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 1993.09.15

Page 1
ANKA
GUJAR
VO. 16 No. 1 O September 15, 1993 Price F
PRESIDENT D.)
The MP an C
Politics and the
CONFLCTR
A newv grOV
The vorld”s e1
- Davia
RAMANUJAN
The J. R.
 
 
 
 
 

এ*', fنی؟؟'
DAN
S. 10.00 Registered at GPO, Sri Lanka QD/43/NEWS/93
B: Here I stand
- Mervyn de Silva
nis con Science
— Chanaka Amaratunga
abuse of power
- Bertram Bastiampillai
ESOL TION
Vth industry
- Laurel Shaper Walters
thnic hot spots
i Binder, Barbara Crossette
- Д. na ne tih linker
WearS: Arden

Page 2
tSyOUF
 

t

Page 3
TRENDS
Rice too to be imported
Sri Lanka, though a rice eating nation, is of expected to produce enough to filal stomachs by next year. Asubstan fial quartity of rice, 700,000 metrictions, is to be imposted in 1994. Anticipating a shortfall in local production the Food Corrissioner has Caled for residers from prospective importers.
The relevant government ageпсles have not given any reasons for the expected shortfall but
Left partie
Two of Sri Lank: Danies, ffe Co Sri Larks Frīd Samaja PагӀу : following discus Over the pasffe аге по ѕідпї BETWEET LJE ПО Secretary Bally ΗΠηOLIΠαίΠg T7erger, Tref Wa SEEJą rafe WaySË
analysts have observed a steady aJ0 fo/IDW
downgrading of agriculture over difffferences
the past few years.
SUBSCRIPTION RATES BRIEFL
Air Mai 1 Terrorist,
Canada/U.S.A. PréSid=ft W USS 65/ for 1 year audier Ceir til USS 45W for 6 Ilonths HambaFntota, t
朝 Wrong and
U.K., Germany, New Zealand, ALIstralia, Netherlands, Fränce, Japan, Holland, Philippines, Austria, Norway. Sweden, Chı illia, IIrela Ilıd, Sıwitzerlarıdi. Nigeria, Belgium, Denmark, Paris, LondoIl.
USS55W for 1 year USS 35W for 6 months
事
Hong Kong, Saudi Arabia,
Dubai, Baharin, Arabian Gulf, Syria, Singapore.
USS 45W for 1 year USS 25W for 6 on this
墨 車 India, Pakistal.
USS 40W for 1 year USS 22W for 6 Torts
重
Local.
Rs. 250/- for 1 year Rs. 150/- for 6 Iloths
describe the
North-East problertin. What Was a terrori; Pr63 Sid3t 53fj.
"TETE IS (ethnic) proble the country's live among Community. Secretaries a President Said.
Տhip with
A red alert W. the Adria following Indi reports that a саптуing Weap explosives was the Indian penir the Hindu specu

esto merge
Isolderst Leftwirg mLnist Party of f9 arī kā 5ārā are due to merge, sions towards this Wolfs, "There ïCart différences w", LSSP General F ir ā he forthcoming o parles Werfff7eir rost six decades ng scealogical
D
Was probably heading for Sri Lanka, With military hardware for
FELITTE
LaWasia asked to probe
killing of lawyers
Twenty-two lawyers have been killed recently in politically motivated acts of Violence. At a meeting on August 30 the United Lawyers Association adopted a resolution Calling on LaWasia, Which Was due to meet in Colombo, to appoint a commission to investigate the killing of lawyers in Sri Lanka by state sponsored or other death squads.
Y. . .
not ethnic
"ijetunge told an 2 deep South, at hat st Was quite
misleading to situation in the as an etic | Sri Lanka Hled st problem, the
really no such T; 40 per Cent of Tamil population
the majority Two of rην Te Tamil", the
explosives
as Sounded along Pradesh Coast an intelligence
Canadian ship OS di RDX moving towards Sula. A report in lated that the ship
GUARDAN
Wol. 16 No, 10 September 15, 1993
Price F5. 1 OOO
Published fortnightly by Lanka Guardian Publishing Co.Ltd. No. 246, Union Place .2 = סmbם|םC
Editor Mervyn de Silva Telephone: 4.47584
Printed by Ananda Press 82/5, Sir Ratnajothi Saravanamuttu Ma Watha, Colombo 13. Telephorie: 435975
CONTENTS
News Background 3 Erosion of Ethics 轟
The Constitution is
COStitutilali5T Media and Ethric Conflict Yugoslavia Breakup 11 Согтesропdвпce 13 The J. R. Years (10) 15 Perl 15 Conflict Resolution (2) לו HotSpots TE Ramaпшап 2O

