கவனிக்க: இந்த மின்னூலைத் தனிப்பட்ட வாசிப்பு, உசாத்துணைத் தேவைகளுக்கு மட்டுமே பயன்படுத்தலாம். வேறு பயன்பாடுகளுக்கு ஆசிரியரின்/பதிப்புரிமையாளரின் அனுமதி பெறப்பட வேண்டும்.
இது கூகிள் எழுத்துணரியால் தானியக்கமாக உருவாக்கப்பட்ட கோப்பு. இந்த மின்னூல் மெய்ப்புப் பார்க்கப்படவில்லை.
இந்தப் படைப்பின் நூலகப் பக்கத்தினை பார்வையிட பின்வரும் இணைப்புக்குச் செல்லவும்: Lanka Guardian 1993.08.01

Page 1
ANKA
GUJAR
VO. 1 6 NO. 7 August 1, 1993 Price RS."
PRESSF
ETHNIC CONFLICT
PRESS COUNCIL
JUDGE AND JURY
BLACK
J. R.” S hou
VOLENCE: ORGA
FAREWELL TO
SWRD: LIBERALATI SIRIMA : RIGHTS STRI
WHY NOT THE SWISSN
 
 
 
 
 
 
 

DAN
| O. OO Registered at GPO, Sri Lanka QD/43/NEWS/93
REEDOM
A.
Mangala Moonesinghe
G. L. Pieris
Lakshman Kadirgamar
JULY 83
|r of shame
— Chanaka Amaratunga
(NISED AND SYSTEMATIC
– Neelan TirucheIVam
i SOWEREGNTY
- Mervyn de Silva
ARGE - A. Jeyaratnam Wilson
PPED - Arden
MODELP - A. C. s. Сапаiарра

Page 2
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 3
THENDS
Rubber in danger
New management Companies that have taken over the state owned plantations are disregarding the tried and tested planting practices reco III mended by the Rubber Research Institute where the гшbber estales are comсеглесї. To maxirise profits foreign advisers working for these птапаgerтепї compaлises are urging over-exploitation of the plantations.
FFRY SCign fiSS Fal Via T7a de known their view that practices adopted by the new management companies will cause "serious long term Undesirable effects". The 5Cier) tists a we describald SCOT e of the practices as "alarming".
A levy on diesel
Vehicles
Diese fueled Vehicles Which cost only a third of the price paid for petrol wil/ not be that aCO lorrifical fo rLI Core October. The Treasury has annoUnced a dieses laX Of F5 300 per rronth on these vehicles. A. Treasшгу spokesman said that the Government wished to bring some equily between diesel car owners and petrol car owners. "Diesel car owners pay only Rs 77. 80 per litre; petrolcaro Wrners pay Rs 33", he said.
Briefly. .
A yar the
A Yard-man' the last Word in in the United so here, a Democratic L Front (DUNF) DUNF lle: Athulathmudali" challenge the report on the as: AthUlaithMLudal. team from the killing, at the government C intinmediately aft incident on Apri
According Spokesmam til inconclusive, contains many and unaccepta The D'UNF | government te independent ( іпguiry to fully p
A Cle; for Udu
Former top-c Աdugampola O| human rights Lanka status r. rights, is to be the governmen to a prestige ( Reports said he to Washington refused him a his human right
Udugampola and accused S death Squads

וחסfrן ard?
opinion may be Crime detection ingdom but not parently. The nited National and the slain lder Lalith s family will both Scotland Yard assination of Mr A four man Yard probed the request of the if Sri Lanka, er the shooting
23.
to a DUNF he report is speculative, discrepancies bole Corrents. as asked the ) appoint an commission of robe the killing.
im bill gampola
op Premadasa ce listed as a iolater in a Sri рогt on huпап rehabilitated by and appointed liplomatic post. is to be posted Which earlier isa because of
record.
fell from grace ate sponsored If extra-judicial
killings of political opponents, particularly those in the SLFP; he Went underground fearing for his life and into hiding in India. Later he recanted, following a Suspected backstairs deal.
Pressing for a free press
"Article 19" al inte Tational organisation campaigning against censorship has urged the Sri Lankan Gowernment to ensure that the press is allowed to operate free from the harassment suffered repeatedly in the past year.
GUARDAN
Wol. 16 No. 7 August 1, 1993
Price Rs. 10.OO
Published fortnightly by Lanka Guardian Publishing Co. Ltd. No. 246, Union Place Colombo – 2.
Editor. Mervyn de Silva Telephone; 447584
Printed by Ananda Press B25, Sir Ratnajothi Saravanamuttu Ma Watha, ColorTbo 13. Telephone: 435975
CONTENTS
News Background PETT d The Colua Riots of "E3 5 July '83 and Collective
Wiccoleg place E. SWRD () 9. Lanka Guardian-Marga
Seminaron Pres,5 Frogdom 1 [] Towards a Good Society (2) 14 FEHCB in Sri Lankā 15 The J. R. Years (7) 18 Correspondence

Page 4
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ection
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81514 / 50 1972

Page 5
NEWS BACKGROUND
TIGER THREAT
Mervyn de Silva
"Those Who do not ren er 77 ber the pasi, are condermned to re-live it'
— George Santayana
Was thirteen the last tie -
ten years ago. It was thirty one at least on July 24. The LTTE celebrates anniversaries in its own ferocious fashion. The clandestine Tiger' radio claimed that it was a tenth anniversary salute to Kuttimuni, who was among the Tamis slaughtered in Colombo's maximum security prison, Welikade, in the seven days that shook Sri Lanka, That by the Way was Our Cover Story in the August 15 issue. (The L.G. could not come Out on Aug. 1st).
In "Seven Days that Shook Sri Lanka", this journal emphasised twongw developments: (i) the Sixth Amendment, a dilemma for a Federal party that had changed its name to the Tamil United Liberation Front, a self-protective tactical move wis-a-vis the armed youth groups from LTTE to PLOTE and EPRLF and (ii) the increasing concern expressed by Printine Minister lo dira Gandhi and tha TaTilnadu authorities; in slot, the Indian and the external factor,
President JR adopted a hard linethe TULF's disavowal of separatism (i.e. taking oaths under the 6th amendment if the party is to remain in Parliament).
More significant was the foreign policy implications; India primarily, the international Community, particularly the aid donors. At first, President JR thought he could keep Delhi at bay by simply ignoring Mrs. Gandhi and official (South Block) reactions. But Indian press reports showed that Delhi had not been too impressed by his advice. India, JR told a group of visiting foreign correspondents,
should "maintain a allended that to ". then suggested tha move "be kept in st resting on his 5/6 Take 3 mar a WOn Still in Comilard, t that he had ex interwention, diplort ormalign.
In the face pressure, he sent M his brother, to Mad the Colombo-Mad brought home to the observer tal tilg been, )3%TBrח irreCOverably.
What ethnic pri just a few weeks a Pri Ting Minister, Fing that "the reaSO foi Know". And this was started a "long mark against any conce Bandaranalike gove Party! And just bef had solemnly pled through an all-party
INTER-MESTIC
Soom the Tal what Artlerican poli interrestiC i.e. th): attle interface of th dor Testic. The at today is such that for inclusion in this is a particularlystrik because language Seems to be the ri a World Corrent disputes. One la Connects India With

1983 -1993
low profile". He later D immediate Ole”ard any Indian mediation serve". President JR, his majority ("I cannot han") believed he was ough it was now clear osed Sri Lankā to atic or military, benign
of Tounting Indian Mr. H. W. Jayawardene as and Delhi. And so fas-Delhi Connection intelligent Sri Lankan ethnic problem had a listedd, perhaps
ablem? On August 18, ifter he took office as informed the House this conflict I do not the politician who had ch" to Kandy to protest ssions by the Sirima Illert to the Federal ore the 1977 polls, he ged to find a solution
Conference.
nil problerm becar Ime ical Scientists call the e problems whichlie 2 international and the ire of ethnic conflict lost problems qualify category. South Asia ng illustration, largely irlinguisticallegiance ost dynamic force in by violent ethnic iguage of another ach of its neighbours,
The "reasonable use of Tamil "did not satisfy the Tamil middle-class and the new generation. The public administration had been the "job bank" for the Tamil Community, particularly the Jaffna-based lower-middle class that found the land and Weather in the north rather inhospitable. Denied agricultural opportunity, they made a heavy industry out of the clerical service. The Sinhala Only Act was identified as gross discrimination. Though Jaffna Mayor Durayappaah's murder took place. When Mrs. Bandaranaike's United Front was in office, it was under President JR's regime that the Tinor, containable revolt becar IIe a full-scale secessionist insurgency. The reason for that lies not merely in his authoritarian "Gaullist" presidency but in his provocatively anti-Indian, anti-Indira foreign policy.
INDIRA DOCTRINE
The Lanka Guardian was the only journal to note instantly the new Indira Gandhi "doctrine". For this, we owed a special debt to Dr. Bhabani Sen Gupta, of the Centre for Policy Research in Delhi, a former student of Dr. Zbigniew Brzesinski at Columbia. He argued that the Sri Lankan crisis had "spawned an Indian doctrine of regional security". His commentary, published in the LG15/8/83, stated:
"An important aspect of the Indian regional security doctrine is that it emerged from a series of conversations between Prime Minister indira Gandhi and leaders of the Opposition. It is therefore Cushioned on a national consensus.
A flurry of diplomatic activity ensued in the Indian foreign office. The four governments and others Were immediately told that while India was inevitably deeply concerned with

Page 6
developments in Sri Lanka, it had absolutety no intention of interwening. At the sa Tetime, India Would not tolerate interwention by any Other Country Within or outside the region. It was made clear by implication that intervention by a third power might Compel India to interwene.
Thing doctrine has reeCeliWeid prompot implicitor explicit approval of the regional as well as international Communities, it can be explained in the following terms: India has 10 intention of Interwening in internal conflicts of a South Asian country and i strongy opposes interwention by any country in the internal affairs of any other. India will not tolerate external interwention im a Conflict Situation in arty South Asiancountry if the interwention has any implicit or explicit anti-Indian implication. No South Asian government must therefore ask for external military E155istance With an anti-Indian bias frOIT) any Country.
If a South Asiam Country genuinely needs external help to deal with a serious interTal conflict Situation Cor With an intolerable threat to a government legitimately established, it should ask help from a number of neighbouring Countries including India. The exclusion of India from such a contigency will be considered to be an anti-Indian move on the part of
hė Gwerri Tert CONCEerred.
Power Confirmed: This regional security doctrine reflects, on the one hand, the reality of India's preponderant power position in the South Asian region and, on the other, the South Asian Consensus that there should be no interference by any country in the internal affairs of any other. It goes two significant steps further. First, it asserts India's right to be included in any regional assistance sought by a South Asian country to deal with a serious internal conflict situation. Secondly, it stresses that assistance in SLIch contingencies should be regional rather than by indiwidual Countries."
The arrival of the IPKF and the JWP insurgency were part of the huge price paid by the people of Sri Lanka for JR's folle da grade Ir.
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The Scholar’s Tale
Part II
ero's late CIcclaimed debLt
lír te LLuitill listing as tabaco 2 Liraferrual Inti perial L II tiction l oot togLec1 Global GLUTiption
fuaf flle Drug Lords fuld failed to deliver
Ipire enlisted each Scholar Tero LL YCLS Corle ofta Blur z chl nLich crisp Dollars to crurich
L Card Alex IT der Fred la loLUI
|| ITLIcłLIloletu OTC (If It Orle cleUer Cor/lict Resolution red lurreperu, Conflict Creatior 1 oT , LUCS Pries[cras ar led Ger Les :solution by Philosophy and Deals
Tour Dea I had Tecalised ; Cross-CLITents, col/Lision Catalysed, agential Cross-class trajectories terging Professional CCI tegories. ; Corsiusior is tuus cca resiully LLUrolLught Lyth. Tired i er scrolled thought tiredres erchlon || Le Noall story ng quietATTerian against frier idly Azeri ng seLen decades of Loil and cal Teraderie
greensfires as Tiddle class sii'erzy.
od Pilgrims lets shut the conclusion cull ( Lis Acader Tic Cor UCL ir Orl disilterested, doctrirt aire, (Lild pure Je kJtOLU COTScier Ce does flot grld Ire corterplation (Is the years aduc TLCe faITous Physicist once observed at a dance 2 llis partier alla Lyed huis secar lga Nobel citation. Las Tear
Ir Hero got doLUTI to Huis (CIsk his eCLITLes tly Acadentic Task ng expounded his Theory of Resolution oL y da LJC Lited the TTL or 7er ltqaf Creatiot
(Continued)
U. Karl Linnatilake:

