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Price RS. (
AFTER TI
O THE NEW MIDI
O D.U.N.F: the Wii
O INDIA-SRI LAN
&
PAKISTAN: New
CONFLICT RESOLUTION: TI
 
 
 
 
 
 
 

Registered at GPO, Sri Lanka QD/43/NEWS/93
&
HE POLLS
DE CLASS
- Hector Abhayawardhana
ld Card - Mervyn de Silva
KA TIES — V. Jayanth
ETHNICFACTOR
— Neelan Tirul Che/Varn
rules of the game?
— Mushahid Hussain
he Self-Determination Issue
- Kumar Rupesinghe

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SVOU
t
 

Knight
rmOVe

Page 3
THENDS
Toning down
Gam Udawa will no longer be the grand show it was. Beginning this year, June 23, it will be toned down. The annual event co-inchding with former President Premadasa's birthday was to be held at Mihir tale this year and among the irl Wife es was to be fr7d7an Vice President K. R. Narayanan. But in keeping with the government's decision now to Todify the scale of This event the Indian WIP and other foreign dignitaries will not be atteΠαίηg.
No special status
Safe Control and reference in state owned banks have been reduced and the privileges they enjoy will be eliminated by legislation, Deputy Secretary to the Treasury K. Shanmugalingan told a meeting of "Aid Group"anbassadors. After that, state banks and private banks Will Operate on the sar Tile Newel ar7, Lirder file Sar Tile game rules.
Briefly. . .
A new minister speaks
A newly inducted cabinet minister, K. N. Ckoksy (State and CoInstitutional Affairs) said in an interview with the Sunday Island's Stanley Samarasinghe that President J. R. Jayewardene was a strong leader who re-established the UNP on a strong base and that President Ranasinghe Premadasa was a power-house of inovative ideas and action who had wanted quick results.
About his new portfolio of Co
Thstitutional Affai lawyer, said th: good to re-asses practical effects and a constitutic
Asked to C[]] spread criticism Presidential sysl Minister Choksy not agree that pe the system had sults. Mr Choks think that the pri Was authoritaria Said that he did ni Wijetunge saying (according to the President "indi: to do away with character of the
PM calls for
Prie Ministe singhe told a Lio Colombo that a and electronic for to keep abri wallues. Sri Lanka: nging very rapi may not be dram wery real, the Pri
"With the liter population we h; king for some in tion in what they they read. So cle TV and the radil to satisfy this de desirable thing.
"People who oflookingfor alte nities and choic Tuch control or ssive", he said.

s Mr. Choksy, a t it was always s any law after its had been known; n is "living law".
Thent on Widethat Executive en was a failure, said that he did ople claimed that not produced reF did not seem to }sent Constitution in character and trecal President that it was when 2 interviewer) the ited his readiness the authoritarian Constitution".
media reform
"Rärill Wickreläns' Convention in
revamped print edia was called aast of changing | Society was chaily; the changes atic but they Were me Minister said.
le and educated ve, they are looellectual stimulaSee and in what arly the press, the i hawe to change mand it is a very
are in this mood пatives, opportus Would find too bias, etc., oppre
800 milion dollars sought
A five-man delegation led by PriThe Minister Rani Wickremasinghe will go to the Paris Aid Group meeting on June 18 to ask for US $ 800 million to help Sri Lanka meet serious economic problems. Sri Lanka received 800 million doIlars last year too.
In preparation for this journey Foreign Ministry officials were briefing Colombo based envoys of the donor Countries. An official source told The Island: "We Want to tell them that economic reforts and liberal policies of the late President Premadasa's administration Will continue."
GUARDA
Wol. 16 No. 4 June 15, 1993
Price Rs. 10.OO
Published fortnightly by Lanka Guardian Publishing Co. Ltd. No. 246, Union Place Colombo -2.
Editor: Mervyn de Silva Telephonia: 447584
Printed by Ananda Press 825, Sir Ratnajothi Saravanamuttu Ma Watha, Color:Tmbo 13. Telephone: 435975
CONTENTS
NeWSBackground
Pogin
Polls Analysis
PM'5 Interview
The Region
Human Rights S. W. R. D. 13 Tho J. R. Years (4) 14 Conflict Resolution 17

Page 4
News Background
UNP More Contir
Mervyn de Silva
OW quickly the death of two
politicians can change things, the whole climate of politics. Needless to add, President PreTladasa and DUNFeader Lalith Ath Lulath mudali were no ordinary politicians. Strong personalities, the mutual hostility of these tough, determined and daring mer, influenced the political agenda of 1993, and the highly charged inter-party conflicts,
The heat is off roW. It is this dra Tlatic atmospheric change which underlines a fact of which we were not fully conscious When they were alive.
The new D.B. Wijetunge administration is also stamped by the presidential personality but what a striking contrast. It is not just low profile. It is alsTostfaceless. In that sense, the style is the man is the government. That is most obvious of COLIrse in the media. In fact, the media, especially the electronic has more or less Worked this lear-miracle.
The Prime Minister, Mr. Rani Wickremasingha, is the spokesman and the most public figure. But Weteran UNP'ers, contrasting the current scene With the Jaya Warde E3 and the Premadasa regimes, speak of a decision-making troika: President, Prime Minister and Party Secretary, Sirisena Cooray.
The other significant change may be loosely described in terms of modern Communist history. The "personality Cult" period has come to an end. And yet those Who concluded that this also represented a sharp"ideological" rupture, a break with the past, need to reconsider that too hurriedly reached Conclusions. The rather quick changes in of personal in sensitiwa posts, Corporations and ministries, Were taken as a deliberate signal of a dramatic rupture with the past four years. But once the new memmoWedinto their neW places, things became to look familiar. Looking back, the only noteworthy sign of change is a greater reliance on the civil service, the established bureaucracy which itself has changed a lotin the pOst 56 (Sinhala as the sole official language) period. With
thg 1970. United FTC
* years) and the Jaya W
of 1978 and the (1977-1988) there politicisation of the bl
Wat is Tore Iota' in style. While the Gaullist Jayawarder two UNP regimes hi. a Certain latitude. became licence). Th may hawe been sho
TofE Br decision-making proç it the logical extensi presidential person; the direct result of a much to be done ani
The Executive Pr very Premadasaist. 1978-88 was Jayaw; the first fortnight looked like a consc på St. Ir ar y Ca,SE, Ceased in a TOrth's was extraordinarily American expressio the ground running.
PREMADAS RES
If thETE Wä5 : d-PT1 a Cia Sa fica erased in the SeC Wjetunge presiden speeches ofрапуse Minister Sirisena C page 3, Գ/6) and F Wickremasingha (DI Very clear,
"I am not making as a customary t dead' arounced third para of his p. power as a positi power was a tool to into reality. He saw force. Without po theorists, dreamers "It was this parti power that was leas critics. His political the WiSiO) that dro

nuity than Change
ont administration (7 Ward TE CO1stituti Jayawardene years has been steady шreacracy.
Worthy is the change atriarchal, So-Called e did dominate the s ministers did enjoy (In SOmE Cases, it e Premadasa period rit but it did result in ilis Ed day-to-day cess. Only in part was on of a strong-willed ality. It was equally ruler in a hurry..... So
so little time.
esidency was wery,
MOTE SK) här the ardenist. This is why personnel changes ious break with the changes at the top
time. The transition STOOlh. TO LUSE är 1, President D.B. it
TOREO
any impression of tiOr), It Was 5001 Ond lost of the Cy, The Condelence Cretary, and Housing ooray (Daily News, PTiTi Milit RE3|| Wpage12) Tade that
these statements ribute paid to tho Mr. Cooray in the eroration. "He saw We force... To hill translate his wision power as apositive Wer, We Will Only be said futile talkers... cular approach to it understood by his opponents missed we him to gain and
accept power and saw only his use of power as Executive Presidency..."
Prime Minister Ranil Wickremasinghe Concentrated Tore On the Premadasa Contribution than on the personality, and measuring the achievement in terms of "goals" - peace (JWP, LT TE “wars"), discipline and prosperity, the "War on powerty. The pervasion of poverty in a Country that was naturally blessed with ab III dat reSources Was a perpetual riddle to him. Finally, the defence of Sri Lankan sovereignty - in the case of the IPKF, the closure of the Israeli interests Section, and the Gladstone affair,
Prime Minister Rani Wickrellasinghe and party Chief Sirisena Cooray were together again at Mirisawetiya, and once more "the spirit of Premadasa" was inspired by the two chief speakers.
WHITHER DUNFF
It is not possible, nor useful, to ConCentrate on the Premadasa pheter Without reference Lo his principal antagonist, Mr. Lalih Athulathmudali, also assassinated, just 8 days earlier. While each merits study in terms of their contribution to the island's political history, the months before these tragic events were a cultination of a process which began with the abortive impeachment move, an initiative closely associated With the for Tier National Security Minister,
1993 belonged to these 2 personalities rather than to the government's main traditional rival, the SLFP of the Bandaranaikes. In any case, the disarray in the SLFP had increasingly acquired a Comic opera character,
Despito the presence of another nationally known personality, former Minister Gamini Dissanayake, the newly for ITEd DUNF Was almOSt arlothêr "one-man show". Lalith was strategist, spokesman, main platformattraction, and Presiji tiå Cädidate.
The double-murder removes both the target and the sharpshooter. The political drama had been gradually tumed into a

Page 5
grand duel - Premadasa and Lalith, While LF a Same issues — te lational question and the separatist insurgency, the economic (the impact of the IMF-World Bank strategy) relations with India, and the donor group, democracy and human rights - continue to influence national politics, the contest for poweris once Tore UNP W.S. the SLFP-led coalition. The D UNF is mOW the Wild card. It is nol Only cooperating with the SLFP but planning to share power in the Western province, and hopefully in the North-West and South. All this may depend on Court decisions. Meanwhile, so the DUNF stalwarts, it is said, are examining another option, an obvious choice - returning to the parent party now that the cause of the split (a personality rather than policy) no longer exists. That could mean a UNP-controlled Western province - explaining perhaps, Mr. Anura Bandaranaikes extraordinary exhibition of macho mauling of sister Chandrika in the Sunday paperS.
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ΡΕΑΟΕ
A1 interrational 5Cholar-IT1Crk frCrÎ1 With the Tamil"Tig: ceaselfire the "peac and discuss the poS conflict. The missior
The "peace"enwo policemen now in "T started a hunger Str a senior spoke Smal Anglican bishop of C was pilloried by the C official backing for
S tir,
A.
Sri Lanka Williasko as aid in 1994. The will be led by prime of 12 Countries and heads of diplomatic market reforts Will
Anticipating Some soaring defence sp quicken the peace 23billion rupees, ne Wijetunge pointed observer group. Th parties after the tra officials Were prais E

