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July - Sept. 1999
《》铃铃铃铃铃《》铃《》铃《》钞领
*******M A n n - Specialist iO
Mourning an Neelan Til
INTERNATIONAL CENTRE FOF
 
 

Vol. 3 No. 4 ISSN 1391 - 2380
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000000000000000 urnal for lively minds
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RETHNIC STUDIES, COLOMBO

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Nēthrā
Journal of the International Centre for Ethnic Studies, Colombo
Nethra will appear quarterly. Subscription rates
C
Sri Lanka: Rs.350 per year
SAARC countries: U.S. Sl5 per year
Other countries: U.S. $20 per year
All rates are inclusive of mailing costs (by air in the case of foreign readers).
Material appearing in this journal may not be reproduced in any other publication without the written permission of the Editor, Nethra.
Copyright 1999 by The International Centre for Ethnic Studies, Colombo
ISSN 139 - 2380
Al correspondence to: International Centre for Ethnic Studies 2, Kynsey Terrace, Colombo 8, Sri Lanka
Printed by Unie Arts (Pvt) Ltd. No.48 B. Bloemendhal Road, Colombo 3.

July. - Sept. 1999 Vol. 3 No. 4
Quarterly Journal
Editor Regi Siriwardena
International Centrefor EthnicStudies, Colombo

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Nethra welcomes contributions from scholars and writers. Since the journal's interests are omnivorous, there is no restriction on subjectmatter. Ideally, however, Nethra looks for material that is serious without being ponderous, readable and interesting without being Superficial, and comprehensible even to readers who are not specialists in the intellectual field in which the subject is situated.
In addition to papers and essays, we shall be glad to receive shorter critical comments and letters in response to any material that has already appeared in the journal.
Nethra also invites creative writing-poems or stories - from both Sri Lankan and foreign writers.
Editorial correspondence, including submissions to the journal, should be sent to:
The Editor,
Nēthrā International Centre for Ethnic Studies, 2, Kynsey Terrace,
Colombo 8,
Sri Lanka.
Notes on Contributors
Savitri Goonesekere is Vice-Chancellor of the University of Colombo; Paikiasothy Saravanamuttu is Director of the Centre for Policy Alternatives; Ruwanthie de Chickera is playwright, actress and university student; Lisa M. Kois is Human Rights Officer, Office of the High Commissioner for Human Rights; Jayadeva Uyangoda is a senior lecturer at the University of Colombo and editor of the journal Pravada, Pradeep Jeganathan is Assistant Professor of Anthropology at the University of Minnesota in Minneapolis; Ameena Hussein is a senior researcher at ICES and short story writer;

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Malathi de Alwis is a senior researcher at ICES; Radhika Coomaraswamy is Director of ICES; Neluka Silva is a senior lecturer at the University of Colombo; Cecilia Thompson is Secretary, Working Group on Minorities of the United Nations; Surya Wickramasinghe is Secretary, Civil Rights Movement of Sri Lanka.

Contents
Editorial
Three Funeral Tributes
Savitri Goonesekere Paikiasothy Saravanamuttu Ruwanthie de Chickera
The End of Innocence
Lisa M. Kois
A Citizen of the World
Jayadeva Uyangoda
Development and the Protection of Human Rights
Neelan Tiruchelvam
Neelan Tiruchelvam: A Tamil who Dissented
Pradeep Jeganathan
The 29th.July 1999
Ameena Hussein
For Neelan
Malathi de Alwis
July '83 and Collective Violence in Sri Lanka
Neelan Tiruchelvam
"I Shall Not Like Upon His Like Again"
Rahika Coomaraswamy
11
11
13
15
18
22
27
40
43
44
45
50

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The Ethnic and Cultural Dimension of Human Rights Policy
Neelan Tiruchel vam
The Depth of His Humanity
Neluka Silva
Devotion to Human Rights
Surya Wickramasinghe
For the Minorities of the World
Cecilia Thompson
59
65
68
71

The Way He Chose
In Neelan Tiruchelvam's life there was a complete consonance between the man he was, the principles he espoused and the activities in which he engaged. His advocacy of pluralism and tolerance, his deep commitment to human rights, non-violence and peace, and his dedication to the goal of building a Sri Lanka where people of all communities could live together on a basis of equality, were for him not just abstract intellectual convictions. To those who worked with him and those who knew him well they seemed the natural extension of his temper of mind and personality and his relations with other people. He led the International Centre for Ethnic Studies in Colombo and the Law and Society Trust not by directorial fiat but by consultation, Suggestion and persuasion. Several people who have contributed to this memorial number, or have written or spoken about him elsewhere, have described his constant effort to enlist the personal interests and capacities of each person in these and other institutions, making allowance for individual idiosyncracies and facilitating the exercise of individual strengths. In that sense, the liberalism that was of all philosophies the one that was closest to him was part of his character, the substance of his flesh and blood.
Like some other people, I too have been at certain times impatient of what seemed his reluctance to take more aggressive, confrontational positions in pursuit of causes that were important to him. I have come to see, however, that such stances would have undermined the fundamental ground on which he stood and negated the essential approaches on which he relied. He had an abiding faith in the possibility of resolving differences by dialogue and negotiation, and in keeping, with that conviction, over the period of Sri Lanka's crises he established contact with and talked to an enormous number of people - some of them of very different political or ideological

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persuasions from his own. Underlying this tireless activity there was Neelan's deep-rooted optimism, the trust that the human Spirit could ultimately assert itself in spite of the dark times through which we were living. In one of the addresses included in this memorial number he said, "In the struggle for human Values, it is immoral to Submit to despair, to cynicism." That statement was at the heart of his political and moral commitment.
To some people Neelan's humanism must have seemed merely naive. A midst the outpourings of grief and the eXpressions of profound loss after his assassination, there were a few commentators in Sri Lanka who tried to suggest that the manner of Neelan's death was a proof of the futility of the courses he pursued. It is no accident that these comments came from Sources that are sceptical of, or even hostile to, any endeavours in the direction of working towards a peaceful resolution of the differences that have steeped Sri Lanka in bloodshed, who see no answer but continuing, relentless war. But if to these people Neelan was only a misguided, quixotic figure, his assassins and murderers didn't see him in that light. Even Neelan had, with his innate self-depreciation, thought that no Suicide bomber would be 'wasted', as he called it, on him. This suggests that even he didn't recognise that by his very existence and activity he constituted a powerful challenge to the fanaticism and authoritarianism that destroyed him.
If it had been possible for Neelan to view his own death and the responses and reactions it aroused, I don't think he would have been content with the expression of condemnation and moral outrage. With his intellectual and moral urge to understand the inner rationale of even the monstrous manifestations of irrationality, he would have wanted to comprehend the motivations of his assassin and those who planned and determined his death. And that is the effort we ourselves have to make, even while we mourn his death and grieve over the incalculable loss it represents to the people and institutions he worked with, to the Sri Lankan Tamil

The Way He Chose 9
community, to the whole of Sri Lankan society and the international community of those who struggle to uphold human and democratic rights. How was it possible that one human being could be so convinced that the death of another, whose life and work were precious to us, was so necessary that he could sacrifice his own to accomplish it? That is the enigma we must face - a problem before which a simple demonisation of the LTTE and terrorism is inadequate. You cannot fight effectively a force you don't comprehend, and Neelan's death confronts us in the starkest terms with the pathology of our Society which we have to recognise if we are to cure it.
After the assassination of an Irish politician - one very different in character from Neelan - W.B. Yeats wrote a poem which contains the lines:
A great man in his pride Confronting murderous men Casts derision upon Supersession of breath.
There was no pride or derision in Neelan's confrontation of the threat to his life, but there was a quiet, undramatising courage. He had lived with it, in fluctuating degrees of intensity, for a long time. There were some who felt, in the shadow of his death, that the waste of gifts and potentialities was so enormous that it would have been better if he had given first priority to his own security. Neelan never thought so. Ever Since Sri Lanka became involved in its paroxysms of violence, of one kind or another, there were many people, including political figures and intellectuals, who sought safety in going underground or in refuge abroad. That was their right, but Neelan was not one of them. He made visits abroad in pursuit of the causes he served, but Sri Lanka was always the base from which he worked, the home to which he returned. He wouldn't have wanted to exile himself, or to immure himself

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within the four walls of a safe haven, at the price of inactivity. However painful our sense of bereavement, we must recognise that that was the way he chose to live, and we must honour that choice, even though it turned out that it was also a way to die.
This memorial number contains three of the speeches made at Neelan Tiruchelvam's funeral, tributes by people who were associated with him in different ways (some reprinted from other sources and some specially written for this publication), and three hitherto un published writings by Neelan Tiruchelvam which represent some aspects of his concerns and his thinking.
Editor

Three Funeral Tributes
Professor Savitri Goonesekere
I first met Neelan and Sithie as fresh-faced, young and eager students in the Department of Law of the University of Peradeniya. My husband Raja and I forged with them from that time a friendship that has stretched over three decades. We as young teachers and they as young students experienced those Shangrila years of Sri Lankan campus life. We shared a common intellectual tradition, a world of scholarship, learning and friendship, and eventually became trusted and very dear colleagues and friends. So Neelan and Sithie passed with honours and accolades through the groves of academe and came into our homes and hearts. Over the years they shared our joys and successes. They were with us in times of sorrow and pain.
It is not easy for any of us gathered here today to confront the anguish of his loss. For Neelan meant so many different things to all of us. He was a cherished and adored husband and father, a kinsman, a friend, a valued colleague, a thinker, a reformist, a mediator, a legislator, statesman. To reflect on his life is to marvel at the manner in which he touched the lives of so many people, with his intellectual sensitivity and vibrance, his understanding and his profound sense of commitment and caring. The scholar and the intellectual of international repute radiated humility and cheerfulness at all times. These were among his most endearing traits which helped him to have time for others and bond to the many young people whom he encouraged and supported throughout his life. His devotion to his beloved Sithie, Niggy, and Mithi extended beyond them, and to all of us.