Page 7
BLACK JUU LYY e
J. R. justifies t
Chanaka Amaratunga
he events that followed the killing
of thirteen (some have argued that it Was fifteen) soldiers of the Sri Lanka Army by guerillas of the Liberation Tigers of Tamil Eelam, on 23rd July 1983, marked a dramatic transition in Sri Lanka's ethnic conflict. It was the appalling racial riots that were the response to this killing in which Tamils both of Sri Lankanand Indian origin were brutally killed, looted, dispossessed and otherwise humiliated, throughout Sri Lanka, and particularly in Colombo, which dramatically altered the nature of the ethnic conflict. Prior to July 1983 some gStimates had COncluded that the LT TE LLLLLL LHHLH LH LaLLLLL LLL 000 LLLLL LLLLLL arms and that even of them only 200 had received a proper military training. Several years later the military strength of the LTTE was estimated at approximately 5000. The under arts, terrils of the scale of violence there can be little doubt that July 1983 greatly aggravated the intensity of the conflict which continues to гаge, eventеп years later.
Few Sri Lankans, certainly not those even remotely interested in things political, Would be unable to say where they were and what they were doing when the rioting, murder, arson and mayhem began.
| Was in London when the riots of July 1983 look place. Indeed 1983 was a year In Which nawer wisstad Sri Lankā, dld not therefore witness any of the horrors of that month or year at first hand. Although my reading of newspapers and books that dealt with the events of July 1983 then and Subsequently as Well as Several Conversations with many of those Who Witnessed these tragic events, have left Within me a vividirT pression of the riots, I was perphaps fortunate to be spared an acute personal impression of the appalling inhumanity of which our people are only too capable.
My first intimation that something was Very Wrong in the state of Sri Lanka, came that hot July by means of the Daily Telegraph. This was not my usual newspaper
i London bout | ha in it, on the death intediately purch, proceeded to read remember clearly t there would be the Lanka that wery so days later all Britis and television, beg Wingatrocities in C. Outside the Nother nces. Although Ju lacks for me, the experience, it was coverage of the ri More haislest thar. I ded and unsympat tragic event in our O. that section of it, usic able at the ti T12 to " Lankans in Sri Lank rid.
The almost total Jayewardene Gove its desperate attern murderous mots immoral. Watching Londom, Ore's lewe base opportunism ( (and his cronies) his cism, epitomised in cause so appalling է: in which he offered gy or regret to the been murdered, Ter otherwise traumatis riots instead as
the Linderstar of the Sinhala 12Ver allow th ntry to bie divi
Knew no bounds. reached the ultimat tion as a nation. WF cheeringiton, our e assiduotus apologi: amazing that ethnic hawé recovered ewi they hawe, given a J.R. GOWernment W:

he mob
noticed a long report f the 13 Soldiers and ised a copy which on the underground. hat somethingtoldrrie kind of reaction in Sri on took place. A fe'W h newspapers, radio an reporting the groOrbo and elsewhere and Easter PrOWily 1983, accordingly immediacy of direct true that international its was a good deal the appallingly one-siletic COverage of this Wr media, particularly ler State-Control. WaS Witless ITUC that Sri ka Were therefore de
inaction of the J. R. Tirslårt to therialskind pts at appeasing the Were unbelievably hese ewerints unifoldin of incredulity at the of J.R. Jayewardene, insensitivity and cynithe now famous bgroadcast to the nation Not One word of apolo'a mil people Who had dered HOTeless artid Éd but described the
Idable reaction people who will 2 ir bellowed cou
ed
fell then that we had 2 depths of degradaen it was not actively stablish Ternt, was arh t for the Cor. | IS relations i Sri Lanka in to the degree that Context in Which the s so inclined to justify
the mob, so little inclined to demonstrate any sympathy for its victims.
Not surprisingly the most hideous polarisation took place among Sinhalese and Tamils scattered around the globe. In Britain the sheer absurdity of atawistic attitudes of racism Were brought home to us on television by frequent clashes between two appallingly imarticulate and stupid men who erTierged in the aftermath of the riots as the spokesmen of the two Communities. One was a principal of a Tamil school Who Was President of an organisation which styled itself the Eelam Association of Great Britain. The other was an estate agent who was President of what Called itself the Sinhalā Association of Britain. The same infantile Commumalism was, was told, wery evident among Sri Lankan Comrtunities in Australia, the United States of America, Canada, and no doubt. Where to be found in appreciable numbers elsewhere across the globe.
Politicians and the people, Sinhalese, and Tamil, Muslim and Burgher, at home and abroad, COLld not have acted with such cruel insensitivity, if there were not a fundamental inadequacy in us, as a people. It is by recognizing that the poison of July 1983 was in the last analysis, a Consequence of our nature as a people, that We can even now take real TeaSures to ensure that racism is truly a thing of the past.
The most constructive response to July 1983 and its after math should be a detertination to discover and document the responsibility for these terrible events. Who supplied rioters with voters lists through which to identify the houses of Tails? Who Were these rioters? Who Was responsible for the massacres in our prisons? Whose idea was it to add insult to injury to a grievously Wronged ethnic minority by imposing the Sixth Amemadret to the Constitution Which barished the noderate elected representation of the Tamil people from Parliament and from the political mainstream for over five years?

Page 8
Ten years after the riots of July 1983 none of these questions has authoritatiwely been answered. Our political culture has deteriorated so sadly that we seem completely oblivious to the notion of public accountability. At the height of the apparently inequitous era of Colonialism, the two Houses of the British Parliar Tert appointed a Commission On WisCount Torrington's handling of the rebellion of 1848 in Ceylon, and found him Wanting to such a degree that he was recalled. John Stuart Mill conducted a brilliant campaign to set up a Commission which totally condeTred and removed from Ofice a Governor of Jamaica named Eyre for gross Cruelty in his administration of that Colony. Yet scarcely anyone has demanded a full and open investigation of the events of July 1983. Are We not entitled to know how mamy peopledicd, how mamywererendered homeless, whether politicians, Within or without the Government bore responsibility for those terrible events? Surely When there are still dedicated organisations Committed to hunting down Nazi war criminals and bringing them to trial, there Tust be some concern for these who SLuffered in 1983 for mo reason så We ar accident of brith?
| firmly believe that it is by confronting the full horror of the events of July 1983, by ir Tıplacably insisting on justice, by holding those responsible for the crimes that then were Committed, fully accountable, that Sri Lanka can gwolve the Consciousness that is so necessary for national reconciliation. A full commission of inquiry into the circumstances of July 1983 is the imperative need of the hour.
Over two hundred years ago a GoveIntent General of India, Warren Hastings Was Sought to be impeached by the great Whig (Liberal) leader Charles James Fox. Among those who participated in that debate in support of Fox were the famous political theroist Edmund Burke and the famous playwrite Richard Brinsley Sherider. Burke concluded His indictment of Warren Hastings in the House of Co
Trons with the Words
impeach him in the name of human nature itself.
Hawe We Sri Lankans no humannature left in us that calls for justice and truth, for the victims of July 1983?
July *83 in Sri La
Neelan Tiruche
years hawe #ך
of the Cluelest W
history of modern Sri Lanka hawe been e; violence in 1958, 19 There Was however nce in the intensity, zed nature of the W There is no Cother ewe etched in the Collect wictims and Survivor space has helped trauma and the bitter
It was estimated 3000 defenseless p murdered, although mai that the death Many were beaten while several Were Thousands of homes torched or destroye Colombo almost a ht rSOS, TOre tha population, Were dis mes, many newer re ghbourhoods or to Outside the country, there were about 17. and displaced pers escaped the death destruction of their hood and the disloci One Woman who ha the repeated cycle Instructed her Tahili is to live in fear, she
Many observers w organized and syst violence. The ra Tip; with precise informa Tamil houses and b ders were ofte ärr and With detailed Tamil-owned shop, business, entreprer nal cläSSSS Wese S part of the objectiv break the economic mils. It Was estim

and Collective Violence
nka
lwam
lapsed since One seks in the troubled Lanka. Tails of Sri posed to collective 77, 1981 and 1983. a qualitative differeIsLItality and organiolence of July '83. it which is so deeply We The Tories of the S. Neithes time nos ease the pain, the
memories.
that about 2000 - eople were brutally official figures maitoll Was about 400. or hacked to death,
orched to death. s and buildings were id. Within the city of Jindred thousand pe|alf the city's Tamil blaced froT1 their hoLurred to their lei
their work places, it was estimated that 5 thousand refugees ns. Hardly a family of a relative, or the Ousts or their liwelltion of their families. d been wictimised by of violence, recodentity, "to be a Tamil 2xclaimed in despair,
"ere disturbed by the 3māli nātre of th iging mobs were fed ion on the location of usinesses. Their lealed with voters lists, addresses of every house or factory. The eurial and professioDecially largeted, as 2 appeared to be to backboome of the Talted that almost 100
industrial plants, including 20 garrTent factories were severely damaged or destroyed. The cost of industrial reconstruction was estimated at Rs.2 billion rupees. This did not include the hundreds of shops and small trading establishments.
Equally disturbing was the element of state complicity in the violence. The state not only mishandled the funeral of 13 soldiers who had been ambushed by the LTTE on July 23rd, 1983 but also allowed the inflammatory news to be projected in banner headlines in the newspapers on the 24th. On the other hand, the retaliatory wiolence of the security forces in Tirune|weli arhid KantharTiadu Which fesulted in an estimated 50 to 70 persons being killed was suppressed from the media. Army persomrel appeared to hawe encouraged arson and looting and in some instances participated in the looting. Neither the army nor the police took any meaningful action to prevent the violence or to apprehend the Culprits. No Curfew was declared for almost two days. Neither the President nor any senior minister Tade a public appeal for calm and restraint, it was also Widely believed that elements within the state or the ruling party had either orchestrated the violence or encouraged the blood letting. No Commission of Inquiry was ever appointed to clear the state of these allegations or to investigate the Causes of violence.
When however political leaders did speak four days later, there was a total identification of the state with the majority community. President Jayewardene said that the riots were not a product of urban mobs but a mass movement of the generality of the Sinhalese people. He spoke of the need to politically "appease" the natural desires and requests of the Sinhalese people. Si Tilarly, none of the senior cabinet ministers who spoke on television, including Mr. Lalith Athulathmudali, had a Word of sympathy for the victims of this terrible outrage, nor did any of them visit the refugee camps to commiserate even

