Page 1
People's Peace Campe
to restore Sanity in
(SEE PAGES 11 AND 12 )
N THE NEX e WOT en St. e Fate of fisi e Killing is ni
-
REGISTERED AS A M
 
 

GULF WAR
CHALLENGE TO
WORLD PEACE
MOWEMENTS
aign launched
Sri Lanka
KT ISSUE
ride ahead her families tot the Way
EWSPAPER AT G. P. D.

Page 2
SOCIAL JUSTICE - 47
CONTENTS
Page
Independence, Constitutions,
and National Crisis é 3 An Appeal for a Negotiated Peace ... 4 Progress in Post-Independent .می... ...
Sri Lanka - a Fallacy ." 5 * Open Letter to UNP & SLFP ... 7 Cabinet System of Government and
Public Accountability O. O. e. 9 Peace Campaign - 11 Institute for Total Revolution a 13 Glasnost - Perestroika, but the
Struggles of the Third World's Poor Continue we a 5 Elections in the Offing ... 18 Is India Falling Apart ... 19. Letters to the Editor ... 20 Responsible Tourism, Promotes
a Humane World ... 21 Remembering - Neville Samarakoon ..., 22 Know Your Rights o 23 The Heroes of Today os 24
RESOLUTION ON THE “GULF CRİSİ AGAINS
Adopted unanimosly by delegates of SC branc Committee Meeting - held in Bonze, France, 21-23 N Ci-Bangladesh, India and Australia and passed by th January 13th, 1991.
1.SCI recognizes that the current confrontation in by Iraqi army, can lead to a dangerous and unaccepta orld. The so called "Gulf Crisis" clearly shows the follo
The United Nations are conditioned by the USA.
*Rich countries are determined to make war upon, in order to
War remains a most important "tool" to solve international c
*The end of the EastWest confrontation noves rich countries
2.SC, as a pacifist world movement, is committed ar and the militarization of the Middle East.
in the short term, the aims of these actions is to reasons which are behind the "Gulf Crisis' and asking p
3.SCI, recognizes that the iraq/Kuwait crisis sh idered in the wider Context of all situation of Cl occupation of Lebanon and the conflict between Israel
Ci agrees on the promotion of a general peace CO account the three mentioned situations.
The National Secretary, S
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s FoRAN coMMlon Action of TWAR : hes in EUROPE and USA at the 72nd Europea
ovember, 1990 and approved by representatives o 3 National Executive Committee of SC - Sri Lanka o
the Middle-East, resulting from the invasion of Ya ble war, with disastrous consequences for the entir
Mwing:
maintain full govern on world's economic sources.
Xnflicts.
to a new era: the North/South confrontation :o the promotion of active and positive actions against
raise Consciousness among people, highlighting th eople to express objection against participation in
ould not be seen on its own, it should rather 법 isis in the Middle-East. SC believes that the illega and the Palestinian People should also be considered mference for the Middle-East which should take intq
ervice Civil international, Sri Lanka

Page 3
SLLLLSS SCSCSCSSLSCSLS
Independence, and Natic
Ours is a total Societal Crisis involving Our economy, Culture, ethnic relations, religions, and politics. We are killing each other with martyrs and heroes being idolised on the Conflicting sides. The national Crisis is due to a failure to resolve the relationships between the ethnic groups and political parties. This has to do with power sharing at the Centre and regionally.
Prior to independence the Sri Lankan leaders agreed, thanks to the wisdom of Mr. D.S. Senanayake, on the 1947 Constitution with mutually accepted guarantees to the minorities. (cf.open letter to UNP and SLFP on p ). The 1947 Constitution had a fair chance of building a united. Sri Lanka. Unfortunately fundamental rights were not directly entrenched in this constitution largely due to the advice of Sir vor Jennings, who is said to have regretted it later. But the party leaders whipped up ethnic antagonisms by sponsoring divisive measures such as the Sinhala Only Language policy. The safeguards in the Constitution were legally dismantled, one after the other. Majority rule was used to disempower the minorities.
The 1972 Constitution, fathered by Dr. Colvin R. de Silva during the premiership of Mrs. Sirimavo Bandaranaike, took away many of these guarantees. This was partly in furtherance of (the myth of) parliamentary Sovereignty, and partly because the country was said to be on the road to socialism. Hence Parliament was empowered to enact radical legislation speedily without the road blocks of democratic safeguards of individual and collective rights. Thus the abolition of the Senate and of the right of appeal to the Privy Council, the dropping of the safeguards under section 29 of the 1947 Constitution, the removal of independence of the judicial and public Services commissions. A chapter on fundamental rights was introduced, but they were not justiciable,
The 1972 Constitution was hailed as the real achievement of Sri Lankan independence. We were now free to govern ourselves without any interference from abroad. Our elected Parliament was Supreme and sovereign. But the Constitution failed to satisfy the legitimate demands of the Tamil minority. Their rights were not safeguarded. They felt they were second class citizens. Relations were worsened by the

Constitutions, inal Crisis
use of state power and the recourse to mob violence for suppressing non-violent Tamil protests.
it has to be remembered that it was under the 1976 Constitution that the Tamil parties decided, by the Vaddukodai resolution, that an independent Eelam was their goal. That Constitution and its antecedents frustrated the Tamils so much that they felt separation (or the demand for it) was the only way for them. The experience of the 1972 Constitution teaches us that Parliamentary sovereignty must be subject to more fundamental human rights of individuals and groups.
The 1978 Constitution was meant to resolve this deadlock and the UNP Government was voted to power with the support of the TULF and the CWC. This constitution tried to undo some of the damage of the 1972 Constitution by making fundamental rights justiciable under limited conditions, and introducing proportional representation. But the constitution set up the executive presidency as the supreme authority in the country. The powers of Parliament and of members of Parliament were curbed. The judges of the supreme court were summarily dismissed in a legally Courteous manner and those acceptable to the government were reappointed. The aim of the Constitution was stability of government to ensure economic development with foreign capital investment.
This constitution also failed to meet Tamil aspirations. The ethnic violence and State Condoned mob violence, Tamil militancy and excesses under the Prevention of Terrorism Act led to a state of civil War. Today the writ of government hardly runs in the Tamil majority areas,
There are two levels of societal collapse; ethnic relations, Social class relations... hence the two insurrections of the Tamil militants and of the J.V.P. Relating these two and making resolution of conflicts difficult is the breakdown of relations between the two main national parties: the UNP and the SLFP. The constitution has been used to keep the SLFP out of power; especially by the removal of civic rights of Mrs. Bandaranaike, the referendum - of 1982 and the manner of conducting the 1988 elections,
f independe(ി lead to a united Sri Lanka

Page 4
SOCIAL JUSTICE 47
manner of conducting the 1988 elections.
if independence is to lead to a united Sri Lanka our public values, relationships and structures must give a fair deal to the minorities and the opposition parties and be enshrined in the Constitution. There are basic contradictions between the present presidential constitution and the required devolution of power. We need today a radical revision of the Constitution to remedy these deficiencies. This cannot be done by the present All Party Conference in which
AN APPEAL FOR A
At the beginning of the New Year 1991, we consider that:
- the whole country has suffered immensely wars, both in persons dead and wounded an
- the youth of all ethnic groups are dying i sight for causes of the conflict. That a human
- this war is leaving a country gravely indeb for our mistakes,
- there is no lasting and acceptable solution for one side or the other is not likely to end groups,
- ultimately we have to solve our problems to
We therefore urge all the parties to the ci solution, and that with the participation o country.
The basic ingredient for successful negotiatic individuals, we can place our trust in a pro include changed attitudes, a willingness t preparedness for an authentic constitutional
We invite all peoples' movements to bring process of negotiation and stop the war as ea
PLUGHT OF THE PEOPLE ANC
 

the main Opposition Parties have no confidence. Some sort of an Constituent Assembly of Constitutional Convention is required to give ourselves a durable Constitution acceptable to all the groups in our body politic. The 43rd anniversary of lindependence is a suitable occasion for us to reflect On the need of a constitution that can ensure our unity and our freedom. .
TISSA BALASURYA O.M.
NEcoTATED PEACE
appeal to all those who are engaged in war to
during the past seven years, due to the civil d in damage to property,
1 the thousands each year, without an end in
life destroyed is irreplaceable,
ited, so that future generations will be paying
to our problems by war; even a victory in war the bitterness and distrust among peoples and
gether as Sri Lankans through negotiation.
onflict to agree to resume negotiations for a f all the political parties and groups in the
on is trust. Even if we do not place our trust in cess that will lead to justice. This process will o see past mistakes in a new light and a y guaranteed sharing of power.
pressure on all those concerned to join such a irly as possible for the common good of all.
UNTOLD SUFFERING CONTINUE
އަر
2. برج ہے۔ سے. 273 NN

Page 5
SOCIAL JUSTICE 47
Progress in Po Sri Lanka -----
it would not be far wrong to say that the grant of independence to this country in 1948 was not so much the fruit of a militant struggle as a climax of a constitution agitation carried out by the then leaders of this country. Being a constitutional agitation, the movement for independence recruited its followers largely from the educated middle classes in urban areas. In contrast the struggle for independence in India involved the active participation of the mass of people.
The nature of the movement in this Country had a clear impact on its E. Are W '#'#'ñ WithO :::::: PATRI ဖြိုးမျိုးမြို့ူမျိုးဖြိုးပြိုမြို့"tပ္ပါး"ဖြုံး COMM
assiduously nurtured by the British. ENTH
O Economic lethargy
The country continued to remain for a long time an export import economy tagged on to a plantation and peasant form of agriculture. Apart from a few irrigation Schemes and an ill-planned large multi purpose project - Galoya - there was no particular thrust to Convert domestic agriculture into a dynamic growth sector. Even when such a change occurred in the sixties, it was largely manipulated by
Widespread inertia to winds of technological change
WN
VAv I A
 