E MISSION TO UAFFNA
eace mission led by a Tamil bishop from Malaysia, a Buddhist Thailand and a Filipino Catholic bishop visited Jaffna, for talks r" leader, Mr. W. Prabhakaran. If Mr. Prabhakaran agrees to a e envoys" are ready to talk to the government to end the fighting sibilities of a negotiated settlement of Sri Lanka's harrowing ethnic
includes a British academic Working in Brunei.
ys will also try to persuade the LTTE leader to release the Sinhalese iger" custody. Some of the 39taken captive by the "Tigers" have ike. If som The of them die, the police force will be demoralised said n. A few months ago, a similar mission by the newly appointed tolombo, bishop Kenneth Fernando failed. The bishop, a Sinhalese, Golombopress. The condition of the policemen may ensure stronger he international peace mission, if the LTTE is more responsive
ID GROUP MEETS
the World bank-sponsored aid consortium for 800 million US dollars "aid group" meets in Paris on the 18th. The 5 member delegation | Tinister, Mr. Rani Wickremasinghe. The "Consortium" consists 3 donor agencies. Last week president D.B.Wijetunga addressed missions in Colombo. President Premadasa's liberal policies and not be changed" he assured the donor Community.
a criticist about the War against the separatist Tamil "Tigers" and anding, the President assured the donors that his government "will of negotiating a settlement". Military spending has now reached arly 500 million dollars. Om democracy and human rights, President to the report om the recent Provincial Polis by an international Ie report said that the 70% turnout, the behaviour of all political Jrmatic shock of 2 assassinations, and the Conduct of the election sworthy.
Water Colour
Ge" is. So Eple ITCH trg Village into islard for a pair ters har d. Idscape for a CLilliLaised Eller ling LFïLe Scur-lit galler Ugathering.
ject Matter
bright blr IIlle chr | [[er
பூ, படgர், High Leeld boring the parqLet.floor.
Lirgs frike Tippales fra 77 ELĖ JĮr, -e DLLils glide BLL stol Lille sig gfLUDe
tle fresh soul paddy under the calm flood Ocert Lufth its reflected frees arid claid.
Le siglı das TTL LTL, L LJUTIT LILLFL LLLLLLLL ter
Lufte. I Cor. Les sier. : dry ration the bare thatchless raisier 2 Udale skell rol castle LLL.
pairing does Loulso hold e la Liger dat Lys gCT Le PCList.
U. Ka Lunatilake

Page 6
POLLS ANALYSS:
The ROe Of the RP
Hector Abhayawardhana
he only real city in Sri Lanka,
Colombo has importance both as the administrative Centre and the Socio-conomic area in which the processes of Todernisation ara Tost advanced. There was a time when Colombo residents had a unique character. But the spread of urbanisation has today removed much of that. One of its lost properties is the large concentration of manual labour, belonging to several ethnic groups, that lived in the city in indescribably wretched conditions. Large numbers of them were driven back to Tamilnador Malabar in the course of sustained anti-Indian campaigns. Most of the native Workers found the Tselves systematically pushed out of Colombo by rising rents and increasing land-sales to outlying rural areas or even distant towns, The exodus of the lower Tiddle classes from Colombo began more recently to adjacent suburbs, the population of which has multiplied in line with contemporary Social changes. A vast Tlass of the very poor continues to cling to the slums and ghettoes of the city, sustaining themselves on odd jobs, pavement hawking or the Varied attractions of the underworld. They are too demoralised to distroy the picture of Colombo that the other classes have drawn. Finally, Colombo has an important place for numerous concentrations of ethnic minorities who play a notable role in the promotion of private businesses and in the professions. Though the actual numbers of businessmen, adminiStrators and professionals TTlay not be as large as some of the other classes, the importance of the roleplayed by themsets their mark prominently on the face of the capital city.
The significance of the victory in the Western Province of the combination of the People's Alliance and the DUNF is in the capital of the province is also the capital of the country. No less significant is that, while the PA-DUNF was able to win in a majority of parliamentary constituencies outside Colombo city, it was unable to win in any of the city constituencies. Almost all parliamentary Constituencies in the Western Province, outside Colombo city, have a predominantly Snhalese lower middle class character. Umti|| 1977 Ost of the Ti On the Sea Coast supported the Left or a combination of the SLFP and the Left. Colombo city was Somewhat different. The business, admi
4
nistrative and profe: the Crearn of the mid ded the backbone C of the UNP. With, pe of the sections that W tradg unions, the bu classes formed the after their upper stra Colombo the majori With the PA-DUNF. it Would Seem, the WEr flot TlLIfflèflIS enough to form an PA-DUNF.
The point business and CaSSeS did ni fhe UNP a voted for ite explanation suggests itse classes are identify their the politic. Opposition p. of today. Th parties have denagogy
S66977 SS E CO77 refusal fO SerioLIS ar 7i painfuІ апс investigation gгаve proble!
We hawe refETTEdt nistrative and profes Creat of the riddle ne of the political re this is correct, it may it be COinSidered Str sses refused to TOW people in Voting ag answer to this that si

rofessional Class
sional classes Were le classes and proviF the political regime rhaps, the exception ere unionised by Left K of the lower middle ir political attitudes ta. In the suburbs of y of the people were the city electorates, ower middle classes enough or influential |ajority for the same
is that the professional of break with ind, instead, entually. The Of this fHaf If is fhaffhese LIITable fo infere SfS Wİİ s of the olitical parties e Opposition fheiг оИуг7 that offer7 pensation for епgage iл d, perhaps, " шnsparing of their own
S.
the business, admiional classes as the |assandthebackbUgime of the UNP. If
be asked, how can Lnge that these claa with the rest of the inst the UNPP The brief periodprece
ding the Provincial Council elections and in the course of the elections, the UNP itself was undergoing the severest crisis of its lifetime. Ranasinghe Premadasa was always an outsider in the UNP. He was the real leader of the uprooted population of the slums and the growing numbers of the unemployable and the pauperised. He was a talented leader, uncoimpromising, militant and energetic. He was also a demagogue, born to popularity With the Crowd. Most of the Conventional leadership of the UNP were too conscious of class to be able to overcore their cultural alienation from the mass of people. In the crisis of the UNP that began in 1956 Premadasa was the only mass leader who could walk the streets. J. R. Jayewarderhe was an organisation rman with little or no mass appeal. He could not rouse discontent in the feelings of people to bursting-point. That was Premadasa's forte and this indispensability to the UNP. The UNP needed him, but not as its leader. This was made clear when, under Jayewardene's executive presidency, Premadasa was Prime Minister With the power of a single Ministry of Local Goverriment. He Would not hawe bČèn President had he not joined hands with the JWP and stirred up an insurgency Ostensibly directed at the Indo-Lanka Agreement and the Indian arted interwention. There were no takers when the Presidency fell vacant. The Conventional UNP leaders had no experience in organising counter-banditry to put down massed bandits in arms. Even after nomination by the UNP, it was no cake-walk to the Presidency for Premadasa. Terror was necessary to prewent some people from voting and others to vote the way they were required to. Only Premadasa had access to Such forces outside the law. The UNP could lewer hawa won the Presidential election without an atmosphere of terror during the polls. The JWP, which was out for the head of Jayewarden at that time, Would not hawe provided this atmosphere except for PreПафasa.
With the Presidency taken through the application of force, Premadasa was not going to rule except through force. He had no use for parliament. In any case it had no power. The resources of the state were to be used for fortifying the Presidency and perpetuating the occupancy of its incumbent. That was priority number one.

Page 7
Priority number (2) was to keep the exteisive resource of Buddhist religious institutions and their priestly personnel functioning on round-the-Clock duty asapologists and propagandists of the executiwe-presidential state. Priority number (3) was to build up an effective state monopoly of the mass media, especially the electronic Tedia. Fourth priority was to shift the emphasis of economic policy from the production of goods to the production of WOES.
It was no accident that for the purpose of implementing the new UNP programme President Premadasa needed new agents and new implements. He had to purge the top ranks of the party, beginning with his Cabinet ministers. He had to invade the autonomy of all Government institutions, administrative, commercial, financial, industrial etc. and build his OWI agencies within them to carry out his Commands without hesitation. He had to launch witch-hunts even against private bodies and indiwiduals So that no trace of opposition could remain anywhere. In doing all this he was destroying civil Society and democratic structures whose further development was essential to the programThe currently proclaimed as the UNP's purpose: viz.: the liberalisation of the economy, the promotion of private enterprise and the attraction of foreign investment. Worst of all, Preliadasa's executive presidentship was destroying the old UNP and replacing it. With an army of the demoralised and uprooted dregs of society and the underWorld, manipulated by command from above.
It was a serious matter for the business and professional classes that their political party should be going through such degradation. It seemed so unrelated to their needs, in fact to cut across them. Maintaining the UNP in power was important for them, but mot Terely for the purpose of clobbering the heads of their opponents. The economy was being sustained by the steady inflow of nearly 1 billion dollars of foreign loans and assistance from year to year. The war against the Tamil Tigers drags on without the slightest indication that it can bring military wictory, while escalating costs of the War have long passed beyond What the economy can bear. Meanwhile the gun culture generated by the War Takes impossible the practice ofvitaly needed democratic and pacific values. Ewen Tore serious is the instability of governments, especially in the face of the distrust of the youth in the availability to them of any kind of worthwhi
future.
What kept these classes tied to the UNP Was the latter's Commitment to Taintaiming the lifeline from the international le
inding institutions by prescriptions. There
tions, however, that rations were straining nships and threater economy. There als cern about the haWO itself considerably in S-spending and was of careful Conservati the Premādasa Gow correct itself appвагв of the Provincial C mpaign to be leadin business and profes for the UNP. Per halted by the aSSa AthulathiTudali and
sa. It is possible th:
OWe Test back to
PrerTadasa aSSaSSir
The point is that the ssional classes didn and, instead, Woted explamation of this til that these classes a their interests with th sition political parties sitio parties flave that oftch see Sack sal to engage in SE painful and unsparin own grawe problems belief in the first 1WO War that the governs the role of drawing planstopul|an econ! and depressions int Not only Socialists : even bourgeois ecc ynesians held fast to like Ours, ho Wewer, the thought of stat economy, Was Cons COITIITLuist SubWer: sharply drawn betw and revolutionists. Thess and profESSİ0 being born, such as aligned with the op| wention. On the O influence of practice Stät al CitiOrl W3S CO necessary to begin list society. The key Ital classes could powerful action of th
Attitudes and idea ther. The nineteel achievement of t Which has broken Triers that stod ir i unified World Tark determiming force ir activity. With the st ckground, the intern tions hawe Tlade a |
The author, a veteran Sarnasari,