Page 4
WITH THEO
Ceylon Th
Distrib)
RANK
PHOTC
TYPEW
PLAN
TELEC
“IT MUST
No. 08, Sir Chithampal: COLOM
T. P. 43G, 43.
 

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Page 5
NEWS BACKGROUND
From Jaw -
Mervyn de Silva
resident D.B. Wijetunge is a P:: politician. But that reputation has not protected him from a Combined assault by the Tamil political Establishment, principally from the two traditional parliamentarist Tamil organisations, the T.U.L.F. and the Tamil Congress. President Wijetunge recently Trade his position on the issue of "War and Peace" very clear. There is no ethnic problem in Sri Lanka he said, adding in the plainest of language, that there was only a terrorist renace. The reaction of the overwhelming majority of Sinhala Votershas ranged from un equivocal relief to total support and adriiration. "The ethnic problem remains unresolved and We have to impress upon you that an acceptable resolution of this tragic problem should be the forer nostitern on the agenda of your government" concluded a TULF statement issued on 11/9. (SEE EXCERPTS). The Tamil Congress leader Mr. G. G. Ponnabalam Jr. was more outspoker, Hesaid the presidentsees to have "great difficulty in appreciating a simple point.... that there is a terrorist problem because there is a Tamil proԷյltրll",
Like most ranking politicians in societies plagued by violent conflicts presidents and prinne ministers in this island hawe often switched from "soft-line" (negotiated Settlement) to "hard-line" (military solution) in necessarily self-protective respoInses to the fluctuations in mass opinion. But President Wijetunge is no smart-taIking politico. Ironically, it is his settled image as a plain-speaking man that Seerns to hawe got him in trouble With the Tamil politicians and opinion-makers, They know he really means What he SayS.
But that's not all. This goes beyond platform pronouncements. Actions, Serious meaningful decisions, hawe a CCOInpanied the statements. Most of all, the changes he introduced in the Commaind-structure of the Armed Forces and the
JaW
decision-making; Collar-ad-CO
The J. O.C. flas
är Ted forces ardtF sible to the Defen Other ministry butt of the War Will Ele t of the three Service ittle döLubt †lät it ist ltg:Idal blow of the J} Cre. On July 24 whi policy-cum-structur: Whole islandanticip "Celebrate" the 10th July", campo corTima WETE. Ca Lught CorTip: AFTy Chief, Lt. Ger 13 WELS fu rifjLISHE after the court-mart CerS made it clear th dra W hEire. The IE fall-ÖLut. The Jarak July was followed
LTE victory at se Prabhaka rätt Ore-tW DVORIA Clą55 fast-3
Il arlot Ear Towe nCarns Torale of th has been decided th be decided Techani
TE; Il a interwiëW rdene of the Sunday Cretary Lt. General E said: "Perfor Talce THE Tigri at the fr officers and person receivE Tore attanti OOOOTore recruits
The questions wi||
(a) What happens ThCondamam's annol ЈаfIпа опce again?
bhakata of the first
(b) What's the UNF Woling patterns oft