 

st - Independent - a fallacy ?
ALLENSON DE SILVA
foreign agri-business firms and geared to their interestS.
Nor was there any serious attempt undertaken to Create a broad based industrial Structure in the country. Science and technology, which the leaders of India were imbibed with a missionary zeal to acquire and propagate was virtually absent here; even today we are groping without a Sense of direction and foresight, while we are told that unless We invite mu
tinational firms We WOuld re people not be able to acquire the
technology we need. t
o Mass OTISM involvement
MITMENT, About a decade after independence a chance USIASM ပ္ပဗ္ဗဇုပ္ပံ When
masses for the first time Came to be involved actively in the destiny of the country. Changes of a radical nature occurred with measures to bring transport under state ownership, new policies of industrialisation and changes in the pattern of land tenure. Most controversial of the changes was the 'Sinhala Only Act' which set in motion a process which ended in dividing the Country.
The Country has been severely handicapped by an absence of leaders with a stateSmen like Vision and who had the long term interests of the country at heart. This was particularly brought out by the ethnic issue, where those in power failed to satisfy some of the basic demands of the Tamil community - such demands included besides language others such as - land, education and economic development. It was the lack of statesmanship that hastoday rent the country into two - and it would take a long time for Wounds caused by war and violence to heal.
One of the major obstacles that stood in the way of economic development of this country is the neo-colonial mentality that is present among a wide Cross section of the people. To those in the upper strata such attitudes often pave the way for self

Page 6
SOCIAL JUSTICE 47
advancement; they make those at the bottom end gullible, non critical and ready to worship any one who comes from the west or accept anything from outside. Such attitudes and mentalities have been brought into focus whenever the economy was liberalised - not only local goods but even human skills and talent have been downplayed or rejected.
Though we often boast of the good standards of Our health educational and Welfare Services We tend to forget the vast mass of our people are today immersed in poverty. Today they are deprived of the Services of doctors: - doctors who neglect patients ir state hospitals to spend more time on those in private nursing homes; similarly students are largely taught by unqualified or untrained teachers, since many o them have opted to retire and join private educationa institutions. It is Our neo-Colonial mentalities that make us easily give in to the demands and pressures o Such institutions as the World Bank. it is time that We stood our own ground and begin to rethink out policies and ponder over the long term impact of the demands of international institutions,
O Easy Way Out
Patriotism has come to mean for us a brand O nationalism limited to ones race, One that would boos our own ego rather than one that demands sacrifice hard work and commitment. It is this mentality tha has made us look for an easy way out of Ou problems - foreign loans, foreign investments and free trade ZOnes.
At least today's tragedy when we are a dividec nation and one of the poorest eight countries of the World, should make us look back on our own history learn from our mistakes and rechart the future cours of our destiny. O
ܐܰA ( A 2 ܠܰ ܠܳܐ ܥ݂ܳ
Half the World in C
We are now seeing the greatest mass migration in hur -the trek to the cities
Giant cities occes
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GUOTES ....... QUOTEES
M/M/23 OFC://4//(9/2-
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Javaharlal Nehru
THE GREATEST THREAT
7 / were asao War as the greatest twaar to the //na/7/ace, / woul/sof say the sloear Abloymó, átfogva třihat ås gwelt 6ayogi/%' / WoLaysay dhat the greatest threat & dhe growing inclation ofautoriyo contro/Aeropé3minas.
We? aud/oi/ wants to Contro/Aedoes malizas, är deses først a7 wellAstralizeaa7 weapoyz the
/ear of the comov7 evaevzy, 4/a/ž týkať okoes /zor
WOyá, áf Lases a seaoy7oZ t/e9féarofäseGM”
Alan Paton
ities
han history
=Rich world =Poor world
2000
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Page 7
iPolitical PA Open Letter to
To His Excellency
and Madame Sirim
The New Year, 1991, may offer a fresh oppo
giving serious consideration to the LTTE prop
ecognised political parties. Several Tamil and Musl
evolution of power.
The government is faced with a tricky situat negotiations with the LTTE.
We appreciate that the Government has to ta int, of view. It may demand a laying down of a ecommend the appointment of a local or internatic WOuld also have their demands for their Own S or which they felt compelled to take up arms. Even overnment and majority community clarify proposals
We wish to stress the importance of buildin ead to continuing death and destruction in the Cot both sides have many reasons for distrusting the oth
While we blame the LTTE for its breach of promises by the leaders of the majority communit confidence in democratic processes among the Tami
We can recall the 1947 Consensus under the 1947 Constitution prior to independence. Unfortun relations due to government policies such as:
- the Citizenship Acts of 1948 and 1949. - 1956 Sinhala Only Act.
- 1958 the abrogation of the Bandaranaike-Chevanayagal - 1968 Mr. Dudley Senanayake abandoned the Senanayal
1970-1977 The Constitution of 1972 and its antecedents to the Privy Council, the abolition of the Public Services.Com under section 29 of the 1947 Constitution. Standardization of ac
- Since 1977, failure to implement the UNP electoral pro Presidency. The transfer of powers from the Centre to District O
- The Referendum of 1982 - Since 1983... the Sixth Amendment. The Provincial Coul
- Beside this ethnic violence was begun in 1956 and 19 against non-violent protest by moderate Tamil leaders, July 198
The Conflictual situation itself has led to Ce discussed, resolved or dealt with better e.g. conce power sharing, appointments to the public Service, i. within a united Sri Lanka remains.
 

UNP & SLFP
anasinghe Premadasa
iavo Bandaranalike V §
Osal, and has invited comments on it from all th
tunity for a just peace in our country. The m parties are said to have reached agreement on the
on. It is conscious of having been let down in earlier
ke the steps that it considers specially from a military rms by the LTTE and other militant groups. it may inal ceasefire monitoring committee. The LTTE for afety and for the realization of their political objective
if the ceasefire does not hold, it is necessary that the
for the Solution to the ethnic issue,
g confidence among all the groups involved, War will untry. Unfortunately in the long history of this confli 9.
trust in the short term, it is the long term breach of that brought the alienation, frustration and ioSS ! community.
leadership of Mr. D.S. Senanayake enshrined in the ately subsequent history saw a worsening of ethnic
n Pact by Mr. Bandaranaike; Regional Councils not set up. e-Chevanayagam Pact; District Councils not set up.
saw the abolition of the Senate, the removal of the right of : nission, and the abrogation of the guarantees to the minoriti mission to the universities.
mises. The 1978 Constitution centralizes power in the Executive velopment Councils was ineffective.
cils not granted adequate powers and finance.
8 by the mobs of the majority community. Use of State power
violence,
tain lessons being learnt and some problems being ning language, standardization, consensus on Some nd use. But the main issue of effective power sharing
(continued on page 8)

Page 8
SOCIAL JUSTICE 47
While we blame the Tamil youth for resorting as exercised by the leaders and parties from the is that each time the party in power at the time (U evolution of power, the other main opposition pa ese two parties made ethnic affairs a matter of pc imes sponsored solutions ranging from the fede present Provincial Councils. But each party oppo hipped up public opinion against them to overthro
These two parties can offer a workable mea
united Sri Lanka, taking into account the specia
Graciousness and goodwill can bring about a bett than any resort to armed force by anyone.
We appeal in a particular manner to Pres Bandaranaike. Your two parties have ruled this cour You bear a historic responsibility to resolve this iss different if you rise above party politics on this oc power sharing, may cause further damage and h destruction of our economy and culture, but also oft
The people of this country are suffering unt in the North East have now no schools, no jobs, an both boys and girls resort to arms as a means of O sિelf respect as a people. The Tamil youth are now fig
We urge the LTTE also not to resort to a solution to their problems.
While we request the S.L.F.P. to lend its to the ethnic problem, we think the Gover ethnic issue is taken outside of partisan politics. ir media can be more fair to all political groups.
We appeal to the UNP and the SLFP and a agree on the processa) for a fruitful dialogue leading
b) and the working out of constitutional rem development and progress in Sri Lanka.
We have all made mistakes in the past. Trust thousands of human lives, we trust you will measur prayers and good wishes are with you for making 19
Sincerely yours, Tissa Balasuriya, O.M.I. Director,
Centre for Society and Religion

to violence, throughout all this period the State majority community. The most important aspect in NP or SLFP) sought to resolve the ethnic issue by rty (UNP or SLFP) blocked or diluted such changes. wer politics, interestingly each of these has at differ ral proposal (of Mr. S.W.R.D. Bandaranaike) to sed such solutions when it was not in power, v the government in power.
:ure of autonomy with constitutional guarantees withi
rights and hurt sensitivities of each ethnic minority er understanding among all the peoples of Sri Lank
ident Ranasinghe Premadasa and Madame Sirimavo try since independence both for better and for worse, ue Once and for all. The future of Sri Lanka would :casion. Your failure to offer a workable package istory will lay on you much blame, not only of he lives of our youth and our security forces.
old misery, with over 1,100,000 as refugees. The youth d often no homes, in this hopeless, helpless situation fercoming the violence and perhaps even saving their hting each other also.
rms any longer for this will not lead to a long term
nment can elicit such cooperation more readily if
cooperation to the Government to offer a နှီး th a special way the use of the State controlled m
it the other political parties and the militant groups to
to an effective extension of the ceasefire,
edies to safeguard Communal harmony and ensure
can build trust. Your actions today can save many up to the exigencies of this historical challenge. Our 91 truly a happy turning point in our history.