adherence to IMF Were recent indicademagogic conside| these Critical relationing stability of the a seemed to be coccaused by inflation, duced by lawish mite of funds in meed on. Impatience With er Tant's refusal to !d in the early stages Council election cag to drift among the sional classes away haps this drift Was issinations of Lalith Pr9Sider PrĒTādaAt there WäS EWEf a E UNP aft ET HE nation.
e busine SS är i profotbreak. With the UNP for it eventually. The hat suggests itself is tre unable to identify epolitics of the Oppoof today. The Oppotheir own demagogy ompensation for resurious and, perhapS, g investigation of their i. It was a widely held decades after the last Tent could discharge up and implementing omy out of recessions O which it had fallen. and Communists, but Jorrists like the Kethis View, In COLIntries gwer in SLIch times, e interwention in the sidered heresy, if not Sion. The lines were ween Constitutionalits
And since the businal clasSBS Were Still existed were clearly Donents of state intether side, under the in COITITUIlist5äléS, sidered all that Was Lushering in the Sociarole of the professio3e Substituted by the
State.
is have changed since sighties have seen the he global economy, OWIn the national bats Way and made the et the most powerful Worldwide economic ate pushed to the baational lending instituFetish of freedom from
state influence and Control and seek to Take developing Countries abjura state a5sistance e Wen Where it Carth bee of pOr OdLctive Walue. Without fetishis, FOWewer, the globalisation of economy has provided developing Countries With a prospect of developing their economies by promoting maximum integration of their economies in the World economy. This is because the driving force of economic growth is no longer the duplication of productive Capacity, but the relentless pursuit of technological innowation. The possibility of participation in this pursuit is provided by the key factor of foreign capital investment, the whicle of which must be constituted by the native business and professional claSSES
The role of the new middle classes US becomes crucial for the development of economy in countries like Sri Lanka. But this is nota mere matter of Taking locally available a package of money incentives and legal guarantees. The fact is that Sri Lanka does not today provide the necessary environment for large investment of foreign capital. Such an environment has to be both economic and political and has to be built up systematically by the State. None of the major political parties has shown great awareness of this task. Filfteen years of UNP government hawe been disastrous in this light. Politics has become hopelessly mixed up with religion, making rational approaches to basic problems that much more difficult. The atternpt to solve ethnic problems by denying their existence and using military force where no consensus can be found has led to the break up the state. Total reliance on the IMF and World Bank has become a cover for doing nothing about building urgently needed infrastructure and promoting new relationships. The fact is that political leadership is Lutterly bankrupt.
If the Oppositon parties hawe an inkling of understanding of these problems, they will base their strategy on a new approach to the new middle classes as the key factor in the development equation. The important functions that Tust bc discharged by the state in making the economy both more self-reliant and acceptable for foreign investment must be clearly outlined. Nor should it be concealed that stable government is impossible without bringing the Tamil people of North and East and on the plantations into a national Coalition - a possibility that the UNP deliberately Sabotagedin 1977 Witha fiWe-Sixths Tajority in Parliament and the TULF as the pricipal opposition party. Unfortunately chances that are so Wantonly thrown away seldom find it easy to return.
gs, Is the LSSP's top theoreticiar

Page 8
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Page 9
Ties With India W.
Interviewed by W. Jayanth
Question: How do you perceive the results Of the Provincial COUCIl ellections? Which are your weak spots?
Mr. Wickremasinghe: We are satisfied With the TESGLlults of the Pro Wicia|| COLICII tlections, in all the sewer Provinces where there was polling, the UNP obtained about 47 per cent of the votes cast. Qur Weak5pot Was the Western ProvinCB, where We lost ground in the suburban areas. Both the city and the rural areas hawe woted with the UNP. We hawa Tade ir Toads ir 10 tha Lurāli āres which Were till now the stronghold of the SLFP. This was because of the comprehensive policy Worked out by President Premadasa for the Tural areas.
Why has the UNP tried to grab power in two Provinces where you did not hawe a majority?
The UNP has not tried to grab power in any Province. In four of the Provinces the UNP had an overall majority and had to be called upon to form the administration according to the Constitution. In three Prowinces no party had an overa|| majority. Even the DUNF carpaigned in the Provincial elections claiming to form a Government. There was no alliance with the SLFP. The Governors of these Prownces had to use their discretion to determiEl Wh10 ShOld E 3 CH ||gd to for til Government. In each of these cases both the UNP and the People's Alliance of the SLFP staked a claim for Chief Ministership. There was a revolt in the SLFP as a result of Mrs. Bandaranaike's decision to support Mr. G. M. Premachandra of the DUNF as Chief Minister of the North-WeSteff1 FrOWirYCe. In these CirCurriStarCg5, both Mr. JayawickTema Perera and Mr. A Tarasiri were confident that they could form the administration in the two Prowinces Where thEre Was disSatisfaction in the SLFP. That was What Ta de the SLFP opt for legal action instead of demonstrating its majority in the Council, thereby strengthening the claims of our Chief MiniStrS.
The Governors seem to have acted in accordance with the existing Constitutional precedents. After the general elections of 1947 and March 1960, the leaders of
the single largest Were asked to foi despite claims by basis they seem to
drikā Kulārālā Chief MiliStB Qft
There is an PW tional and State his agenda?
Ewen as an MP, been handling Cor the Government. will be necessary i arrived at in respc There is also the rfårlsler i Wic T Parliamlet ärld P there is dissatisfac three preferences f nalisation is requ system of administ Vincial and local go' Constitutional refc about are not ther on the agenda now
The internation POWicii clict greater access fic th 2 electrOThiC 1n TO We:S t0 tak a openness in telew
Their recoille up by the Parlia Ter| on elections. At pre Take any provisio Tedia for Provincii provided for in the
The Sri Lanka to be suffering frc lity. You call the |ster up the polic Commission to
Tilitary leaders obserVers to mor How do you plant, political credibility
ltis nota questio The Gowerient f: Tadasa Was of thi Should Call in assist international agen Yard. It WaS the fi. political leader in C
W. Jayariffs Colorbo c

Improve
parties in Parliament TTT th3 administration other parties. On this hla We Caled Mrs. ChaLunga also to be the e Western Province.
Minister for ConstituAffairs now. What is
Mr. K. N. Choksy had 1stitutional Tatters for Constitutional reforms f a political solution is ct of the North-East.
need to look at the enbers are elected to rowincial Councils as tion in the system of or candidates. A ratioired in the three-tier ration -- national, proWellet. Ewell ifother irms you are talking e, there is quite a lot
.
all observers for the OS TEICOTITEelded or the Opposition to edia. Are there any fresh look at Some ision and radio?
dations can be taken tary Select Committee Sent, the la W does TlCl for use of electronic al elections. They are national elections.
GOWEarn ment See T1s Tha Want of credibiScotland Yard to boe, a Common Wellath probe the killing of and international hitor your elections. n restore popularaпd of the Governet?
n of political credibility. :lt and President Prea view that the police ance from any foreign cy Such as Scotland "st assassination of a olombo after the JWP
"orresport den f of the Hindu.
- PM
days of 1988-89. We Wanted to know who Was responsible for the assassination of Lalith Athulathmudali. It was felt that an outside agency Would only strengthen investigation. The Commonwealth Commission was appointed on a request by the Widow of Maj. Gen. Denzil KobbelkaduWa, aS She had a doubt about the CauSé of the blast that killed her husband and Other senior officers. Per Tadasa felt that this request should be granted. Of course, the Opposition tried to capitalise on this, bLut it COUld 10t SUCCeed.
In the assassination of Laith Atulathmudali, it is now clear that some of the DUNF leaders had interfered with the Witnesses. Further, the bodyguard of Lalith was allowed to Take a false statement to the police. A magisterial inquiry has concluded that the bullet found in the body on Mughalan Road was fired from the gun of the bodyguard and further more, the bullet removed from Lalith's body was found to match the one in the gun recovered from the body of the suspected assaSsiin. Some of the local dailies hawe mot even published these findings. It is obvious that a part of the media is also being involved in the campaign against the Government.
With many parties dissociating themselves from the Parliamentary Select Committee on the North-East issue, does the Government have any alternative line of action? How do you propose to proceed with the Search for a solution?
The Chairman of the Select Committeg plans to hawe discussion With all parties. Therefore a national consensus can be Worked out. The Tain question that has to be resolved is the unit of devolution. If the Muslims in the East and the Tamils can Come to a COITpromise, it can be accepted by all. They must Work on that,
Why has there been no credible, authentic information on the investigations into the two assassinations? We Were told it will unfold after the elections. But there is more silence now,
| am sure the police Wil|| reveal the information at a time they consider appropriate. There was some dissatisfaction in

Page 10
the last media briefing that a fuller stateTent was not made, The police hawe to decide when they can divulge the details.
There seems to be an attempt by this Government to "clean up" the image and change some of President Premadasa's practices. Do you see any significant change in its functioning?
There is a change in style. This is inevitable in a Presidential system when there is a change of President. But there is no going back on the basic policies. We Will make changes only where necessary. Decentralisation and democratisation Will
go оп.
If it is established that it is the LTTE which is behind Premadasa's assassination, will you review your position and pursue a Tilitary option?
We are at present pursuing a military strategy of disarming the LTTE cadres and bringing larger areas under Government's control. This will hawe to continug till there is peace. Once the police reports are received We Will be able to establish who was responsible for his killing.
isit true that your Government nearly agreed to extradite the two LTTE leaders charged with conspiring the assassination of Rajiv Gandhi?
Extradition in possible only under the law. We hawe so far mot ewen received a request from the Government of India.
Do you envisage any further interaction with India on the LTTE front? Are you seeking any expertise on investigations as the first case of a human bomb was in Tamil Nadu in Rajiv Ga
ldhi's assassination?
We have not sought any expertise from India with regard to the investigations,
How do you see relations with India if Luture?
|ansure relations with India Will improWe. Both nations face COTTO problems and in the next decade both of us are to achieve higher standards of living. South Asia has a lot of potential which can be tapped if we work together. In the last few years relations between India and Sri Lanka hawe improwed and they Wil|| continue to do SO. Economic relations strengthen political relations. Therefore the liberalisation programme pursued by the Prime Minister, Mr. P. W. Narasimha Rao, will only strengthen political relations.
The Ad
Ajith Samaran:
D: Abeysing in his aut Irish E
perhaps his symbo eTableratic of the W discontents. He Wa officer who reached
profession but was c Lltirate due. That paradigm of the nati long ago in Sri Lan Our Collective traged
Donald Abeysing his origins and used of the Kandyan prow He came from a fall soil but was able t. education which pori university career at F to the adtlinistrative intellectual and Cult From St. Sylveter's Donald proceeded he studied English & in the heady intelle fifties and early Peradeniya that he literature and the Culmination in the which he edited.
Donald Abeysing best currents of the which the last few di Quito at hoT18 With though the WaS equ English and Sinhale of Simhala music, modern, whose rar frJT ArT1äarad8"WE Diwulgane and pro
Hindi music as exceptional sing: Songs,
As an administra the heights of the Si Service. Starting COTITISSIOE f . Emmigration whe Thalalimanlar, hE3 ' COIT Tissioner of Land COTTİSSİON Services and Secr Social Services,
In the aller Ca MinisterS, ASOka Sirisena. But per

ministrator as Artiste
ayake
he has died not Little SLTTEf b LIt lic de Tise is T10St winter of Our Current s an administrative the very height of his ruelly deprived of his this itself Was a onal Condition not SO Ka is the Teasure of
W.
na was quite proud of to talk with nostalgia inces he was bort O. mily with roots in the receive an English opelled him after his eradeniya not merely a service but also the Ural life of ColorT1b). s College in Kandy, to Peradeniya Where and immersed himself actual life of the late sixties. It Was at timbibed his lowe of arts which found its magazine, 'Sanka'
ghe represented the 3 bilingual intellectual ecadeshas produced. the latest trends of ally at home with both . He was a great lower
both classical and ge captured anything to Karunarate eeded to encompasS
Well. He Was a 3r of Amaradewa's
iwe officer he reä Chad i Lanka Adr TinistraliWÉ Off al an ASSistant of Imigration and are he served at was also an Assistant
Local Gower frient, er, Director of Social etary to the Ministry of
pacity he served two KarumaratПе апсi J.L. haps he will be best
remembered for his role as Director of Persions where he excelled hitself systematising the whole Department in the Wake of the dislocation caused by the General Strike of the mid-seventies. The cause of the pensioner was always close LOhiSheart thereafter.
Donald also enjoyed a close and Cordial relationship with journalism. In the sixties and seventies he used to review plays and films regualary for the now extinct 'Daily Mirror' and the "Observer. Often he used to recall with undisguised nostalgia how he would go for a play and come back the same night and Write his review on deadline. In later life, however, Donald did not Write at all. The heart Was Willing but the flesh Was too Weak. Mypersonal wieW is that he missed the pressure of the deadline.
Donald Was the Wictim of arrior Strous di|Lution of Wällues Which had o Wertaker the political executive in recent years. A bohemian in his ways he led a rather unconventional life for a staid SLAs
Tandari.
Yet in the last years of his career he was a. Todal administrator Who Won the earts of is Ministers. But still in 1990 Donald suffered such a setback in his Carter that he chose to retire rather than serve under such Conditions.
As a result he lost his official car and official residence and had to make do with a pension only. But yet he chose not to surrender.
The last few years of his life Donald spent as the Director of the Centre for Regional Development where he actively interested himself in the issues of the devolution of powers. But that was no recompense for the injustice done to him. It is an ironical paradox and perhaps a gesture of fate that Donald's life should hawe come to a close at the Comparatively young age of 59 even as the rule of that regimen which caused him such heartache should hawe expired. The tragedy, of course, is that this also should have involved the demise of that Small, sprightly and enormously selfconfident man who took upon himself the task of manning that peculiar intersection where the administration touches both journalism and the arts. (Island)

