WOrked Din in Jaffna from 1970
'ccess to the co-opern his wife AnnalakshSultant Pathologist in Lup her career to look nts, enabling him to rofessional work and idly multicultural work d by his country of
elling
Ve Come to UK from ave been through periences. Memories ; can result in unrecan Cause emotionms. Identifying that k help is the first step ing is an opportunity | difficulties by talking neone who under'orthy, impartial and
9asons why people
TAMILTIMES31
seek counselling loss of loved ones, experience of violence/abuse, relationship difficulties, depression, isolation, lack of selfconfidence, anxiety, self-destructive behaviour, dissatisfaction with life in general, sense of helplessness, anger and frustration.
Within the safe and Confidential environment of counselling, a counselor can help find new ways of understanding one's problems and explore the emotional issues by freeing up unexpressed feelings that are making one unhappy or making one's life difficult. Exploring these issues may be a painful process, but with the help of the counsellor, people can begin to develop clarity and insight, which will facilitate developing a greater sense of choice, balance and direction for a better life.
There are many organisations in this country apart from Refugee Networks, which provide free counselling service. To name a few, Carers Lewisham, a voluntary organisation (Tel: 0208699 8686) which is open to anyone in the borough, physically caring or supporting a relative or a friend with a disability. Merton Welfare Association provides various services to Tamil speaking people in the Merton borough. There are various such non-fee levying services in most boroughs. They can be reached through your GP Citizens Advisory Bureau or Social Services Department.
Mrs Yoga Perinpanathan, Counsellor (Tel: 0208249 0816).
Lottery Go-Ahead Grants For Bhavan UK
Mr. Maneck Dalai, Chairman of the Bharatiya Vidya Bhavan (UK) announced at a press briefing on 10th July 2001 that the Bhavan is likely to receive grants from two lottery funding sources - The Millennium Commission and the Arts Council of England. Consequently, the Bhavan is about to start its Millennium Plus building and refurbishment projects which will cost
E1.35n.
A grant from the Millennium Commission of £522,000 will go towards the cost of the new extension planned. The result would be a new art gallery, archive, classrooms and better all-round facilities. The Arts Council Capital grant of £150,000 would be utilised for the refurbishment of Mountbatcontinued on page 32
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Page 32
32TAMILTIMES
continued from page 31 ten Hall with better seating and increased accessibility.
Mr. Dalal thanked the two granting bodies for the awards and said that with their support, the Bhavan would continue to be the outstanding centre for Indian art in this country. He pointed out that the successful completion of the projects would need the continuance of Bhavan's own fund-raising efforts. He said that Bhavan has to date raised around £450,000 from raffles, special events, banquets and grants from individual donors such as Mrs M.P. Birla, a long time supporter.
Mr. Radhakrishnan, Chairman of Bhavan's Building Committee said that work on the projects will begin on 6th August and is expected to be completed by March 2002.
Arangetram - Sisters Account Themselves Excellently
"Dance is the Creative act in which there is perfect oneness of all creations and the creator and it portrays with all finesse great beauty and charm, exquisite rhythm and enchanting music all intrinsic to this unity' said Richards Karunairajan, the Guest of Honour at the Arangetram of Malini and Shanthini Luckunnanananthan at the Woburn College Auditorium in Toronto on June 30th 2001.
Students of Sri Lalitha Kala Kendhiram and Guru Ananthy Sasitharan, Malini and Shanthini thrilled an audience of relatives, friends and Bharatha Natyam enthusiasts with a scintilating display of their talents and excellence in the intricate movements and expressions demanded by this classical dance display that goes back to antiquity. Relaxed and very much at ease through the evening, the gifted sisters performed their numbers to the Gambeera Nattai (Alariippu), Ananthabhairavi (Varnam), Hindolam (Govintha Tharangam), Poorvi Kalyani (Kirthanai – Anantha Nadanam Aduvar and Kamaas (Thilana)
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ragas. Sabdham anc were rendered in Rag Thoothu and Govinth solos by Shanthini and The appreciative audi Sisters' admirable accc priately.
Led by Guru Anant tuvangam), Srimathis jah and Vijayalakshmi vocal support along Rajalingam (Mridanga (Violin) and Sivasamb Veena).
Commenting on this Mr. Karunairajan said tradition has deep me Settle down in Our r Observed that the inte younger generations i. side in the community tural and spiritual fou respect our traditions avenues for the genu Souls that unite us enrich us with love, C dom.