Page 9
SOCIAL JUSTICE 47
CABINET SYSTEM OF PUBLIC ACCOUNTABIL
The theory of Cabinet government which Ceylor accepted under the aegis of the Soulbury Constitutior when she gained independence from Westminster ir 1948 is sustained by underpinnings which specifically address the issue of public accountability. Cabine government rests on the pivotal institution of Paria ment, itself consisting of the elected representatives of
the people,
Representative democracy is enshrined in the modalities of Cabinet government in so far as the Cabinet is dependent for its existence upon the goodwill of the legislature which could, at any time, bring about a state of things in which the Cabinet would be compelled to relinquish office.
The Cabinet system of government is fundamentally compatible with the principle of public accountability because of the reality of financial control of the Cabinet by Parliament. This is the lever which, in the ultimate analysis, enables the legislature to impose its will upon the executive.
Notions of public accountability, in the contemporary public law of Sri Lanka, have to be reconciled with the advent of the Executive Presidential system of government which forms the Cornerstone of the Second Republican Constitution of Sri Lanka which was promulgated in 1978.
The need for an Executive Presidential system was articulated with vigour against the backdrop of strikingly adverse economic circumstances which underscored the crucial significance of an accelerated programme of economic development.
While the reality is undeniable that this system enables the President to dominate the entire spectrum of executive policy making and implementation and indeed places in the hands of the President a range and degree of authority duite unlike that at the disposal of the most powerful of Prime Ministers, it nevertheless remains true that the Presidential systerm, too, has built into it inevitable modalities of legislative control largely finding expression through the mechanism of surveillance in respect of public
unds,
The President, no less than the Cabinet, has of necessity to rely upon funds voted by Parliament. Under the Presidential system, just as under the Cabinet system, Parliament may at its discretion withhold supply and so stuitify the functioning of the governmental process. .

GOVERNMENT AND TY
An abstract from a lecture delivered by PROFESSOR G. 1. PEIRIS, ViceChancellor of the University of Colombo, to the Instiute of Law and International Affairs, Bangladesh
Whether in the context of the Cabinet system or in that of the Executive Presidential system, it is important to stress that public accountability can be a reality only if a variety of other elements are deliberately nurtured and developed. These factors are significant enough to warrant enumeration seriatim and brief discussion.
The Judiciary. Especially in the setting of a constitutional system which recognises an enforceable Bill of Rights and the principle pertaining to the justiciability of legislation, with the result that legislation which Parliament purports to enact can itself be struck down on the ground of incompatibility with mandatory provisions of the paramount law, it is Crucial that the judiciary should enjoy the confidence of the public with regard to its impartiality and objectivity.
Public accountability is one of the core values of the democratic process
The essence of the democratic form of government is that those wielding authority and making decisions in the exercise of public power consistently remain answerable for their actions to the community from which they derive their power.
Direct democracy of the kind which was practised in ancient Athens provides a model of public accountability in a stark and simple form. The entire adult population participated in the government of the City State and met periodically in a large body to discuss matters pertaining to the welfare of the public and to determine policy accordingly.
Throughout the ages this has been the major practical application of democratic theory.
Diverse forms of government have been suggested to accomplish this object. Cabinet government inspired by the Westminster model and the Presidential system, versions of which have been resorted to in countries like the United States of America and

Page 10
SOCIAL JUSTICE 47
France, are the two principal modalities typical of Contemporary political experience.
it will be seen, however, that neither system it intrinsically capable of providing acceptable guarantees with regard to public accountability, and that the success of the system selected to suit the nuances and priorities of a given Social and Cultural Context depends inevitably of a variety of safeguards which, ir their Cumulative impact, will ensure the protection of basic democratic values within the framework of the system adopted.
In Sri Lanka prior to the promulgation of the Donoughmore Constitution in 1931, executive powe remained solely in the hands of the Governor anc officials deriving their authority from appointment by him. In such a setting there was clearly no scope fo any meaningful discussion of public accountability or the part of those carrying on the administration to the vast mass of the people.
The basis of accountability, such as it was, coulc plainly be described as tenuous and slender. The sole Sanction in respect of irregularity or malpractice in any sphere of administration consisted of criticism on the floor of the legislative assembly to which intelligen and articulate sections of the indigenous populatior Secured access by degrees.
With the acceptance of the limited suffrage Conditioned by income, property and educationa qualifications, it became possible for groups of the population to elect their representatives who participa ted in debates in the legislature and, by this method Sought to influence the content of executive policy.
Even these rudimentary mechanisms of accoun tability werestultified by anomalies and distortion attendant upon the limited electoral process. Many C the flaws were associated with the concept c
For us there is one ubon uve exist, and c and through ubon up born of all creation; eartb. (cf 1 Cor. 8:6;
The gifts of creation have been give to nurture, to protect, to preserve; the also preserve, protect and nurture US day-to-day lives, there is much we ca act as responsible stewards of God's WOrk.
Through saving energy. Adequi sulate your home. Keep furnaces oper top efficiency. Avoid drive-in facilities your automobile, preferably a Smaller, ficient and emission-safe model, in t ning condition. For short trips, walk
m
 

10
Attitudes which were adopted, typically, were sectarian and myopic, giving as they did to mutual suspicion and mistrust ...
communal representation.
Each community - for example, the low Country Sinhalese, the upcountry Sinhalese, the Tamils, the
Europeans and the Burghers -separately elected their
representatives in keeping with a system which made provision for reserved seats in respect of each Communal or racial grouping.
Predictably, the consequence of such a system
was to prevent the emergence of a cohesive or
:
Sod, the Father, from whom all things come and for ne Lord, Jesus Christ, through upbomare all things . exist. He is the image oftbe invisible Goa, the firstor in Him all things were created in beaven and on Col. 1:15-16);
to US Through your lifestyle. Live as simply e gifts as possible. Plant a vegetable garden. Use in Our what you have as long as you can. Re-sole a do to pair of shoes instead of buying new. Avoid handi- disposable items: paper towels, plastic uten
tely in- made from recycled paper. Re-use the bags ting at you get at the grocery store. Dowithout unKeер necessary appliances such as electric cangas-ef- openers and knives.
p run- Through cooperation. Join community
nationally integrated outlook upon crucial matters in public life,
Attitudes which were adopted, typically, were Sectarian and myopic, giving expression as they did to mutual Suspicion and mistrust engendered by the assumptions of an electoral system which compulSorily required separate registers for distinct ethnic Communities,
The Donoughmore Constitution offered a fascinating experiment with regard to innovative levers for achieving public accountability. The system brought into exercise by the Donoughmore Commissioners contained a variety of features of significant Comparative interest.
The Donoughmore Constitution of 1931 heralded universal adult franchise in Ceylon, and so laid a firm foundation for public accountability by giving the people of the country a decisive voice in their public affairs by Control of the legislature. O
SOURCE: Daily News, Dec. 5 & 6, 1990
sils (They're made of petroleuml). Buy cards
based groups that work to conserve resources, to save and protect the environment.

Page 11
SOCIAL JUSTICE 47
PEACE OAMPA|
Joint NGo Action Lau
A new year has dawned, and with it comes fresh hope for peace in our beloved country. People every where long for a peaceful settlement of the present conflict. But wishful thinking is not enough. ACTION FOR PEACE is required. With this in view a CAMPAIGN FOR PEACE was launched on January 12, 1991 at the CSR. The purpose of the meeting was to articulate public opinion for a JUST PEACE. Present were members of numerous NGO organistons who pledged to work together for peace.
e SPEAKERS
A short reflection, led by Fr. Tissa Balasuriya, on the need and process of a peoples' campaign for peace was followed by views presented by a panel of Speakers. The main sentiments expressed were as follows:
FR. DALSTON FORBES - Forty years of Suspicion, animosity, hatred, jealousy and refusal to share kindred sentiments between ethnic Communities have passed. The time is ripe for a good solution. This is not possible without mutual trust and confidence, This can be overcome by forming small groups, working together on common PROJECTS FOR PEACE - economic, social, cultural, religious, and even political.
JUSTICE M.M. ABDUL CADER - Youth are at the core of violence. The must be made the Core of a peace campaign. This can be done through PERSONAL CONTACT - forming a core group who will go out to temples, mosques, churches and motivate other youth. We must promote our own ideology among youth, taking only the best from the West. Violence must be repelled so that your enemy becomes your friend. A conscious effort must be made to rouse people all over the island to DEMAND PEACE VOCFERIOUSLY.
HI
KILLING IS N
 
 

ORGANIZATIONS PRESENT
Sponsors
Movement for inter Racial Justice and Equality (MIRJE), Movement for Defence of Democratic Rights (MDDR), Mothers & Daughters of Lanka, Women's Education Centre, institute of integral Education (Subodhi institute), Conference of Major Religious Superiors (CMRS), Holy Family Sisters, Satyodhaya, Christian Leadership Movement, Centre for Society and Religion (CSR)
Other Organizations
Central Council of Social Services, Red Cross, S.C.I. Kandy, Hill Country Youth, Shanty Community, Wellawatte
SELV THRUCHANDRAN - NGOS must make a beginning NOW TO DEMAND PEACE. The time is ripe since the LTTE is in an ambivalent stage. Beware of FOREIGN AD THAT S KEEPNG WAR FRES BURNING. The situation in our country is one of repression - hundreds are being killed millions are refugees. Hatred is being fanned NGOs must COUNTRY VOLENCE WITH A PEACE MOVEMENT.
JEHAN PERERA - A big chance has taken place among ordinary people who now feel that Sinhalese, Tamils and Muslims can live peaceably together in multi-ethnic communities. The sense of collective hostility has evaporated. Rabbie rousers have had their day. The war in NOT a Sinhala - Tamil war, but the LTTE vs. Governemnt. Political leadership is unwilling or afraid to use this opportunity. NGOs MUST TAKE THE LEAD - through social experiment by testing out the responses of Ordinary Sinhalese to
I
ΟT THE WAY