Page 11
THE REGION
Pakistan:
Towards a NeW P
Mushahid Hussain
month after the third dissolution Ac tieġ Maticorial Assembly irħi 5 W 23rS by a President using his discretionary powers, there is also some silverlining on an otherwise murky horizon. This silwer lining is indicative of the qualitative changes that hawe taken place in Pakistani politics, and by extension, on the popular political consciousness, which makes Pakistan a politically different country than, say, the 1950s. Then Ghulam Ishaq Khan's political Tole model, Gulan MuhäTIIITad did With ir Tipurnity what Ghulam Ishaq Khan has sought to replicate in what is increasingly seen as an abortive historical action replay 40 years later,
This silver lining which is a combination of several factors including resistance to the diktat of a hopelessly-divided and increasingly shaky Establish Ternt plus new-found tolerance and self-respect among politicians among the political forces, could cumulatively result in the evolution of new "rules of the game" in Pakistani politicS.
Three aspects of the evolving situation in Pakistan since the dissolution of the National Assembly and dismissal of the Prime Minister and his government are noteworthy. These include the fact that it has been largely a "season of Surprises" in Pakistani politics, the differences in the situation in 1993 from the last dissolution in 1990 as well as the emergence of new factors in Pakistani politics,
The series of surprises in the last one month are pertinent since they had upset the carefully-prepared Script of the veteran intriguers and conspirators of the Pakistani Establishment Who based their gameplan om assumptions whose Walidity has been knocked by ground realities, Some of these surprises include:
A 77 Orff) Assembly discreffon
On an of
dCafVe place in F popular Pakista
1950s. TՒ several fa hopeless ESfab||Sl self-respe forces, Cc леИy "rшӀе
"The April 17 sp as Prime Minister C did some plain ti normally heard by from their governn too on the official speech touched an the Pakistani peo has been arply f depth of popularre of Presidert (GFLuli: came a day later;
"The political alli Bhutto and Ghular a surprise, more SC as well as its ranka. political U-turns respected figures PPP Wig-ClairTTE Rashid and forme HUSSain Gilami ha

'olitical Culture
after the third dissolution of the National in 5 years by a President using his ary powers, there is also some silver lining erwise murky horizon. This silver lining is of the qualitative changes that have taken Pakistani politics, and by extension, on the political consciousness, which makes a politically different country than, say, the is silver lining which is a combination of ctors including resistance to the diktat of a y-divided and increasiлgІy shaky ment plus пеw-found tolerance and act among politicians among the political puld cumulatively result in the evolution of
is of the garne'
leech of Nawaz Sharif
if Pakistani Wich alking of a kind mot the people of Pakistan ent leaders and that lectronic media. That emotive chordar Thong ble and its rESCOs lashCE elt in the degree and Sentment at the actio am Ishaq Khan Which
ance between Benazir 'n Ishaq Khan was also to the PPP leadership nd file. Their respective
apart, senior and
like Yahya Bakhtiar, , Sheikh Muhammad Law Minister, Iftikhar we all expressed their
reserwaltiols in Colle for IT or the other t) this alignment with G|K. Another surprise has been the role of Yahya Bakhtiar pleading the case of Nawaz Sharif in the Supreme Court while Iftikhar Hussain Gilani has won the admiration of many as a principled democrat who has shown consistency and commitment in national politics which cannot be said for many of his colleagues in the PPP whose lust for office took precedence over principles;
"There is an interesting role reversal among the political forces as well with the PPP's populist Tantle being taken over by those whom the PPP had disparagingly dismissed as "products of the Establishment", while the PPP itself sits uncos Infortably in the same Cabinet With those like the sor of Jam Sadiq Ali and other proteges of G|K.
The second interesting aspect of the
9

Page 12
present political situation in Pakistan is the situation as it exists today as opposed to the one that existed in 1990. Unlike 1990, When the Army and the President were together in What were generally perceived to be a "joint operation" against Benazir, this time around, in 1993, the Army has been neutraland non-partisan, mottaking sides politically. The Chief of Army Staff, General Abdul Waheed's maiden comment on the night of the dissolution on April 18 was instructive when he said "it is up to the courts to decide whether the dissolution is constitutional Or unconstitutional." As a national institution committed to the constitutional path, it is clear that the Pakistan Army cannot be expected to serve as a political prop for a President whose term of office expires in six months and whose own credibility is at such an all-time low that none of his own political allies are willing to publicly support him in any of his actions or topush him in his eager desire for a second term of office. The President has fallen from the pedestal, swiftly and Surely and that too in a manner which makes his political resurrection untenable. In this context, the Army's role of being neutral and non-partisan which has been repeatedly reaffirmed by the Chief of Army Staff is commendable and praiseworthy and represents both its best institutional interests as Well as the national broader interests.
Given this context, Pakistan is witnessing aspects which are new and different in its politics. It is these aspects which provide the basis of the silver lining in Pakistani politics. Three such aspects are important. First, there is the emergence of two major national political leaders in Pakistan today in the form of Benazir Bhutto and Nawaz Sharif, who, incidentally, represent the same "born free" new generation in Pakistan which is a product of the post-indepence period. Interestingly, this new generation leadership whose respective vote-banks cut across provincial boundaries, is facing an oligarchy which represents an old generation whose mindset is shaped by the wheeling-dealing of the 1950s.
10
Benazir Bhutto he public occasions h reality of herself and two major national Consequence. It is ! that both hawe refra each other publicly has made her first p President when she Conference in Karac Will not be allowed Sharif or myself fron She specifically sta party" was not a refe
In this contextofag of national leadership Assembly Speaker, G that of a trail-blazer fo shown political coura to defy a President W national realities. As also shown that he h; to tell the Indians Kashir which he d visit to New Delhi beca Te the first Pak Indians on their hom reality about Kashm Indian journalists that India. It is a plebiscite Not an election. In an get free Votes bul on Ayub's remarks in in in Kashinir are also : new kind of Pakistani not suffering from an vis-a-vis India which case in the past. It is that has also confidence and the C. Establishment which to be all-powerful anc
The second majo national politics is economic developm issue, courtesy Nawa in office where his p be touching the lives in a Tanner that eco andeconomic policie past. This is again ap because if the econor which Nawaz Sharif

Self on two recent is noted this new awaz Sharifas the political leaders of erhaps no accident ned from criticising hil Benaziri Bhutto |blic criticisim of the old a May 10 news i that "a third party to depriwe Nawaz Coming to power." ed that this "third 'ence to the ArtTy.
enerational turm Ower , the role of National ohar Ayub has been democracy. He has ge and commitment no is out of tune with d Gohar Ayub has is the political Vision the plain truth on ld during his recent
when he publicly kistani leader to tell e ground the harsh ilir. He Warned the "Kashmir will bleed that Kashmir needs. election yÇLI Will mot y quislings." Gohar dia on the situation a Tanifestation of a leadership which is inferiority complex may have been the such a leadership constrated the burage to take On arı was once perceived
virtually invincible.
qualitative turn in the emergence of ënt as a political Sharif'S 29 Tomth:5 licies were seen to of the common man nomic development had not done in the sitive development ly is apolitical issue, has ensured it has
become, then those who are the beneficiaries of such economic policies, including the common man, will then hawe a stake in the democratic process. With democracy and economic development going hand-in-hand, a new kind of Constituency has been created and it is certainly not confined to politicised business and trading community of this Country alone, but the middle classes, unemployed youth, Women and landless peasants as well.
Finally, in terms of the silverlining in the present situation, there is the failure of the "ethnic card" which the Presidential camp sought to play. They presented the President as a "symbol of federation" representing the smaller provinces against the Punjab. In reality, for the first time, the Punjab has presented a political and populist face to the other provinces which has enabled them to give political support to the ousted Prime Minister. This is evident from the role of such parties as the Awami National Party (ANP), which has a power base in the Frontier and Balochistan, the Pukhtoonkhawa Milli Awami Party (PMAP), led by Mahmood Khan Achakzai and the Pakista National Party (PNP), led by Mir Bizen Bizenjo, both with a power base in Balochistan, plus support which is emerging from Sindhipoliticians.
This is indicative of a healthy and positiwe patterm of Pakistami politics where, instead of polarisation between the Punjab and the smaller provinces, which is what the President and his camp tried to create, there is greater convergence among the In. Such a development is a major political plus for Pakistani national unity and it is an important factor upsetting the calculations of those who not only had misread the popular mood but who felt they could take the people for a ride. Once again, the people of Pakistan have proven themselves to be starter than rulers.
Ал Iпlеглationally repшted ЈошгпаІist, Mushahid Hussain has been appointed Press Adviser with Cabrief rank, o Prire Minister Nawaz Shari. His artíciles have appeared que frequently in this Journal.