Page 9
briefly with those who had suffered. This Conduct of the President was in sharp contrast with his more conciliatory behawior in the after Tath of the 1981 widolence. He was quoted on September 11 - "I regret that some members of my party hawe spoken in Parliament and outside Words that encourage wiolence and murders, rapes and arson that hawe been Committed". The President further stated that he would resign as the Head of his party if its members continued to encourage ethnic violence and racial bigotry.
Clearly the most disturbing episode took place on the 25th of July at Welikade prison, When 35 Taffil political detainees were battered and hacked to death with clubs, pipes and iron rods by fellow prisoners with the complicity of prison guards. The government conducted a perfunctory Tagisterial inquiry but no attempt has yet been made to take legal action against those responsible. This incident was repeated again on Wednesday the 27th of July and it is shameful that the government has yello pay Compensation to the bereawed families and has pleaded immunity to the legal proceedings instituted by them.
Several Scholars hawe Written extensiWely on the causes and consequences of July 83, which the British anthropologist, Jonathar Spencer, has described as "the dark night of the Collective soul". How is it possible that an island society renowned for its scenic beauty and the warmth and hospitability of its inhabitants is capable of such collective evil and inhumanity? Some have referred to the crisis of competing nationalis I of the Sinhalese and the Tarnils as being a contributory factor. Both forms of nationalism Were antagonistic and incompatible. The assertion of one was perceived to be a denial of the other. Others have referred to the historical myths as embodied in the ancient chronicle that demolised the Tamils. Jonathan Spencer points out that in the popular imagination, the tigers were believed to be 'superhumanly cruel and cunning and like dernons ubiquitous and that ordinary Tarnil Workmates and neighbours also became wested with these attributes. They remind us that as Woltaire did that "if you beliewe in absurdities you Wil|| commit atrocities'. Others have pointed to the propensity for violence in authoritarian political structures which enthrone the
Thajoritarian princi bizarre entrarchm The Referendum Which extended th rther exacerbated animosity and of in
July '83 als0 cc nvulsive changes Tamil community struggle. As the px tted to constitution became marginal assumed ascenda rted by some that Wä5 O1 a differrit of the oppressor. doctrire for the viol consur Ted the victis became possesse racial bigotry and i characterised the Saen in the fratrici Tamils and Muslims Kathankudy mosq Medirigiriya, and th Muslims from the M Stricts,
Can July '83 rec has pointed out the Sin Thilar incidents of ldiers and of Civilian Collective reprisals. 1991, 67 men, womT killed by the army following a land-mir cholai Within the Ba mmission of Inquiry had been responsit a Warded compens Although the captai ssed, the governme those responsible tions, Similarly after Which killed Gener; Wa, 35 mer, WOTE hacked and shot to il Mailänthanai (). Batticaloa district, , hawa been charget Case from Batticalo raised concerns wit resolve to prosecut
A decade late fermairm Lumi resolwed, Eäre Off intractabil: Prime MiSter Rai

e and provide for the nt of the unitary state. in DECerTitler 1982
if (of Parliam fuhe climate of political Colerance,
tributed towards coIn the politics of the nd their methods of litical leaders comrTriall means of agitation sed, Tamil militancy Cy. It Was even a SSeiolence of the wictims Thoral plane from that his was a dangerous ince of the victimsoon 1, and the Wictims also d by the demons of to race which had ppressor. These are dal violence between , the massacres at the Ie, in Wellikarda and a forcible expulsion of Malmar and Jaffna Di
:ur? The government it since 1983, despite mass deaths of S0S there hawe teen fe'W On the 12th of June hen a rhaid Childrefn were n retaliatory violence e incident in Kokadaitical Ca district. A, COfound that the army le for the killings, and ation to the victims, Of the Unit was dismmt hasmot prosecuted Jr these grOSS violathe la ridimirmeirincident | Denzil Kobbelkaduand children were leath by an army unit the borders of the Although 23 soldiers the transfer of the to Polonnaruwa has regard to the state's those responsible.
the basic problems and to Some externt On June 18th 1993, Wickremasinghe told
the Sri Lanka Aid Consortium, "History häS Shown LIS, that there are nurTlgrouS le SS Ons to be dra W1 from Cother Countries of the World that problems of a minority cannot be resolved by suppressing the minority or by riding roughshod over the heads of the majority. An honourable solution needs a recognisable conseInsus". We are therefore not relaxing our efforts to find a peaceful solution to the Conflict in the North and East based on such a consensus. But as yet the Sri Lankan political leadership has not shown the political imagination, the resolve or the sense of urgency to forge such a Conse|15ԱՏ
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Page 10
Ace Radio Cab
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Page 11
Bandaranaike (Concluded)
SWRD and the a
A. Jeyaratnam Wilson
Finadara laike's "Sinhala Marikar"
WäS OkěniST for the Muslim5. Thé OfS VĒr 55 tā digcriig5. H planned on having S. Nadesan Q. C. as Minister Of Justice but in this he Was OutrThanoeuvred by Sinhala extremisteleTerits. Na desan would hawa bēr a Sound advisor and helped him in mediating the Tail guestion.
Bandararaike's best ministers were Philip Gunawardene and P. H. Willial de Silva. They contributed a great deal to the Constructive aspects of his short-lived administration. He did not wish to diminish their cabinet furictions when faced with the Dahanayake led "cabinet strike". Bandaranaike had hoped that the Crisis would blow over. But in the end he was pressured.
As for the higher public service, he had to deal With a coteric of UNP saboteurs. One of his senior bureaucrats, a low counlry upstart Tarried to an upcountry deggnerate, deliberately undermined thermany attempts he made to administratively adjust the grievances of FP MPs. Others Were plain and Simple neanderthals.
The question that arises is whether Bandaranalike had a coherent political philosophy. Before We answer, there are Supposedly negative aspects of him that need to be disposed of. Some of these hawe already been dealt with.
ideally his UNP adversaries preferred O mort Copolise politics just like the Indian National Congress's one-party dominace model; that is, to law the UNP as the government with factions within it obtaining redress without splintering and going into Opposition. There would be an insignificant Oppositions with its varied groups sitting across on the Opposition benches of the House. That waya caricatured democracy of the Westminster type Could function With the UNPTOre or less being permanently the party of goveITs TlCl.
Bandaranalike W fOT 1947 to 1951. with the UNIP, its Hii philosophy of the p le 28.
Badaramaika wa under this carapaci goals of "the Commi Wed of a 1 elite isola
For this Sirl, his fel newer ever forgave Of ther, if not, their chose to leave the T for the rights of the COLurse power as hi a certainlevelingdo Satir of SÖFTE If Tonopolies. In act naike's program W from rightwing Briti needled the UMP's p Was that wharga.S E |ling to face the pri. Unemployment fairl UNP adversaries p of Colomb)) Whares Wailed but nothing ta:
For leaving his Cause of the commo paid a heavy price. F right, they refused to DTECONCle Wilf flg. not only the UNP est repress, Lake Hous lår, mobilized their Papertigers such as tries were magnifier AS II) C3 LISE ITTEXiriLu
Bandaranalike's g his liberalis. Ha to, like his wife, dism nist mighty press. I in Parliament resew Contempt for the Johnry Walker".

un cien regime
is part of this set-up But he was not happy her echelons and its litics of the Angloeli
Sfar from Cornfortābola 3. He believed in the In man". He disapproed from the people.
low elitists in the UNP it. He had been One quintessence. Yet he so that he could fight downtrodden With of s goal. This required "wr1. Itmea mtmatiOr ħalithe privately owned Jal practice Bandaraas not wery different sh Lab)OLJrites. What atronising disposition Banda far laike Was Wioblem of poverty and ly and squarely, his referred the boudoirs terile discussions preangible was done.
class to take up the n man, Bandaranaike Firstly, on the extreme let him have a chance Ceylon Tamils. It Was ablish Tent. The enties barons in particuforces against him. ; the shadowy Rajara| out of proportion So If obstruction.
Juiding lodestar Was id not therefore Wish ember the obstructiostead his speeches ed the most Withering ress's "Wotaries of
The man was too much är intellectual and this was his principal weakness. He could readily see the other side's point of view, He had no intention of playing to the Colombo establishment. With its insatiable desire to preserwe the status quo.
Limited change and continuity were important components of his political thinking. For example, he did not plan on doing away with the English language. Here he miscalculated.
Bandaranalike bore a personality which combined decency with intellectual superiority. If one looked at him carefully, as I did scrutinize him when Kodikara and met him, he was undoubtedly Very self Confident in his bearing. Somewhat physically Weak and Worn out, he did not care wery Tuch for his personal appearance, He wore an ancient pair of glasses and his ophthalmologist was an Englishman not a Ceylonese. There was lille doubt that he lowed to talk on serious subjects. A fifty-rine year old man at the time, he looked older than his years. Slightly bent because of a spinal problem, he walked with a drag. Extremely intelligent, he knew full well everything on which he discourised. He talked to us about Peradeniya University but he was a civilized personality unlike the philistines who followed him. He asked us how the university was and answered the question himself: "wheels within wheels"? By no means was he hasty, reckless, revolutionary or in a hurry. Gradualism was his Creed, but he was conscious that he had created a new constituency of the ordinary folk, not skiInted the surface as the UNP had done.
heard Bandaranaike speak at a mass rally near the Kandy market, ashort while before they killed him. It was a classic discourse in Sinhala. He poured sarcasm on his UNP adversaries, quite effortlessly. One had to hear him pour vitriol through the microphone to comprehend the co
9

Page 12
InterTip the reserved for thcarcier regime, Heitolated the TCSitional OfvOiCES. People listened to him with wrapt attertion. He knew he was giving a command perfor Thär 1:2.
This light sound feckless to Ceylon's Tidwives of "the revolution around the Corr", the LSSP är lid other Marxist wdTills äld d:Wiärils. BL ut the lateT WETE diSunited in their ränks and Wert negoliating most of the while with each other with knives behind their backs. They were unwilling to seize the reins of office had opportunity presented itself, best Tanifested during "the Yamuma Talks" organised by H. Sri Nissanka, C.C.
Bandaranaike had little time for these parlour Marxists. He Ushered in his much Waunted age of transition. The Left at that title was without anchor. They concentrated on the strike weapon with massive walkouts accompanied by demands diffiCult to concede. But they did not plan to ride on the crest of anarchy. No one knew whay was to follow, mot ewen they.
To Bandaranaike therefore fell the task of filling the vacuum. He was definitely a John the Baptist Taking straight the path of the liberal deToCratic State. Il SurTi S.W. R. D. Banda ramaike Was Teither the alleged "tide Watcher" for an opportunist. He had a sort of blue print notion which would inaugurate "the age of transition". But trårlsit lữ where?, Nữ amouflt Clf F1Bwspaper propaganda WOLld have people believe that the new Jerusalem Was One of Marxist-Leninist-Stalinist-Trotskyist Wintage. The age to be transitted to Was a Beveridge style Welfare state. Where everyone would be provided for, Fate Was cruel to him and the people of Ceylon. He was taken away prematurely. Ceylon would otherwise have had the institutions of Westminster, par excelence, the underpinnings of political Sophistication though in the context of an insolvent Welfare state.
Taken in the round, S.W.R.D. Bandaralaike Was a 30-ClassiCall liberal, and intuitively and instinctually, a far seeing and gradualist social reformist statesTan of independent Ceylon. He was a good man who fell armong unexpected foes, some of them the villest dregs of Sinhala Society,
O
PRESS FFREEL
The role
Professor G. L.
he Civil Rights Lanka has Tlade "TO Take. . . . Le F in its own cause, an of a penal nature OI by reason of its Cor partisan instrument, is bility of serios abuse In any event, the Press Council reflect preserts an unattract corresponding prO'Wii: ring the personnel Councils of other COL the Australia PreSS a Chairman, 10 repre tuent Organizations, mber front a panel
memberg ärld 2) ältĖ: cancies for public me 13:53, är äldvertiSÉC. M. advises the Chaira nations to the COLII organizations send tolВITTEEWES ПаWE HCl editors and journalist rial member, chose former editors, and eminent and ackno' ndent. The public me Women of standing ir hawa Tendered COTT Who, as a body, are bala riced representi having regard to ge graphy and readers Netherlands, the Pr S85 the Tost importa misations in thC: Tas: ASSOCliation of JO LITT tids of Editors, afld TE OLJ: PSSI C members, 8 of Whor remaining members but not journalists, the Press Council C fTOT I PTE:55, äld SW3d3 LhEë PrESS Tibers; 3 represent including a judge, US. of the Supreme CC Chairperson, and 3r industry including 1 r. of the constitutive Independent Press
TFils f5 foie sécord part « Pl'Or. G. L, Floris, l'ï:-{ versiya figLarka Gi