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Neelan's intellectual stature in the country, in the South Asian region and internationally is well documented and known. It would trivialise his life to mention the many honours and the recognition that he won over the short span of his professional and political career. I would rather like to pay tribute here to that other and very special and unique facet of his personality. Neelan was above all a brilliant and articulate thinker, a person to whom scholarship and learning was the very life he breathed. He was a person who, despite all the demands on his time, would read the large collection of books in his library, reflect on what he read and then emerge with a flow of creative ideas that it would be difficult for most of us to absorb and articulate. Sterile scholarship was not for Neelan. He represented that great intellectual tradition which recognises that thinking, that ideas, have no relevance and meaning unless they can contribute to the well-being of people. It is I think for this very reason that Neelan did not take the easy path and make an illustrious career for himself in a prestigious seat of learning or an international organisation in some other part of the world. He choose to live and work in Sri Lanka with Sithie and the boys, in the deep belief that he could make a contribution and impact on the world that he had known from childhood. And for that he paid a terrible price. It is almost impossible to believe that Neelan and Sithie with all the choices available to them decided to live in this country and work for the peace, the ethnic and religious harmony that they had seen shattered over and over again from the time of their own childhood and youth. Neelan was a Hindu Tamil by birth and tradition, and yet above all a symbol of that vision of ethnic and religious tolerance and peace that we so desperately need to realise in this country today.
I would like to pay my last tribute to this great and noble son of Lanka in my own language and tradition:

Three Funeral Tributes 13
පින්මද පුතුන් සියයක් ලදුවත් · නිසරු ගුණ නැණ බෙලෙන් යුතු පුතුමය ඉතා ගරු එක පුන් සඳෙන් දුරු වෙයි ලොව ඝන අඳුරු නෙක තරු රැසින් එලෙසට නොම වේය දුරු
"It is futile to have a hundred children lacking in goodness; The single child of goodness and wisdom is the one we IIìU1St tTCaSulfC. A hundred stars together cannot lighten the darkness. Yet a single full moon can spread light in a darkened world."
Neelan shone brightly and uniquely as a noble and great son of Sri Lanka, a statesman of peace, integrity and idealism in the midst of adversarial politics, a cherished family man, a friend and kinsman. Let everyone, including the international community, recognise in this ultimate act of violence the hypocrisy and evilness of destroying precious lives in the name of freedom. Let those who censored by death the voice of this gentle man of peace, and the extremists of all communities within our country and outside, understand that Neelan's voice, his vision, his life will inspire us to say no to the hypocrisy, the hatred and the violence. Sithie, Niggy and Mithi and all of us will not say goodbye to Neelan and everything he stood for. His life, his ideas, his vision of goodness, sanity and harmony will and must resonate today and into the next century and the millennium that he did not live to see.
Dr. Paikiasothy Saravanamuttu
I have been asked to say a few words about Neelan's
contribution to civil society in this country. This senseless bloodletting that stalks our country has taken away not only

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the most effective and eloquent embodiment of moderate Tamil opinion but a man whose vision was vast, his commitment deep to a just and gentle society in which the political culture and its institutions would secure the pluralism and the diversity of people. Neelan laboured in his inimitable fashion, prolific in ideas and energy, in the institutions he founded and nurtured, to ensure that this gentle and just society would become a reality in our country. He imbued every one with his enthusiasm, with his brilliance of mind in drawing together ideas from a vast range of experience to show what was possible in this country too to make it whole and kind and gentle
OCC IOC.
It is indeed especially tragic that at a time at which the devolution proposals are expected to be presented to Parliament, Neelan will not be there to define its vision and broader purpose, explain its design and detail and elaborate on necessary amendments with the quiet authority and intellectual brilliance which he alone commanded. There will be no greater tribute to Neelan than the acceptance and implementation of a constitutional settlement to the ethnic conflict founded on the principles of democratic governance. Neelan knew that this was not only desirable but absolutely necessary for a just and durable peace.
His loss to civil Society will be immense. Whether it was an issue of human rights, or law and Society, or ethnicity, Neelan's was the voice of reason, of moderation that yet would show what was possible, with courage, with imagination. The institutions he founded and nurtured, the people he inspired, the politics he civilised, are now faced with the profound challenge of his ghastly death. Neelan knew that the only necessity for the triumph of evil was for good men to do nothing. He didn't do nothing.
For those of us who believe that we belong to that community of the sensitive of which Neelan was so distinguished a member, let us realise, here and now, that there

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are that many many rhore miles to go before we can sleep. We say farewell to a very sincere and genuine, brilliant person, who dedicated his life to making this society whole and just and gentle, a true Renaissance man indeed.
Ms. Ruwanthie de Chickera
I would like to pay this tribute to Dr. Neelan Tiruchelvam on behalf of the three institutions that he headed down Kynsey Terrace - the International Centre for Ethnic Studies, Law & Society Trust and Tiruchelvam Associates.
There was a group of us at the funeral house last night, and We Started Sharing our Stories and memories of Dr.Tiruchel vam – or Doctor, as he was known to us, and everyone began his or her story with "do you remember when "... "what about that time"... and after each anecdote we were laughing louder and longer. I think, at this moment, it is important for those of us who knew Dr. to celebrate him, among many other things, as a man with a remarkable sense of humour and fun.
I remembered when I first started working at ICES, I was summoned by Dr. who told me that my first duty was to set up a publishing house. I thought this was rather ambitious and rash, to say the very least, but I was new, and was not in a position to burst out laughing at that point. So I started thinking about things that... well a person who has to set up a publishing house, but has no idea how to do it, would think about.
Mercifully my colleagues did not let me wallow in my panic for long. "Publishing house?" they laughed, "that's new." "I was told to build a satellite station." "Yes, we all went through that. It's his little joke."
I could fill a book with stories like this one, but let me tell you instead how Dr. Tiruchelvam inspired the lives of many

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many young people, now scattered all over the world. Let me tell you about the energy and enthusiasm he generated amongst us every day with his strange and wonderful ideas; let me tell you how he heaped great responsibilities on us, and pushed us far beyond our self-imposed limitations. How he made us think critically and get involved in current issues. Let me tell you how he, together with Sithie and Radhika, created a unique environment of trust, friendship and openness that converted an office into a second home, and a group of colleagues into a large family.
Kynsey Terrace is an amazing dynamic. People are drawn there, from all over the world, they give something to it, and receive much more; and they return to their little corners of the globe, but the ties are always only stretched, never severed. Just hours after this tragedy occurred, the phone at the Tiruchelvam residence started ringing and it did not stop for a long long time. The calls were coming in from everywhere, students, young people who worked with Dr. Tiruchelvam. The house was full of young people who had come into contact with him.
Everyone here will remember Dr. Tiruchel vam for something different. To some of us he will be just a name and picture in the papers, to others a brilliant scholar, an honourable Statesman, a peace worker, a friend, a father, a husband.
I think that we at Kynsey Terrace will remember Dr. among other things for his constant smile - it was almost as if he was hiding a little secret all the time; we will remember him for the difficult questions he asked and made us ask; for his belief in us and our potential; we will remember, how at stiff conferences he would sheepishly eat a piece of cake (which was not good for him) and grin Smugly at us, because he knew we could not stop him; we will remember him for his love of books, his ability to make the highly impossible just slightly stressful, for his gentleness, his humanness; we will remember him for his unfaltering faith in the essential goodness
of people.

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I never did get to ask Dr if he was really serious about that publishing house. He probably was. This was the stuff he was made of, and if there is one thing we learnt from Dr. Tiruchelvam, it was that often the only obstacles between a really big dream and reality are our own willingness and ability to believe in it.
Yes, of course, we will miss him, in a very very real hard way. He helped us grow. He left us too soon, but we know that his departure will just make us grow that much faster.
Finally a word to Aunty Sithie and Niggy and Mithy: thank you for sharing him with us.

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The End of Innocence
Lisa M. Kois
It is the end of innocence for those of us who had been lucky enough to remain innocent thus far. Innocent amongst the violence and the pain and the shattered world around us. I count myself amongst those masses. Though I have only just now come to understand that I did fit there, as I shed my arrogance of understanding - understanding that had come, I thought, from refusing to shy away. I count myself amongst those who saw and felt and cried and decried the violence. And yet, I remained innocent. I, whose midnight light burned brightly overhead, night after anxious night, to bleach the bloodred of the Central Camp wall. I had seen. I had watched her body being pulled from the lagoon. I had woken, terrorized by shooting in the night. And yet, I remained innocent. I, who had hidden her once lively body from the man who threw her to her death. I had felt the physical weight of his hand on my head, not just once. I had listened to the stories. I had heard the cries in the night. I had been there on that afternoon playground when the child started shooting. I had seen more than I had wanted, more than I ever intended. And yet, I remained innocent.
Until one sky-blue Thursday morning, seemingly like any other, but unlike any other before or after. I, on the other side of the world, oblivious to the shattering of the morning routine and the shattering of a life - not just a life, but so many lives, mine included.
A gift of twelve hours, I was given. In those twelve hours, Neelan lived. It seems fitting to think that my ignorance allowed me to teach the human rights training course for which I had gone to Minneapolis. Neelan would have been pleased. He would not have wanted to stand in the way of the

The End of Innocence 19
discussions and debates undertaken that day by the eager young lawyers and students from India, Kenya and Kosovo. So I was oblivious and Neelan was alive. This, I know, is the moral of the story - a lesson I am struggling to learn - that the body is not the point; that it is neither the essence nor the meaning; that life extends beyond the fragile confines of the physical being.
I am not convinced.
Words fail me. They are insufficient... inadequate. Actually, more like utterly useless. They are overused. Spent. Void of meaning as they are repeated ad naus eam. Nonetheless, I will spend a few more, as I try to articulate the way in which my world - as well as the worlds of an incalculable number of others - has been so violently shaken to its bitter core, leaving me curled up and quaking like a small, newly orphaned child.
How is it that one man's gentle touch can extend so wide and so deep?
As one friend pointed out - "there is a war going on ... hundreds are dying every week - with no state funerals and without Clinton's condolences - no les ser lives, no less aggrie ved relatives - no less disrupted professional structures...." He could have slapped me with the full force of his hand; it would have been less painful. But it forced me to think. And it compelled me to articulate the following response.
Are we wrong to say that there are indeed greater lives? Are we wrong to say that Neelan Tiruchelvam's was one such life?
No, we are not. I would say that we are, in fact, morally and ethically obligated to do so, particularly in the face of the assaults, diatribes, slandering and character assassinations that have been so venomously propagated through the media. The LTTE will not rest with the destruction of Neelan's body. They, and their apologists, must prolong the assassination, seeking to eliminate that which ultimately cannot be touched: that which cannot be taken from us. That of Neelan which lives.

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Life - any life - is a gift. It is a gift of the rarest and most precious order. It is the sand in which you build your castles. The canvas upon which you create your masterpiece. The raw and ripe soil which gives blossom to your fields of wild flowers.
"We cannot glorify death, whether in the battlefield or otherwise. We, on the other hand, must celebrate life and are fiercely committed to protecting and securing the sanctity of life, which is the most fundamental value without which all other rights and freedoms become meaningless." It is the rare man who not only recognizes this, but also lives and dies this.
It is the rare man who willingly and knowingly, albeit quietly, chooses to put himself in a position that threatens that which he holds most precious - life. Who willingly and knowingly, but just as quietly, chooses to live day and night with a price on his head because he chooses to believe in his fellow human beings. Who travels his own path of quiet and unrelenting conviction and condemnation. Who is willing to be personally ostracized, slandered and vilified by members of his so-called community in the pursuit of life, dignity and peace for that community, as well as all communities. But who is unwilling to let those he loves and respects be attacked or vilified just half as much. Who chooses to be an active and vital member of the community and to celebrate the richness of history and culture of that community (as well as all communities) when others within that community seem singlemindedly bent on perverting and destroying that history and culture. Who hopes, in the face of cynicism and despair that surrounds him. Who charges the windmill yet again, because to remain silent would be to die. Who dreams the impossible, smiles at our skepticism and then sits quietly beaming in the
Neelan Tiruchelvam, 15 June 1999, during a debate on the emergency regulations.

The End of Innocence 2l
back row as the dreams materialize before our doubting eyes. Who cherishes the value of protest, dissent and informed debate. Who gives credit when it is due, and even when it is not. Who chooses not only to believe in, but also to work unceasingly for, that lofty and elusive ideal - peace. Who lives that ideal in the most mundane interactions of the dayto-day. And in so doing, who will step forward to protect the life and physical integrity of a known enemy bent on destroying his dreams. It is a rare man who, in the midst of it all, finds time and energy to nurture the young and naive, to encourage their curious questioning, validate their indignation, fuel their activism, sign their petitions, seek their opinions, and make them believe that anything and everything is within the realm of their possibilities. It is a rare man, indeed, who lives and breathes his values and beliefs truly and purely. In such acts, great men and great women are born.
"Because such men are, this world is."
2 Illum Peruvaluti, “The World Lives Because.”