Page 13
HUMAN RIGHTS
The Ethnic and Cul
Neelan Tiruchelvam
he purpose of this presentation -to outline some human rights co אך ncerns relating to ethnic conflict and its implications for a policy of human rights and development Cooperation.
Ethnic Conflict has contributed to Some of the most serious and persistent violations of human rights in many parts of South Asia. Most of the serious Violations relate to disappearances, torture and extra-judicial killings and arbitrary and indiscriminate arrests hawe been linked to on-going ethnic conflicts.
In the recent history of the Indian subcomtinet, ethnic Violence has becorre än increasingly common phenomenon, From the Pathan-Bihari clashes in Pakistan to the anti-Sikh riots in New Delhi, anti-reservation stir in Gujerat and the Sinhala-Tamil Conflict in Sri Lanka, racial violence has left a trail of destruction of property and human life. The emotional and psychological Scars that remain after such outbreaks are in fact more destructive than the physical damage. The sense of community within a plural society is often shattered by the cruelty, terror and suffering unleashed by the forces of mob violeՈԸE.
The competition for scarce resources and economic opportunities has fuelled antagonisms arising out of the sharp cleaWages of race, caste, tribe, religion and language. Fragile political institutions have failed to accommodate adequately the demands for power and resource-sharing by marginalsed ethnic and religious groups. Policies to advance national cohesion have been pursued at the expense of the linguistic and cultural traditions of
Dr. TTLCheswarT1 is Director of a International Centre for Eric SLdies, Colombo, presented this paper to the Human Rights Sub-Committee of the European Parlament.
minority groups. Et manifesting itself ments resulting in by the State posing and human rights blems hawe been fL Tillions of internal and the flight of r Conflict.
Bull Tore ľECE growing awareness complexities of eth need for concerted: gles, programmes ; management of eth multi-ethnic polities deral forts of devo nal and political or of these Constitutio been continuing Co. and federal efforts, decentralised forms polity is based on states, while in Mala tion of States head new territories Whic Concessions. The fi provides an interes Overlap of certain're pings in the demar diwerse ethnic, tribi pings hawe varying | lism, and these per to shape the conflic operation of federa Societies. There is a each of these soci structural rearrang the federal charac These efforts have the need to redefine in educational and powers, resource r stribution, emerger Wers. Such efforts basic issues relatir Sharing betweden el

ural DimensionS
nic discontent began Secessionist mOWeepressive responses serious social justice oncerns. These prorther compounded by displaced persons, fugees from internal
ly there has been a of the uniwersalityand nic problems and the action to devise strateand structures for the nic conflicts, Several hawe incorporated felution into constitutioders, In the evolution nal models therC has nflict between unitary and centralised and i. in India, the federal idivision into linguistic ysia there is a Federa2d by local rulers and h were given special primer Nigerian model ing contrast, with the gional and tribal groucation of states. The Il and regional grouJerceptions of federa:eptions have tended s and tensions in the is in each of these growing debate within ties on the reed for ments to strengthen er of these polities. een directed towards Centre-state relations cultural policy, police obilisation and redicy and residual poand problems evoke to equitable power нnic groups, and the
failure to address these issues boldly has accentuated Secessionist demands by disaffected ethnic and other sub-national groups. Federaland quasi-federal models of devolution also have a relevance to strife-ridden societies such as the Philippimes, Pakistan and Sri Lanka, which hawe recently enacted new constitutions or are on the threshold of redesigning their preSent Cornstitutional fra The Work.
The question of self-determination which have been often asserted by ethnic minorities in the course of armed struggle or non-violent political agitation hawe been most problematic, Nations state become extremely defensive in the context of such assertions and often have recourse to extreme measures of repression to contain ethnic demands which they perceive would result in secession or disintegrati),
Another focal point of ethnic conflict has been preference policies directed towards disparities in access to education and employment and in economic opportunities. These policies are often founded on competing perceptions of deprivation which in turn give rise to rival notions of social justice. India, one of the most coTmplex and hierarchically Structured societies, has a constitutionally mandated policy of preference towards Weak and vulnerable minorities and tribal groups. Policy makers and judges have had to grapple With issues of bewildering complexity in definding the constitutional limits of such policies, balancing the interest of historiCally depressed caste and tribal groups With those of economically backward classes. Preference policies directed in favour of apolitically assertive and dominant majority such as the New Economic Policy in Malaysia pose qualitatively different Socio-political issues relating to the legitimate limits of preference policies based on proportionality,

Page 14
The international community must accord highest priority to evolving principles, and concepts with regard to minority protection which will gain Universal acceplanceапd contгibшtetowагdstothe peаceful resolution of Conflicts. It must be emphasised that given the evolving and changing nature of ethnic identity and the Content of ethnic demands and to the shifting balance of power between ethnic groups, most structural arrangement WOLuld remain fluid and transistent. There is therefore the need to continuously renew and reconstruct these arrangements to respond to new challenges and demands.
Ethnic conflicts pose fundamental issues relating to human rights and Social justice which need to be addressed within the framework of the Community's policy on human rights and development Co-O- peration,
First, the United Nations recently adopled a Declaration on Minorities which emphasises the need to respect and promote ethnic, cultural andlinguisticidentity Without any distinction. It also emphasises the right of person belonging to ethnic, linguistic minorities to protect themselves against any activities which may threaten their existence or the full enjoinment of human rights and fundamental freedoms. In pursuance of this Declaration, the state should be encouraged to ensure that minorities participate effectively in political arrangements at the national and regional level. The COTmission should therefore ensure that national policies and programmes in aid recipient countries are planned and implemented so as to ensure that minorities participate fully in the political, economic progress and development of their countries. Programmes of developlent cooperation should be reviewed so as to ensure they do not adversely affect the interest of ethnic groups and indigenous people by forcibly displacing them from their traditional habitat or result in disturbing the demographic balance in the regions in which they predominate. Programmes of developmental assistance should also endeavor to heal the scars of civil Wars, and internal conflicts by assisting in programs of rehabilitation and reconstruction and by encouraging projects which provide emotional and psychological support to those who have
12
been traumatised by velopmental assista need to address issue flCE afld En Sure til: ethnic minority pred equitable share of ext assistance.
Second, human rig velopmental assistar assist in addressi causes of ethnic conf de programs of rese mic, social and ideolo Conflict and educatio are intended to promic nce and PTTutual res Societies. Such pro educational program versities, to media p Wards a much more
Programs can als: Of informatio ad te promote Constitution new institutions SLC Tirmissions, Minoritie the design of autonic arrangements which political aspirations needs of the ethnic grams could also in ning of the formal ir such as the judicia effectively problems and to empowering tions which are corr of group rights, th human rights abusi diSSEITination Qfins of inter-racial justice
Third, an importa flict resolution an The intertational cc active in the resolut Which hawe desta states and even po stability. Such it should primarily be ngthening of dome for conflict resoluti. non-state level, WI cesses appeared t Tselves, internati to be in a positic contacts between to encDUrage SLIC nstructively towar

hnic wiolence. De:e program also of regional imbalaregions in which minate sō-Cure an naldevelopmental
ts policies and dee should be able to the underlying it. This would incluoch into thB Ĝconoical origins of ethnic |al programs which eattitudes of tolerarect in multi-ethinic is could include in Schools and uniograms directed towider constituency.
include the sharing thnical assistance to alreform, building of as Language Cos Commissions and my or devolutionary are responsive to the and socio-economic ; groups. Such proclude the strengthe1stitution of the State ry to address more relating to ethnicity, civil Societies institulitted to the advocacy documentation of is and to education, rimation on questions and equality.
it area relates to CO| Conflict avoidance. mmunity needs to be }r of internal Conflicts lized several ration ea threat to regional Lernational COCer lirected towards streic political processes both at the state and re the domestic prohawe exhausted the|al Community needs to facilitate political Intending groups and groups to Work Coa durable solution.
Fourth, Community and Member States should adopt a policy om diversity which is analogous to that adopted by Some private philanthropic Foundations. The objective of such a policy on diversity should be to promote pluralism and equal opportunity and to end discrimination based on ethnicity or gender. Such a policy includes the encouragement of projects designed to strengthen plural societies and to increase opportunities available to minorities and historically disadvantaged groups. Partners in development cooperation should be encouraged to promote diversity in the management and staff of organisations receiving and implementing aid. Partners should be required to clarify their goals with regard to diversity, the scope of their efforts to achieve diversity, and the barriers that exist to achieving diversity. Diversity concerns should include ethnicity, gender and national origins. While there is need for sustained efforts, strategies may need to be modified to the needs and challenges of particular Societies.
Fifth, if the Community and Member States are to be effective in maintaining this policy, there is a need for both credibility and consistency. Credibility is related to the ability of the North to ensure that the 'South' within its national borders that groups such as refugees, migrant Workers and its own Under-class, are not subject to discriminatory an arbitrary treatment. There can be no such Credibility if there is conspicuous disparity between domestic practices and international policies on human rights questions. The issue of consistency arises when there is selectivity with regard to the countries who are subject to punitive measures. Is the decision to suspend or ter Tinate development assistance based Solely on human rights considerations or is it more probable that factors such as geo-political importance, the Ciconomic model pursued by the recipient country and the domestic politics of the donor Country are likely to influence such decisions?

Page 15
S. W. R. D. Bandaran
A. Jeyaratnam Wilson
he answer is no. Bandaranaike
Was not the progenitor of Sinhala coTimunalism. Robert Bernays in his The Naked Fakir had Talde a referer Ce to hir TI aS a futura prile minister. RuTCur had it that Anthony Eden who was in Oxford at the same tirThe had observed that he was of the same calibre, it is doubtful that Bandaranaike needed such promptings,
However it could be safely said that Bardararaike Was the Oro Singlese statestian who tried hard to come to grips with the Communal problem with a view t0 firmdiriga rasolution. Sinhala COmmunalism really emanated from the Senanayake brothers of WhoT D. S. Was the exmplar. F. R. quarrelled with Arunach alarm and referred to him as highly egotistical or Words to that effect. Probably these WEre the firTIES WEf the Sirhale.Sg Baders Were trying to push out the Tamil "interlopers", Arunachalam and Ratanathan. D. S. took over from Ramanathan as the spokesman for the Unofficial Members, the latter being allegedly looked upon as more the representative of the Tamil interest.
D.S.'s twin policies of disfranchising the Indian plantation Workers and launching state aided Colonisation scher ICS Waighted in favour of the Sinhalese in the traditional Tamil areas initiated the process of the disintegration of the island state. Besides D. S. was a class politician who safeguarded the propertied interests.
Bandaranaike was undoubtedly seeking power and in this pursuit, like all the Sinhala political leaders, he was amoral. It was no fault of his that he caught (to USean old adage) the UNP leader bathing and Walked away with his clothes. But to continue with the analogy, he adjusted these clothes, to suit his political frameWork.
Bandaranaike subscribed to the neo-Classical School of liberal political thinking. Neo-classical liberalism implied a belief that the duty of the state is to be palternalistic, not a mere might WatchrTnarı, and to ensure minimum living standards for the common man. This was essentially a pre-1914 Todification of the "New Liberalism" that was overtaking the Britain of
those years undert George on the oneh BardľTäl ad A5 other.
Being as I intelle Struggled for cert lf-doubts lay in that mot define clearly F the refore dwellton y Bandaranalike lackE beCause he was ti Thär äld fould no other side's point C he was refreshingly
Of no other prime FR. D. Bandararla iki he had to clisTib, Di: the most insurrol mCes. Hermade the ! Correct One, When, he "conquered him: to the Opposition II had been a pawno
Barda fäaika WE taim his Sirää M a component of the it. Wher F1 Tade used his SMS to Resolutionsas prec remaining in the UN de. Bandaranalike ni
Jaries Manor's The Expedient 1989) that his relati Sir SolorTon, colour Andrew Caldecolta ke is Somewhat ima EWO WOLuld hy a cutting him off in th| Career. This is har Other härd Nehru l ke as a younger brc. haike died, Nehru or of state in New Del of the day as a m: dead leader.
Bandaranaike's ndependence Cey been properly ass the progressiwe Sil de TOCratic middleTOWards this ed