DOMSEMINAR (Part - 2)
of the Press Council
| Peiris
MOWE Tlert of Sri |l CCITl|TlI ress Council a judge d to confer powers such a body, which position may be a 5 to create the possiand injustice."
composition of the diri Sri Lärkas la W. iwe Contrast With the sions of law goveConstituting Press ntries. For example, Council consists of Statives of CO 1st2 journalists, 1 Tieof editors, 7 public rmate members, Waembers and alteriaselection committee 1, Who Takes Orticil. Most publishers' "presentatiwes Who) migVC (de Time TCG 35 s, Equally, the editofrom the panel of the journalists are wledged as indepeTimber 5 āTE T11 är Cid the COTT unity Wh() |Turnity ser wice and Team to provide a til of ALISStralia 1S, rider, ethnicity, geohip interests. In the ess Council Comprimt Coordinating Orga3 Teia - LE DUCh Välisls, the ASSOCİAepublishing houses. ouncil consists of 16 Til are journalists; the are media experts Similarly, in Norway, consists of 4 pers: Orns 3 from the public. In Council has 6 Tieatives of the public Jatiya Tiember of one ults Who serves as epresentatives of the presentative (of each organisations, The Authority legislation
of riva papar preserted by Chläflicë/kor, Casar 77bc3 LUriri്റ് -Mrg 8eTirr.
presented to the British Parliament in 1992 as a sequel to the Review of Press Self-Regulation carried out by Sir David Calcutt (CQC made prowision foran ir 1 depëindent Press Authority consisting of 21 members appointed by the Secretary of State. In making these appoint Tents the Secretary of State is required "to invite ominations from bodies which appear to hiril to be interested, and shall 53 bak lau ensure that the The Ibership reflects the Current demographic pattern of society in the United Kingdom as to age, gender, sexuality, disability, regions and minority ethnic groups."
The point to be made with emphasis is that, in all these countries, the element of government nomination of personnel constituting Press Council is either minimal Cor non-existent. The manifest preponderance of this element in the Press Council of Sri Lanka must perforceba characterised as a negative feature.
(2) The Official Secrets Act
The Official Secrets Act, No.32 of 1955, authorises the government to restrict CCESS () "Official SĒCfGetS" AFI "SĒCset docurrents" and to prevent unauthorised disclosure thereof.
The principal vulnerability of this legislation is linked to the wag Lee anci extensiwe definiti "official Secret".
Section 27 defines art official Secret to include:
"(a) any particularS or information relating to a prohibited place of anything trair;
(b) a rhy information of any description whatsoever relating to any arm of the Ceylon forces or to any implements of War aitaine fruse inthe ared Services orto any equipment, organizationar establish silent intended to be or capable of being used for the purposes of the defence of Ceylon; and
(c) any information of any description whatsaver relating directly Cor indirectly to the defences (of Ceylor."
There is no doubt that the nebulous character of this definition significantly imperils the freedom of information.
By contrast, French legislation in respect of official secrecy and access to government held information is markedly Tore specific and, therefore, Constitutes a Tluchless serious threat to the free flow of information, Legislation emacled in Franca in 1978 Creates the right of every

Page 13
One to have access to public documents subject to 8 enumerated exceptions. In terms of this legislation, the Administration TTlaỵ ft:fLJS[: t{} TTlakE: available the CCr:lefhls of a document where to do so would impair (1) the Secrecy of the deliberations of the government and of the authorities exercising the power of the executive; (2) the Secrecy of national defence and for reign policy; (3) the Currency and public Credit; (4) the Security of the State and public Safety; (5) the operation of the COLI rts and pre-trial procedures, except where leave has been given by the competent authority; (6) the Secrecy of personal and medical files; (7) the secrecy of Contercial and industrial Tatters; and (8) inwestigations by the authorized services into infringement of tax and customs
a W.
(3) Parliament (Powers and
Privileges) law Under the Parliament (Powers and Priwileges) Act, No. 21 of 1953, the only offence relating to publications which Parliament could punish was the publication of Committee proceedings before they had been reported to the full House. The only punish Tents which could be reted out by Parliament Were admonishinent and removal from the premises of the House. Imprisonment or fine could be imposed Only by the Supreme Court after trial.
This position underwert drar Tiatic, but regrettable, transformation in 1978 when Parliamenteracted anaendment which substantially broadened its powers. The new law authorizes ParliarTent to impose Lup) to two years' imprisoriment and finas, and expands the kinds of publications which it could punish.
These include: (a) wilfully publishing any false or perverted report of any debate or proceedings of the House of a ComsTiittee os wilfully This representing any speech made by a TerTitler in the HULISE or in CCT liittee; (b) wilfully publishing any report of any debate or proceedings of the House of a Committee, the publication of which has been prohibited by the House or Committee, (c) the publication of arıy defamatory statement reflecting on the proceedings and character of the House; and (d) the publication of any defamatory statement Concerning any member in respect of his conduct as arrier Iber,
A fifth offence was added to the list by the Parliament Act No. 17 of 1980; laThely, "the wilful publication of any report of any debate or proceedings of Parliament COntaining WCrds of staterents after the Speaker has ordered such words or statements to be expunged from the official report of Parliamentary debates".
The Corresponding Indian Law in respect of Parliamentary privilege would
Sëër T1 tot E)} COf Side poWers of Indian legi ar Tore limited. PE per Tills the national and state legislatur Who makes or publ Or Collent which ". ty of the House or til public in the Legislat
It would seem that sions in respectof P: SOUld e COffi Bi паfrower area if thер to infortatio is to Cted.
(II) Protection of Journalists' Sou
The difficulty here of Sri LirikƐ, as it stal is nothing to preve being Cortipelled to of his informaiton. must, of necessity against the practice rrialisi Till in OLur Count
SSE
it often happenist to public scardals C. exposed only if jou to information ema Wishing to remain may, for instance, be available to a jourTia timber is laking plac the instigation or Wi Sosne pOWerful per: ppen thata newspap information relating for Cal Child la BIOL dominated by an i froT the area. In this part of the reality of "inside" information tion; and, naturally, will be provided by pt at all only on the fir identity is kept a Clo The reason for this rmation is available circle and any perSOr chooses to speak, is fiable as a ta imtell sc desir to prowide inf Jarrels Frid riwalrie lved in Critinal OTI S. ties. A crime that is led by an influential exposed by a Suborg had a disagreerner Information relating Other dish Crnourable forthcoming from per ted by jealousy or i re38Or), il the SC Cas be available at all disclosure of tigid Among other reas or Otherwise be promp

rably narrower. The slatures in this regard Irliamentary privilege
Parliamet of India 2s to punish anyone ishes any statement Indermines the digniConfidence of the
E.
the Sri Lankan prowiärliamentary privilege Within a significantly ublic's right of access he adequately prote
Confidentiality of rices of fortation
is that, under the law nds at present, there int a journalist from divulge the SOUrces This state of things militate powerfully Of investigative joury in any meaningful
hat the facts relating in be discovered and "maliStS FāWÉ ACCESS nating from Sources anonymous. There Credible information list that illicit felling of e On a large Scale at th the Cornivance of sonage. It Could haher Company receives
to the incidence of Jr. in a fishing village influential personality type of case it is often he situation that only
iS reliable irlsorIT:1- "iside" ir frātir 2SOrls Who Will speak Ti COridition that their sely guarded secret. is that authoric infoonly within a narrow Within that circle who himself readily identi. Jurce. Lite often the Orration stems from S among those invoocią|y harmful activi:Orritted or COICEapolice officer may be inate officer who has it with his superior. OCrite, corruption or 2 behaviour may be "SOS Whi) är Totiwa|-will for some petty 35 O infOr TimatiOn Wi|| if there is a risk of entity of the source. 1S, a person who may led to Speak in Order
to aSSuage WOUnded feelings or to wentilato a grievance Inay hesitate to do so for fear of retribution, since there is the probability that the person against whom the information is supplied, particularly if he Occupies a prominent Station in life, will decide to retaliate. These are wery relewant considerations of social psychology in a community such as ours.
A || this Lunderlin Es the leed for the law to Confer some degree of protection on the provider of information to the extent of furnishing him with a guarantee that his апопупity Willbescгшршloшslypreserved. This is an aspect of the legal doctrine known as privilege. The Overall function of the doctrine of privilege in the law of evidence is to fortify the confidentiality of relationships which are thought to be of Walue LO The Commurity as a Whole. The identification of relationships which attract this degree of protection under the law is influenced by social and cultural factors which wary from time in keeping with prevailing values. The relationships be[WÉ Črnih štär därld Wife ad that betwem legal adviser and client exemplify situations in which the law, by resorting to the mechanism of privilege, is prepared to uphold confidentiality. The practical effect of application of the doctrines of Tlarital privilege and legal professional privilege is that a wife Cannot be compelled in legal proceedings to disclose any communication made to her in confidence by her husband during the Subsistence of their marriage, any møre tham a legal adwser can be compelled under oath in a court of law to divulge an admission made to hiT by his client Within the fra rework of the professional relationship. The question for us is whether a similar privilege should be conceded by the law, enabling a journalist to refuse to disclose in civil or Criminal proceedings, the identity of the Source froT. Which he has obtained his information. It a journalistic privilege, so Conceived, Were to be withheld and if the journalist Were compellable to name the party frC) TWhom the information has beem elicited, there is a real danger that sources of Valuable information will dry up, with irretrievable darrage to the wigour and effectiveness of investigative journalism.
Dogs this mean, then, that confidentially of the sources of information used by journalists should be protected by the law LOL0L LL LLLLL LLLL LL La LLaCaL0LL aLLLL0L0 flow of information? Unfortunately, there are dangers inherent in this course of action as well. This will enable persons inspired by petty or malicious motives to supply false or misleading information to journalists and, after defamatory material is Comfrunicated to the public by the journalist, the person from Whom the infofrilation proceeds Will be protected in civil proceedings by the clock of anonymity in which he remains enshrouded as a result

Page 14
of the privilege which is successfully claimed by the journalist responsible for the pLublication. This form of blanketimmunity available to persons providing information to journalists cannot, in the ultimate analysis, serve the interest of the community, since it could encourage irresponsible attackson individuals by persons lacking the courage to come forward and to identify themselves. It follows that the law must be Cautious and disCriminating in derTlarcating the circumstances in which the protective mechanism of privilege is recognised in respect of information provided by members of the public for journalists to make use of in their work. The nature LLL LLLL LLLLC LL LCL LLLLLLLLaLLLL LLL supplied, the reason why it is disclosed and the purpose sought to be achieved by the person Taking the Communication are all relevant factors which Ought to be taken into account by the law in deciding whether invocation of privilege by journalists Warranted in a particular case.
The unavailability of any form of journalistic privilege in Sri Lanka in respect of sources of information is consequently much to be regretted. The constitutional experience of several other Countries SLpplies useful guidelines in this regard.
Article 20 (1) (d) of the Constitution of Spain declares that the right to invoke the Conscience clause and that of professional Confidentiality shall be governed by statute. The General Principles of the Journalists' Profession, formulated under the Frarco Adriiiriistratiori, Slated : “Jibturnalists have the duty to maintain their professional Secrecy except in cases of obligatory co-operation with the adTinistration of justice, for the sake of the Common good". Section 53 of the Criminal Procedure of Germany specifically authorises radio and print journalists to refuse to testify concerning the Content and Sources of information giver) in Confidence. In the celebrated Spiege/ case the GerTan Courts affired that the right to refuse to give evidence about the source DDLLLLLL LLLLH LCLLL LL LLLLLLLLLL LL LLLLL LL the public function of the Press.
In the United Ståls (of ATTëriCä, läs Well, considerable attention has been paid to statutory standards connected with "shield laws". Although no federal law yet provides a statutory journalists' privilege, the United States Department of Justice guidelines recognize a qualified privilege as a matter of prosecutorial policy. MoreoWar, Thor thar half the Ståls Fäwe räcted "shield laws" providing journalists With an absolute or qualific d privilege not to disclose information they receive in COIlfidenCE.
This is är är i Which | W ref) TTT i Sri Lanka is identifiable as an urgent priority in the interest of buttressing freedom of expression and informination.
12
PRESS FREE
Role of th
Laksha Ka.
EE ar tyO T臀 ргoposals Perhaps more than contempt law scant most open to questi the offence, namely public confidence in justice sees is high some might Say th; principle to justify i upon freedom of Sp could be argued that the public of today i |C18{} [[]ThÎlETICE} ff" | justice as a result heaped upor a jud Wondered why the apparently Sco LurmsLur to suppress attack Jnfounded Jr Tlali. public be the finalju without resorting self-serving process judicial system in plaintiff? As orie Aus
"There ISITO TOrië of Courts should Criticised than instituitions, inclu. truth is of Course t in a free Society in OWrimerits: they if their conduct
respectand Confic if their Conduct jus confidence of a C. need the protectic shield the from
Another Criticism Scandalising the COL Wests arbitrary pow suppress Criticisms Cirilä diar Li W Reef said, it is the for IT the greatest potenti the Courts. In any BW why special protect members of the ju (. given to other in Society Such as polit