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A Citizen of the World
Jayadeva Uyangoda
Dr. Neelan Tiurchelvam, a politician with formidable intellectual power and personal charm, was assassinated on July 29 at a relatively young age of 55. It is a cruel irony in Sri Lanka that many politicians, particularly Sinhalese and Tamil, live with an acute awareness of the fact that they are less likely to die a natural death. Dr. Tiruchelvam was not unaware of the threat to his life; but he did not expect a suicide bomber to be "wasted" on him. On that count, this consummate politician and political strategist proved himself wrong.
The culpability of the Liberation Tigers of Tamil Eelam (LTTE) in this brutal act of political violence is not in doubt. It is a sad stroke of fate that the life of this noble man of nonViolence and peace was Snatched away in the most gruesome manner. Neelan may have felt the pain of his death, perhaps, for a flash of a second. But Sri Lanka is certain to suffer, for years to come, the severe pain of his departure from the political and intellectual world. Neelan was the most active person in Sri Lanka in a range of spheres - constitutional and legal reform, peace, conflict resolution, and democratic institution-building, civil society and legal and social science scholarship. He was the main political link between Sri Lanka's Sinhala, Tamil and Muslim communities, the bond that held together Sri Lanka's human rights community and a key link between Sri Lanka and the international community. He was also the only parliamentarian who could initiate an all-party dialogue for a political consensus to settle the ethnic conflict. In that sense, he had more than the necessary minimum credentials to be on the LTTE hit-list.

A Citizen of the World 23
This week in which Neelan was assassinated also marked the 16th anniversary of Sri Lanka's "Black July". The anti Tamil riots of 1983, which began on July 23 of that year, peaked on July 29. Those who made and executed the decision to kill Neelan on July 29, 1999 may or may not have been aware of this coincidence. Nevertheless, if provides some answer as to why Neelan was assassinated on that particular day.
There is another development that completes the political context against which this killing occurred. Speculation was rife in Colombo that the Chandrika Kumaratunga administration was planning to place before Parliament its draft constitutional proposals in mid-August. The devolution proposals, which form part of the draft constitution, address the core political issues of the ethnic conflict within a semi-federalist framework. By presenting them in Parliament, the Kumaratunga administration was obviously seeking to gain a new political momentum over two of its rivals - the United National Party (UNP) in Parliament and the LTTE in the battlefield. It is no secret that Dr. Tiruchel vam has been the most active Tamil politician involved in the framing of the draft constitution, specifically, its devolution proposals. He was also perceived as the key political actor who could effectively mediate a consensus for a negotiated settlement to the ethnic conflict. And indeed, this quiet man had transcended narrow ethnonationalist politics to such an extent that he, and he alone, symbolised in his person the possibility, however distant it may have been, for a national consensus on conflict resolution and peace.
Therein, indeed, lies the uniqueness of Neelan the politician. Therein lies the real meaning of that cliché when applied to someone after death: "He is irreplaceable." It is difficult to fill the void created by the assassination of Neelan Tiruchelvam, not merely because of his formidable intellect, his capacity to strategise political manoeuvres, or his powerful inspiration to colleagues and friends. Neelan is irreplaceable

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because, to any knowledge, he is the only contemporary Sri Lankan Tamil politician who had the capacity and commitment to re-conceptualise Tamil politics in democratic emancipatory terms within the framework of a pluralist Sri Lanka. Perhaps, most of Neelan's friends were unaware of this. But his enemies knew it. While his enemies in extreme Sinhala nationalism pilloried him in the press, his enemies in extreme Tamil nationalism cut his life short.
Neelan's intellectual and political life was intertwined with the path of post-colonial Sinhala and Tamil nationalisms in Sri Lanka. Although Neelan was six years older than me, we belonged to the same generation of Sri Lankans whose biographies were shaped by the idiosyncrasies of Sri Lanka's post-colonial State. I come from a rural Sinhalese-Buddhist family of the socially marginalised, and Neelan belonged to an urbane family of Colombo's elite - the contradictions of which are so vividly captured in Shyam Selvadurai's recent novel Cinnamon Gardens. But, our biographies intersected at the site of Sri Lanka's post-colonial nation-state. I was a beneficiary of the Sri Lankan state's social welfarism and a victim of its blindness to aspirations for political emancipation among social margins. Neelan was a beneficiary of the Sri Lankan State's liberalism and a victim of its blindness to emancipatory desires among ethnic minorities. When we met as intellectual colleagues in the late eighties, we had a lot of notes to compare. I had grown up -- away from the politics of radical agrarian authoritarianism and he had transcended the politics of ethno-nationalist exclusivism. We were searching for an intellectual framework within which equality, social justice and ethnic as well as social pluralism could be inscribed as emancipatory impulses in a democratising project. Neelan was the first Tamil politician I met who had developed a conceptual apparatus to critique not only Sinhala nationalism for its majoritarian hegemonism but also Tamil nationalism for the limits of its emancipatory politics. He believed that the

A Citizen of the World 25
discourse of ethnic victimology, so central to all streams of Tamil nationalism, could not offer an emancipatory future for Sri Lanka's Tamil community. Tamil nationalism, as he thought, had to be re-inscribed through a new framework of ethnic inclusivi sm and pluralism. He anticipated Sinhalese nationalism too to find this auto-critical politics of reflection. I am not sure whether Sinhalese and Tamil nationalisms are yet ready for such an excruciatingly painful exercise in critical self-reflection. In that I find some meaning in the rationally inexplicable killing of Neelan. i
It is in this context that one has to understand and assess his intellectual and political practice. He maintained a live dialogue with the democratic forces of all ethnic communities and the democratic community abroad, because he was not a nationalist in the sense of Tamil nationalism with which we are so familiar. He created and nurtured the International Centre for Ethnic Studies and the Law and Society Trust primarily to set in motion an intellectual dialogue so that the Sri Lankan intelligentsia, through research, reflection and debate, would re-define their political debate. He actively took part in the exercises of drafting constitutions and laws, because he believed that political structures and institutions were necessary to facilitate the social and political practices of democracy and pluralism, ensuring diversity as a fundamental reality in the modern nation-state. He wanted to make the state accountable to its own citizenry. That is why he devoted a considerable share of his intellectual energy and resources of his legal knowledge to create and strengthen institutions such as the Human Rights Task Force, the Human Rights Commission, the Office of the Ombudsman and the ()fficial Languages Commission. At the time of his death, he was actively involved in drafting legislation for equal opportunity and non-discrimination. All these efforts of Neelan reflect his intellectual realisation that nationalism, whether Sinhalese or Tamil, had only a dated and limited agenda. If I

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were to paraphrase Neelan's political thinking, he held the view, which I shared with him, that contemporary ethnonationalism, whether majoritarian or minoritarian, can only highlight the felt grievances of a community, it cannot provide political emancipation to the community it represents.
In life as in death, Neelan has been described as a "moderate Tamil politician". Knowing Neelan for a few years, I find this expression most insulting to the foremost democratic political thinker the Sri Lankan Tamil society has ever produced. In a way, it is a pity that he had neither the time nor leisure to Write a book on political and constitutional theory in the way Roberto Unger, his colleague at Harvard, did. But Neelan, the busy lawyer and active politician, knew his Roberto Unger, Benedict Anderson, John Rawls, Amartya Sen, Norberto Bobbio, Avishai Margalit and, to mention an old name, Hannah Arendt, well. He also knew his Marx and Foucault. That is precisely why he was not a nationalist, but a citizen of the World. And Sri Lanka's extreme nationalism, whether Sinhalese or Tamil, can hardly tolerate a citizen of the World. In Neelan's tragic death, I find the mirror image of my intellectual friends and myself.

Development and the Protection of Human Rights
Neelan Tiruchelvam (Presentation at the Council of Europe in 1993)
Within the past few years, the world has witnessed momentous changes. Perhaps there is no comparable period during which the course of human destiny has been so dramatically changed. During these years, we witnessed the liberal democratic transitions in Eastern Europe and the collapse and subsequent disintegration of the Soviet Union into sovereign, equal and independent republics, somewhat loosely linked together as the Commonwealth of Independent States. These changes had important consequences for the developing world, for with the collapse of an ideology there was similar loss of certainty with regard to the efficacy of an alternative development vision.
This paper will seek to examine the interrelationship between three of the dominant ideas of this decade: development, democracy and human rights. We will more concretely address the following themes in relation to the place of development in the protection of human rights.
(a) use of development assistance and economic relations
between States to promote human rights;
(b) the role of international financial institutions and development agencies, the models of economic development advocated by these institutions and agencies and their impact on human rights;
(c) the role of civil society and the discourse on development
and human rights.

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These issues would be explored against the backdrop of the ideological and policy changes within South Asia.
The South Asian region is one characterised by extraordinary geographical, political and socio-economic diversity. Part of the region consists of an archipelago comprising sparsely populated coral islands, the Maldives, with a one-party republican form of government; and two landlocked semi-feudal states, Bhutan and Nepal. Bhutan remains a monarchy, while Nepal underwent recently a dramatic political transition to establish a multi-party state headed by a constitutional monarch. In another part of the region are Pakistan and Bangladesh which grew out of a bloody partition, followed by a civil war. In both these countries authoritarian military regimes have been replaced by democratically constituted governments. At the center of the region is India, a federal polity with a long tradition of representative institutions grounded on a strong industrial and technological base. Lastly, there is Sri Lanka, an island republic besieged by an insurgency, escalating violence and the militarizaiton of civil society. •
The problems of maintaining political stability and institution building are further compounded by massive economic and demographic pressures. The region accounts for a mere 2 per cent of the global income but needs to support 22% of the global population. Almost half the population of the region is believed to live below the poverty line, without basic needs. Further, the region has a population increase of 25 million per year, which is five times the population increase of OECD countries. Despite this diversity and complexity, it remains a region which has the largest population committed to periodic elections, representative institutions, fundamental rights and democratic freedoms. It is, therefore, a region of considerable importance in terms of constitutional experimentation, institutional re-appraisal and renewal. Issues

Development and the Protection of Human Rights 29
of constituionalism, human rights and democracy are at the center of the political and intellectual agenda. M
Nepal has recently enacted a new constitution based on popular sovereignty, a multi-party state, and enforceable fundamental rights. Bangladesh was engaged in a debate on the form of government - parliamentary or presidential - which they have now resolved in favour of the former. In India the secular foundations of the state and the federal character of the polity have been challenged by revivalist and secessionist movements. Pakistan is also struggling to reconcile the contradictions of a constitutional framework which sought to graft a Westminster-style government on to a highly centralized presidential system, while Sri Lanka is seeking to reconstruct its Bill of Rights in response to complaints of gross and persistent abuse of the human rights of minorities and political dissidents.
I
Paul Sieghart, the renowned human rights scholar and activist, has stated that one of the most cynical propositions in politics is that "you cannot make omelettes without breaking eggs". In the field of economic development, it has meant that you cannot create the benefits of growth without violating at least temporarily the human rights of a substantial number of citizens. This thesis has led to many in South-East Asia arguing that human rights and democracy must be subordinated to the imperatives of development. The newly industrialised countries - which are sometimes described as the four dragons - are cited as inspiring examples of this proposition. But of these countries, two, Singapore and Hong Kong, are small city-states, and it would be difficult to draw broad generalisations from their very particular experiences. This model became further discredited with the collapse of the Marcos regime, and of the