aike: The Best Man
he leadership of Lloyd and and the Campbell quith ministries or the
actual, Bandaramaike ainty. Partly his sethe man himself could is political goals. He 'ague generalisations. 2d political convictions Do Tuch the rational difficulty in seeing the if WiaW. Tc) this extent 'free of dogma.
a minister, as of S. W. 2, Could it be said that Sraeli's greasy pole in Intable of circumstagreat decision and the as he himself claimed Self". He Crossed over 1 1951. Util. Em E D. S.'s chessboard.
ls Wise enoughto maiaha Sabha (SMS) as UN Pärld Tot dissolwe the historic break, he pass the Madampe onditions for his group P.D.S. did not concemade this the issu).
iew in Bandaranaika: Jtoplan (Cambridge, onship with his father, ed his approach to Sir nd to D. S. Senanayappropriate. The latter d no compunctions in 2 prime of his political ily father-like. On the hoked On Bandaramailither. When Bandariadered all departments hi to close for the rest ark of respect for the
Contribution to postilon has to date not assed. He presented hala electors With a if-the road alternative. he sulfiled his role 35
Leader of the Opposition, 1952-56, effectively. Educated in the British tradition, he Could not hawe sparkled better than as a parliamentarian and one of the legislature's best debaters,
Quintessentially a liberal, he would not have been the Alexander Kerensky as Ceylon's Warious Marxists hoped. He was TE WET One of the T1. And he was SCCornful of their doctrines. He Was not averse however to use these Marxists to forge political alliances. As evidence of the sormer, he or cere arked in the 1931 State Council that Dr. S. A. Wickremasinghe was a "Kiriliutti Socialist". For N. M. Perera he was less charitable referring to him as "the obscure son of a Tore obscure father", in repartee. The LSSP in turn scourged him with whips of Scorpions when he arrived at pOWer.
The Marxists gawe hit interminable trouble through massive strikes during 1956-9. They presumably expected that they could ride to power on a Wave of unrestandanarchy. In the context of those times, as Prime Minister, he determinedly Withstood huge crises brought on the state by Marxist trade unions. Bandararaike Was Tore the democrat. He hadno propensity to coerce or use wiolence. Rather he sought to assuage and compromise.
Being a middle of the roader with the expected uncertain feeling on political Tlatters, Bandaranalike tended to be more the eclectic. He did not therefore hawe a Consistent political philosophy. But he had a social conscience. He did not approve of the privileged oppressing the poor. To this extent he had feelings for the Colmon Mar. III office, he translated this Worldwi'W into a coherent and benevolent legislative program. Borrowing presumably J. B. Priestley's (the playwright) phrase when the latter delivered afuneral oration for H. G. Wells, Bandaranalike claired that he had ushered in "the age of transition". (Priestley referred to H. G. Wells as "the prophet of the age of transition".)
Bandaranalike's Conversion to Bluddhiss II, basically on intellectual Conwictions than, as alleged, by his opponents for political advantage, led him to Taintain a Christian Worldviewthroughouthispoliti
13

Page 16
cal career. Neither ruthless nor politically dewioLIS, he was açCOTTO datiWE COf Opop)O- sitional forces. He is reported to hawe Once told his Wife that le Was a better Buddhist than she. The teller of this story in whose presence the remark was made (Denzil Piaris) told me that Bandaranaike spoke in the context of his earlier Christian upbri
ոging.
That he planned on allying with the Marxists, he told me and another university friend (Shelton Kodikara) in early 1959, when we Tliet hiiriTi irn Horagolla and SLICxCessfully sought his patronage for the Ceylon Institute of World Affairs which we were founding. To my question whether he hoped to win the next general election he said, he did not expect to obtain a majority but that he planned on remaining Pric Minister as "head of a different kind of 'set up'". I think he had in mind a coalition with Ceylon's assortment of Marxists. With their support, he would accoTplished many other tasks that needed to be dome. This Could hawe been possible given his centrism and the fact that Sri Lanka's Marxists Were really liberal left Wing socialists,
Bandaranaike was, as a practical stateSmar, a hard headed pragstatist. Having arrived at power, he planned on a democratic system which would deny the Vestd interests electri ādvartāgs ir the future. He therefore proceeded with a package of reforts which adversely affected the rich and the privileged. The latter had the electoral system perversely designed to maximize their opportunities, Banda Tamaike ended it.
A revolutionary democratisation of Ceylon's electoral regimen followed. The reforms ensured that "the Common man" would have no difficulty in casting his ballot. There would be a one-day general election, instead of the prevailing method of staggering the elections and providing for the safe UNP constituencies topoll first so that party could gallop to wictory on the LL LLLLLLLLS LLLLLCL aLLaL LLLLLL enough for people to Walk to, a ban on the use of hired private transport which gave an advantage to the Wealthy classes and their candidates and the obliteration of the display of propaganda banners which again, only the rich could afford, provided for free and fair elections. What was more, the 18 year-olds Were enfra
Chised.
NEXT:SWW'R DIG THITT 55ue
14
THE J. R. YE
The Na
Arden
hв comic oрі the TE.
Mr. S. Nadesan,
long-time Senatoran ly associated with Sir Mo Werelt, WrČle a SUN (the only Engli had mot been broug control, presumabl anti-S.L.F.P. in its pe cism of the episode of the four-part arti February sorne Weel a teel SWC by-constitutional-art to-haye-bee-elect
dent.
The speaker refe Parliamentary Cortir Privilege to examin ches of privilege. advice the speaker the attorney-genera ral opined that "ther rial to Warrant the t. under the act agai respect of the offen defamatory stateme proceedings and the
SEO”.
It may be that the expected that on C opinion the hOUSew its judicial and puniti Mr. Nadesan. HOWE
Which Wä5 TE WET IT
house that had bige. new powers against wed that "the Ettort an application in the The COUIt Under SeC ment (Powers and F of 1953".

ARS — (4)
desan Case
Bra didi not ed
a senior atіоппеу, а done who was closeiLanka's Civil Rights ind published in the sh national daily that ht under government y because it Was ylicy) a reas Orned Criti. The first installel cle appeared on 27 Ks after Jayewardene סךas th חו חrו
Cld Tet-deerTed
di Executive Pres
rred the article to the
Tittee on Breache S Of it for possible breaOn the COTT|Titte's sought the opinion of 1. The attorney-genee was sufficient lateaking of further steps inst Mr. MadeSan in ce of publication of a 2nt reflecting on the 3 CharacteT of the HOU
Attorney-General had e he had given his Would proceed to USB we powers to deal With :Wer, for Some reason ade evident, the Very ish so Eages to LISE its the two editors, resoley-general do make at behalf to the Supre:tiOn 23 of the ParliaPrivileges) Act No. 21
HOWewer, for SomereaSOr) which was never fade evident, the very house that had been so eager fo иse It's леи роwers against the fwo editors, reso/Wed ffaf “HS atforney-general do n7ake an application in fiha f behalf to the supreme COLIrt. . .
In this predicament the attorney-general was hard put to it to make out a Case. He picked out 16 paragraphs of the article Which he clair led "In the Selves and is
COIT bination With other state Tents.... Were defamatory, reflecting on the proceedings of the house... and that he (Mr. Nadesan) has thereby Committed an offenice under Section 22(2) of the Act". The attorney-general prayed that the supreme Court be pleased to
3. CILJ SE OLİCE O ble Serwedd Of Life respondent to show cause Why he should not be punished for the said offence: and
b. deal with the respondent according to
the law.
The paragraphs the attorney-general considered defamatory of parliament were the following which he culled from Mr. Nadesan's article:
a. "This practice Was mot followed in this instance. The Hon. Speaker Said thal

Page 17
he had seen the picture referred by the Minister and was satisfied that there was a prima facie case of a breach in privilege and he requested the Leader of the House to move a motion in regard to the matter under the powers the House had derived the day before".
b. "The Leader of the House did not TOWe that the matter be referred to a Select ComTittee for consideration and report as to whether there was a breach of privilege or not. Nor is there any indication that he sought the advice of the Attorney-General. Instead he towed the following resolution".
C. "This motion states that the caption to the picture was intended and calculated to bring Mr. A.C.S. Hameed into disrepute and thereby constitutes a publication of a defamatory statement concerning a member of the N.S.A. in respect of his conduct as such member. This appears to be a mistake. What the motion should hawe Said is that Mr. A.C.S. Hameed had made a complaint to this effect. Otherwise it would mean that the Assembly had prejudged the issue without hearing the defence. But despite this mistake the motion Waspassed without debate OrdiSSent".
d. "A basic principle of natural justice demands that a person accused of an offence should be given adequate opportunity to examine and study the charge, to consult Competent lawyers if need be and get full advice as to the legal position before he shows cause. This principle of natural justice was not observed in this case. In less than two hours it will not be possible to get competent legal advice in a complicated matter involving the law of defariation and the proper construction of the provisions of the Privileges Act".
e. "But this plea did not apparently coTimenditSelf to the Test of the COTrini
ttee and nothin commitee pro judicial function ction 27 says have the powe punish summar lage".
"The Word'Sull a technical Sens: Court hears Ca does not пеап
natural justice a time to ShOW CE It must be mer persons on wh: served did not as and on of the Consulted a lawy
"On this Tateria publication is Hameed in resp a member, that guilty of no ofi principle of our the guilty mind is in respect of all p are Certain exce this offence do those exception from mens rea, not make the pt as ho WaS n0t 0 that day. It Woul SWer to a Chi against the edit he shoWS that th in his absenc knowledge and temporary edito а сопреtent pe principle found Apart from law COIT1 ThOrlSBrlS9 | duty or on leav guilly of a publi had nothing to c
"On this materi that Mr. Cooray rea or guilty min shing the offenc

ig came of it and the Ceeded to perform its IS. The amended Sethat the N.S.A. shaII as and jurisdiction to ily any breach of privi
Tarily'is LISed HErg in ie that a Magistrate's Ses Summarily. This that the principle of s to giving adequate Luse does not apply. tioned that the two st riotice had been sk for an adjournment T. Said that he had "g".
lit is clear even if the defamatory of Mr. ect of his conduct as Mr. Harold Pieris is "ence. It is a basic a W that Terns rea or ar ESSE tial elleet lenal offences. There ptions to this rule but BS IOL COTE Witi S. In this case apart Mr. Harold Pieris did Iblication in question ficiating as editor on d be a sufficient arrge Of defarnation Jг of a пewspaper if 2 libel was published 2 and without his hat he entrusted the ship of the paper to Son. This is a basic in reported cases. reports, it is plain at if an editor is off he cannot be held ation with which he ."ג
it will be apparent dinot have therners requisite for establi. It is difficult to unde
i.
rstand how the N.S.A. found Mr. Cooray, who had not merely spotted the mistake but had seen that the sub-e- ditor Corrected it on the page proof, guilty of the offence and fine him Rs. 1000. Both editors did the best they could in the short time given to them within which they had to showcause".
"Therefore such a matter must be carefully and patiently examined and investigated by any judicial body and the pros and cons fully considered before it arrives at any conclusion".
"According to Mr. J.R. Jayewardene the House did not know exactly what the crime was the two suspects had Committed because the House did not go into the details of it and the merits of the defence. If this is correct the House, without knowing exactly what crime the two suspects had committed, proceeded to consider the question of what punishment should be inflicted upon them, and decided to impose a fine of Rs. 1.000 each".
"This was the fine that the N.S.A. considered appropriate to impose on two editors one of whom was not officiating as editor on the day of the publication and the other of whom did not have the requisite Tens rea and had done all he could hawe done to ensure that the Observer carried a true and correct publication".
"The three reasons adduced for imposing the fines are untenable and Cannot bear examination".
"The resolution of the committee which was agreed to by the House does not appear to accord with the facts set out by the two editors in their explanations".
"The resolution of the N.S.A. states that the fine of Rs. 1.000 each be paid to the Ceylon Deaf and Blind School before February 6, 1978. This order to pay the fines to the Deaf and Blind School appears to be an illegal order".
15