DOM SEMINAR (Part - 2)
e Judiciary: Judge and Jury
idirgamar, P. C.
schools of thought for for T1 of the law. any other branch of dalising the Court is On. The rationale of , the undermining of the administration of ly speculative and at it is too vague a mposing restrictions еech. Iп any event it it is hardly likely that s so have that it Will
he distrati of of insults or abused ge. It Tight alSO bJe system of justice is "E of itseif Llat it HaS s even if they are ious. Ought not the dge of such criticism to a seemingly that seems to turn the O both judge and stralian judge put it.
reason why the acts not be trenchantly he acts of public ding parliaments. The hat public institutions nList stand upon their arriot be propped up
i) S tot COITTA lence of a Community; tifies the respect and Jmmunity they do not in of special rules to criticism'.
of the Offence of It is that it apparently ars in the judiciary to of themselves. AS lhe 3r TI COTITission las of contempt that has al for arbitrary use by 'ent it might be asked on should be given to iciary when it is not JOrtant The Tibers Of iCiArS, adhiri Sir OrS
and public servants. If laws such as that of defamation are thought adequate protection for everyone else why not for the judiciary
The reply to the foregoing criticissins is that (i) publications, particularly those which impute improper or Corrupt judicial conduct, can realistically be said to create a real risk of impairing public confidence in the administration of justice; (ii) defamation is an inadequate way of protecting such a public interest because it is concerned with personal reputations and ary Way W. Juld TOt apply to ålacks made upon an unspecified group of judges. In any event such actions might unduly prolong the debate and so prejuduce thë administration of justica since until the matter is resolved the judge wi|| be in ar awkward position; (iii) ulike Other public figures, judges have no other proper for Lur mir1 Which to reply to criticis rTnis, The politiciar, for example, car appeal to public opinion but the judge Cannotdebate the issue in public without destroying his appearance of irripartiality,
Reform proposals
It was because of these latter LaaaLLLLLLLL LLLL LaaLLLLLLL0kL LLLLH LLLLLL aa PhillirTmore CorTnTittee, the English Law COPTIrthi SSion 3rd the Carth 3 diārth LâW Reform Commission håWE al LLaLaaLaLaLLLLLL S LLaL S LLLa LLLLLLLHL S S LLL retaiarned in some form. The latter body's proposals would most nearly preserve the Current law. Their proposal is that there SOLuld bE d fléW OffenCC KlLWT FIS an 'affront to judicial authority" which would be Committed through Conduct calculated to insult the court or attacks upon the independence, impartiality or integrity of a Court or of the judiciary. The offence WOLuldstill be triable Summarily, though mot by the judge Subject to attacks. In arriving at these recommendations therg was Tuch debate as to whether to allow a defendant to plead and prove the truth of the facts of a defence. The Commission finally decided against this partly because Such a defence Would leave the way open

Page 15
to judicial guerilla Warfare" since it would allow people to make charges simply to discredit the judicial systern and thereby gain "an ideal platform for waging their campaigns-all at minimal risk.
The English bodies propose a much Tore limited role for Scandalising the Court. Both the Phillimore Corrittee and the Law Collission consider that a CW separate criminal offence to cover this area is more appropriate than leaving it to be dealt with by the law of contempt, ie. The summary procedure cannot be justified since there is usually no particular urgency to prosecute. The Phillimore Committee thought that the new offence should be confined to itputations of improper or corrupt judicial Conduct published with the intention of impairing confidence in the administration of justice and that it should be a defence to ShoW that the allegations are true and the public action is for the public benefit. The Law Commission, however, thought the scope of the proposed offence too wide with the inclusion of "improper conduct and also that the proposed mens rea was difficult to apply. They propose that the offence be confined to publications or distribution of false statements alleging that a court or judge is corrupt in the performance of its T Hi5, fucți)15 är "at the Lil Wille he the accused publishes or distributes it he intends it to be takes as true Lut LLLHHLLLLLLL aaaL LLLLLaL LLLL LLCLkLLLaLaL LLLLLaLLL it is false...". Such prosecutions which could only be instituted by or with the Attorney General's consert Would be triable either Sturmimarily Cor upOn indictment and subject to a maximum punishTent of two years.
CoTi Tinentary
it is Subitted that the Warious OdiaS referred to are right in recommending the retention of Sole form of the offence OW known as 'scandalising the Court', how ITIUCh Should be: Etäirl Ed in a Tlätter Jf opinion. It could be argued that in view of the paucity of prosecutions, at any rate in England, there is no need to reform this branch of contempt law. Such a view, however, overlooks the 'chilling effect that the potential application of the law has. In the past this effect has been considerable. Mr. Cecil King once said:
"The actual ope against conte Tipt recent years no judicial proceedin magistrates COUr possible. In fact t
O Such Criticis T1, for tile to tiric the public interest
More recently, ho COITIITmittee COITII mer
Therië is 10t ITU press is unduly in of the ELW',
Newt teleSS the
PRESS FREE
Press a
Mangala Moo
1. Tilo IIIgdia i8 supporting the St obligations are Cor Well as a focus on the State.
2. The concern Cor Tir Tiercial wiability could simultaneo obligations to nurtu factors ConducWe Contented Social f: and benevolent pol
3. When ethnicity SitLIltiOrh threatEer hir integrity of the Stat a national duty top
a) To reflect the
b) After resea
project the

ration of the rules ... has Taħt trat ir serious criticism of gs above the Wol of ts has been thought lere has been little Or though a great deal Would hawe been im
Wewer, the Phillimore
tled:
chewidence that the hibited by this aspect
threat of prosecution
stil| hangs ower publishers. In any ewent the lack of prosecutions is perhaps Suggestive of a need to reform the law to bring it into ling with the de facto practice rather tham justifying lẽawing the law as it is,
Let us face the facts. A ricWspaper is a business. A business is not a charity. A business is established to make money. The truth is often dull. Dull rews makes
ΠΟ ΠιαΠΕν,
Prince55. Diana's matrimonial problems are much more exciting than the damage that Tight be caused to the environment by the accumulation of discarded tin cans Ote Suit (M. Everest.
EDOMLM SEMINARF
nd Ethnic Conflict
nesinghe, M. P.
one of the pillars a te and SC) ciety. Its structive criticism as all begficial acts of
of a re W5 paper it S is paramount, yet it usly discharge its re and develop those
to maintaining a abric and an efficient
ity.
* produces a Conflict 1g the legitimacy and e, the the media has effort -
2 diversity of opinions.
rch and analysis to yiews that will protect
the State and stitulate corrective measures that will be in the national
interest.
4. In SOThe Countrigs like! India, when ethnic violence erupts often and strains the stability of the State, these rations hawe adopted decisions requesting thê media to refrain from publishing material of an inflatlatory nature likely to exacertate the Conflict.
5. Reporters should attempt to cross check the Veracity of statements made on factual matters pertaining to ethnicity, They should also print all shades of opinions on a particular subject relating to ethnicity,
6. The media should try to express a point view of a healing nature that generale ethnic harmony.
TE

Page 16
Prif - 2
TOWARDS A GOO
- a Potte Plan
A. C. S. Candappa
(4) The Ethnic Question
The Ethnic Question must be given the Very highest priority. We need to create a feeling of laisser-aller - a sense of live and let live. We just have to respect one another, and when a man respects arrother, he allows that man's voice to be heard. We hawe able people con both sides of the ethnic divide who could sit down and solve this most important problern facing LIS,
In the island of Mauritius, Indians, Creoles, Chinese and Whites live in harriory. Harmonious separation is the un Wrillen la W of the land. It is known now as the "island of quiet success. A decade ago, shortchanged by nature and beset with social problems it has turned around and thrives today with a vigorous economy, a democratic government and a wealth of separa leyet Cordial cultures, Some points which need to be considered El E -
(a) Whetherade-merger of the Northern and Eastern Provinces is the best. The Norther Provincial Council will in the event of a de-merger consist entirely of one Community whilst the Eastern Provincia | Council Would be made up of three communities of a pro-rata basis.
(b) The North and East negd mot hang on to the "Homeland' theory. This is a futile exercise and will not get us anywhere. In that event, what of the large TarTil populations (both Indian & Jaffnese) in Wattala, Kotahena, Wella Watte, DahiWigla Ard Ratmalana etc. We all have our origins in the village true enough, but it is pointless to be overly sentimental in the face of a job that has got to be done.
(c) Colonisation must of course be abandoned as State policy and Woluntary settlement or a
14
proportionate bo given to the N PrOWinCes ard
ought to be a si the impasse.
respective Pro' ()r 12 DT . tWyQ represetatives
settlement and and formulate SLJitablË SCHIETTI bë OLI I nationa Prussia's in the
It is Worth studyin features of the Swi: order to appease quadrant of the is SOvereign cantons of Swiss Confederation abOut 9 prowince Constitution for ou Special federal accor Norther and East Federal constitutio Confederation came and its basis features Our Constitutional ex Without the governm With an enduring sol alsJ the ATlerican ar constitutions for gooi.
(5) Roads and trar
Most Outstation tri good today thanks to İritiative but Soria C been treated With stuk Jawatt Road, Sectic lle entre Stretch of r Narahenpita passing ԱI1,
Buses when imp. uniform size and car ther II. The delineatic Transport Ministry st fair and equitable b: Ministry with the ass specialists should m

D SOCIETY
asis With Weight:age rther ad EastErm their border regions tisfactory Way Out of this field the incial Council with entfäl (GCWEarliment specialised in land alienation Could sit he practicalities of a 2. Otherwise, War Will industry as it was years gone by.
some of the better SS Confederation in tha North-Easter land. Twenty-three Switzerland form the . We Would hawe just is in a Federal rSelws o'r ewen a modation only for the IT Provices. The of the Swiss into being in 1848 still hold good today. erts both Within and ent could come up lution here studying ld Australian federal d Theasure.
sport
Jnk roads are very
the läte President's olomb0 roads have died neglect. For eg. ins of Bullers Road, oad from Karlatte to RMW's office and so
rted should be of Ty fOLite Colours om in of routes by the O Luld be dole om a isis, The Transport istance of transport onitor and regulate
transport, again, with a great degree of fairness and incorruptibility. Bus magnates should be encouraged because they could always be taxed. Some of the efficient bus companies of yore were the SWOC of the late Sir Cyril de Zoysa in Colombo, M. Henry in Kandy Öt:
The Railways need to be modernised and the stations cleaned up. The problem of overcrowding in trains must be stopped.
As for air transport, Air Lanka Without proper management expertise, is in a bad way. Cannot we look at the professional expertise of Singapore Airlines and learn lessons from ther. The latest reconstitution of Air Lanka board is not of much benefit. In a highly competitive environment, and at a time when the best airlines are merging and cutting costs, why cannot we reach an 'understanding' Once again with Singapore Airlines so that We could draw on their talents at a price, This aspect is Worth looking into.
There is great need to develop the Ports of Colombo, Trin CorTalge and Galle With Colombo and Trincomalee as entrepot trade Centres taking a Cue from Singapore. Some of our Captains of industry knowledgeable in trade and shipping matters could be Co-opted to a Committee to develop entrepot trading and Containerisation.
(6) The role of TV, radio and
the Newspapers
The TV, radio and broadsheet Tedia must be utilised to improve the standards of the people in some of the following Ways:-
(a) Teach children and people in particular to stop litter-bugging and spitting everywhere. Spitting has become a despicable national habit today.