to War - War 2
in military ".
|argon,
been Scrappeld. The apolice Will be respoe Secretaryasin any |e actual prosecution e direct responsibility Chiefs. There Caribe he shattering psychoNAKAPURATāSSach las led to these ill changes. With the ating LTTE attacksto anniversary of "Black inders on the frontline letely of guard. The eral Cecil Waidya raremarks before and at of two Senior offat he had decided to test changes are the apura disaster in late Within Weeks by an a, the characteristic vo punch. Two Israeli tack Craft Were sunk.
which directly coa men at the front, it at promotions Will not Cally On seniority aloWith Rohan Abeywa"Times, Defence SGHamilton Wanasinge Will be the Criterior". Ont father than thG ai COOTO Wi Or, And thre Wil||be
available.
need answers SOOn.
t3 TOLJIriSm1 MirhiSter JICE di Towe to WiSit He didn't Ileet Pratriբ.
Calculation on future Emir Orities — the
Tamils in the south, the plantation Tamil vote-bank Which Mr Tondara's CWC always commands e.g. in the Provincial councils polls recently.
(c) Tamil-speaking Muslims of the eastern province, and middle class Tamils in Colombo. Finally, there is the other, non-voting but increasingly important donor constituency... the US-led Western group as Well as Japan, together With the
Thore influential NGO's.
MEDIATION
Mr. Thorndaman had met expatriate groups in Paris and London. The move by the 4 Nobel prize winners was also a Western move, with a clear Canadian Staпp.
Increasingly, the presence of refugees (particularly from Asia, Africa and the Middle-east) has become a EC preoccupation. Though these look like straws in the Wind, there seems to be some serious thinking on a possible initiative on Sri Lanka — Tediation that is, mot interWE3ntion. It is the frightening fall-out from the Yugoslav break-up, of course, which has prompted Western policy-makers to turn their minds to mediation and Conflict-reSOution. Even if "resolution" eludes the "peace Takers", ceasefires, buffer zoes, etc may satisfy the Would-be mediators. "Security" in the north may create condtions that may justify the repatriation of refugees and re-settlement in their former homes. Without the burden of defence spending the government in Colombo could invest much larger part of the budget in development projects. Foreign investment Will increase. A stable, prosperous Sri Lanka (a potential NIC) Will be better for tradé and investmEnt, Sélf-interest is the motor of benign mediation and intervention, even if only diplomatic at first.
If there are howls of protest against a more serious military effort, We can read the signs better.

Page 6
Sri Lanka
Bertram Bastiampillai
thics examines the laws of morality
and formulates rules of behaviour and conduct. It gives to public life and politics acceptability and legitimacy. Basically, ethics in politics or public affairs denotes the rightness and wrongness of a goveTiment's conduct. It would define the ideals towards which the public institutions of government and personalities ought to be Working.
Lord Acton Saidit, SUCCinctly and Urambiguously, that the great question for politics is to discover not what governments prescribe but what they should prescribe. The connection between ethics and politics is transparent because on every political or public issue, the question could be posed whether it is right or Wrong. If we agree, and We certainly cannot disagree, with the English statesman Fox What is morally Wrong can never be right either politically or in public life. Politics and public life, both hawe to be goVermed by ethics.
if We examTimed public affairs and political life in Sri Lanka during the last decade or so, it becomes evident, may even strikingly obvious, that We hawe ignored ethiCS, and even violated it often. By what moral law or righteous rule of conduct, for instace could We Condone a referendurn that Was held to postpone a general election and then for a political leader to manage the country with a majority that had been gained at an election held according to a different set of rules that had beer already replaced by a new Order. Such a majority was useful as Tuch as Tatters of resignato Were to One Who Wanted to have his Way, regardless of all morals.
Aristotle, the great Greek political thiKer, stated that While the state Castle into existence for the sake of life, it continue to exist for the sake of good life. In Sri Lanka, We do mot Hawe a right to life, and in the last few years, it was made unmistakeably clear to us that life itself is never certain for us. Who killed and Why, and who authorised those killings to be done, still remain shrouded in mystery and Se
Frofessor Eas|ampla teaches al la UniverםRחחס/סf Gט sly
4
ErC
crecy. It suited peopl others should disapp ther of the liceties of
in such a situation has abandoned the he considers himself ly alive. Those at the and life have paid Sc: to the public who ha power so much so th to explain to their public how and Why killed untimely, in E Private armies abour from those in powe guess who killed.
O COStil Luti individualS Wlich HC ned only in a moral.c highest public auth indifferent to morality scant regardewento are rights except as a Constitution. ThoSE re Warded and promTc behaviour Was impr was governed by OrdET.
There is a CaSC ir rnment against at erstwhile position in Order Taistenarco Was high; and virtu wanted, he disapple da Wimis, he arriWES, disregarded, and loi we has Comeback, in the eyes of Some, the law successfully rmed by the media nature that provide. figure who up to the dreaded figure who sight according to th: that ends well app. of the high and Tig Luth Criti ES, WHO HF ethics in public life. not the Thearls; arme had been Solved 5 Wild latter.
We are told tha