Page 18
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Page 19
CONFLICT RESOLUTION
Current Options and N
Kumar Rupesinghe
INTRODUCTION
With the end of the Cold War, the collapse of the Soviet Union and the diminished threat of a nuclear Confrontation between superpowers, actual and potential internal conflicts hawe eTierged at the top of the global agenda. With about 35 major conflicts currently underWay, Some experts are predicting that total could rise to as many as 48. The majority of these conflicts involve a struggle for self-determination, although many are rooted in a multiplicity of political, social and economic factors.
Self-determination conflicts Were not absent during the Cold War period. HoweVer, hebreak-up of the multi-nationaland multi-ethnic Soviet Union is comparable to the decline of empire and the Decolonisation process after the 2nd World War, The acceptance by the international community of these new states is likely to encourage other groups within existing states to press self-determination claims,
From the perspective of conflict resolution, the issue must be seen as part of a complex matrix with both positive and negative aspects and outcornes. Conflicts involving the issue of self-determination hawe been categorised into those inwolving anti-colonial self-determination, subostate cor trans-state self-determiration, indigenous self-determination or representatives self-determination. Sote states are faced with a number of internal self-determination claims involving ethnic, religious, linguistic or indigenous groups.
Demands for various forms of Self-deteTTination and resistanCe to those deThands hawe often led to violent Conflict, gross violations of human rights and Tassive refugee flows. In fact, most of the estimated 33 million internally displaced
Ar 7 Mr 7'er Trafiora/ Alert DFS CLASSOT PарегpreparedfогӀhe Maгliп Елnals Memorial Symposium on SelfDetermiration held in Saskaf007, Canada.
and refugees in the internal conflicts. F the total riu Tiber COL by the end of the Ce
it is evident that th and international me ly manage internal and extremely limi situation in which C ice are seen to be those Seeking to ac lf-deter Trination.
Despite the refere of the United Nation Charter, the UN sy been a construct rnments, primarily C ring state sovereign grity. International human rights has le. the protection of indi not groupings of pe gious, or linguistic n UN club of govern T to address in any CO effective protection thin states.
However, as the IE tional Alert, Martin E 1991 in his paper Self-Deterination:
Times...hawe cha 'art of the possiblE must also relate the actual". Ideas of being accepte in the period of control ower what as an empire, are ted, negotiated, peoples who perc Colonialised and to self-determinal
In part related to up of the Soviet U, but also related to manitarian tragedie plight of Kurds with

leW Mechanisms
World in 1992 had fled recasts indicate that drise to 60-BOTillion հtury.
2 evolution of national chanisms to peacefuonflict has been slow ed, thus Creating a intestation and viole
the only options for vance Clairns for Se
nceto"Wethe people s" in the world body's stem has historically if, for and by goveConcer med With ensuty and territorial inte
action to promote Lrgely been aimed at Widuals within states, oples, or ethnic, reliminorities. In fact, the 1 Bents has been oath Tprehensive way the of collective rights Wi
te founder of Internainnals, pointed OL ut in On DeTocracy and
ged. As politics is the ", so international law o "the recognition of which had no hope
as international law he Soviet centralist snow Seen by many already being debaaven fought for, by iwe themselves to be eprived of their right DՈ
he precipitous breakion and Yugoslavia, inflict generated huauch as Somalia, the Iraq, and the Seige
of Bosnia's Muslims, the concept and practice of non-intervention in sovereign states has been replaced by an awareness that in some circumstances, particularly where there are gross violations of human rights or humanitarian disasters, including the protection of civilian victims of internal Conflict, active interwention is also an international responsibility. Though no rules have been developed to identify the circumstances in which the International Community should act.
In a World where millions of people who are Considered or consider the Tselves peoples, nations, ethnics, or indigenous groups are deprived of effective political means of fulfilling their own projects or visions the conceptual and institutional gap between the nation state system and the great diversity of human society is central to an increasing number of violent Conflicts. However, the question is whether any ethnic group have the political means to fulfil their aspirations irrespectiwe of its compatibility with the obligations of the larger society.
To close this gap and foster the development of a peaceful, multi-ethnic and plural new World order, we need to clarify our understanding of such concepts as sovereignty, identity, democratisation, state formation and self-determination. A better understanding of the complexity of these constructs and their possible application is essential if we are to develop preventive frameworks within a global system which succeed in balancing the need for an orderly but flexible international system with the demands of sub-national or trans-nālional CollectivitiBS.
In Writing this paper I am aware that many scholars, legal experts and political leaders have set views on the meaning and import of the phrase "self-determination of peoples" in the United Nations Charter and Other dC-CurTnents Of interinational law, as well as on how, or whether, to differentiate between peoples, ethnic groups, minorities and nations. Those

Page 20
Views are often at odds and Tuch confusion and ambiguity remains. However, all of the View that a clear distinction must be made between minorities and peoples but Will not address these Conceptual issues in this paper.
The starting point for the resolution of conflicts and potential conflicts must be effective CoITTunication, not just to the satisfaction of intertational lawyers, but to the people who are so often the victims of conflict. That is why it is essential for the non-government community - the representatives of "We the people of the United Nations" - to Work together to develop frameworks for the clarification of issues of self-determination, as Well as for the peaceful wentilation, initiation or resolution of Conflicts based On Clairns of self-determination.
... ACTUAL AND POTENTIAL
CONFLCTS
The issue of claims for self-determination can be found in all types of Conflicts: inter-state conflicts, governance and authority conflicts, identity Conflicts and Tesource-based Omes. Oftir at the Core of the most intractable and protracted of conflicts are the issues of ethnic identity and the clash of visions of different groups and a lack of Communication between them. In many instances, the environment in Which conflicts takeplacearen On-egalitarian and lacking rationali discourse, in part, because in multi-lingual and multi-cuItural states different meanings are attached to the discourse, making it fragmeinted, disjointed and multi-faceted.
in the developing World, many states still in their formative stages lack a solid tradition of governance and respect for the rule of law. These governments are often ill-equipped to utilise the range of peaceful options that might be availble to them. Politically, the issue of self-determination, whetheritisinterpreted to mean the ability to actindependently in international relations, greater local or regional autonomy, equitable participation in a federative state system, outright independence or some other variant, is seen by political leaders around the globe as a threat to national security and it is the fragility of the state in sormation On the ole land and the for Ce of clais for self-determination Which is at the heart of the problem.
8
Historicaly, the con and Centralisation of th hawe been closely rel perceived interests 0. leaders have sought power in central instit. tion has also meant languages hawe beer ted or incorporated a But in recort decade: tiOff Of CorTirTurnica li0oro and Culture, ever come to realize that developments which bounda ries, Superrn hawe to be Createdre: of sovereignty, thus power of individual na ThE LultisTalt: CullC0M{ tiOS revolution remě it is readily apparer governments to Cont nomics and Culture nking and Will hawe the sovereignty of r
W Lurder SțOC.
It is one of the gre late 20th century that the World are strug dying) for the mean: goals and influencin Tiwes, Tillions of Col Tlaterial prosperity lälaid the "deTOCr, led to give up more a to supranational Org: rests of further eCOC rnational peace.
As Well as this ext: reignty of the state, are also being chall their monopoly or translational ardha ffic in Sophisticated both, hawe emerged of law and order, si arms to the general cal groups, Which Lu macy and effectiver This massive prolife as Well as the equa Sed use of The Cer mflicts, hawe SeriCOLIS for their peaceful re:
Given the rapidly landscape since the particularly the em.

cepts of sovereignty he power of the state ated. To protect the f the state, political 0 C.Cett T)TE tio S. Stardard SaI that Cultures arci absorbed, elir Tirais states modernise. s, with the globalisais, eCooTic äClivity governments have
iri, order to Controll
transcend national ational institutions Sulting in the pooling diminishing the real tional governments. a fil S COTT L Jricaaims to be Sgr, Lt. it that the ability of rol information, ecois dramatically shria serious impact. On lation-states as it is
at paradoxes of the While millions around gling (and too often s of expressing their g the course of their hers, secure in the of what has beer atic Zone" are being nd more sovereignty anisations in the inteomic growth and inte
Thalerosion of sove
many governments enged by the loss of wicolen Ce, Here, The W. titola a COrSW10 tra
arris, or drugs, Or as lethal opponents assive dispensers of population and politidermines the legitiIcess of governments. tration of small arms, |ly worrisome increaaries im imterial COnegative implications Solutio1.
hanging international end of the Cold War, ergence of about 20
new nation-states in Europe, Soviet Asia since 1990, the international community as a whole Tust press forward With the search for the middle ground in What is essentially apolitical minefield, keeping in mind that any lasting solutions must be rooted in internationally accepted Standards of human rights.
Looking at existing and potential Coflicts, the Self-determination Corporter is ewident Worldwide in the for Ther SC Wiet Union, the Balkans, throughout Africa, the Middle East, Asia and the Pacific, Europe and Canada.
Inte Case of the forner Soviet Unio ethnicity, econostic and social Collapse, and demands for greater self-determinan tion have created a potentially catastrophic Inix. As of mid-1992, there were ar. 3 stirated 276 ethmic Conflicts ir tf 3 filrmer Soviet Union, 4,000 people had died, mostly women and children, and one mi|lion people had become refugees. In the Balkans, the rallying cry of self-determination for Slovenes, Croats, Bosnian, Kosowars, and the counter-reaction by Serbs - who also argue that their attempts to Create a Greater Serbia or protect ethnic Serbians are based on a claim of self-determination - threaten the entire region with a generalized War. Western Europe, already having difficulty coping with refugee flows from the former Yugoslavia and racist reactions to newcomers and fore established immigrants, could be faced With even greater social and political pre
SS LCS.
in Africa, self-determination moweTents, many of them seeking greater representation within existing states or democratic reform, are im mamy instances being led by politicians who use ethnicity as a mobilizing agent, Challenges to the existing order are evident in Nigeria, Angola, South Africa, Mazambique, Liberia, Cameroo, Zaire, Chad, Kernya, EthiCpia, Morocco and elsewhere. The human suffering, economic devastation, and the setbacks to development that hawe already sterTimed from internal Wars in Africa are staggering in their dimensions. In Somalia alone, an estimated 30,000 people died and 2.5 million were internally and externally displaced within 18 months in 1991 and 1992.
in India, Sri Lanka, Afghanistan, the Philippines, Bhutan, Bangladesh, Indone