Page 17
(b) In Colombo, the CMC and households, for a start, Tust together helpo keep a cleaner City. Garbage must be collected oftener than twice a week. Collection every other day is better. The CMC need not Supply free garbage bags. All citizens generally can acquire garbage cans or tins of their own. The CMC could conserve thistorey for truck replenishment etc.
(c) Noise pollution by Sweep ticket sellers and in and about places of religious Worship WETE loud-speakers disturb the peace should be prohibited by law.
(d) Teach good driving habits and Care for other road users. It is a good idea to Take the entire city of Colombo a silent-zone. It can be dose. The city will be more peaceful and drivers will drive more carefully. The imposition of files will take a success of the scher re.
(7) Environment and housing
The entire Western seaboard is filthy with garbage dumped amongst the rocks. Complaints hawe beer regularly made both to the Tourist Board and Municipality but with no avail at all. The particular Ministry incharge must show concernand see that the job is done.
Rural housing is important but urban slum clearanca is of wital importance to 0. Some of the silumıs in the city Thind boggling – the one пеarest to us is just past the Wellawatte bridge where you turn into a wast sprawling slum though this is 10t Wisible frOf Th Gälle Road. The National Housing Development Authority should taka a look at this piece of slurnland for a beginning. Other areas needing attention include Grandpass etc.
Air pollution from motor Vehicles, factories etc resulting in Smog must be tackled because it has becote a serious public health hazard. Our canals in and ElroundColombo should be clear Ted Out properly and industrial effluents should not be turned into them. The Ministry of Environment together with the UDA must Work with more muscle.
(8) Religion
Follow the tireless golden rule and
"relder LIslı Cäésär Caesar's and to God God's'. Religion and mixed up. If it does th in the World. It is besti of Hindu, Buddhistan distantled - they a II. The Christirs : Ministry and rightly to of religion is dangerc be left to the cler denominations Who
without the meddles self-seeking politiciar
(9) Family Plannin
A active State fai or ever active enc FaTily Planning ASS agencies by the State promotion of a two ch media is essential. island of Mauriti comparison with goWernment, alarme consequences of it. began a family planni paid off very Well. Rec a population growth 1% - a third the ar. BO's.
(10). Forest cover
A sound and Well
of re-afforestation
further destruction of to arreStd. The FOI the Ministry of Envi a tough policy in this en COLI ragerTmernland of the J. R. years by
(11) NationalI holi
The present syste for the Private Sec PL: SCtr a should be scrapped Curtailed holidays sh to all sectors. Th; holidays prevailing : to productivity'. It is a Times analyst put years ago. In a Tult Could give every 0me and the religious ho in Order to cause problem today is t holiday, When Only religious observanc

the things that are I the things that are State must newer get Te is all the trouble f the State Ministries dMoslem affairs are re mot necessary at [ fst fläWE ä SäE }o. State patromage ius. Religion should Jy of thi : Wäritus know their job best mЕ ТЕСhimatiars Of
S.
g
mily planning policy ouragement of the sociation and similar rust go apace. The ild family through the
the dial Ocear JS, Which bears
Sri Lanka, lhe d by the inevitable s citizens fecundity ng Campaingn which :erht years hawe Seen
rätt thir of about nual increas of the
planned programme is necessary. The Our forestCOwer ITILISt "est Department and "onment must adopt regard to Counter the resultant devastation Some of his MP's
days
m of holidays- one tr Eli Jr fyr LH
another for Banks SCOT ad OB SEet Of hould uniformly apply e large number of it present is "inimical today a "holy COW' as it War y Well ab) Out tW0 i-religious Society. We the national holidays lidays made optional little Cartbur. The hat everyone is on a Tinority has a e. Also, o alter Tlate
holidays should be given when the holiday falls on Saturdays or Sundays, Who is the riad brain who devised and got away with this? The holiday schedule cries out for early rationalization. Only then, Can We
ensure higher productivity in Lur economy.
(12) inland revenue taxes
It is very important to give some tax relief to those in the Private Sector, Public servants are not taxed on their salaries and emoluments Whatever they are. If it Cannot be done equally for the private sector now, raise the tax exemption level for thg Private Sector (C) at |Bast RS. 10,000- per month to make it meaningful for those responsible for the so-called "engine of growth". This was one of the biggest gaffes made by Mr Ronnie de Mel and who could easily forget his first budget speech of the UNP government in 1977 Wher 1B (Lite T1BB|ESSly Wert JärSé loudly wilifying Mrs B.
(13) Foreign relations
Great importance should be placed on foreign affairs and our relations with India must improve a great deal, Ties with all other Countries must be friendly too. The error Thade by the Premadasa government on the Gladstone will mot easily be forgotten by Britain. That was too much hur miliatior for a friendly aid-giving Country. Both Mrs B and Lakshman Jayakoddy in the pre1977 era did a very good job of handling our foreign relations, particularly with India - culminating in the 1976 non-aligned Conference, at which particular point, no one could hawe guessed that, just ar year later, the government would fall.
(14)
As Arden comments (Lanka Guardian of May 15). JR was fond of quoting Cicero ält Oslés Säs Illäl "fléfé Wès OCCà5iQslS When in the clash of ärms, he läWS werg silent'. (silent enim leges inter arma). During World War II in Britain Lord Atkin in Liversidge W. Anderson (1942) said; "In this country, amid the clash of arms, the laws are not silent. They may be charged, but they speak the same language in War as in peace. It has always been one of the pillars of freedorn, one of the principles of liberty for which we are now fighting, that the judges are no respecters of persons and stand between the subject
Independence of the judiciary
15

Page 18
and any attempted encroachment on his liberty by the Executive, alert to see that coercive action is justified in law". In this Country our new President just must strive hard to ensure the complete independence of the judiciary.
(15)
it is now Universaly recongnized that power goes to the head and corrupts absolutely. J R did a great dis-service in foisting an unsuitable constitution on the people. As a perceptive reader quite correctly pointed out recently, prior to 1977 leaders emerged and faded away Without being a burden on the taxpayer, They obviously had a conscience. Not FryTITE.
POWg
The legislature presently has 225 members of whom there are 90 Cabinet and State Ministers, etc. There are 9 GOVEeriors, 9 Chief Ministers and so ori in the Provincial Counci|| set-up. This is Tot necessary. This Country reeds asma|| political establishment and it is hoped that the new President will prune so many unnecessary offices. Politics and politicians should not impinge on the lives of theordinary citizen. The best examples Where politics is something apart is probably Switzerland followed by Britain.
A parliamentary democracy in the true sense of the Word, is Way better than a So-called Presidential "democracy' which is very Gaullist in character,
COCl Lusio
May I say that there are many other areas not dealt with in this article. Sorre of them hawe ble owerlooked. It is sincerely hoped however that the powers that be' Will Work to usher in a new era. If the President has the singular courage to do the right thing always ignoring the Sometimes partisan advice of sycophants and lackeys Sri Lanka could still turn out to be a country Worth living in despite its unhappy past especially since the year 1956.
Perhaps, at the end of his term of office he Could like Nelson say "Thank God I've done my duty'. In conclusion, must hark back to Thomas Paine who said that "government, even in its best state, is but a necessary evil; in its Worst state, an intolerable one".
16
Peace
ObStac
ASoka Bandai
housands upon
WCT e ad chi liwes due to the po Country: people from the Unblest of ci Opposition leader
itself. Thousands turned into refugees OtherSlave lost the Capacities due to th effects of War. Yet and suffering contin
WE all lliwg With Tu the tragedy in Our C. Suffering regardles religious, class or g this shared pain an LIs together here, LO : ground and an agen
Yet, as a people
ministr Lust and Flatrgd
for us to create COnStanklyp Lullad in C COmpeting Currents ( Political extremism 2 polorized most of a middle path seems E
TE E OWE perspectives is a gre a middle ground. Mo: på SS H5 Scholarsh bİāSE{d. Th3 TE3 dia become ideological KTOWr Schlüląrg i nationalist passions more data to streng Staked out positions not encourage mode and multiply already enmities between pe
The untruths, half Counter accusations
Prof. Bandaraga preserl 'lek' ri affer Juli af F ነኂyrk.

in Sri Lanka: les and Opportunities
"age
thousands of men, ldr en haWE |0st thgir litical violence in Our all Walks of life from tizens to the major and the President of others hawe been and orphans and still rphysical and Tental | dirĒCt ad idirect ille cycle of Wiolence JeS LI r iabated.
Chi päir and fear Over Juntry. We share this 35 of our ethnic, Eerder identities. It is d concern that bring Stärs:1 for a CommiÖr da for peace.
With deep divisions. it is not an easy task :C01 SEISUS. WWE är lifferent directions by if thought and action. irid rationalis III ħawe Lur Tids. To find a 2xtremely difficult.
SS f existing at obstacle to finding stof the analyses that ip are lirTited and and a CaderTnia hima"We battlegrounds. Well awe SucCLIribed to as Tassing more and gthen their narrowly . Such positions do tration; they feed into existing divisions and !ople.
truthS, ECCLUSations, pullat Tetoo, inciting
2d Fis paparatasariinar artifari University, New
me to react in sectarian and narrow minded Ways. I am a Sinhalese Buddhist, a Woman and a sociologist by training. While each of these identities have undoubtedly ShapedandConditionedme. I am struggling to approach the issues with awareness and equaninity and to provide a just and balanced analysis to the best of my abilities.
Towards a Wholistic Perspective
A just and balanced analysis requires that We try to look at the complete picture and the interrelationships among issues rather than focus on single issues or isolated incidents. Limited perspectives present their OWTI truths bLut it is not the Whole truth. It is a Case of Flig blir mēri trying to discover the elephant by touching its separate parts.
Un fortunately, many hawe become hardened in their own nationalist positions that they cannot open their hearts and Tinds to broader positions and perspectives. The Sri Lankan situation has been presented simply as a primordial ethnic conflict between the Sinhalese and the TarTils. As a result all other dimensions of conflict and violence in the Country and their bearing on the ethnic issue are neglected. The Sri Lankan dilemma is also depicted as an entirely indigeneous one. Thus, regional and global political economic and Cultural forces which have given rise to many of Sri Lankan problems are ignored.
We need to develop a comprehensive and compassionate framework for social analysis. Such an analysis must begin with the recognition that all people in Sri Lanka - men and Women; poor and rich; youngad old Sinhalese, Tallil, Muslir and others, have suffered in different Ways and that the basic human rights of all must be upheld.
The ethnic conflict, specifically the