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military governments in Bangladesh and Pakistan, as it became clear that the proposition was often no more than a justification for authoritarianism and for the naked abuse of political power. It was one of the singular achievements of this development decade that it is now widely advocated that upholding human rights is integral to development. This means that respect for individual human rights promotes and does not hinder economic development. This view of the interdependence of human rights and development is embodied in the U.N.Declaration on the Right to Development which was adopted by the General Assembly on 4th December 1986. The core conceptions which inform this declaration include 1) recognition that the human person is the central subject of development and should be the active participant and beneficiary of the right to development, 2) acknowledgement that all human rights (civil, political as well as economic, Social and cultural rights) are indivisible and interdependent and call for equal attention, and 3) the realization that the failure to observe civil and political rights as well as economic, social and cultural rights constitutes obstacles to development.
One of the more important innovations of the UN Declaration is the provision mandating states to remove 'obstacles' to development arising from the failure to respect rights and freedoms. This means that the state itself will need to (a) observe and respect the rights and freedoms as embodied in the international human rights covenants and related instruments, and (b) address the need to reform state structures, institutions and policies which are an obstacle to the realisation of these rights. Upendra Baxi has pointed out that obstacles to development can also arise from civil Society. The humanity of tribal groups, minorities and disadvantaged social groups is often violated by institutions and practices which operate in civil society. The violators of rights in these cases are not merely the agents of state power but the holders of social status and of economic power. Baxi adds, "The idea

Development and the Protection of Human Rights 31
of obstacles to rights, and the summons for their removal, is fascinating in compelling our attention to the hydra-headed monster of human rights violators who reside not just in states but in human collectivities inscribed in the very order that constitutes society."
There are however disturbing trends in the opposing direction which again seem to question the indivisibility of human rights and development. The Sixth SAARC Summit, held on the 21st of December 1991, argued that human rights issues should not be viewed in narrow and exclusive political terms. The Declaration further sought to draw a dichotomy between "human rights' and 'development', and added that realisation and enjoyment of human rights of all persons is through "the pursuit of development for all citizens in conditions of stability". Human rights groups view this as a very defensive statement, which seems to imply that 'development' needs to precede the full realisation of human rights.
III
In exploring this relationship between development and human rights, it has been increasingly argued that the developmental models that are being adopted, particularly in South Asia, are incompatible with the realisation of human rights and of social justice. These models are being vigorously advocated by multilateral financial institutions like the World Bank and the International Monetary Fund and by several members of the donor community. They involve the adoption of policies which are intended to favour private sector development and the commercialisation and/or privatisation of state enterprises. An economic model with its primary emphasis on the market involves legislative and other policy measures directed towards dismantling the state controls, the liberalisation of foreign exchange, the promotion of foreign investment and capital

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market development. Critics of this developmental model point out that these policies are likely to increase inequality and regional disparity. They have further resulted in the reduction of social welfare measures intended to benefit the urban and the rural poor and have contributed to dislocation and insecurity within the workforce. In an attempt to contain wage demands in industrial estates and free trade zones, trade union rights are restricted and unionization is often discouraged. It is further argued that the advocacy of this economic model results in the centralisation of decision making and an increase in the authoritarian character of the state. It further results in the progressive exclusion of non-governmental organisations and people's movements from critical decision-making on investment projects and large scale agro-industrial or dam projects which could have an impact on the rights of minorities and of indigenous people. The traditional coalition of social forces consisting of trade unions, peasant organisaions and de velopmental groups are les s capable of resisting developmental projects which have an adverse environmental or human rights impact because of their inability to consistently articulate an alternative de velopmental vision. The se developments therefore are viewed with great alarm as having an impact not merely on the social and economic rights of disadvantaged groups but also in compromising the right to associate and the right to participate effectively in political and economic decision making.
Central to any process of development is the elimination of poverty. Poverty is associated with widespread denial of human rights as the poor are powerless and are unable to organise and defend themselves. Human rights groups therefore remain convinced that the developmental models that many South Asian countries consider inevitable, involving structural adjustment policies, would result in the further impoverishment and marginalisation of the poor and of disadvantaged groups,

Development and the Protection of Human Rightse 33
V
A question which has become central to the relationship between human rights and development is the issue of political conditionalities. This means that the continuance of developmental assistance would be dependent on the observance of political conditions such as 'good governance' and the observance of civil and political rights.
The European Council in its Development Council Resolution on Human Rights, Democracy and Development of 28th November 1991 has emphasised that respect for human rights, the rule of law and the existence of political institutions which are effective, accountable and enjoy democratic legitimacy are the basis for equitable development. In this regard, it reaffirmed that safeguarding human rights is an essential part of the relations between the community, its member states and other countries. The resolution further pointed out that in the event of grave and persistent human rights violation or the serious interruption of democratic processes, community and member states will consider appropriate responses. Such responses will include confidential or public 'demarches', as well as changes in the content or channels of cooperation or, when necessary, the suspension of cooperation. In addition to human rights, the Council resolution attaches importance to the issues of good governance. This has been defined to include democratic decision-making, adequate government transparency and financial accountability, respect for the rule of law and the freedom of the press and of expression. The Commission resolution also attached importance to the question of military spending, and emphasised that excessive military expenditure not only results in the diversion of funds from developmental purposes, but is often used for the purposes of internal repression and denial of human rights. In Canada the House

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of Commons Standing Committee on External Affairs and International Trade recommended in May 1987 that progress on human rights should be a central element of developmental assistance. It however recommended that where gross human rights violations prompt interruption of government-togovernment assistance, alternative ways should be sought to channel such assistance to civil society. It further argued that emergency humanitarian assistance should never be denied.
Developing countries, by and large, have resisted the link between human rights and aid on the ground that such conditions infringe their national sovereignty. They see these intercessions in political terms as efforts to appropriate human rights as an instrument in the political and ideological hegemony of the North over the South. They see attitudes of moral condescension and cultural superiority implicit in many of the pronouncements on the human rights situations in the countries of the South. Human rights groups, on the other hand, have welcomed such initiatives as they believe that they are likely to result in improved compliance with international human rights standards. They also argue that there are no issues of national sovereignty which should serve as a barrier to international concern on human rights and humanitarian issues. They further argue that developing countries, by becoming a signatory to international human rights instruments, voluntarily accept international scrutiny of their domestic human rights records.
Bertram Ramcharan argued in 1990 that sovereignty is abused when it seeks to shield gross violation of human rights or grievous human suffering. Sri Lanka's Civil Rights Movement issued a statement in 1991 that "it is accepted law today that the doctrine of sovereignty of states no longer holds good so far as the state treats the fundamental rights of its subjects. The concept of national sovereignty has in this respect given way to the concept of international responsibility".

Development and the Protection of Human Rights 35
But this question of the link between human rights and development threatens to further polarise the international community along North-South lines.
In East Timor in November 91, Indonesian soldiers fired at a funeral procession, killing and injuring dozens of civilians. The Dutch government had suspended developmental assistance to Indonesia. In response to international protest against the incident, Indonesia appointed an inquiry tribunal. In consequence of the report, the Government expressed regret and suspended two senior military officials who were in charge of the soldiers. Many observers mistakenly interpreted the Indonesian response as an acknowledgement of the legitimacy of international human rights concerns. However, within a few weeks the Indonesian Government terminated its aid relationship with the Netherlands which had been one of the more severe critics of the East Timor incident. There was similar retaliatory action by Kenya when it severed diplomatic relations with Norway in response to Norwegian criticism of Kenya's treatment of political dissidents. China and India have opposed any attempt to link human rights to aid, trade or multilateral assistance.
If the donor community is to be effective in maintaining this policy, there is a need for both credibility and consistency. Credibility is related to the ability of the "North' to ensure that within its national borders groups such as refugees, migrant workers and its own under-class are not subject to discriminatory and arbitrary treatment. There can be no such credibility if there is conspicuous disparity between domestic practices and international policies on human rights questions. The issue of consistency arises when there is selectivity with regard to the countries which are subject to punitive measures. Is the decision to suspend or terminate developmental assistance based solely on human rights considerations, or is it more probable that factors such as geo-political importance, the economic model pursued by the recipient country and the domestic politics of the donor country are likely to influence such decisions?

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V
The whole question of political conditionalities has also resulted in criticism that developed countries are seeking to impose western values and institutions on non-western societies under the guise of promoting good governance and human rights. The result is that the universal character of human rights is now being challenged by many nations in the South. Aung San Suu Kyi recently argued that it is a puzzlement to the Burmese why concepts which recognise the "inherent dignity, equal and inalienable rights of human beings, and which accept that all men are endowed with reason and conscience, and which recommend the universal spirit of brotherhood can be inimical to indigenous values... It is also difficult for them to understand how any of the rights contained in the 30 articles of the Universal Declaration of Human Rights can be seen as anything but wholesome and good. If ideas and beliefs are to be denied validity outside the geographical and cultural bounds of their origins, Buddhism would be confined to North India, Christianity to a narrow tract in the Middle East and Islam to Arabia". While cultural relativism cannot serve as a basis for diluting or derogating from universal human rights standards and obligations, we also need to recognise that the discourse on human rights takes place in an esoteric language and idiom, which is unintelligible to vast sections of the polity. A conspicuous failure of the human rights movement has been its inability to expand the base of support for secular, democratic and pluralistic values. The social imagination of an entire generation is being captured by the ideologies of ethno-populism, of exclusion, and of intolerance.
Therefore the discourse on human rights and development needs to be enriched by explicit reference to the religious and cultural traditions of South Asia. The rhetoric on basic rights and freedoms is based on statist and individualistic

Development and the Protection of Human Rights 37
conceptions. The base of support for fundamental rights can be expanded if it is linked to belief systems which have given content and meaning to the social and religious experiences of the people within South Asia. These indigenous, cultural and religious traditions emphasise communitarian conceptions of justice and conciliatory and consensual approaches to the resolution of conflict.
Obligations of reciprocity within a family facilitate attitudes and values supportive of the rights of the child and the needs of the elderly. Such an approach leads to more effective protection of social rights than what could be available in a legal culture which views these issues exclusively in terms of an individual's claim against the state.
There are other ideas such as 'dharma' which are central to the Hindu-Buddhist theory of justice and define the moral limits which rulers may not transgress if they are to command the allegiance of their subjects. Very little effort has been made to imaginatively build on such concepts and to articulate principles of governance and democratic accountability which draw on the language and idioms which form part of the HinduBuddhist tradition. Similar attempts need to be made to draw the linkages between constitutional values and the rhetoric of rights, on the one hand, and the concepts, ideas and institutions which are central to the belief systems and the world view of Islam, on the other.
This point is perhaps illustrated by the recent intercession of the Thai monarch in the constitutional confrontation between pro-democracy forces and the military. It is significant that most comparative constitutional lawyers have commented on the transient and evanescent nature of Thai constitutions. Between June 27, 1932 and January 29, 1959, Thailand had as many as seven constitutions, of which two were described as provisional (1932, 1947), and one as interim (1950). One scholar described this process as the practice of factional