Arani A
Sunthar’s Flut
The Flute Arangetral Mr. & Mrs. Chandra of Craigwell Drive, S disciple of Sri Pitchai took place recently Hayes, Middlesex. C natic music hailed S. as of a very high star Commencing the c tional Navarajamali) played a delightful Ab prelude to his second Ganapathey, Conclud Swaraprasthara. Foll charatnam, he playe davam in Bahudhari, angi adding Raga A Swaram with rich M. pieces before he t Thanan-Pallavi in H talam, which he ren lowing the tradition. programme includec like ‘Enna tha Vann payude' finishing Wit Desh ragam. They
 
 
 
 

15 JULY2001
Hannan Thoothu amalikai. Hanuman Tharangam were Malini respectively. nce applauded the mplishments appro
y Sasitharan (NatPrema SriskandaraSrinivasan gave the
With VaSude van n), Kesava Moorthy p Snidas (Flute and
lassical dance form hat the Guru-Sishya anings for us as We 9W homelands. He raction of older and the family and outmust be built on Culdations and in this pen up tremendous ine attributes of our with our Creator to Iompassion and wis
Aravindan, Canada. e Arangetram
n of Sunthar son of Sivapathasuntharan tanmore, Middx and appa Gnanavarathan
at Beck Theatre, onnoisseurs of CarInthar's performance dard.
oncert with the tradia Varnam, Sunthar phiraga alapana asa number, Shree Maha ng it with a shower of wing the Arabhi Pandi Sathananda Thannd Mari Vere in Lathapana and Kalpana nodharmam for both lok up the Ragamrikambhoji set to Adi ered very neatly folhe second half of the very popular pieces seithanai” and ‘Alai Lalgudi's Thilana in 9re all executed very
sweetly and dexterously.
Mr. & Mrs. Sivapathasuntharam should be proud of their talented son, as Sunthar has both raga and laya gnanam. He has soaked himself in traditional Carnatic Music and has boundless enthusiasm and a querying mind. He works hard to bring out his musical ideas on the instrument he plays. In short he has all the ingredients for the making of a good musician. Learning vocal music and violin has definitely helped him in achieving proficiency on the flute. The Guru Sri. Gnanavarathan has to be specially congratulated for bringing out the latent talent in his pupil to fruition. By his gentle guidance he has helped Sunthar to achieve great heights.
Sunthar is lucky to have had an excellent troupe of accompanists, who guided him through the concert affectionately. Dr. LakshmiJayan, a very experienced senior violinist followed Sunthar like a Shadow. Her raga enunciations were richly laden with bhava. Sri Bangalore Prakash on the minidangam and his cheerful brother Prathap on the ghatam were very supportive through-out the concert and their tani aavathanan' was full of fireworks which was relished by the audience.
May God bless Sunthar with success in all his future ventures.
Rasika.
British Educational Communications and Technology Agency (Becta)
On June 14th Becta hOSted Over 80 delegates at the Kensington Hotel Conference room, the theme of the conference being 'Using ICT to support Community Languages'. There was a strong presence from Northern Ireland as well as a Scottish contingent who came to contribute to a day for teachers and policy makers.
The European Year of languages is a chance to celebrate the diversity of languages spoken throughout Europe by all its citizens. To mark the year Becta has launched a new web site on 4th July at
http:/WWW, becla.org.uk/inclusion/incuSion language/COMmunity
This will have case studies, Web links, information about software fonts translation engines and peripherals. There are also SAY IT (Information Technology) sheets which are now available in 24 languages including Russian, Swahili, Korean
continued on page 33
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Page 33
15 JULY2001
continued from page 32
and Serbo-Croat. The next two languages will be Tamil and Welsh. These can be downloaded from the Web on the Community Languages site or a free copy of any sheet needed would be sent on receipt of an email to becta 6bccta.org.uk
Mr. Siva Pillai from Goldsmiths College, University of London and Becta's Tamil Consultant demonstrated how PowerPoint could be used to create multimedia materials. Often teachers and pupils do not progress beyond word processing while there are several exciting developments using PowerPoint where it is possible to incorporate sound and video. These raise learner's motivation by providing visual stimulation and immediate feedback. PowerPoint enhances listening skills and can encourage young people to become independent learners as they can try out activities on their own Without the assistance of others.