Page 19
arried struggle between the government and the LTTE is at the center of political violence. This conflict, however, is not separable from other aspects of violence. Violence perfricates all levels of the Society - from ethnic and social class relations to violence against nature, Violence against Women, wiolence in the family and violence against the self. Deforestation, wife battery, very high rates of Omicide and suicide are SOrle of the manifestations of this cycle of violence and destruction. We need to try to Understand how each of the different types of violence are linked, if, in fact, We are to break this vicious cycle. To do so We need analyses that go to the social and psychologaical roots of conflicts,
Social relations are lot static; like everything else they are in a state of constant evolution. They must be understood historically. Under what conditions do ethnic relations, become Conflictual? What Conditions (Tlake them more harmonious? Much of the popular and acadetic discussions of the Sinhalese-Tail issue has been devoted to debating the myths of Origin, personalities and events in pre-colonial history. Much less attention has been paid to the colonial period which fundamentally transformed the land and the people. Betting the stage for many of our contemporary problems. The divide and conquer policies of the British which pitted castes, classes, religious and ethnic groups against such other need greater examination than they have receivad.
The masses of the people were marginalized in the colonial political economy and culture; their lands usurped; their labor exploited; their culture denigrated. The Sinhalese peasantry and Tamil estate labor bore the brunt of British Colonial em. The introduction of Christianity was often forcible. It drove a deep wedge into native cultures turning a small but significant groups of indiwiduals away from Buddhism and Hinduis.
Tha Westernized and Christianized Sinhalese and Tamils, especially Tamils from Jaffna, were favored for administrative positions. At the time of Independence, ethnic and religious Tinorities as a whole were represented
in the higher echelo professional, admir entreprenuerial se proportion than th general population.
Claiming to redre to the masses governments introd educational policie Sinhalese Buddhis restricted the acCES: Tamils arnd Sinhale positions in the soc Taris We Te not thc anatagonized by til SirlhalESE Wh[] C01 Write Sinhala Were to the Sinhala only elite of all ethnic resentful of regiопа et TCE.
A much negler Competation for priv the restriction of wormen Were ili Titi government admir and clerical jobs. At less than 8 percent SCTWC WorkerS Wit the top levels. In spit and talents Worther high level decisior This is a definite O a broader approac Sri Lankan Crisis.
in a hierarchica system, there are of positions at the such a system, for to move up anot ConThe do W. Moder deter Tine Social W by rank inevitab competetion amon De etnic, class Or We Cami say tha' happened after restriction of acces social groups employment, but, same advantages people.
Compared torno World Countries : relatively egalitari

is of the aducational, iatrative as well as tors in far greatar :ir r U Imbers in thC
ss the Wrongs done post-independence Uced language and 5 favorable to the ts. Those policies of both Weaternized se to the privileged iety. The Sri Lankan only ones who were nese policies. Many Julod neither reāld mor Weherrently opposed egislation. The urban groups were also quotas for university
led aspect of this illeged employment is Women. Until 1978 2d to 25 percent of histrative accounting the till CWO Tier were
of the administrative h only 1.8 percent at e of their qualifications are stil left Out of the 1 Taking processes. bstacle to developing 1 and Solutions to the
l, Competative social only a limited number higher ranks. Within }re individual or group er must necessarily social systems which Orth and Sense of Self ly lead to intense J groups whether they gender. Om hindsight What should hawa 1956 Was Tot the s of already privilaged to education and the expansion of the to the masses of
St. Other so-called Third iri Lanka has had a n Society with a high
level of social Welfare. The free health care, food Subsidy and Uniwersal education resulted in remarkable achievements in the quality of life index - low infant mortality, high life expectancy, high literacy and electoral participation. The position of Women too is Iuch better compared to other Third World Countries.
But, the politically concious youth who were products of the welfare state wanted more opportunities. Those who received a University education in the Arts found that white collar jobs and other high status eTiployment Were not available to them. Even now, many Sinhala speaking university youth refer to English as "kaduwa', a weapon overtheir heads. This relative deprivation and antagonism against the dominant Western Culture Were to doubt factors in the rise of the JWP. Although the JWP is often depicted as an extreme Sinhala Buddhist movement, the JWP did not attack any Tamils. On the contrary, the attacks were all directed at Sinhalese da CrTed to be members of the ruling class. Political extremism led to the deaths of thousands of JVP youth and innocent civilians in the South. Yet, those deaths have received hardly any international attention.
Although the struggle of the Tamils has become a distinctly ethnic, separatist Towerment with World wide organization, many of the same issuas underlit both the Sinhalese and Tamil movements. The Sinhala youth in the South and the Tamil youth in the North have been frustrated With and alienated froT successive governments and authorities at the center in Colombo. They want equal opportunities for education, employment, political participation as well as cultural Survival.
As traditional life styles and the netural environment are destroyed and family and Community are Weakend, people seek desperately to renew their sense of belonging and Ernotional rootedness. In Such Contexts ethnicity becomes an easy refuge and the ethnic 'other, be it Sinhalese, Tamil, Muslinn or Sorne other group, becomes an easy Scapegoat for all of one's problets and frustrations.
(To be coпtiлшеa)
17

Page 20
THE J.R. YEARS - (7)
Mrs. Bandara naik
Arden
f Jayewardene was determined to
lirtinate Mrs. Badaranaike from the political Scene it was not because he thought badly of her but because he considered her the biggest political threat there was to him and his ambitions. In fact he had the highest regard for her abilities and her achievements. Once, in 1972, he Wanted to quit the U.N.P. with his supporters in the party and join Mrs. Bandaranaike's government. "if the prime minister invites the U.N.P. to join the government and her proposal is rejected by the U.N.P. | may hawe to join the government together with those U.N.P. The Tibers who support my wiews". (Weekêrd 16 January 1972)
The Sunday Observer of 23 January 1972 carried a fuller statement by Jayewardene:
"It may be that some of them do mot Wish their privileged position to be changed and are opposed to the new society Which the governmant seeks to Usher in. It had to be granted that Sirima Bäridärä läikigo Lush greg diri Tin Orego SOCialist reforms during the seven years she was prime minister than anyone else or all the Others had d01ë bGTOrg 1Gr. Ong had to concede that her government's egalitarian Concepts which finally brought about a total change in the Colonial structure of the lational econdmy were to a large extent formulated and driven through by her Marxist partners. Much had already been done during the first two years of her administration and Tuch Were (sic) on the drawing boards. In that context it was obviously statesmanlike to support the ir Tipler Tentation of those Teasures".
At that time Jayewardene was professing Socialism. He said these things While he was Leader of the Opposition and Deputy Leader of the U.N.P. He found himself on the carpet. Om 12 February 1972 at Srikotha, the U.N.P. headqua
1H
rters, the Working C met and adopted a a five-Ila special
into Jayewardene's milled suitable m Dudley Sena mayak and Jayewardenet the U.N.P. Mothing
Long after Mrs. BE deprived of her civic a Buddhist prelate (t TITā Warsa, head o ya) led a delegatio before President Ja O TEällt ärld restori FLm 15 May 1985). startled group of m Bandaranalike's go taken his only som ir 1971 insurgency an ina in plate, The ci it then as act of rew: arlswer. But elimina ke from the political : to Jayewardene the La Flussiiliä til his : from his point of measure. He knew else how fickle the When the pendulus gowerTriment as ital' Sri Lärka, 1 did leader a Wailable tot
dene's entire strate ction before is terr using a referendur the parlament in Wł of the Seats, by six r On Mrs. Bandaran: unavailable as a ri gwen being permitt for any other oppor
This was a progr, Jaye Wardene's per carefully thought OL
In February 197,

ke's Civic Rights
ommittee of the party resolution to appoint COTTittee to inquirg Colduct and re-COeas Lures to be taken. : died on 13 April 1973 DeCare the leader of care of the inquiry,
andaramaike had been : rights by parliament, he late Kosgoda Dhafthe AITarapura Mikaof Buddhist Torks yeWardeme to ask hirri a her ciwic rights. (Fo
The president told a onks that it was Mrs. Jwérlsfléfll lät häd to Custody during the Id given hirin his meals hief Ilok asked, Was 2nge? He received no ting Mrs. Bandaranaiscale Was Tuch Tore In a Tere tit-for-tat for SÖf Lrderwert. 1 WäS wiew a wilal political more than anybody electorale Was ard, Til sWung against the Ways seemed to do in Ot. Want à charis That|C he other side. Jayewa=gy of Seeking re-elleTi Was Cowper, and the 1 to extErit thit: lift: tյք 1ich gläd fswE-Sixths more years, depended like not merely being Wal Candidate bul r1Ol ed legally to CanvaSS
erit of hiS.
arrie which received SCsal allerti); it Wäs It step by step,
B, following the moto
ricos pārli arritary privileges Case, the Special Presidential Commissions Law, No. 7 of 1978 Was eracted. This law authorised the appointment by the president of a commission with the power to inquire whether any person or persons had been guilty of any act of political Wictimisation, Tisuse or abuse of power, CUrruption Cr årly fra LICulent HCt and to recommend whether any such person should be made subject to civic disability.
Article 81 of the new Constitution, which came into effect on 7 September 1978, empOWered parliament to impose the pealty of civic disability for a period not exceeding 7 years; and, if such person Was a member of parliament to expeal hir TI frOfTi parlia T1 EIt On the recommendation of a Special Presidential Commission, by a resolution passed by not less than twothirds of the entire membership of parliaTent. This requirement of a two-thirds Wote Was easy for President Jayewardene's government to cornply with. It had the added benefit froThis point of view that any future government (elected under the P. R. system, and SC Linlikely to hawe a two-thirds majority in the house) could not Luse such powers against him.
In August 1978 a Special Presidential Commission, comprising two judges of the Supreme Court, Weeraratne J. and Shawana da J., and One fror the Thirr judiciary K.C.E. de Alwis, was appointed by the president to inquire into events that occurred during the period May 1970 to July 1977.
Within a month, the two supreme Court judges received unexpected Seniority by the circumstance that the Supreme Court Was reconstructed excluding 12 senior serving judges, four of them being demoted to the appeal Court and the other eight being left out altogether. This unique event in the history of the Supreme Court Sent ShockWaves roundlegal and political

Page 21
LLLLLLLLS LLLLL HHHLLa LHHLHHLLL H LLLLL LLaaLLCS ratne J. Went up to fifth place in the court from eleventh place; Sharwananda J. Went up to sixth place from fourteenth place. The minor judge de Alwis was pushed up over 18 judges of the high Court to the appeal court. As a conseqшепce of these measures the president of the Special Presidential Commission, Weeraratne J. was able to become acting chief justice before he reached retiring age; Sharwanainda J. Wasable to end up as chief justice, The third ember of the S.P.C., de Alwis, was destined to end his career ignominio Lusly.
The CTiSSis STW doli C8 OT1 SEWEral persons that it intended to inquire into their conduct during the period 28 May 1970 to 23 July 1977. One of these persons Was Mrs. Bandaranaike Who had been the Prime minister during that period.
Mrs. Bandaranaike challenged the legality of the S.P.C. before the appeal court. On 9 November the appeal court handed down its ruling that the S.P.C. had no jurisdiction to inquire into, or report om, or Take recorTrendations in relation tC, Mrs. Banda, farnaike's ädr Tinnis lrätiO ii bOeWge 19 FO Td 19 F F Sir Ce that WELS E period prior to the enactment of the S.P.C. law. The appeal court issued a Writ of prohibition accordingly on the S.P.C. The government's rejoinder Was to rush two bills through parliament. The first of these was the Special Presidential Commissions of inquiry (Special Provisions) Act No. 4 of 1978 declaring the judgment of the court of appeal to be null and Void and the writ of prohibition of no force or effect in law; and giving retrospective effect to the offences alleged against Mrs. Bandaramaike.
The Second bill was the first a Ticdit to the 1978 Constitutio. This a Terld Tent bi|| Of 20 MOVeľTiber 1978 authorised parliament to takeaway jurisdiction in any category of cases from the appeal Court and Conferiton the suprefTe LLLLLLLLS LL00GLLLLLHa LLLL LaaLLL LaLLLLLLLS ctive from 7 September 1978.
The president was clearly announcing that a Teat bou Sir SS ārld Häid 1C) ir tEntion of permitting the courts of law to stand in his Way,
|rn May 198() tWo eh exquisitely illustratec nking style:
1. The govertin signed the Int or Civil and P act Sri Lanka L. to Coffel CeS re impose penal effect.
2. MTS ESTE.TE
led before t rétr(Jäctive C| iIl-defirieti I rħid ctive penaltie:
Mrs. Bäda raail the S.P.C. a told SubTit to its jurisdic in a parliamEntary minister and her cab responsible and ans government of the ( ment and Lulfir That Cell: general election."
The S.P.C. t. and, pril 25 Septem Bandaranaike guilt "abuse and/or Tisu. dentally, this happi anniversary of the husband Solo To E
At this stage the C urged the governm: quences or legal . flow from the report CoTi Tission". Mrs. been found guilty UJI wed the triural to of evidence and to WTiltgr1 Cr (JTäl, Whit: ble in a my Co Lurt in C dings". This law C procedure. It Tadi COTITissi) "finlala not provide for any troactive in effect. T Were in Contravel
Foot
"ill-fled at W
NIE SEErill a Well-publici 5: [:] A III, III: Tidh Thilaka derTmanding Rs.100 rrtillik he took LupthiapasitiJrl Lil' had actused hirt of we If yo, hich hi c::Lukid Tirol fsprisitol.