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constitutionalism, which is the "process of drafting a new constitution to match and protect each major shift in factional dominance". But the more perceptive observation is that Thailand had 'two constitutions, the written constitution, which is ephemeral, and the more enduring substantial structure of law and custom which have remained as the foundation upon which government rests". Tambiah points to the Theravada doctrine of Kingship (the king as Bodhisatva - the cosmic liberator - and as Chakravarti - the terrestrial emperor) as being resilient throughout Thai history, and legitimating changing forms of state power.
Tambiah refers to a remarkable myth which leads to the assimilation of Manu's Dharmasatra and indigenous customs in the Theravada Buddhist countries of Burma and Thailand. This process of reincorporation required the creation of a new Manu to legitimise his code. The myth described him as a cowherd who, because of his flair for adjudicating disputes, was made the King's minister, while he was a child. Dissatisfied with one of the decisions involving the ownership of cucumber, he decided to retreat, practise meditation and to endure severe austerities. Eventually, he ascended to heaven, where he found the "dhammathat laws engraved on the boundary wall of the solar system". He brought these laws back to the King, who is reconstructed as the embryo Buddha and an embodiment of justice. In the Thai tradition of kingship, this leads directly to the amalgamation of rajastham (the individual acts and applications of law by the king) with dhammas tham (absolute moral law).
In the past few years in South Asia we have witnessed momentous changes which have been beyond our most optimistic expectations. These were moments of triumph in the struggle for democracy and human rights. These moments have given rise to intense faith and optimism in the normative power of constitutions to create multiparty systems, establish competitive electoral processes, cataly se civil society

Development and the Protection of Human Rights 39
institutions, and guarantee justiciable human rights. On the ther hand we also had our moments of tragedy, of anguish nd of despair. One such tragedy relates to recent incidents in Ayodhya, and the consequent violence, bigotry and intolerance which have beleaguered the sub-continent. Neither e discourse on human rights nor that on development has been adequately responsive to the forces of ethnicity and of nationalism which place in jeopardy the integrity of the nation state and the foundations of a secular-democratic polity. Such {|''[[ဲ့ဖူ{ leads to disillusionment and to cynicism towards he appalling disparity between constitutional ideals and the reality of gross and persistent violations of human rights.
In the struggle for human values, it is immoral to submit to despair, to cynicism. It was Aung San Suu Kyi who reminded us that in the struggle for development and human rights it should be our common endeavour to prove that the 'spirit of man can transcend the flaws of human nature'.

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Neelan Tiruchelvam: A Tamil Who Dissented
Pradeep Jeganathan
I never agreed with Neelan Tiruchelvam all that very much. When I first met him in Cambridge, Massachusetts, he was visiting Harvard and I was an undergraduate at MIT. I, it was rumored in the circles my mother moved in, had fallen in among bad friends, and had turned terrorist.
I remember asking Neelan a question at his presentation that day, and being disappointed with the answer; we didn't agree really on what constituted political struggle. But I remember to this day the keen open face, and slightly turned head; I remember being heard. And later, and many times over and over again, I remember his arm over my shoulder, his head bent, earlistening, head nodding.
A few months later, I had taken a semester off from MIT and was working as an intern at the International Centre for Ethnic Studies in Colombo. I worked there, then, and for more than 10 years after, on and off, for long periods and short, as I grew in intellectual maturity, and found my scholarly voice. And in all those years, Neelan would be around, listening intently, blue shirt a little rumpled, legs moving restlessly, asking quietly, "What do you think, Pradeep?" He would arrive from somewhere, on his way somewhere else -- all distances of thousands of miles -- fresh as a cup of morning tea, with a book tucked under his arm for me to review, or an article relating to my work in his mind. Enabling was what he did best.
If I dissented, from a position he took, a direction he wanted to pursue, a project he wanted to start - and I would dissent with the passion of youth, often scornfully, or even angrily - Neelan would listen and he would hear me. And from

Neelan Tiruchelvam: A Tamil Who Dissented 41
that day in Cambridge, through many years in Colombo, until our last dinner together in the Sengor Airport in Dakar, Senegal, Neelan simply enabled the consolidation of my position, whatever it was.
For Neelan Tiruchelvam dissent and toleration, intellectual as well as political, were treasured practices. Not only were these practices crucial parts of his own self, but they were, more importantly, institutionalized in a myriad ways by him. Whether in the area of the vexed constitution of our republic, in the brutal arena of Tamil nationalist politics, or for me, most importantly, in that Zone which might be called a postcolonial Sri Lankan intellectual tradition, Neelan made room, repeatedly, remarkably, and relentlessly to institutionalize broader and richer conversations. This was very important work, for our intellectual tradition has, it seems, been beleaguered for some time now. First, by the almost inevitable postcolonial tension between state-led socialism and capitalization, which led, of course, to hard times for some of our finest liberal intellectuals, both economically and politically, leading in turn to massive migrations to metropolitan centers; and then, in more recent years, the continuous, numbing, near-apocalyptic violence that we have faced has done little to catalyze our universities, our learned societies, and their organs of publication. Neelan stood together with a handful of others, who, while located outside those institutions, struggled with extraordinary tenacity to work with Sri Lankanist scholars, both in the island and abroad, to preserve, enrich and enlarge that tradition. He laboured hard at this massive task, well and productively. The fruit of his efforts is plain to the eye, and given this, Neelan Tiruchelvam earns the right to be called the greatest Sri Lankan liberal intellectual of his generation.
That is what he lived for; let us remember that he died in the face of fascism that kills those who dissent -- however mutely, however respectfully, howevergently. He died because dissent, of any kind, has become impossible for those who

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would count as Sri Lankan Tamils, because the very idea of dissent has become intolerable to the LTTE. This we should be ashamed of. As Sri Lankans and as Tamils we should be ashamed, that one of us, an extraordinary person, a man who created unparalleled and unprecedented intellectual spaces in Lanka, South Asia and the Third World, died with his body broken into pieces, died like a dog on the highway, because he did not abdicate his right to dissent.
Why, you may ask, should I be ashamed? What have I done, but live a peaceful life? And I say you should be ashamed if you have never opposed the silencing of dissent, if you are a Sri Lankan Tamil who has never opposed the silencing of dissent. If you have not, and will not, oppose the grinding, brutal, terrifying march of fascism.
I am not optimistic as I consider the long and difficult years that lie ahead. Many of us will die, many will suffer. And yet, of this I am certain: even if it were to take a thousand years for the fascist yoke to lift over the isle of Lanka, citizens of that promised land will remember Neelan Tiruchelvam's name the day freedom dawns.

The 29th July 1999
Ameena Hussein
I took a long time deciding what to wear. The cream skirt and cream sleeveless top or the blue Esprit skirt bought in Geneva and the lime green sleeveless T-shirt. I decided on the latter, just because Sam liked it, and just as I was leaving the house to go to work, remembered I had an appointment with the hairdressers that evening to put my hair up for my cousin's waleema. Back I trekked upstairs, all in a rush, shouted instructions to my mother, grumbled a bit to myself and changed my lime green T-shirt with some reluctance, shrugged on a cropped shirt with buttons down the front and rushed to my car. Took my usual route, down a smidgen of Flower Road, then turned left on Green Path, past the park, checked quickly for elephants, none today. Got onto Horton Place, did a smart turn down Wijerama Mawatha, a quick right turn on Barnes Place and shot down it to Kynsey Road. Left turn and then a patient inching down until Austin Place. Traffic block. But no problem, it promises to be a good morning. Music playing, fiddled with my hair, thought about my meetings in the morning. Suddenly. A boom! Bits of grey flung into the air. My windows didn't shatter. At first no-one was alarmed. Then Realization sank in. A bomb People getting out of their cars and running towards the noise. I didn't know what to do. Then realization sank in. While 'Collective Soul' played on my radio, I knew Neelan was dead.

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For Neelan
Malathi de Alwis
Some are made articulate by grief others struck dumb
As I struggle within my cage of silence that unravels infinitely in a Munchian screama I promise one thing to you who promised so much more
The ideas you engaged the intellectual spaces you enabled the reconciliation you envisioned with such courage and commitment will be pursued now with renewed passion and purpose
Your legacy will live on once even we are long gone from this scarred and embittered land

July '83 and Collective Violence in Sri Lanka
Neelan Tiruchelvam
16 years have lapsed since one of the cruellest weeks in the troubled history of modern Sri Lanka. Tamils of Sri Lanka have been exposed to collective violence in 1958, 1977, 1981 and 1983. There was however a qualitative difference in the intensity, brutality and organised nature of the violence of July '83. There is no other event which is so deeply etched in the collective memories of the victims and survivors. Neither time nor space has helped ease the pain, the trauma and the bitter memories.
It was estimated that about 2000-3000 defenceless people were brutally murdered, although official figures maintain that the death toll was about 400. Many were beaten or hacked to death, while several were torched to death. Thousands of homes and buildings were torched or destroyed. Within the city of Colombo almost a hundred thousand persons, more than half the city's Tamil population, were displaced from their homes; many never returned to their neighbourhoods or to their workplaces. Outside the country, it was estimated that there were about 175 thousand refugees and displaced persons. Hardly a family escaped the death of a relative, or the destruction of their houses or their livelihood and the dislocation of their families.
Many observers were disturbed by the organized and systematic nature of the violence. The rampaging mobs were fed with precise information on the location of Tamil houses and businesses. Their leaders were often armed with voters' lists and with detailed addresses of every Tamil-owned shop, house or factory. The business, entrepreneurial and

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professional classes were specially targeted, as part of the objective appeared to be to break the economic backbone of the Tamils. It was estimated that almost 100 industrial plants, including 20 garment factories, were severely damaged or destroyed. The cost of industrial reconstruction was estimated at Rs.2 billion rupees. This did not include the hundreds of shops and small trading establishments.
Equally disturbing was the element of state complicity in the violence. The state not only mishandled the funeral of 13 soldiers who had been ambushed by the LTTE on July 23rd, 1983, but also allowed the inflammatory news to be projected in banner headlines in the newspapers on the 24th. On the other hand, the retaliatory violence of the security forces in Tirunelveli and Kantharmadu, which resulted in an estimated 50 to 70 persons being killed, was suppressed from the media. Army personnel appeared to have encouraged arson and looting, and in some instances participated in the looting. Neither the army nor the police took any meaningful action to prevent the violence or to apprehend the culprits. No curfew was declared for almost two days. Neither the President nor any senior minister made a public appeal for calm and restraint. It was also widely believed that elements within the state or the ruling party had either orchestrated the violence or encouraged the bloodletting. No Commission of Inquiry was ever appointed to clear the state of these allegations or to investigate the causes of violence.
President Jayewardene said that the riots were not a product of urban mobs but a mass movement of the generality of the Sinhalese people. He spoke of the need to politically "appease" the natural desires and requests of the Sinhalese people. This conduct of President J. R. Jayewardene was in sharp contrast with his more conciliatory behaviour in the aftermath of the 1981 violence. He was quoted on September 11: "I regret that some members of my party have spoken in Parliament and outside words that encourage violence and