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SOCIAL JUSTICE 47
the idea of federalism and then broadcast the results We must force government into action based on fact and findings of Surveys such as these on people attitudes all Over the island.
o ACTION GROUPS
Following a brain storming session, six ACTION GROUPS were formed. The following is a summary o their reports:
1) IMPLEMENTATION OF CAMPAIGN OBJECTIVES - through liberation from fear of man forms. To act in Support of genuine human values, no mere external show or ritual. To raise awarenes within one's range of influence. Define short and long term programme of action.
2) POLITICAL LOBBYING BY NGOs - after at identification of objectives of the campaign to mee politicians and lobby with M.Ps - hold interviews, invit them to Seminars - ask them what their Solutions are
3) MEDIA - obtain support of mass media fo peace, remove existing distortions in presentation C news, carry message to the masses of people utilising a PEACE SYMBOL, slogans distributed islandwide present peace message through popular T.V. pro grammes, solicit help of advertising agencies it broadcasting peace campaign message - hold meeting of journalists from time to time,
4) SCHOOLS - Call meetings of school princi pals area wise, beginning with the Apostolic Carme sisters. Organise poster campaigns designed by Schools, present playlets, and encourage learning C all three languages.
5) YOUTH - To arrange dialogues among yout from different areas, in different places for a exchange of views. Encourage youth to use media t express their views, write to magazines, Compos Songs, make audio-casettes etc.
6) INTER-RELIGIOUS GROUPS - Meet leader of all four religions - propoagate NON-VIOLENCE MEDITATION, SATYAGRAHA.
O APPEAL TO SLAND-WIDE NGOs
All right thinking NGOs must work together t ernSure that the PEACE CAMPAIGN DOES NOT DIE A PREMATURE DEATH, as with previous efforts PLEASE JOIN US BY WRITING TO THS ADDRESS Peace Campaign Coordinator, CSR, 281 Deans Rd Maradana. Colombo 10) stating your wish to COOP ERE INFUTURE ACTION. Please State which of th above 6 groups your organisation, or you personal would like to work with. We will keep you informed c all future events and action taken to promote th PEACE CAMPAIGN.

12
Coordinating Committee
(Volunteers)
Sr. Made, A.C., Sevi Thiru chandram,
Malini Balasingham, Sr. Barbara, A.C.Ajith Weerasinghe, Wilbert Silva, Jehan Perera, Ven. Kiranthidiye Pangnasekera, Robert Russel, Ranjan de Silva, Ronald Amarasekera, Alex Perera, J.D. Bernard, Athua Dissanayake, Sirima Shanthilatha, S. Chandrakumar, Vincent Kandeepan
Action for LASTING PEACE
Deciding to take constructive action is the first step. Equally important is perseverance.
The achievement of any goal often involves setbacks and failures, large and small. But by letting failures educate rather than discourage, you can increase your chances of achieving your objective. The only real failure occurs when you give up on an attainable goal.
To bring change to one or to many you must first trade pessimism for optimism, apathy for enthusiasm. Ultimately you are choosing achievement over defeat.
To light candles, in other words, it is necessary to look within. It is essential to believe that the desired end is achievable, that you can help to reach it.
PEACE WILL BE POSSBLE WHEN
You have a Mission
"More to inspire others with confidence, fewer to throw cold water on anyone taking even one step in the right direction.
"More to get into the thick of things and do Something about it, fewer to sit on the sidelines merely finding fault.
"More to point out what's right with the world, fewer to keep harping on what's wrong.
"More to be interested in lighting candles, fewer in blowing them out.'
Be not overcome by evil, but overcome evil with goOa. Romans 22

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Institute for to
The Institute for Total Revolution is a training institute to involve young men and women in the movement for total revolution and to train non-violent volunteers.
Gandhi had perceived the need of training in non-violence over fifty years ago. in March 1936 he wrote in Harijan: "Just as one must learn the art of killing in the training for violence, so one must learn the of (living and) dying in the training for nonviolence, (Training) presupposes great study, tremendous perseverance and thorough cleansing of one's self of all the impurities. If for mastering of physical sciences you have to devote a whole lifetime, how many lifetimes may be needed for mastering the greatest spiritual F. force that mankind has known?' THIS IS A M
Non-violent courses differ AN INNO from academic COurSeS because APPROACH they do not cover only the intellec- IN INDA T( tual side of the trainees. They try THE ENER to mould the life of the trainees as YOUTH IN a whole. The training in the Insti- VE RATH tute, therefore, differs radically DISTRUCT from training in other academic VITES
institutions. It also differs vastly from "non-violent training" given by # Certain trainers who teach a number of techniques for non-violent action. The Institute Considers non-violence not merely as a technique but as a way of life. Therefore, its training is of a different nature. It does not only provide information, but also tries to help in raising the consciousness, acquiring skills and deveoping attitudes conducive to non-violent living.
Training in consciousness raising is done in group discussions and classes, as also only active participation from time to time in the larger movement itself. The students of 1985 for example, participated in the planning, executing and the evaluation of the Triennial of the War Resisters' international held at Vedchhi and the students were active in the campaign against the nuclear plant being built at Kakrapar in Our neighbourhood. The library of the institute contains books in several Indian languages and is useful to the students for academic studies.
The working of the Institute provides a number of skills to the trainees, Elementary training for self
 
 

13
)tal revolution
NAYARAN DESAI, Director
sufficiency is gained by agricultural activities on the small piece of land of the institute, management of the Community life, including Cooking food and cleaning the campus etc. Training is also given in spinning and weaving. Practical skills in organising meetings, group dynamics, working with villagers, youth and women also constitute part of the skills-training. The students also visit a number of Gandhian institutions in the neighbourhood to gain practical experience of skills such as uses of Solar energy and other appropriate technology.
There are no formal classes for attitude training. Gandhi's remarks ODEL OF that "there is no royal road to train VATIVE except throughliving the creed in your life' are taken in all seriousness TAKEN and the training is imparted entirely O DIRECT through the community life. Living GIES OF with people from various parts of the TO POSIT- country varying in languages, cusER THAN toms and temperaments gives ample V ACTI- chances for self-discipline and attitude-training. No work in the Community is considered lower than Some other. Distinctions of Castes and religious evaporate at a very early stage of the training. When problems arise in the community their Solution by Consensus provides scope for non-violent living.
The methods of training in the Institute constitute a healthy blending of the methods employed by trainers in the East and West. While Some of the methods employed in the Eastern and Gandhian traditions are adhered to, some methods employed by trainers in the West are also readily accepted. For example we have prayers, meditation, silence and manual Work from the Gandhian tradition and innumerable games and exercises from the West,
There are two types of courses: long term and short term. The duration of the long term courses is from ten months to a year and the short courses or "camps' are from a week to six weeks' duration. There is one long term course all the year round and about eight to ten short courses during the year, in the long term courses more emphasis is laid on community work, skills training and attitude cultivation, the short

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term courses are generally restricted to one or two topics, such as methods of direct action, nuclear energy or Hindu-Muslim question.
Participants of the long term course choose their own special subjects for studies after consultation with resource persons. Some students of the present Course, for example, have selected work among villages as their subject, one has taken up the study of nuclear disarmament and another human relationship and anthropology. Short Courses vary according to the needs of the participants. A batch of adolescents for example studied the lives of six eminent men and women of the world, a batch of villagers from Karnataka Studied methods of direct action, because they themselves were involved in a campaign against a factory causing pollution in the Surrounding areas. There was also a short camp for learning folk-songs, devotional songs and light classical music and one for studying the problems of women in India.
The participants in various courses of the Institute have the widest possible variety. " There were Some students in the long term, whose academic qualification was only of the elementary stage, but whose keen desire to learn and serve their community made them fit to be admitted for the Course. Some of the participants on the other hand are post graduates. But as each participant is encouraged to follow the Course chosen by her/himself, no difficulty is experienced in imparting the training. The participants in the short camps vary from village leaders, to workers of the movement for Total Revolution at thenational level. There has also been One Course of international participants and some individuals from foreign countries have stayed in the Institute for a period of one to three months.
AS to the question whether participants from other Countries are admitted, we can only say they are Welcome. The best months for them to COme to India would be between November and February. Butthey can also plan for longer courses if they are prepared to extend their visas. Climatically April to August are the hottest months of the year.
The Institute is also willing to consider details of exchange programmes with other institutions outside
india. O institute for Total Revolution,
Vedchhi, 394 641, india.
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LALTH PRESENTS NEW VISION FOR | EDUCATION
(Statement - made by the Hon. Lalith Athulathmuadali)
We have worked out a educational reform program. This has been distributed to members. The program has been discussed and approved by the onsultative Committee and approved by the abinet. in future too any major changes will be made after Consultations with all Concerned and with
heir general approval.
The National Education Commission is a adviry body. It will be appointed by the President on he recommendation of the Nomination Commission.
The views of all those who are Concerned and interested in education will have to be taken into COnsideration.
Education has to be geared for national unity. In bilingual Schools we are going to change the system of Separation of classes. We are going to have common classes. We are going to try something like the "follow me' system.
We accept the principle of giving pride of place to one's mother tongue and at the same time learning One or two other languages,
From 1991, we are going to teach the Sinhala, Tamil and English alphabets to all 5th graders. So they will be able to identify and read these characters on any signboard.
in my first Cabinet paper recommended that 4 percent of the GNP be set apart for education. This is being progressively done. This year's allocation is 2.9 percent. That is nearly 3 percent.
This year we have allocated Rs.200 million for upgrading of one maha vidyalaya in every GA's division to the status of a developed School, as found in major towns.
We are going to increase 5th standard Scholarships from 5000 to 25,000 next year, to give ၀ opportunities for rural students to study in high grade Schools,
The extention education modes will also be extensively used. Rupavahini and SLBC are cooperating in this programme.
We will hold a special exam for the 9th gradl next year, to direct those who have talent to go in for technical training.
Source : Daily News. Dec. 7, 1990