ents occurred which | the president's plo
Tert of Sri Lirika
armational Cowenant olitical Rights. By this indertook lot to Creatroactively and not to LigS with retroactive
Analike Was SuurThrTC)- S.P.C. LO SWT marges which Were
Wic CHIEC IEr Oà
.
ke appeared before it hät SE resuSEL Q tion since, 1er alia, de Timocracy a prirTle inet were collectively swerable for the good country only to parliato the people at a
proceeded ex parte ber 1980, found Mrs. y of the offence of se of power". (CoinciEl to be the 21 S 1 assassination of her Bandaramaike),
ivil Rights Movement ant that pernal Conselisabilities Should Tol of a "mere fact-finding
Balda Tanaik El Flå i der a law which allignore the normal law adimit "any EviderNCÉ, th might be inadmissiiwill or CrimTiinal proce-Ontained no rules of a the findings of the nd Conclusive" and did ' appeal, and Was rehe proposed penalties ]ti{}r) Of the irllers la
II, quiller ECEIlly, Jäytë''' är ded claim, through his lawyers, siri of the Surday Observer, snas dafTiago for allegedliko, iallheiripropics aicis Thilakasiri rg LCBClive Cabriel decision: ble held Solel and PETSICIT:ally
-tional obligations the country had just voluntarily accepted.
The president was not impressed by the C.R.M."s arguments.
Public meetings were banned as a precautionary measure,
Two resolutions were rushed through parliament on 16 October 1980 and, in the now familiar style, both Were passed on the same day.
One resolution deprived Mrs. Bandaranaike of her civic rights for 7 years. The other expelled her from parliament,
The president was not pulling his put cigs. Two amendments Were Tiade to the ParliarTentary Elections Act No. 1 of 1981. Section 68(1) of the Parliamentary Elections Act - prohibited any persom disqualified by a parliamentary resolution from in any way participating during the period of disability at a parliamentary election (including speaking, canvassing or acting as agent for a candidate). Section 68(2) made the contravention of Section 68(1) an offence punishable with imprisonment of up to six months or a fine Lip to one thousandrupees or both.
Section 92(2)(c) disqualified a candidaleat whose instance such a person particlpated.
Two similar amendments were made to É Presidential ElgCitionS AC. . 1 ( 1 ցB1.
All this for fear of Mrs. Bardaranaike's charisrina! It Was ād Fhor777r7ermi legislatiOn.
The only persons who up to then Could not canvass, or campaign in an election were those who had, Within a period of seven years preceding, been found guilty of a corrupt practice at an election i.e. those who had been found guilty by a Court of law, of offences committed during and in connection with an election (such as impersonation, undue influence, Dribery, treating, making false statements about the character of a candidate etc). The law permitted those who had been found guilty of any other Crimes (even murder) to canvass or campaign at elections.
Not Cortet with Ea|| this TICäsures, il August 1981, Jayewardele, using the Public Security Ordinance, took possession and control of the headquarters of the S.L.F.P. He was making thorough plans for the elections which were due in 1983.
19

Page 22
Correspondence
UNP and class factor
The U.N.P. started with the itlage of the rich man's party—symbolished by estate owners and symbolized by Colombo Seven ladies - painted with imported cosmetics draped in expensive Manipuri and Benares sarees. For this image they Were routed in 1956. They then calculatedly changed their image into a Common Man's party using the Khadar-clad plebian image of Premadasa with his people's lingo style to come to power. When the U.N.P. felt that it was strong enough with 4.5 million members it attempted to dispense with Premadasa in an abortive Parlimentary "Coup", He Was made use of and an attempt was made to pension him off. This was the fate of the man who started with the class-oriented Labour Party.
Ruling the daily surface occurences of politics is still the conflict of classes and the split in the U.N.P. to-day is a class split.
The question now is, will the rural and city poor who came into the U.N.P. under the banner of Premadasa now feel that they should look elsewhere to represent their interests. This question will be decided by the coming tussle within the U.N.P. itself and whether the Premadasa interests in it will wrest back power. Hema Premadasa will be one of the key rallying figures in this.
The D.U.N.F. can be ewe mtually expected to re-join the parent U.N.P. since the class obstacle signified by Premadasa is removed. The Liberal Party of Sri Lanka too can join the U.N.P. more formally since it Consists of a clique of rich WOUng The with plenty of dough as well as time.
In Asia, political assassinations have helped the right-wing; the assassination of Sadat led to the pro-Western Mubarak in Egypt, of Rajiv Gandhi to the blatant capitalism of Rao in India, of S.W.R.D. Bandaranaike ultimately to the Capitalist retrogression of 1977 in Sri Lanka. What impact will the assassination of President Premadasa have on Sri Lanka? It will remove a good part of the populist image
2O
Of the U.N.P. The hawa to look els Capitalist bias of th Thore pronounced.
The father figur Jaye Wardene, is influence the cours Party. His non-invol marked by his abser Day When Premada and by his absence he was a schedulec is represented by R the new P.M.
Point Pedro
As a regular and journal I wish to Amirthanayagami's Rogues' Wounds" 1 , iSSL le,
Under Wiolence, ra article the author Minister SoloTO C Wonder whether the that all these proble to Bandaranaike an to be the current tre COUntrytoday. Al prc to the Bandaranaike. of history. What abo the time of the Donou and Universal AdultF for Sinhala only, Tarn SO On? Aren't those CLIr |JfeSert situaţii go further beyond th Origin of the present these go to prove th; We could use ethnicity that Was the time wi not a talking shop and S.J.W. Chelwanay Thiruchewam with debate and argue ar there was no wiolenc gUm Culture. But tod talking shop and alth gone underground an and the gun culture, gentleman party politi of Chelwanayagamar
Today We hawe to Whom We hawe produ

isadvantaged might Where. The Lurtar U.N.P. Will becote
of the U.N.P., J.R. parently unable to of events in his old ement in politics was ce in India on the May a was assassinated, at the funeral where speaker. But his clan nil Wickremasinghe,
Patrick Jayasuriya
to Dondra
een reader of your :OTiment on Indran
article "Heal the ppearing in the July
pe and murder in that begins with Prime lias Bandaranaikg. | writeris of the opinion is should be traced 1956. This signs 2nd Of gWents in Our ble This are attribuled S. Hawn't We a Serħse ut the 1930's during ghmore Constitution ranchise and the Call il also and 50/50 and also responsible for . Perhaps We could e 30's and trace the war in Sri Lanka. All at Was a time whe
to get to power and her parliament was i We had people like agart and M. whom Cпа Could ld make a point for 2 and there Was no ay parliament is a e many forces hawe d w hawe violemCe and We have no cians of the calibre d Thiruchewan.
live with militants ced because of the
Wrong leadership given by own elders in the years gone by and We still seem to think that War is the answer to solve all our problems. We have not realised that the causes for the war which are so deep and complex cannot be eradicated by the victory of the Sri Lankan forces and communal politics which as Minister A.L.M. Aboosally spelt out so clearly last Week in his lecture to the All Ceylon Muslim League as reported in the Divaina, which is not the thinking of the common people is still being used by party politicians of all types and breeds to fulfil their dreams and visions based on personal ambitions,
How long are we going to suffer as a nation, because of the so called political leaders We hawe got in our country today? lsn't it tirne for the common people to produce common leaders who will know better to govern this country than what We hawe had in our land during the last 60 odd years. It is certainly time for people of goodwill in our country who hawe chosen to live and work in our land to get together and produce a new leadership that will think in terms of the needs of all our people from Point Pedro in the North to Dondra in the South. When will this happen? Will our leaders allow this to happen?
The Wery Rev. Sydney Knight Deän Cathedral of Christ the Living Saviour
Repartee or Ribaldry?
Wonder Whether S.W.R.D. Bandaranaike's sneer on Dr. N.M. Perera, "the obscure Sort of a Timore obsCure father", is worth remembering (LG, June 15). For me, it seems like an example of ribaldry rather than repartee. By that comment, did Bandaranaike attempt to show the Ceylonese that the Sanasamajist leader Nanayakkara Martin Perera did not belong to the wala wwe-class of Mudaliyars who licked the boots of their colonia Tasters for patronage and petty privileges? Or could it hawe been the expression of an inferiority Complex that Bandaranaike harboured due to his inability to match Dr. Perera's academik: Credemilials?
Sachi Sri Kantha Osaka, Japan,

Page 23
Why there's so in this rustict
There is, laughter and light banter Tungst ties: rurald:11:4:ls Who arc BLIsy Sorting Cut lub:CCC leaf in 3 barri, It i r: i the hardreds of Such
barns spread : ut in this: Ethird and Lux-mountry LLLLLLLH LLLL HuLLLLLL LLu aLLaLLLLL LLLL LLLLLLLLS dallo, during the Off sez1501,
LLLLLLLLS LLLHH LLLLLLL LLLLaS aLLMLLLL Teaaaa0 KO 0C LLLeOLL LLL LLLLCHC HLLL LCLHL uLCLL CtglLHHLLaL LHH L gold, to the Jalue of nir Rs. 250 million or more annually, for perhaps 143,000 rural folk.
 

魯 ENERCHINGRURAL LIFESTYLE
und oflaughter obacco barn.
Tabaccan is the industry that brings er Tıployi TErit tra
hic seconci highest number of people. Amici 1h3:52 pECple a Tg the Icobacco barri, CWTIETS, EHE: trabx: CCC growers artid thitys: Why I WYork, for thETTI, JIn the la Tid a riċi liri the bar Ims.
For then, the tobacco leaf regris Tearingful work, a Corinfortable liferid a 4:Lire future. A 3Cd Cerrough Tea sciri fer laught ET,
Ceylon Tobacco Co.Ltd.
Sharing and caring for our land and her people,

Page 24
PEOPLE
Celebrating T
C
Dynamic
In 1961 People's Bank ventured out in the of only 46... and a few hundred Customers
Today, just 30 years later
People Resource exceeds 1 Customer Listings at a sta Branch NetWork in exCeSS
in Sri Lanka
In just three decades People's Bank has g in the Sri Lankan Banking scene. Their spec resources at their Command dedicated
dedication that has earned them the title
PEOPLE'S BANK
Banker to the Millions

'S BANK
Three DeCades
f
: Growth
challenging World of Banking With a staff
0,000 ggering 5.5Million of 328, THE LARGEST
rown to become a highly respected leader ;tacular growth is a reflection of the massive to the Service of the Common man - a
"Banker to the Millions'