July '83 and Collective Violence in Sri Lanka 47
murders, rapes and arson that have been committed." The then President further stated in 1981 that he would resign as the head of his party if its members continued to encourage ethnic violence and racial bigotry.
Clearly the most disturbing episode took place on the 25th of July at Welikade prison, when 35 Tamil political detainees were battered and hacked to death with clubs, pipes and iron rods by fellow prisoners with the complicity of prison guards. Toe government conducted a perfunctory magisterial inquiry, but no attempt has yet been made to take legal action against those responsible. This incident was repeated again on Wednesday the 27th July, and it is shameful that the government failed to immediately pay compensation to the bereaved families, and pleaded immunity to the legal proceedings instituted by them. The legal action was subsequently settled in consequence of protracted negotiations.
Several scholars have written extensively on the causes and consequences of July 83, which the British anthropologist, Jonathan Spencer, has described in the dark night of the collective soul. How is it possible that an island society renowned for its scenic beauty and the warmth and hospitality of its inhabitants was capable of Such collective evil and inhumanity? Some have referred to the crisis of competing nationalisms of the Sinhalese and the Tamils as being a contributory factor. Both forms of nationalism were antagonistic and incompatible. The assertion of one was perceived to be a denial of the other. Others, have referred to the historical myths as embodied in the ancient chronicle that demonised the Tamils. Jonathan Spencer points out that in the popular imagination, the Tigers were believed to be superhumanly cruel and cunning and like demons ubiquitous", and that ordinary Tamil workmates and neighbours also became vested with these attributes. They remind us that, as Voltaire did, that "if you believe in absurdities you will commit atrocities'. Others have pointed to the propensity for violence

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in authoritarian political structures which enthrone the majoritarian principle and provide for the entrenchment of the unitary state. The Referendum in December 1982 which extended the life of Parliament further exacerbated the climate of political animosity and of intolerance.
July '83 also contributed towards convulsive changes in the politics of the Tamil community and their methods of Struggle. As the political leaders committed to constitutional means of agitation became marginalised, Tamil militancy assumed as scendancy. It was even asserted by some that violence of the victims was on a different moral plane from that of the oppressor. This was a dangerous doctrine, for the violence of the victim soon consumed the victim, and the victims also became possessed by the demons of racial bigotry and intolerance which had characterised the oppressor.
Although there has been some progress in addressing Some of the issues relating to language and Statelessness through remedial legislation, many practical problems remain. A Tamil-speaking person continues to experience many difficulties in communicating with the state in the official language of his choice despite his constitutional right being part of the statute book for more than two decades. The scheme of devolution envisaged by the provincial council system applies to all parts of the country except in the northeast region. The constitutional reform process intended to redress the imbalance in the relationship of power between the major ethnic communities is stalled in the legislative process in view of the lack of consensus. A cruel and debilitating war continues to bring death, destruction and displacement.
Mere structural changes will not by themselves bring about peace and reconciliation. In addition, plural society must be firmly grounded in the values of tolerance and accommodation. Contemporary political discourse is twisted and distorted by hate speech and ths stereotyping of ethnic

July '83 and Collective Violence in Sri Lanka 49
groups. Media have a special responsibility not to accord legitimacy to the forces of intolerance and ethnic hatred. The sanctity of life is the most fundamental of all human values. Both the educational system and the media should endeavour to uphold this value. The climate of impunity that has historically prevailed must be removed, and persons responsible for violence against defenceless civilians should be held accountable under the law. It is only through such efforts that there can be justice to the victims of this violence, and it is only through such efforts that we can ensure that events such as July 1983 do not again darken the pages of our history.

Page 27
"I Shall Not Look Upon His Like Again"
Hamlet Act 1 sc.2
Radhika Coomaraswamy
A few days before he died, Dr. Neelan Tiruchelvam gave a memorial lecture for one of Sri Lanka's leading lawyers. Before the doyens of the legal community, he spoke of the Tamil epic, the Shilappadikaram, and using its symbolism, analysed modern constitutional law, including the concepts of the unitary state, democracy and human rights. According to those present, this was Dr. Neelan Tiruchelvam at his best, weaving cultural symbols with the cold face of the law, giving it life and meaning. Many said that its was a Supreme moment of triumph, a brilliant presentation by one of South Asia's leading jurists. The speech also highlighted Dr. Tiruchelvam's twin interests and the motivating forces of his life - the law and the love of South Asian culture.
Dr. Tiruchelvam was the son of one of Sri Lanka's leading lawyers and Tamil politicians. From a young age he was trained in the law by his father. He excelled in law school and then went on to do his LLM and SJD at the Harvard Law School, where he was a Fulbright scholar. He formed a lifelong attachment to this institution and often went back to teach for a semester or two. The Boston Globe carried the grief-stricken statements of his colleagues at the Law School, including the Dean, upon hearing of his death. On September 17th, the Law School will have a special commemoration to celebrate the life and work of Dr. Neelan Tiruchelvam and they have invited close family members to be present.
This tribute by one of the world's leading law schools only highlights the fact that Dr. Tiruchelvam was first and foremost a scholar. His political activism was a result of deeply

"I Shall Not Look Upon His Like Again 51
held beliefs arising out of his scholarship and his love of ideas. He was a voracious reader. Despite his many commitments, he would find the time to read the many books in his comprehensive library. What was fascinating about Dr. Tiruchelvam's approach to the law was that from its very inception it was multi-disciplinary. His first thesis was a sociolegal study of Kandyan law, and throughout his career he read books on history, anthropology, sociology and political Science. He carried on a constant dialogue with the leading thinkers of South Asia from Ashis Nandy to Gananath Obeyesekere. He drew them around him, and their work and ideas infused the institutions of research that he set up in Sri Lanka.
Dr. Ti ruchel vam's primary area of interest was constitutional law. Though his concern for human rights animated most of his work, Dr. Tiruchelvam was interested in all aspects of constitutional law. His skills in this area were internationally recognised, and he was asked to help draft constitutions in Central Asia and Ethiopia. It was his belief that constitutions should be consensual, not instrumental, and that they should represent the moral firmament of the society. It is this attitude that motivated his involvement in Sri Lankan exercises in constitutional drafting from the 1970s. His ideas were not all accepted, but he tried his best to persuade government after government that they should strengthen the Fundamental Rights chapter of the Constitution and that a genuine scheme of devolution was the only way to meet the aspirations of the Tamil-speaking peoples of the North and the East. His idealistic belief that he could persuade Machiavellian governments to do the right thing was often criticised and ridiculed. Only those closest to him knew that such an attitude stemmed from his belief that moral persuasion and dialogue were the only way forward, not rancour, bitterness or armed conflict.
It is in the area of human rights that Dr Tiruchelvam made his greatest mark, and it is human rights activists all over the

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world who will miss his work the most. The research institutions he set up, the International Centre for Ethnic Studies and the Law and Society Trust, became important fora for human rights research and activism. Scholars and activists from all over the world, and especially South Asia, would gather at regular intervals at these institutions to dialogue and discuss strategies of action. The two institutions have produced a plethora of books, articles and manuals on every aspect of human rights. Their journals and newsletters carry the latest developments and analyses on human rights questions in Sri Lanka and the world. Dr. Tiruchelvam was deeply concerned about the human rights situation in his own country but he was also passionately interested in the fate of Aung San Suu Kyi, for whom he sponsored a resolution in the Sri Lankan Parliament; he was concerned among others about indigenous people, the Chakma minority in Bangladesh, military rule in Pakistan, women's rights in Afghanistan, etc... He fought all these causes and actively worked for human rights protection at the international level.
Dr. Tiruchelvam's commitment to human rights made him an integral part of international civil Society. The outpouring of grief in statement after statement from well known human rights groups and NGOs and the special commemoration meeting held in the premises of the United Nations, New York, are testaments to this fact. Their response to his death was captured at the Sub - Commission session of the Human Rights Commission when Mary Robinson, the United Nations High Commissioner for Human Rights, and the Chairman, Aisborne Eide, made special references to Dr. Neelan Tiruchelvam in their opening presentations. Dr. Tiruchelvam was also elected Chairman of the prestigious Minority Rights Group in London, and their commitment to his vision is so deep that they have opened a special website for his life and work. While academics continue to mourn him, it is human rights activists who have already made his name internationally known. He

TShallNotLookUpon HisLike Again 53
will be another martyr in their cause and another reason for their increased activism against all forms of barbarism and intolerance.
Dr. Tiruchelvam's interest in the law was not only limited to the Constitution. With his wife Sithie, he developed one of the foremost law firms in Sri Lanka, Tiruchelvam Associates. They are leading lawyers in the field of corporate and commercial law. Dr. Tiruchelvam's interest in this area was also from the perspective of the underdog. He was very interested in the law's regulation of the economy and in developing negotiating skills so that third world countries could deal with multinationals. When he was a director of research at the Marga Institute, he spent a great deal of time doing research into international contracts and the need for increasing the bargaining power of third world countries. He was inspired by the New International Economic Order and the need for a legal framework for poverty alleviation.
Dr. Tiruchelvam's other abiding interest and passion was South Asian culture. While the love of law came from his father, the love of South Asian culture was inherited from his mother Punidham Tiruchelvam, an extraordinary lady who was involved in Tamil cultural life and social service. Dr. Tiruchelvam's interest in cultural studies as a Whole made him focus on ethnicity as a phenomenon. He set up the International Centre for Ethnic Studies which has now gained a worldwide reputation. A large part of the Centre's programme was related to the political issues of power-sharing and ethnic equity. It engaged in projects that studied devolution, federalism, language policy, land settlement, employment equity etc. Publications emerged as he encouraged researchers to work hard.
His rapport with young people was extraordinary. He made each one feel special. He expected them to put in the twenty-four hour day that he put into his work. He inspired them with ideas, encouraged them to read books and, as

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Ruwanthie de Chickera said at his funeral, he taught them that the only difference between a dream and reality was the will power to make it happen. During the near twenty years of research life of the International Centre for Ethnic Studies and the Law and Society Trust, dozens of young people from Sri Lanka and all over the world have passed through these institutions. When the news of Dr. Tiruchelvams?s death hit the world press, the calls and e-mails came pouring in. Many wept uncontrollably for a man who had often given them their first research idea, who had encouraged their natural creativity and who was always willing to give them responsibility. His legacy is therefore worldwide, and the enormous international response is partly due to the activism of these young people. I am certain they will not allow Dr. Tiruchelvam’s name to be forgotten.
Many of the young people and interns who came to ICES were feminists drawn to the Centre because of its feminist research programme. Dr. Tiruchelvam encouraged their ideas, was particularly interested in feminist theory and its contribution to legal paradigms, and he closely followed their work. When he died, the news was contained on all the leading feminist e-mail networks with special tributes, a rare privilege for a man in a very woman's world. His last act at the Centre was to encourage me with words and ideas to deal with some of the long-term issues raised by the problem of women, ethnicity and armed conflict, a lecture I was to give in Geneva as part of an ICES lecture series. He had inaugurated this lecture series against all odds to correspond with the meetings of the U.N. Working Group on Minorities. He was delighted when Mary Robinson, the U. N. High Commissioner for Human Rights, agreed to chair this meeting, put together by a third world NGO. He read my script in detail and gave me extensive notes, as he had done throughout my working life. He was the 'safety net' for many people and many institutions. Despite all his commitments of time, he gave every research colleague