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SOCIAL JUSTICE .47
A socIAL USTICE sUPPILEMENT
Emergency Statement On the Gulf War
WORLD CONFERENCE ON RELIGION AND PEACE
We, the people of religion have repeatedly made appeals to the leaders of Arab countries, those states which dispatched their troops to the Gulf area, and U.N. Security Council, and others, through a series of WCRP/ACRP statements and appeals, for peaceful solution of the Gulf Crisis, without any resort to arms and violent Teans,
In spite of our efforts as religious people, however, it is really regrettable that a war has broke out eventually. It is always innocent people that suffer most once a war begins. War is against the will of God and the Buddha, thus we cannot approve any War, as it brings mass killing, destruction, and suffering to people whom God and the Buddha love.
Amid the present hardships of humankind, we, the people of faiths will never lose hope. We are intent not to give up our efforts to explore the ways of restoring peace as soon as possible in International community. We do firmly believe that we are enjoined by our faith and conscience to love and respect life and to engage in activities in the service of peace and justice,
Based on the above mentioned convictions, We pray and call for an immediate cessation of the armed hostility and subsequent negotiations aimed at peaceful and enduring solution of all Middle-eastern problems. We will organize special prayer meetings for this purpose, and urge WCRP families and other religious communities of the world to participate in this program.
Our prayers have to be followed by our concrete actions, in cooperation with other World religious Organizations, We will take Various steps as are deemed necessary, such as addressing joint - statements to the parties of the conflict, the Security Council and the member states of the U.N., and other relevant bodies; to render aid and service to War victims and refugees; to hold peace prayer meetings, peace demonstrations, peace marches, peach offerings, and so on.
May grace and guidance from high be with all and every one of us so that we may serve as willing instruments of peace,
Nikkyo Niwano President of WCRPJapan 18 January, 1991
 
 

February 1991
DN THE GULF WAR
Global Goal for stability needs to replace Crippling destruction and ravaging of present war
The issue of Iraqis aggression should be placed in a wider context. Iraq's annexation of Kuwait is not negotiable, but the timing and the terms of withdrawal should be negotiated within the framework of a larger got of issues, Specifically, the United States should seize this Tornert the deteriorating political situation in the Middle East toward a more just order. "Stability", the newly reaffirmed global goal of the United States, cannot be achieved at gunpoint. It rests on a legitimate political, legal, and moral order. Otherwise, stability is a mirage, just a slogan over which to fight wars.
The effort toward a peaceful resolution of the crisis in the Gulf should be part of a renewed affort for a general settlenent in the Middle East. Given the cooperation of the Soviet Union, Syria, Egypt and Saudi Arabia in this crisis, the moment is at hand for such an undertaking. The alternative to regional settlement is the crippling and dangerous militarization of the whole region - and permanent conflic. Pressing now for a long-term political settleLLLLLL LCL aL LCLCLLL LL LLL LLLL LLLLLLLLYS LC LC oil-consuring nations, and the people of the region must not be dismissed as a "гөмүard" for lгас"s aggression.
The United States should take immediate steps to CC LLL C0CLCTLTCS CLSLCLTaCCS CCT LLLTLTCCCT L CLC CCCLLLLC of the twenty-first century. Efficiency, conservation, and the development of an alternative energy base are absolutely essential for the survival of democracy in the United States. The U.S, must finally examine and address the roots of its oil addiction, and begin to change old habits. The necessary first Steps aro clear, they havo been detailed by energy Conservation groups and successfully inplemented by such allies and economic competitors as Germany and Japan. The time to begin is now, (Richard J. Barnet, Co-Director, Institute of Policy Studies. Washington D.C.)
HISTORICAL BACKGROUND TO BIRTH OF KUWAIT
European - and particularly British - intrusion changed Gulf history and boundaries, beginning in the sixteenth century, The English Crown's strategy to colonize India led British forces to carry out sub-colonial expeditions throughout the area, primarily to counter rival imperial forces. In 1899, Britain secured an agreement with Mubarak, the leading Sabah Sheikh. In return of a small sum of money, the Sabahs agreed not to cede, lease of sall territory without British conggrit,
British control of Kuwait, in the for IT of a protectorata, continued into the mid-1920s, while the former OttonTian proVinces of Baghdad and Basra became the League of Nations mandated territory of Iraq, with Britain as the mandatory power, During this period, Ibn Saud consolidated his family's control over most of the Arabian Peninsula. In 1922, Britain's steward in the Gulf, Sir Percy Cox, unilaterally established the boundaries of Kuwait, Saudi Arabia and Iraq, placing a large piece of the Najd within Iraq and companisating Ibn Saud with a sizeable piece of what Kuwaitis considered their territory. Sir Percy's Thap also left Iraq without secure access to the Gulf.

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CE SUPPLEMENT o
A Global Movement for Peace Urgently Needed
The Gulf war is an immense disaster for humanity.
Iraq is Wrong in occupying Kuwait. The U.S. and Allies are even more Wrong in using such measures of destruction to gain control over the oil in Kuwait. Few Will believe their sanctimonious claims to fight for human rights, justice or freedom of peoples. This is so contrary to their record and that of Kuwait as well.
it is pity the U.N. system, with good intentions, has let itself be hijacked by the rich and powerful U.S.a. and its determination to control the Sources of petroleum.
Unfortunately Some religious leaders justify War While political rulers claim God to be on their side against infidels or a satanic dictator,
The public conscience of the World needs to be roUSed up against this use of force by all concerned.
Peoples movements need to mount and coalesce a World Wide movement for peace. We unite ourselves With the millions who come forward to try to stop this spiralling madness of human self annihilation.
7 WSSA BALASLAWA O M A
HISTORICAL BACKGROUND
Craigy of Events 1957 On May 17, U5, Frigate Stark struck by Iraqi missiles in Gulf,
37 sailkT:s die 1953-1. Om March 5, ting J-5, accuses Iraq Luf lethal chemical Wi-Fins
agains Iran. Accusationare confimed by the UN 1952. On June 6, Israel invades Lebanon. 1931 Israel bombs Iraqi nuclear reactor 1980. On September 4, Iraq declares war on Iran. 1979 Saddam Hussein assumes the presidency of Iraq 1975 Camp David Egyptian-Israeli Peace treaty sig TL1973 Iraq claims territorial right to the Kuwaiti Islands of Warbah and
Babıyar, Iraqi troops occupy the border city of Samithin in Kuwait. Troops are withdraining 74. 1963 Iraq formally recognizes Kuwait's independence 1961 Kuwait gains independence from Britain Iring threaters invasion citing Cetorian sovereignty over the region. Britain sends contai втостра. 1953 Revolution in Iraq. Manarchy is deposed. Iraq becomes a Republic 1948 Israel declares independence, 1932 Iraq becomes independent under the Protection of the British, 1918 British expeditionary forces seize the three Ottoman provinces
(Moul, Baghdad, afid Basta) that CCITiprise the nod in state of Iraq 1914 Turkey enters World War I on the side of the Central Powers.
Britain sends an expeditionary force to port of Basra in the Gulf to Perful in a "holding operation. The force's task was initially intended to protect British oil interests from Turkish aggression 1534. Ottoman Turks conquer the Present-day territories of Iraq in the
Persian Empire.
- Prepared by Patrict M, Steel and Micah Firi
 
 
 

IS THIS A JUST WAR 2
Viewpoints expressed by CSR Staff
The first question posed was whether America had a right mobilise her whole military might in an issue that involved iddle East countries. Kuwait had virtually become an AI Terican lony and was used by USA to promote her interests in the
|
It was Thade clear that we should Tot attempt to hold a brief r Saddam Hussain but scarcely no attempts had been made to id out Saddann's Case for taking over Kuwait or what Saddam's estands were on this issue. The World's press dominated by .S. and Western Tedia wirtually blacked out Iraq's viewpoint on is issue and leashed a barrage of publicity that highlighted a's act of aggression.
Other speakers tentioned the inhuman acts of war erpetrated on a small nation over an issue that very Wall could ave been solved by peaceful Teans, Peaceful initiatives were either conciliatory or neutral but intimidatory. It was a situation here a large power has used every means to brow beat a Third World country and how the economic and financial might of USA as effectively used to win over even reluctant Western States nd cajole and pressurise even certain Arab countries to join the Wg Gita TT Coalitico.
It was further mentioned that the issues between Iraq and LLLCCL LCC L CC L LLLLLLLCCLL LCLLC LLLLLL LLLLLLLC Lat LLLLCLL CLCLL to history. Among them were such issues as that of an oil Well laimed by both but which Kuwait had used, Kuwait further, in romoting the interests of the West, had brought down the oil rices to the detriment of Iraq and other Arab states, Iraq is said have a historical claim to Iraq in that it was a province of Iraq arlier and the British had installed a ruler who had helped to for Tote their interests in that area. Several speakers mentioned at the present conflicts in Third World countries were caused ly their policy of divide and rule, The collapse of socialism in astern Europe was considered a shattering blow to the Third World in that they lost a power that stood for their interests. In uch a situation many speakers Welcomed the stand taken by aq to stand up to the intimidation of the World's Policeman.
A question was also raised as to why Iraq had not taken the 35ue to the UN. Many Muslim countries have today lost faith in he "Christian" West and there is a strong Muslim currant of hinking that their issues must primarily be settled by them,