Page 21
Sia, Chia, CaTibodia, Burma and elSeWhere in Asia, sub-state, trans-state and representative movements for self-determination are also challenging the status quo. In India, the upsurge in Hindu fundamentalist, which led to an estimated 1,800 deaths in recent rioting, can be Seen, in part, as a clash of projects - primacy for Hindus versus the secularism Of the T10 der Iridia State. This de"WelcoThrill of Hindu funda Tentalism will hawe major consequences for the region.
In fact, no region of the World has been, or apparently will be, immune to self-deterimination conflicts. Given the scope and number of claims for greaterself-determination worldwide, as well as their potential for escalation into violence, it is evident that the global Community needs to develop mechanisms which will help ensure that conflict does not inevitably lead to Wolf Cd.
2, ABRIEFSURWEY OF EXISTING
MECHANISMS
In the post-war era, the concept of Self-deter Tiration Was see to be limited to decolonisation or the protection of existing states from interference by others. The 1945 UN Chartë Tefrace:S tO SSlf-determination of peoples are generally Understood in that context and they set Out as a principle and not an enforceable right. Articles dealing with Trustand NonSelf-Governing territories call for governments to assist "peoples" yet to attain a full measure of self-government, although the territories were to be treated as whole political entities. Parallel to the doctrii E foi interferance in the national affairs of states, has been the development of norms and mechanisTis toprotect and promote the human rights of indiwiduals within existing states based on internationally agreed standards.
However, the emphasis has always retained on individual, not collective, rights, and on the primary responsibility of nation-states to enforce protective TeaSures. The Secretary General of the Council of Europe, Catherine Lalumiere, Summed up this approach in a recent speech, but also noted the emerging concern of the international community with violations of human rights and the neW-found Willingmass to intercede:
The stateshould be the principal Custo
diar of Liari spect and enforc because the state Folle of Custodiari been transfor The oppression that
rm munity Was gio OWerthe behaviol no longer shelt Screer of Orli rights hawe ceas domain of "dome for huTan rightsi. not only towards towards to inter
Within the United are Several Tech:: discussion of ClairT tion. These include decolonisation (the ship System and th on Decolonisation) Oversight bodies SL on Human Rights, Human Rights, its 5 the procedure for Statēts in the UN. Als ssion of Self-deter prevention are the ( ty and Co-operation High Commissione USe of CSCE princ
BW States.
In reviewing the which are being off developments in the Within existing bodic to develop and the TEt for a le W TE Techanis T to be di this.
a. The literatio
After the surge in 1950s and early 196 termination is clearl 1 of the literation, and Political Right Social and Cultura peoples hawe the ri tion. By virtue of determine their poli pursue their ecolor development". Thu: people to Self-deter right, and as a f beyond the confine Ces O1 de Colonisati

ghts; its role is to rea those rights. It was 3 las of failĒrts of human rights and jirhto) al instru Tigrint Of ha inte Tlaltiolal Cowen a Watching brief I r of States.These Car er behind the cosy Thterference. HUITlar) sed to belong to the istic affairs. Respect sa duty of every State, its people but also lational community.
Nations system there mismS relevat ta is for Self-determina
procedures to foster International TrusteeIe Special Committee ; human rights treaty Ich ästhe Committee the Commission on Sub Commission; and membership of new SOpertinent to a diSCLTinatir Frid Conflict Confertifice of Securiit's newly-established "for Minorities and the iples in recognition of
existing mechanisms, ared as a check list of 2 UN Standard setting as Will take a longtime re is an urgent arguchanism to the a new aweloped alongsids of
na || Cowenants
da Colonisation in the :0s, the right to self-dey enunciated in Article al Cowenants on Civil s and om Economic, | Rights in 1966: "All ght to self-determinathe right they freely tical status and freely nic, social and political semerged the right of mination as a human reestanding precept, s of normative practi01. India WF) perfi
ted from self-determination as freedom from colonisation entered a formal reservation on the right of self-determination thus underlining the cotton fears of many multi-ethnic states by seeking to restrict its applicability to "peoples under foreign domination", not to "sovereign independent States Cor to a section of a people or nation - which is the essence of national integrity". In contrast, Several Western states, reflecting the evolution of the concept of self-determination from one of external self-determination and decolonisation, objected to the Indian position om the grO Lunds that Self-determinatiom should apply to "all peoples".
b. The Committee on Human Rights
Under the International Cowenant on Civil and Political Rights, states are obliged to provide civil and political rights to their citizens, including freedom of religiori, freedom of Speech, freedorTito associate, fair trial, Security of the person, and freedom from torture. Two separate prowsions allow individuals or other states to bring Complaints against states in relation to non-Compliance with treaty obligations. AS of Tid-1992, however, 105 states had ratified the Cowenant and 67 states had become parties to the Optional Protocol dealing with complaints from individuals. The tasks of the quasi-judicial Committee on Human Rights under the Covenant are to examine international disputes (a PaIndora's Box that has never been opened), hear periodic state reports on human rights, and process legal cases brought by individuals against States party to the Optional Protocol. The Committee produCes "views" on the Compliance Of States With their human rights obligations under the Covenant. The views are not legally binding, but do contribute to jurisprude
C8.
In its examination of periodic State reports the Cos IITittee deals almost inevitably with the issue under Art. 1 and continued application of self-determination for post Colornial situations. A dual doctrine has emerged whereby internal self-determination is seen as a States responsibility to their own people in terms of a right to determine their own political, social and economical destiny. External self-determination in confined to foreign policy action by states to ensure this right is in respect of remaining areas of racist or Colonial occupation.
19

Page 22
The Committee has also rejected the equation of "minorities' with "peoples' or the basis that these are provided for by two discrete rights in the Covenant i.e. Art. 27 and Art. 1 respectively.
Group or class actions are not possible under the Optional Protocol; actions can only be brought by individuals. Although Some groups have claimed they were "peoples" under Article 1 of the Covenant (Micmacs and the Lubicon Lake Bank and the Samis of Sweden), the Committee has ruled it carrot address such issuesecause the existing procedures are only applicable to breaches of an individual's human rights.
c. The Declaration on Minority Rights
In December 1992, the General ASSembly adopted the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The Declaration enjoins states "to protect the existence and the national of ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity" (Article 1). It subsequently enumerates the rights of "persons belonging to minorities" and the obligations of states towards them.
It should be hoted, Wewer, that in the Declaration's preanTable the pro Totion and protection of rights of persons is seen as contributing "to the political and Social stability of States in which they live". And, in Article 8.4, the Declaration states that nothing in it "may be construed as permitting any activity Contrary to the purposes and principles of the United Nations, including Sovereign equality, territorial integrity and political independence of States".
d. The COITniSSiOrn OT HLurT131
Rights The Commission on Human Rights, made up of State representatives, acts as a human rights oversight body reporting to the ECOSOC. The Commission produCes resolutions and reports on the whole range of human rights issues, hears complaints on human rights violations within The Tiber COUntries, froTi The Tıber States, NGOs and other groups, and has developed various thematic procedures to investigate particular Country situations and practices violating human rights and reportbackto the Commission. The Commi
2O
ssion has a rin Lur Timber
ding the fact that it isa up of representative ( lirTited input into polit at the UN in NgW Y UN's new Agenda f b-Commission and til Scrimination and the
ties, made up of inde heard representation ming to represent p right to self-determin
There are Wariou including the Workin mous Populations whi rating a Draft Decla of Indigenous People
e. The Special Co
DeCOSEti
Established in 19 TITittee of the Situ: the Implementation . the Granting of Indep Countries and Peop. application of the Non-Self-Governing the Caribbean and Committed provides ral Assembly, which mber of resolutions a to the right af peop Self-deteriation a Well as on the resp. stering powers to c
ductive to the free to self-deter Tiination
f. The Trusteeship
The Trusteeship C tes under the auth Assertibly and inclu et The Tibers of the an outgrowth of the trusteeship system, deal with territories defeated powers in Stated in the UNChE Trusteeship System international peace ting progressive de self-government or encouraging respect fundamental freedor independence of Mi the original 11 Trust independence or s system became dort

of lirTmitations, irhiclLpolitical body made of states and yet has ical decisions made Jrk in respect of the of Peace. T1g SUle Prevention of DiProtection Of Minoripendent experts has is from bodies claieoples seeking the ation.
S Working Groups ig Group on Indigechis Currently elaboration on the Rights
S.
mmittee on
51, the Special Coation with Regard to If the Declar:tio 1 ir der C3 to Colonial les currently follows Declaration to 17 Territories, mostly in Pacific regions. The reports to the Genehas produced a nuIddecisions related les and nations to ld independence, as insibilities of adminiTeate ConditionS, COexercise of the right and independence.
Council
Council, Which operaprity of the General des the five perma: Security Council, is
League of Nations Which Was used to
detached from the World War One, AS arter, its International is aimed at furthering and security, pror noavelopment towards independence, and for human rights and TS. I 1991, With thig Cronesia, the last of Territories to attain elf-government, the T har 1t.
g. The CSCE's High Commissioner
On National Minorities
In December 1992, the Conference or Security and Co-operation in Europe appointed its first High Commissioner on National Minorities, former Dutch foreign minister Max van der Stoel, The High Commissioner is mandated to provide "early warning" and "early action" in regard to "tensions involving national minority issues that have the potential to develop into a conflict within the CSCE area, affecting peace, stability or relations between participating states. The "early Ction" function i Wollw'S "COLEC" är "consultations" with the parties to a conflict -essentially a preventive diplomaсy role.
h. International Recognition
Ultimately, me W states and golwernments must pass the test of international recognition if they are to survive. In general, intertational law defines a state as having a delineated territory, a permanent population, control by its own government and the capacity to engage in formal relations with others. Recognition of a State impÖSes a duty On Other States to respect the former's territorial sovereignty and the citizenship of its inhabitants. UN membership and membership in other Tulilaleral Organisations, Confirsts a state's legitirTracy. To attain UN membership, a state's application must be approwed by a majority Wote of the Security Council and a two-thirds vote of the General Assembly, Recognition of a government by other State governments, however, is totally discretionary.
With the precipitous break-up of the former Soviet Union and the former Yugoslavia, the international community has begun setting out what amount to criteria for recognition of States based on factors Such as respect for existing borders, support for democratic processes, the rule of law and protection of human rights. In cases where nuclear Weapons hawe been involved, as in the Ukraine, the criteria have also stipulated that the Ukrains take steps to ensure the safety of weapons of mass destruction and implementation of arms Control treaty conditions agreed by the Soviet Union. However, such criteria hawe been developed on an ad hoc basis and inconsistently applied,
(To be continued

Page 23
WITH THE BEST
ELEPHANT HOUS
OUALITY AT AFFC
NO 1 JUSTICE
CCLC)

COMPLIENTS
E SUPERMARKET
ORDABLE PRCES
A. Il-KEBAR MWAWWA THA
NMEBO 2.

Page 24
STILL LEADING Mr. William Thompson obtain
and established the first Joint in this island On
01st June 1841.
He called it
“Bank of Ceylon That was 150 years ago, but that was not We. We opened our doors in 1939 only to capture our rightful place in Banking and are proud to say that we si
LEAD
Over the years banking profession shared our expertise and BANK OF CEYLON
became Sri Lanka’s
SANDHURST TO BANKERS
Bank
Bank
 

ed a Royal Charter Stock Commerical Bank
till
of Ceylon
ers to the Nation