"IShallNotLookUpon His Like Again 55
and intern his full attention, read their work and made detailed suggestions. That is how seriously he took the world of ideas. Dr. Tiruchelvam's interest in ethnicity was not only political but cultural. He pushed the International Centre for Ethnic Studies to organise cultural events. He loved films, and as a result the Centre organised a South Asian Documentary Film Festival for many years. He had film programmes of contemporary films shown at the ICES. He invited musicians and dancers from South Asia to come and give demonstrations and lectures. Leading exponents of Kathak, Bharata Natyam and Carnatic music have passed through the portals of ICES, Colombo.
Dr. Tiruchelvam's interest in culture was not limited to specific events, it was also about everyday life. If a visitor came from abroad, he or she was given the typical Neelan Tour. They were taken to the Gotami Vihara, where the Chief Priest often gave them a tour of the George Keyt paintings. They were then taken on a tour of the Dutch remnants of the Fort area and finally in the evening at dusk, they were taken to the Temple in Dehiwela with the Buddha with the Sapphire Eyes. The priest would light the lamp near the eyes of the Buddha, and after that sight enlightenment always had a special meaning. His love was not only for the culture of Sri Lanka but also of South Asia. He collected books and CDS on all of South Asia. He loved South Indian bronzes; Moghul miniatures and the Sakyamuni Buddha adorned his office. He would hold conferences in the ancient cities of South Asia, and before he went to these cities he would study their history and culture. During the conference he would give all the participants a guided tour of the monuments and places of worship. Nothing made him happier than discovering the history and culture of all parts of South Asia.
Dr. Tiruvchlevam and his wife Sithie were generous to a fault. They would be hospitable to everyone, and Dr. Triuchelvam had time for every human being who came to

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see him whether they were rich, poor, strong or weak. He would go to extraordinary lengths to help people. If he believed someone's story he would leave no stone unturned in his effort to help them. A young couple was Weeping in a corner at his funeral house and I asked them their name. They said they were Wijesinghe. They said that for every problem they would call Dr. Tiruchelvam for advice. There were hundreds of such people, including my mother and her many widowed friends. He would always have time for them and he always came up with Suggestions and a solution.
Despite his love of scholarship, Dr. Tiruchelvam was also a man who believed that ideas should be put into practice. For this, against the advice of friends and family, he joined the world of politics. He tried to ensure that the ideas he had for constitutional law and multiculturalism were given sustenance by his being involved in politics. He enthusiastically joined any attempt to change constitutions and ethnic politics. He tried to influence constitution drafting, he was the main individual behind the setting up of the Official Languages Commission, much of the legislation being drafted in his office. He greatly assisted the Ombudsman and the Human Rights Commission, and he was helping to prepare a draft Equal Protection Commission law.
Since his father was a leading Tamil politician, Dr. Tiruchel vam entered politics through the Tamil United Liberation Front. He was deeply concerned about Tamil people and their aspirations. Whenever he could, he implored the government to act with restraint in conducting war. He was always for a negotiated solution. But being a pacifist and nonviolent to the core of his being, he put his energies into drafting constitutions and creating human rights institutions in government as well as civil society. He was extremely creative in the setting up of institutions, but the men and women who manned these institutions did not always live up to his expectations. Tamil politics nurtured Dr. Tiruchelvam and it

TShallNotLookUpon HisLike Again 57
was Tamil politics that killed him. He would spend so much time caring for individual Tamil victims of the war and emergency regulations. He would voice strong criticism (even if it was done in private) and helped the government agents in the various war-affected areas articulate their grievances about the needs of the civilian population. Hours were spent at the telephone pleading his case with the powers that be. He was not always successful but he continued to try anyway, believing that dialogue and discussion was the only way forward. The Tamils have lost a powerful voice that articulated their grievances within the democratic fabric of Sri Lanka.
His involvement in political life encouraged many of his civil society activities. He was a great believer in parliamentary democracy and the independence of the judiciary. He believed in the primacy of electoral politics. At ICES he inaugurated a programme of elections monitoring for all of South Asia. ICES brought together leaders of civil society and he took them for election monitoring in Nepal, Pakistan, Bangladesh, India and even in Sri Lanka. When the process of constitutional drafting was on, he would gather all the leading intellectuals of the region at seminars and discussions to get their input into the process. He was passionately committed to non-violence and a democratic process. That was more important to him than ethnic ideology. He used the democratic process to further the interests of the Tamil-speaking people but he was interested in all aspects of democratic life. His institutions of civil society were actively engaged in ensuring that his democratic vision would have concrete manifestations.
Many people believed that Dr. Tiruchelvam was the most brilliant product of his generation. He was not only an ideas man. He created dynamic institutions, both in civil society and in the government. His commitment to institution building was . unparalleled in South Asia. He was a very creative, imaginative person who was also blessed with a practical analytical mind. His death must not end with the triumph of mediocrity and

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barbarism in a country often filled with despair. It is important that his legacy be continued, and that those whom he relied on take over his vision and help make it a reality.
With the death of Dr. Tiruchelvam, the world has lost a man who dreamed impossible dreams but made them a reality; Sri Lanka has lost a democrat and a peacemaker; the Tamil people have lost a man who deeply cared for their security and their aspirations; his colleagues have lost his inspiration and his commitment to excellence; his friends have lost his generosity and nurturing ways, and his family have lost a loyal and caring husband and father. We are all poorer without him. As a columnist recently wrote, "We always kill the best.” But in responding to his killing we must heed the views of his son Mithran. When a New York Times reporter asked him what his father would have felt about such an assassination, Mithran replied that his father would not have been angry, he would have only been sad.

The Ethnic and Cultural Dimensions of Human Rights Policy
Neelan Tiruchelvam
(Address to the European Parliament's Committee on Development and Co-operation in 1993)
The purpose of this presentation is to outline some human rights concerns relating to ethnic conflict and its implications for a policy of human rights and development cooperation.
Ethnic conflict has contributed to some of the most serious and persistent violations of human rights in many parts of South Asia. Most of the serious violations relate to disappearances, torture and extra-judicial killings, and arbitrary and indiscriminate arrests have been linked to on-going ethnic conflicts.
In the recent history of the Indian subcontinent, ethnic violence has become an increasingly common phenomenon. From the Pathan-Bihari clashes in Pakistan to the anti-Sikh riots in New Delhi, anti-reservation stir in Gujerat and the Sinhala-Tamil conflict in Sri Lanka, racial violence has left a trail of destruction of property and human life. The emotional and psychological scars that remain after such outbreaks are in fact more destructive than the physical damage. The sense of community within a plural society is often shattered by the cruelty, terror and suffering unleashed by the forces of mob violence.
The competition for scarce resources and economic opportunities has fuelled antagonisms arising out of the sharp cleavages of race, caste, tribe, religion and language. Fragile political institutions have failed to accommodate adequately the demands for power and resource-sharing by marginalised

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ethnic and religious groups. Policies to advance national cohesion have been pursued at the expense of the linguistic and cultural traditions of minority groups. Ethnic discontent began manifesting itself in secessionist movements, resulting in repressive responses by the State, posing serious social justice and human rights concerns. These problems have been further compounded by millions of internally displaced persons and the flight of refugees from internal conflict.
But more recently there has been a growing awareness of the universality and complexities of ethnic problems and the need for concerted action to devise strategies, programmes and structures for the management of ethnic conflicts. Several multi-ethnic polities have incorporated federal forms of devolution into constitutional and political orders. In the evolution of these constitutional models there has been continuing conflict between unitary and federal efforts and centralised and decentralised forms. In India, the federal polity is based on division into linguistic states, while in Malaysia there is a Federation of States headed by local rulers, and new territories which were given special concessions. The former Nigerian model provides an interesting contrast with the overlap of certain regional and tribal groupings in the demarcation of States. The diverse ethnic, tribal and regional groupings have varying perceptions of federalism, and these perceptions have tended to shape the conflict and tensions in the operation of federalism in each of these societies. There is a growing debate within each of these societies on the need for structural rearrangements to strengthen the federal character of these polities. These efforts have been directed towards the need to redefine centre-state relations in educational and cultural policy, police powers, resource mobilisation and redistribution, emergency and residual powers. Such efforts and problems evoke basic issues relating to equitable power sharing between ethnic groups, and the failure to address these issues boldly has accentuated

The Ethnic and Cultural Dimensions of Human Rights Policy 61
secessionist demands by disaffected ethnic and other subnational groups. Federal and quasi-federal models of devolution also have a relevance to strife-ridden societies such as the Philippines, Pakistan and Sri Lanka, which have recently enacted new constitutions or are on the threshold of redesigning their present constitutional framework.
The question of self-determination which has been often asserted by ethnic minorities in the course of armed struggle or non-violent political agitation has been most problematic. Nation states become extremely defensive in the context of such assertions and often have recourse to extreme measures of repression to contain ethnic demands which they perceive would result in secession or disintegration.
Another focal point of ethnic conflict has been preference policies directed towards disparities in access to education and employment and in economic opportunities. These policies are often founded on competing perceptions of deprivation, which in turn give rise to rival notions of social justice. India, one of the most complex and hierarchically structured societies, has a constitutionally mandated policy of preference towards weak and vulnerable minorities and tribal groups. Policy makers and judges have had to grapple with issues of . bewildering complexity in defining the constitutional limits of such policies, balancing the interests of historically depressed caste and tribal groups with those of economically backward classes. Preference policies directed in favour of a politically assertive and dominant majority such as the New Economic Policy in Malaysia pose qualitatively different socio-political issues relating to the legitimate limits of preference policies bascad on proportionality. −
The international community must accord highest priority to evolving principles and concepts with regard to minority protection which will gain universal acceptance and contribute towards the peaceful resolution of conflicts. It must be emphasised that given the evolving and changing nature of ethnic identity, the content of ethnic demands and the shifting

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balance of power between ethnic groups, most structural arrangements would remain fluid and transient. There is therefore the need to continuously renew and reconstruct these arrangements to respond to new challenges and demands.
Ethnic conflicts pose fundamental issues relating to human rights and social justice which need to be addressed within the framework of the Community's policy on human rights and development co-operation.
First, the United Nations recently adopted a Declaration on Minorities which emphasises the need to respect and promote ethnic, cultural and linguistic identity without any distinction. It also emphasises the right of persons belonging to ethnic, linguistic minorities to protect themselves against any activities which may threaten their existence or the full enjoyment of human rights and fundamental freedoms. In pursuance of this declaration, the state should be encouraged to ensure that minorities participate effectively in political arrangements at the national and regional le vel. The Commission should therefore ensure that national policies and programmes in aid-recipient countries are planned and implemented so as to ensure that minorities participate fully in the political, economic progress and development of their countries. Programmes of development cooperation should be reviewed so as to ensure they do not adversely affect the interests of ethnic groups and indigenous people by forcibly displacing them from their traditional habitat or result in disturbing the demographic balance in the regions in which they predominate. Programmes of developmental assistance should also endeavour to heal the scars of civil Wars and internal conflicts by assisting in programs of rehabilitation and reconstruction and by encouraging projects which provide emotional and psychological support to those who have been traumatised by ethnic violence. Developmental assistance programmes also need to address issues of regional imbalance

The Ethnic and Cultural Dimensions of Human Rights Policy 63
and ensure that regions in which ethnic minorities predominate secure an equitable share of external developmental assistance.
Second, human rights policies and developmental assistance should be able to assist in addressing the underlying causes of ethnic conflict. This would include programmes of research into the economic, social and ideological origins of ethnic conflict and educational programmes which are intended to promote attitudes of tolerance and mutual respect in multi-ethnic societies. Such programmes could include educational programmes in schools and universities, and media programmes directed towards a much wider constituency.
Programmes can also include the sharing of information and technical assistance to promote constitutional reform, building of new institutions such as Language Commissions, Minorities Commissions and the design of autonomy or devolutionary arrangements which are responsive to the political aspirations and socio-economic needs of ethnic groups. Such programmes could also include the strengthening of the formal institutions of the state such as the judiciary to address more effectively problems relating to ethnicity, and to empowering civil society institutions which are committed to the advocacy of group rights, the documentation of human rights abuses and to education and dissemination of information on questions of inter-racial justice and equality.
Third, an important area relates to conflict resolution and conflict avoidance. The international community needs to be active in the resolution of internal conflicts which have destabilized several nation states and even pose a threat to regional stability. Such international concern should primarily be directed towards strengthening of domestic political processes for conflict resolution, both at the state and nonstate level. Where the domestic processes appeared to have exhausted themselves, the international community needs to be in a position to facilitate political contacts between

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contending groups and to encourage such groups to work constructively towards a durable solution.
Fourth, Community and Member States should adopt a policy on diversity which is analogous to that adopted by some private philanthropic Foundations. The objective of Such a policy on diversity should be to promote pluralism and equal opportunity and to end discrimination based on ethnicity or gender. Such a policy includes the encouragement of projects designed to strengthen plural Societies and to increase opportunities available to minorities and historically disadvantaged groups. Partners in development cooperation should be encouraged to promote diversity in the management and staff of organisations receiving and implementing aid. Partners should be required to clarify their goals with regard to diversity, the scope of their efforts to achieve diversity, and the barriers that exist to achieving diversity. Diversity concerns should include ethnicity, gender and national origins. While there is need for sustained efforts, strategies may need to be modified to the needs and challenges of particular Societies.