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GLASNOST - PERESTRO of the Third World's po
Not a few politicians in the seats of power here and in other Third World Countries have looked upon Glasnost and Perestroika, which primarily addresses internal Soviet economic problems, as a panacea extendible to all the problems of the Third World. Some prominent figures in the political arena have even described those who have not become mesmerised by these two reform processes as frogs in the well. This is not to detract from the refreshing winds of change that blew across Eastern Europe bringing about real political advances and new developments, but to place in correct perspective their impact as far as the majority of suffering humanity in the Third World is concerned.
In the midst of all the rejoicing, especially by the ruling Third World elites, over the ending of the Cold war and the changes in Eastern Europe, the events have served somewhat to eclipse the glaring intensity of poverty in the Third World, which is increasing instead of diminishing. According to the World Development Report 1990 there are more than a billion people today, one third of the population in the developing world, living on less than Rs.1,233/- a month; the latter being a World Bank statistic.
o Justice demanded
The widespread prevalence of poverty among these peoples evidently results in a cycle of conflicts and these continue to vociferate for a more just and equitable distribution of global wealth, The conflicts and poverty situation have their roots in all the past exploitation and injustice that took place during the colonial period, in the tensions and accompanying expansion of the military-industrial complex of the cold varar, and in the post-independence era. The latter because "independence" was nothing but a myth.
The era of peace which the events in Russia and Eastern Europe are believed to herald may not after a change the desperate situation of Third World Countries, unless matching winds of Change blow Over he industrialised first World and bring about a change of heart there,
The basis of portending little hope for the Third World peoples, in contrast to the general optimism accompanying the political developments in Eastern Europe, is the worsening conditions of poverty, growing ruthlessness in violence, the blatant, innovatime, and sophisticated forms of exploitation, and

KA, but the struggles
Or Continue −
Dr. Mervyn D. De Silva M. P.
institutionalised extra-judicial methods of oppression under insensitive old and new, local and foreign, power structures. This view is corroborated by the unending struggles, for instance of the Korean people, who continue to be divided even as they seek to be freed from the deadly embrace of the cold war ideologies. Also the small scale farmers in Sri Lanka, India, Indonesia, and the Philippines etc. who are steadfastly struggling for their rights to their land and access toagricultural inputs. These farmers had been enticed to become dependent on these industrial products and now, after their traditional practices of Sustainable agriculture had been abandoned, subsidies on these inputs, originally given to induce farmers to use them, have been withdrawn on World Bank dictates.
o Deprived of democracy
To the catalogue Supporting this view can be added the predicament of the students of Burma who continue to live in the jungles of the Thai-Burma border deprived of the democracy they won in the elections; the numerous reports of rigged elections and facade democracy readily given authenticy by Western monitoring agencies and governments; and the pitiable situation and struggles of industrial and plantation workers. But worse, today, the people's struggles are waged under much harsher conditions and more Sophisticated forms of political, economic, and Social Controls than before. This list of the people's struggle however will not be complete without a reference to the realities of apartheid and exploitation in South Africa.
People are now more conscious of their power

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Apartheid is not so much to be found in the Segregated parks, cinemas, churches and separate lavatories, but rather in the figures of malnutrition, infantile mortality rates, cholera epidemics, statistics etc. Disease in South Africa, as in other Third World countries, is always connected at every turn with the unequal distribution of the Countries resources. Exploitation in general of workers is well authenticated by the very lives of black farmers, and show the devastating effects of the harsh conditions. In contrast to their insecurity and their poverty is the opulence of the "winelords", exposing the true cost of one of South Africa's prestige exports. The living conditions of tea and rubber plantation workers in this country are no better, although we have become blind and insensitive to that fact.
o Monopolization of power
All these seem to point to the unpleasant truth that durable peace nationally and internationally, is being made elusive by the constant monopolisation of power by the few who are economically, politically and Socially dominant. It even makes understandable why Some thinkers believe and wonder whether the only way to break the spiral of poverty/conflict/violence Supported and entrenched by national and international, political and economic structures, is literally by breaking the structures themselves. We are reminded of John F. Kennedy who realised this and Warned, that, those who make peaceful revolutions impossible make violent revolutions inevitable.
On a wider canvas, the contemporary reality is that although most Third World countries have thrown off the yoke of foreign political domination, the inequitable system perpetuated, international banking and finance, and Third World debt structures, seem to Continue to institutionalise theirunderdevelopment and export dependency. The granting of formal "independence" without economic justice had merely transformed the power relationship between the poor and ruling elites both on national and international levels. True, decrepit and corrupt dictators have been hounded out by liberal and moderate political groups, but the people as such never ever Come to possess Substantive power. And, even laws that have been enacted to protect the underprivileged sectors of Society, workers, farmers and women etc. remain in the statutes to be ignored and even violated.
The economies of Third World Countries are now in the clutches of international economic, financial, and monetary systems, agreeing to terms and Conditions even when they seriously affect the helpless lives of the people adversely whether they like it or not. This is to be expected because the terms and conditions set up by the IMF and the consortium aid

16
structures have no real roots in the situation of the poor countries and simply apply western norms of economy. The same is true of Transnational Corporations that operate in such countries, and the character and attitude of the rich industrialised North Atlantic Countries. (The North).
O Detrimental development
The impact and effect of the latter's economic development and their international ramifications even On the productions at local farm level, such as cash Cropping and commodity price fixing is quite visible. irrespective of what is preached, and what Third World elites and politicians believe, what all the Third World countries have is a highly determined development over which they have little or no control. On that score alone, to say that these States live under the myth of independence has validity. Unmistakably they do not and cannot function as independent states. This means that there is a forced homogeneity in the developing world in both the political and economic arenas, achieved in a Subtler manner than did the Soviets in Eastern Europe.
The fundamental paradox in the contemporary realities which is hard to reconcile is that while there is a shrinkage of the world, Openness, Glasnost, Perestroika, Outward looking etc. on the one hand, there is a centralisation of the politico-economic structures of power as well as the widespread uncritical acceptance of the techno-Scientific ethoS. This has led to mankind being based on an unequal distribution of resources, wealth, and living conditions. Thus surface the actual plurality of the phenomenon of the North
(rich) in the South, and South (poor) in the North.
o Lack of Commitment
Until very recently the main answers to the politico-economic and social problems of the Third World emerged fromthose who claimed to follow the “realist approach” (real politik) with its pretense of objectivity. But this approach in actual fact worked for the maintenance and perpetuation of status quo between the North and the South. There was no strong commitment to discover a mode which would have transformed the North-South relation - and provided answers to all human suffering applicable everywhere equally.
Time is ripe for the Industrialised Western powers and ruling Third World elites, now rejoicing on the chorus "the cold war is over" and "socialism is on the retreat", to realise the need for a wind of change, the analogue of Glasnost and Perestroika to blow over the Capitalist states. No amount of rhetoric on the events in eastern Europe can change the present global

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configuration of a core and periphery - the core bein the rich North, and the periphery being the poc South.
Similarly, the struggle for democracy in othe parts of the world cannot be perceived as comple mentary to the struggles in the Third World and tha "democratic victories" in Europe can be generalise as victories of the Third World. Seen "separately" the tend to blur the continuing exploitation and oppres sion of the Third World by the same old Wester structures of power - the international Monetary Fund World Bank, Super power military and nuclea strength, the ideology of industrial and technologica power of the North, and its power to shape the Worl market and terms of trade. The issues of Third Work Debt, the continuing power of transnational COI porations, and Western control of Third World econc mies, the unfair trade Structures of the World - thes have become subordinate as the World pre-occupie itself with a concern for European peace,
Can there be real peace in Some regions of th world, while old conflicts continue in other parts? Cal national problems be resolved in isolation fron international factor? Can the old logic of dominatio by a few nations or few people who are powerful, b modulated Without the winds of a new Glasnost and new Perestroika blowing over the industrialised capi talist Nations? O
Profile of Mikhail Gort
O Man of the Year 1990
Mikhail Gorbachev was well and truly the man positive sense, as opposed to the other man who dc of the year, Saddam Hussein whose annexation of 1991 an explosive start.
For Gorbachev, the coming year will be a make-or-bre glasnost and perestroika few men have influenced the lives and eve looked a very troubled man. His nation tethering at the bri deep political turmoil. To repulse the rising deviser tide the aut within the system he had crafted.
The reformists and the radicals are pulling in their own conservatives, the Army and the KGB included. Gorbachev, whe the unity and integrity of the USSR. The televised address to the and Marshall Dmitri Yozov, the Defence Minister, offer by far the
Would history be repeating itself, transforming last years to Simon Bolivar, once hailed as the liberator in Bolivia and then

17
TO HM WHO
r HATH SHALL
BE GIVEN
r
t
In 1900 the average
person in the rich world
had 4 times as much as a
r person in the poor world
By 1970, the ratio
s had become 40 to 1
n
Today the pay rise which an American can expect in one year is greater than an Indian can expect in a 100 years
DaChev
of the year 1990. In a minated the latter half Kuwait Could well give
k affair. As the author of
bolitics of a nation as Gorbachev has, And Gorbachev on New Year's k, threatened by ethnic incompatibility, chronic food shortages and hor of perestroika finds himself acquiring more authoritative powers
independent ways provoking a prompt riposte from the hardcore her he likes it or not, will have to go with the latter if only to maintain nation earlier this month by Gen. Vladimir Kriuchkov, the KGB chief, clearest indication that Gorbachev is a deeply troubled man.
Iero into the new year's villian? Remember what they did aeons ago sent into oblivion?