Siva has created talking books based on fables, a CD ROM of resources designed to help learners link sound and symbol in the Tamil language and learn elemental vocabulary such as parts of the body, family relationships etc. Those interested in these resources could contact him at Department of Educational Studies, GoldSmith College, University of London, New Cross, London SE14 6N.W. or email: siva 63gold.ac.uk.
Carnatic Recita Boosts Funds for Jaffna Hospital
A carnatic vocal recital, a rare feast by Kalaimamani Bhushany Kalyanaraman helped to raise more than £3000 to support the Jaffna Hospital. The Friends of the Jaffna Hospital in London organised the concert at the 'Sivayogam' Hall in Tooting
Tamil Times in Canada
available from Kalai Mahal Book Depot 566 Parliament Street, Toronto, Ontario M4X 1P9
Tel: (416) 921 5018
in South West Londo to capacity with ove lovers, musicians an dent of the organisati Welcomed the audie Rajah, a senior doct the Kuthuvilakku and The concert Conn Vanam followed by Natai - a GNB com warmed up with Sa Ragas Saveri and elaborately rendere exceptional maturity. raga Winyasas were flights. The main pi Bhairavi brought out : of Thanjavuur Kalya list of songs included vanthi), Marulhelara thasree), Jegathoth, Onrum llai, Maruthi V The Concert went On hours non-stop in ft audience, who did no time passing.
Madurai T. Sivagan lent violin support, S. dangam and Banga (Ghatam) enjoyed the vided the essential rh
Raman's Ex
ReC
The Wafersiode Centro was the venue of a fli Raman, a prestigiou presented by the Croy ty Centre on 10th Jun a well known internal performed for many received awards.
The flutist was acCC dangam by Mr. Bal teacher at the South and on the violin b
War1
Land With or Wit Colombo 4, 5 and 6 details to:
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n. The hall was filled five hundred music 7 artistes. The presiOn Dr. S. Navaratnam nce and invited Dr. }r from Jaffna to light ble SS the function. enced with Kanada Karimugavaratha in position. The Concert papathikku in Abogi. ankaraparnam were d with Vidwat and All Sancharas during woven round flashy 9ce Bala Gopala in :Ome special features naraman bhani. The Ahilandeswari (DuijaOh Ragava (Jeyanarana (Kapi), Kurai aruvan (Suthsarang). for more than three ont of a spellbound Dit seem to notice the
esan provided excelBalachandar on Mirialore R.N. Prakash programme and proythmic support.
Nadha Brahman
cellent Flute ital
e in South Norwood ite recital by Mr. V.K. S artiste from India, 'don Tamil Communi9 2001. Mr. Rannan is ional artiste Who has organisations and
impanied on the Mriakrishnan, a former Ondon Tamil School y Miss Jayalakshmi
ted
nout bulldings in areas. Please fax
4656 (UK)
TAMILTMES33
Namasivayam who is the violin teacher at the same school. Bangalore Omkar confi. dently played the Morsing and added colour to the evening's concert.
Raman ushered in the programme with the traditional Varnam in Naatakuringi Raga which heralded the performance. It was followed by "Vathabiganapathy' in Raga Hamsadwaniin praise of Lord Ganapathi. "Nirawathisuka' was the next piece in Raga Ravichandrika followed by a Kerthanam in "Saamaravaragamana' in Raga Hindolan.
In the next piece the flutist welcomes Lord Krishna in Yamankalyani and generates a scene in which the gopies adore him. The late Balasaraswathi, the queen of Bhavas depicts in Bharatha Natyam the boy Lord Krishna in jingling tiny feet with bells tied to them. The echo fills the world with mirth and Balasaraswathy as a gopi reminds him of his glory.
This was followed by a piece from Subramania Bharathi's composition 'Chinachiru kiliye”, a Padam in Ragamalika. Kannamma was Ambal to the poet and the flutist did full justice to Bharathi's impeccable dreams. Raman embellished his great devotion with faultless notes on his flute to the delight of the audience.
Thala Vaathiyam by the Miridanga and Morsing players was praiseworthy. In Thani nadai, the audience swayed to the rhythm - Cholkattu. Thilana was played with complete ease and gaiety and the audience made no secret of their joy. A sumptuous dinner was the finale of the evening.
The organisers of the concert have to be congratulated for the excellent arrangements made, including the improvisation of a stage to accommodate the performers, to provide an enjoyable performance.
Rasihai.
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