The depth of his humanity
Neluka Silva
Since his death, much has been written about Dr.NeelanTiruchelvam's role as a politician, lawyer, human rights activist and intellectual. While his contribution to these spheres will have a lasting impact on Sri Lanka, his legacy to most of us who knew him personally will be his humanity. He was one of the most courageous, generous and compassionate men I've ever met. Through the various stages of my student years and academic career he provided guidance, mentorship, and frequently opened doors of opportunity without being overbearing, directive or patronising. It is these unassuming and understanding qualities, more than anything else, that has made it a privilege to have known him for almost ten years.
I first met Doctor', when I was a university student and
had joined ICES as a research assistant during the closure of the universities in 1989/90. For university students, it was a time of frustration. I felt a sense of hopelessness about the future. I never realised that the intellectual stimulation and social network of ICES would change my whole future. I was terrified of my first meeting with Neelan Tiruchel vam and tried to delay it for as long as possible, because I was expecting a formidable, aloof man, my perceptions of an intellectual giant'. Instead, I was completely taken aback by his relaxed and informal manner. I had expected to be tonguetied at our first meeting, and I was, but not out of terror, rather at the surprise of meeting such a lovely human being. His genuine interest in literature, especially new writing from South Asia, immediately gave me a point of contact. This was one of Doctor's special qualities. He instantly found a common ground with which to relate to people. Whether it was law,

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politics, human rights, or literature, there was something to talk about. Thus matters of business were always preceded by an exchange on issues that were of special interest to you. He was eager to know how you felt, and his openness to ideas served as a source of inspiration. Together with his wife, he created an atmosphere where it was possible to walk into his office, and talk to him about any issue. Thus even when after you left ICES, LST or Tiruchelvam Associates, you still felt like you belonged to a community, and the doors of his office were always open.
His generosity of spirit, and his ability to make time for people, will be terribly missed by all the young people he Supported at the various institutions he was involved in, both in Sri Lanka and abroad. While many people are threatened by new voices, Neelan Tiruchelvam encouraged these voices. I experienced this for the first time when I was organising a workshop on the plantation sector at ICES. He constantly asked me for my ideas, and his quiet reassurance made even the most ridiculous or far-fetched possibilities worthwhile.
He was rare in that he frequently consulted you on his ideas on issues, wondering aloud how they would work, preempting reactions and criticism, without assuming that he was always right. This humility meant that, with him, young people were never afraid to articulate their ambitions or academic dreams. This applied most strongly to new areas of scholarship. If you had an idea for research, if it seemed prosaic or hackneyed, he would candidly tell you so, and discourage you from exploring that area, but instead, would motivate you to examine other issues. This was achieved with a gentleness and good humour that I have rarely encountered in anyone else.
All those who knew Dr. Tiruchelvam personally have many stories about his sense of humour. This sense of humour also translated to a boyish sense of fun and excitement which meant that he was as enthusiastic about the party I organised

The depth of his humanity 67
while working at ICES, as he was about a high-powered conference. Once when a few of us decided to organise a dancing' party with a DJ and buffet, while we were still in he discussion stages, I was called hy Doctor to his office. As I walked in he told me sternly that he had heard I was organising a party. For a moment I panicked, and started apologising for not asking his permission and stammering about it only being an idea, when I saw his familiar impish Smile. When I rather tentatively asked him if it was alright, he said he thought it was a great idea, and promptly said that we could have whatever we needed
If he had been only a politician, then we could have reconciled ourselves to, even rationalised, the brutality and wantonness of his death. However, it is because he was so much more than a politician, and in fact, will be remembered by many for the other facets of his life, that it is hard for us to come to terms with this act.
Donne wrote that "any man's death diminishes me". History may chronicle how Neelan Tiruchel vlam's assassination significantly diminished the opportunities for developing a just and sustainable peace in this country. For me, however, and for countless others who have had the good fortune to work with him, the loss is at a far more personal level. We shall miss hearing his words of encouragement, listening to his laughter, seeing his smile and sharing in the depth of his humanity.

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Devotion to Human Rights
Surya Wickramasinghe
Among Neelan Tiruchelvam's rare characteristics was his extraordinary generosity of mind and spirit. Where others would be indignant, Neelan would be sad. Where another would react with anger, Neelan's response would be pain. Deeply sensitive, and never one to hold forth about himself and his feelings, his pain was all the more acute for being borne in private.
Neelan always looked to the good in people and found it distasteful to dwell on the bad. Where we could not overlook unsavoury things in a persons's past, Neelan would seek out positive elements in their present role. This would at times exasperate those close to him. "Neelan, how could you forget..." would be the refrain - and the answer to our remonstrances would be just that quiet smile. His gentle personality, unfailingly kindly and considerate, gave a special dimension to his contribution to public life.
It would take a whole book to attempt to do justice to Neelan's contribution to the cause of human rights. This was exceptional as regards its quality, its quantity and its range. To mention just some examples - he was involved in constitution-making not merely in Sri Lanka but elsewhere (e.g. in Kazakhstan). He had a special interest in election monitoring in which he participated in several countries of the world. He created and nurtured human rights institutions and had a great gift of involving others in their work, young people in particular. He was deeply concerned with women's rights. Neelan was an active member of the Civil Rights Movement. As early as 1982 he was one of five speakers at CRM's public meeting on Fair and Free Elections at the

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YMCA Forum which was full to overflowing. The others were Bishop Lakshman Wickremasinghe, S. Nadesan QC, Fr. Tissa Balasuriya and Senior Attorney H. L. de Silva. Neelan's last visit to CRM was for a meeting of persons committed to the unconditional abolition of capital punishment. Just three days later, on 15 June 1999, he wound up a speech in Parliament with an earnest plea against the proposed reimposition of the death penalty. "Sir, I would like to express my strong moral opposition to this measure," he said, and then proceeded to briefly and lucidly enumerate arguments against it. Earlier in the same speech, Neelan gave voice to his anguish at what was his main preoccupation, the terrible consequences of war on ordinary people, and the need "to bring an end to the human suffering, the displacement, the destruction and the senseless loss of lives, both of combatants and of civilians". He went on to say:
We cannot glorify death, whether in the battlefield or otherwise. We, on the other hand, must celebrate life and are fiercely committed to protecting and securing the sanctity of life, which is the most fundamental value without which all other rights and freedoms become meaning less.
Throughout the years Neelan's contribution to CRM and to the Nadesan Centre for Human Rights Through Law of which he was a founder member, was vital and consistent. He would participate in our meetings and discussions, send us his Suggestions, respond to queries for information or advice, and readily undertake to speak to others in furtherance of our concerns. He was always, despite a myriad other demands on him, ready to give of his time and attention to discuss a problem. Neelan would, moreover, go out of his way to express his appreciation of an initiative he felt was praiseworthy, thus

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providing important encouragement to those more directly responsible.
When I consider how sorely Neelan will be missed by CRM and the Nadesan Centre I am appalled. And then, when I think how comparatively small a part of Neelan's life were these two institutions, the enormity of the loss this shocking and contemptible assassination has caused to the whole human rights community, and to so much else besides, is delineated in its stark magnitude.

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For the Minorities of the World
Cecilia Thompson
I now begin to fathom that I will never see Neelan again. However, his contribution to my work and his enthusiasm in realising his ideas and dreams, have been engraved forever. Since the inception of the Working Group on Minorities, Neelan personified its essence and spirit. At the first session of the Working Group, when I wondered with dread what possible comments would be made by certain minorities and NGOs and how governments would react, it was Neelan who was the first to take the floor. With his constructive comments and thematic focus, he impressed my boss, the members of the Working Group, and the participants. I was delighted. And indeed, through his contributions to all the sessions of the Working Group, Neelan was the one, more than anyone else, who managed to allay the fears of many that the Working Group would just become yet another chamber of complaints.
Neelan also provided the intellectual input to the Working Group and an occasion for minorities, governments and members to meet over a glass of wine and food, in an informal setting. The lectures he organized at the beginning of each session have always been extremely popular, generated an exchange of views and ideas, even debate - a process I believe Neelan has always encouraged. These lectures, again, incited respect for the Working Group, its work and the contribution it could make to minority protection.
Neelan fought for his ideas, his visions and his dreams with true passion and conviction. He did so not only at home in Sri Lanka, but also abroad, at regional and international levels. His visions for the Working Group and his ideas for promoting greater tolerance and understanding among all

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groups of society were not only close to my heart but also reflected the very essence of the work the United Nations is trying to undertake in the field of minority protection. He had a very special way to coax, to incite, to reason and to win over individuals to the ideals and visions he fought for. Neelan so impressed me, with his patience, his calm, and yet his power to influence individuals to view issues from different angles, to consider alternative means to achieve the same ends, to accept the values of peace over intolerance, conflicts and war. Neelan possessed this rare combination of being a brilliant lawyer and a wonderful warmhearted person. The individuals I have met have possessed, at best, one quality or the other, but definitely not a combination of both. He invited me to come to Sri Lanka to visit ICES, other organizations and relevant Government bodies, he spared some of his precious time for dinner and for debate, he was a pillar of strength - all of which bear testimony to Neelan's exceptional qualities and personality. I am always told that everybody is replaceable. Neelan, on the contrary, is truly irreplaceable.
When I was in Sri Lanka, an ICES staffer was on the point of taking up her job with a bank. Neelan wanted her to be sure that she was ready to " ..... leave the world of ideas for the world of money'. Neelan always pursued his ideals, lived for his ideals and ultimately died for his ideals. The best tribute I can pay him is to nurture the seeds that he sowed, and ensure that his ideas and dreams will bear fruit. His compassion and his commitment to peace and to minority rights must be carried forward. I will never forget his dedication to . making this a better world. His mark on my work and my life is indelible. −

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