Page 20
SOCIAL JUSTICE 47
SPOT LIGHT ON NDA
ELECTIONS IN THE Ol
Even the most ardent supporters of the preser political arrangement by which the 61-member Janat. Dal(S) led by Chandra Shekhar rules with the outsid support of the 196-strong Congress-l in the Lo Sabha refuse to Countenance a full-term life to th ninth Lok Sabha. A general election is on the cards i the year 1991. The option to choose the correct tim for its political convenience has been left to th Congress.
A Snap poll was averted in 1990, because th two major players of the political drama - th Congress and the Janata Dal(S) convinced Presider R. Venkataraman that the country's socio-politica scenario bruised by the Mandal-Mandir disputes, wa not conducive for elections. The Mandal-Mandir dis putes have divided the people on communal an caste lines, these parties argued, and for them 199 might offer Some relief, if the vexed issues could b Sent to the background and economic issues coul be made the issues.
They admit that if elections were ordered in mediately the extremists among both major commun ties, would be the gainers. The apprehension of Communal backlash has unnerved these politic parties. While the BJP would like to keep the Ral Janambhoomi-Mosque dispute alive in 1991, th Janata Dalled by V.P. Singh is trying to make in-road in the Hindi heartland through the Mandal issue. V. Singh is confident that with the backward-Muslii support, he would regain the power. BJP chief Li Advani too is trying to keep the tempo high to car On the chariot of "Hindutva' in 1991 should th mid-term election be Ordered, which he believe cannot be avoided.
A few months before the 1989 elections th Congress government had changed the statute
o ELECTION TORNADO BREWING
An election tornado awaits us in three border states - Jar dawn. While the democratic polity has been derailed in Jamn rule in Assam this month also brought a constitutional collap cannot be described as a happy situation by any political ya elections would be able to subdue the secessionists in these st being under siege due to the Pakistani interference or encour government was elected after the Assam accord in 1985 and it the militant outfit, ULFA, has surprised many, in Assam, no for in Jammu and Kashmir a belated move was discussed to rev unless the statute is further amended to give fresh lease of life
in elections kingpins sometime fall like ninepins. But ir pressure of the ruthless trigger-happy secessionists. Could thi question which would haunt the country in 1991.

18
Gopal Mishra
FFING
give voting rights to the 18-year olds in the hope that the new generation would help its poli prospects. According to Statistical data with the Election Commission, the Voters' number has now swelled to nearly 51 Crores. Of them a large number, about 25 per cent, is in the agegroup of 18-30 and would be the deciding factor in any pol held next year. And this generation is not inspired by any ideology.
The psyche of the electorate is also undergoing change in the new decade. The rural India, which had been in focus for the past Several elections, has also changed considerably due to population growth and expansion of the towns, nearly 40 per cent of the rural areas have become urban squalors. in spite of frustrations and a mirthless living, this group is quite alive to the political situation in the Country.
w
if in 1990, the country witnessed a political stalemate and the emergence of the Mandal and the Mandir dispute, in 1991 a solution might be possible, Will another elections heal the wounds 2
SOURCE: NATION, December 30, 1990.
S
Ο
THREE BordER states
mu and Kashmir, Punjab and Assam - when the new year heralds a u and Kashmir and Pubjab for a considerable time, the President's se in the state. That the men in green uniforms control the states distick. The issue during the new year, however, would be whether ategic states.Admittedly, Punjab and Kashmir could be described as agement to the militants there. But why is Assam on the warpath? A had almost a full term of five years in office. Therefore, the growth of bign country could be accused of meddling in the local affairs, While ve the dismissed Assembly, in Punjab elections cannot be avoided Othe extended President's rule.
the case of the three states, the democratic process is under the country ward off the menace of the gun-trotting youths? This is the

Page 21
SOCIAL JUSTICE 47
IS INDIA FALL
Vinod Mehta
As we move into a new decade there is good
cause to dread its arrival. We have survived the follies and treachery of our rulers, we have withstood the vagaries of the weather gods, we have learned to live with misery and want. However, never before have we inflicted such savagery on our fellow citizens and never before have we been less sure about the way we govern ourselves. Yet, even as Hindu zealots push us towards incipient fascism, let us contemplate our strengths - strengths which, miraculously, have endured assault after aSSault.
First, India is a vast country. There can be instability in one state or two or three, but it is virtually impossible to destabilise the entire country. In the past few weeks in Maharashtra, it is only the morning papers which inform us of the carnage in near-by Gujarat. During the height of the Mandal agitation, the South, west and east were entirely peaceful. How many people in Calcutta are directly affected by the killings in Punjab? Our hugeness is our protection. Secondly, there has never been a time in the life of the Republic when some part or the other is not visited by violence, mayhem and curfew. As a result,
SOURCE; Sunday States
SIGHT AN
o4, FOU ARE THAT BIG/RA3IV! || C. MAN HUMGLt AMITON 1570 REMIN ییلا! با ۶۵ را با s۹۹ 5 || || 1
R i mnamosos Wiosny”
 

L9
NG APART ?
the Indian state has developed shock absorbers. Despite the fact that all our democratic institutions are sick, they do function fitfully and eventually manage to restore some sort of order. Thirdly, we have a burgeoning urban and rural middle class (150-200 million?) spread all over the country and they have a vested intered interest in order and stability.
That the Nehruvian Consensus is under siege is incontestable. But has it capitulated? Because the silent majority is currently voiceless and low on morale, it might seem so. Actually, there is some fight left in an idea which has nourished almost the entire Indian political leadership since 1947. Let us be certain it is dead before we bury it.
In the meantime, the forgers of the new consensus might like to consider their geographical influence. In the south and the east their writ hardly runs. In the west their reach is restricted largely to Gujarat. Thus, only in north India, and even here in the Hindi belt, do they enjoy some hold. The reason why they seem omni-present is because they propagate their cause with frightening zeal. Actually, they are a handful who through guile and artifice have seized our imagination. O
man, December 30, 1990
w;At is Tys (NSUBORDIWATow?
ET ME SIT F|kgr;"
R. K, AXMANTE fIMES OF INDA

Page 22
SOCIAL JUSTICE 47
LetterS O the ECO
Why fear a federal State in Sri Lanka 2
A unitary state may be defined as one organize under a single Government; and unitarism as th habitual exercise of supreme legislative authority b one central power.
A federa state is One in Which there is a Centr authority that represents the whole in external affair and internal affairs as are held of Common interes and in which there is also provincial authority wit powers of legislation and administration within th sphere allotted to the federal unit by the constitution.
The distinctive feature of federation is the forma division of Government power by the constitutio between the constituent unit or provinces and th larger state which it composes. The unit has powert pass laws on the subjects allotted to it and t administer and inmterpret them; and the feder authority may exercise its legislative, administrativ and judicial powers only within the limits set by th Constitution. The spremacy of constitution is therefor a second important feature of federation.
The Supremacy implies that the laws passed b aby authority in the State if contrary to the constitutio may be declared “Ultra Vires”.
Some authority Such as the Supreme Court t intepret the constitution and decide conflicts jurisdiction between the centre and the unit therefore essential. if also means that neither Feder authority nor the unit thereof has the power to chang the Constitution as it likes; for then one of the two an not the constitution becomes supreme. In other worc afederal state has necessariya riigid constitution.
These then are the eSSential features of fed ration. The division of powers, the Supremacy of th Constitution, the existence of a Supreme Court interpret the constitution and the rigidity of th Constitution.
By contrast in a unitary state there is r constitutional division of powers between the cent and the local territorial divisions. The distinguishin mark of a unitary state is that all local governin authorities within the state are created, their powe defined and their form of organization determined the Central Government.
Therefore it is by the nature of the relationship the Centre to the locai bodieS that One determine whether a state is federal or unitary.
A Country so small as Switzerland has a feder

у
у
2O
constitution where people live peacefully and happily. Why not we resort to solve this thorny ethnic problem within a Federal constitution having a united Sri Lanka with lasting peace. Even eminent authorities like Dr.
N.M. Perera; Mr. S.W.R.D. Bandaranayake and Mr. S.J.V. Chevanayagam were for a federal form of Government for Sri Lanka.
– W.D.E.G. – RuPasingle
SORRY PLIGHT OF PEOPLE IN AFFINA
Wish you a Happy New Year. We in Jaffna are far from happy. We are undergoing tremendous difficulties here.
A bottle of kerosene oil is Rs.45.00OOOO
A kilo of sugar is Rs.50.00-100.00
A bottle of coconut oil is Rs.6000-100.00
A coconut is Rs. 8.00-25.00
A cake of Sunlight is Rs.12.00-16.00 A cake of Rexona is Rs.10.00-12.00
There is no vegetable less than Rs.45.00 a kilo.
Please work-out Some Scheme to bring a settlement. Let us first build up a better relationship among us. No one is prepared ti trust a person from other race. There is no sign of love.
Why not unite or call a few people from Jaffna, Vavuniya, Mannar, Trincomalee, Batticaloa and discuss this issue.
will do my best here in Jaffna-Kinochchi.
W. K.
Uneasy peace talks useless exercise
t

Page 23
SOCIAL JUSTICE 47 2
WEWPONT
Responsible Tourism pron
Anton Meermana
We live in a troubled world. People such as political leaders, religious leaders, intellectuals, media people and revolutionaries have been trying to Solve the troubles On this planet from time immemoriable. They have
been applying different AZea/77/779. to
kind of methodologies, //we As 2/7 Voye tactics and strategies
according to their ideolo- Ca/7 AeA/O/77Ot gies, philosophies and 7 opinions. As human //st approac/7 beings, we appreciate these humane attempts. But problems are increasing.
Different people use different approaches. These approaches may be religious, political, Spiritual, materialistic, cultural or whatever. For example during a non-formal sharing of viewpoints on tourism, the so called materialistic approach was questioned. Some one said "don't be materialistic". But think it is difficult to pinpoint the relationship between tourism and materialistic human behaviour. Because everything in this world is so complicated,
As mentioned before, we may have different approaches, but we cannot condemn other people's methodologies and activities, because we have to be tolerant. Now you may wonder how this relates to tourism. But tourism is after all an issue which relates to human behaviour and activities in a fairly wide COnteXt.
o Inter-Relationships
in this world, everything relates to one another, From ideologies to tourism, from criticism to con
i
Let's beware of this type of thing
O
t
A
έάΆ
VNDER GONSTRVCTION awayaegwa
o Aih fe
· } RESERVE
 
 
 
 
 
 
 
 
 
 

notes a humane world
licts, from religions to prostitution, from education to 3xploitation and so on. In this world there is tolerance, criticism, anger, ideological differences, Cultural shock, misunderstandings, feedbacks, and misinterpretations etc. So how can we separate those things rom maSS tourism.
So, without trying to classify approaches either
///e a/7of /ef negatively or- positively, it is better to regard them in
O/OO/ W7/C/7 totaly as part of the struggle for a humane eOW f/7/oug.'/7 7 world, in this hard strugto tot//7S/77 gle the only thing is to R recognise our role, task and Contribution tOwards responsible tourism which could create a more humane World.
The next question that arises is "how can we respond to alternative tourism as individuals and collective groups?". Perhaps the answer is to identify ourselves with and respond positively to the people who are Creators, promotors, victims, policy makers, activists, liberators, commentators and destroyers of maSS tourism.
O Responsibilities
Before lend this analysis, I would like to quote a paragraph from an article, written by Fr. Desmond de Sousa. I hope, through this quotation, we can understand a little bitabout our responsibility as well as struggle towards a just form of tourism.
"Modern mass tourism is not some impersonal system separated from human persons. Tourism is PEOPLE. Just as economics is people organised into interrelationships around money and goods, politics is people interrelating around power and authority, tourism is people interrelating around travel and leisure. Tourism is peoples' travel and leisure organized by people, supposedly for the benefit of people. in the modern tourist industry, people are the Consumers, organizers and beneficiaries.
But what is the quality of the human relationships Created by tourism? Who organizes the system of values and for what purpose? Who are the genuine beneficiaries and victims of the present system of organization of mass tourism?"
(Contours, Vol.4, No.1)

Page 24
SOCIAL JUSTICE 47
NEVILLE SAMARAKOO
Neville Samarakoon who passed away recently is most likely to be remembered for a long time, unlike most of his contemporaries in legal profession. He was the Chief-Justice of Sri Lanka from 1978-85. His ability to break away from the power-circle who appointed him in the last years of his career, not only saved his reputation but won him a place in Sri Lanka legal history,
Samarakoon is a modern hero. Had not percep tion dawned on him at one time that he must not only break away from his "friends', but confront them anc had he not acted on that perception with astonishing energy, history would have by-passed him.
Samarakoon was appointed to the Supreme Cour from the unofficial bar after the UNP came to power ir 1977. He was a friend of the first-circle that began to rule then. Who exactly was in that real circle is anybody's guess. But as far as determining legal anc judicial matters were Concerned there was a ver Powerful person in that circle. That was the late H.W. Jayawardene, Q.OC, who passed away last year. He was so powerful in the matters that the lawyers usec to call president's counsels, president's brother's counsels. He would surely have had much to do with the making of the 1978 Constitution of the country under which Samarakoon was appointed the firs chief justice. To accept that post he gave up a ver lucrative practice at Huiftsdorp, where he was among the few most sought after civil-lawyers.
The acceptance of that appointment will remain Source of an accusation against him, as the firs appointments under that Constitution has been regar ded as a serious attack on the independence C judiciary, in that number of judges of the Suprem court who ceased to hold office by the promulgatio of the new Constitution, were not reappointed. Thi was described by yet another colleague of Samarak oon, Dr. Colvin R. de Silva as "monkeying with th judiciary". The wider issues that the last years in th life of Neville Samarakoon raised was the issue of th Judicial role. Most Sri-Lankan discussions Confine th issue of Judicial Role to judicial independence. Bl the very presence of catastrophe as the one th Country is faced with now, shows the judiciary, fo whatever reason, has not been able to play that rol so far. The higher judiciary is more and mor pressurized by social circumstances to re-Consider it role.
More than 100,000 mothers who have lost the

22
N - Champion of Justice
children in the violence in Sri Lanka. The judiciary played no role in preventing such violence 2 in other terms, they are likely to ask, can't the judiciary play a significant role in preventing extra-judicial killings, if the Answer is unambiguous “NO”, peoples confidence on the judiciary as the defender of democratic rights is likely to be very low. The judicial role depends on the foundation of peoples confidence.
During the tenure of office by Neville Samarakoon, the attempt toresolve this issue took the form of confrontation with the executive. But later the COnfrontation shifted to armed forces, as they began to demand indemnity from liability. Sometime later they achieved this, under the emergency law. The country has achieved an international reputation for its record of extra-judicial killings. Samarakoon must continue to grieve from the grave. O
BASIL FERNANDO
GLOSSARY OF LEGAL TERMS
affidavit: a written statement taken under oath before an official of the. 'ourt which can be used as evidence in a Court of law.
jurisdiction:the area or region over which a judge or court has power.
jurisprudence:a philosophy or system of laws. eg) Feminist jurisprudence: system of laws which incorporates feminist concerns.
litigate: to carry on a lawsuit in Court, Litigation: the process of carrying on a lawsuit.
paralegal;a person with special legal training working in the field of law but who is not a fully dualified lawyer.
petition:a request for a court order or a ruling On a case from the Court.
statutory law: law established through government legislation.

Page 25
SOCIAL JUSTICE 47
Judiciary tied to political party strings
Following on the perfectly correct answer in your column "Know Your Rights" in the December issue of your journal to the Query -"How far are Judges in this Country free from political and other influence and independent", it is a matter to be considered whether Judges appointments to the Superior Courts should not be preceded by prior consultations with Constitutional functionaries of knowledgeable persons. It is unfair to expect a single Head of State to have the Sole responsibility. The system adopted under the American Constitution by that nation where the Judicial Committee of the Senate and thereafter the whole Senate being called upon to ratify nominations by the President has its roots in the history of the American people but in Sri Lanka ratification by such Committees may be tied by Party Strings and will be even more disastrous, Ratifications will have to be preceded by "inquisitions" which may pass muster in a country like the United States of America but not in little Sri Lanka where everybody knows anybody. The ideal would be for the power to be shared by the Executive and Constitutional functionaries of knowledgeable persons in an advisory capacity. The point is who should comprise the Constitutional Advisory Committee. The Chief Justice or the retiring Chief Justice would be an obvious choice, then the Minister for Justice, and Prime Minister, two senior Silks, perhaps the BASL President and the Leader of the Opposition and or the lawyer nominee of the Leader of the Opposition. it is correct that since the assumption of office by the Present President of the Republic these appointments have been by seniority but of course there can be changes and so provision should be made to accommodate changes. And so the suggestion of the Advisory Committee.
All the world over the clamour today is for democratic institutions and free enterprise. Democracy is not just a political slogan but is one which permits one another to live in justice and freedom, There must exist a proper balance between Human Rights, Fundamental Rights and one's duty to fellow man and the only way that this balance can be faintained is by independent Judicial Review manned by those conscious of their obligations to citizen and State.
 

As a former Chief Justice, now of revered memory, once said "independence of the Judiciary does not exist in a vacuum. It is not Some Divine condition but one which has to be won by hard struggle and assertion of the spirit of Independence. Constitutions and laws cannot ensure the independence of the Judiciary, it has to be established and defended by those who are not ready to sell their souls for the glitter of even more exalted office." The eyes of the world are focussed today on Sri Lanka as a nation in resurgent Asia where Democracy is expected to flourish more than in any other part of Asia and it is hoped that in Sri Lanka the rule of law will exist as a rule of life in a civilised society.
J. Mervyn CanagaRetna
o Comment by CSR Attorney-at-Law
The response of a senior professional colleague is greatly appreciated. It supplements the point made that in india steps are being taken to set up a National Judicial Commission to remove 'executive interference in appointments to the higher courts ... ultimately it is only judges who will determine the composition of the Bench'. Mr. CanagaRetna's proposal should be given serious consideration by the powers-that-be so that the seeming sole responsibility that the President exercises can be subjected to mandatory "consultations with constitutional functionaries".
However stand by the statement i made that our judiciary has maintained its independence, while at the same time would re-iterate that what we now need is to maintain and foster the i whole judicial process. This means that from the very inception of any action to redress a wrong or maintain a right among other things, the public should have a guarantee that there will no impediments caused by inequality of resources. This is where the availability of legal aid Comes in, and of Course the removal of present conditions where process-serving etc can be Subject to unfortunate factors such as the amount of money that can be expended by the client to get things done, it is a malady that prevails in most departments of State, and this has to be rectified, Further it is necessary to maintain the security of the legal profession itself which as we all know was Subjected to "occupational risks' in the year of terror 1989, and still is to some extent not altogether safe. O

Page 26
SOCIAL JUSTICE 47 v−
THE HEROE:
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Have you renewed you
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HAVE YOUREAD OUR SISTER
(In Sinh:
Published and Printed by the Centre for Soci
Registered as a Newspaper at
 

4.
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in page 2
JOURNAL SADHARANAYA?
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