bsion Of EthicS
e in high places that Bear — then why b0
ethics.
many a Sri Lankan uest for the good life; fortListët) bòE TIETEhelm of public affairs ant respect Or regard ld wested ther with at they do not deign so called Sovereign
so many had to be Tri Eole rarer, ided with no question ir and wea Carm Only
nshrines the rights of Wewer Could be defiOltext. But Willer || The brity turns, out to be Oretics and shows judges, of what Walue
items catalogued in a judged Wrong Were ted. The Standard of opriety and conduct disregard for law or
Istituted by the gove- il dividL WOSE the real of law and ironically enough, ally unfettered. He is ars. Then a file day legal proprieties are and behold the fugitimioW ewe aS a her0 After all he had defied "...The public are infoof deals of a dubious I for THE return of this in had been a TLC
had to be taker in Or 2.government. Als W| ars to be the attitud hty, public or political is time for morals or The end matters and mbarrassing problesT) satisfactorily to those
t the State Exists : tÓ
promote social good on the largest p0SSble scale. If this objective is to be realized, the state has progressively to recognize and embody the fundamental rights of man, political, economic and private. The basis of these rights lies embedded in the membership of those in Society and the moral order underlying Social relations. To What extent are the fundamental rights of man valuable or meaningful When a state of emergency continues, interminably regularly renewed, buttressed by frightful laws enacted in terms of it. It is needless to recount the questionable arrests, lengthy incarcerations or the selective application of laws depending on the caprice of those in high places. Even peSons returned on the basis of a popular poll to local legislatures could be kept Confined. Trial Carl Walt De CaLSE 10 One bothers about the moral order that promises that there shall be a right to speedy judicial trial if one has been taken into custody. Justice can give Way to expediency, and where is morality ponder the public.
EEctions Fre Bld. PErSOI1äliliéS äfld parties are returned. With victory follow bargains and compromises, and yet another deal is through. Who cares for the Tanifesto, why bother about the mandate? Whatmattersis power. As Machiavelli advised "A prudent ruler ought not to keep faith when by so doing it would be against is interest, and Wen the reasons which made him bind himself no longer exist". After all, the reasons for the earlier choice was mostly to ensure election and now that reason has ceased to be. If one did not change now it would be against one's interest. Why should one keep faith? Prorises are meant to be kept by lesser Tortals and not by the superior politicians, as much as the debts to public banks. The people may be sovereign, after all they are told so, even though during the past recent years even if the sovereign people could not, or did not Wote, their wotes had been often Cast, as We have been told. And once voted in, by whatever way, why bother about those sovereign because We have noW got the Spoon into Our hands, think those that were elected. Let us ladle out the gravy and with so much of gravy why Worry about thrift. Five years is ade

Page 7
quate enough, (of course, the government with a fourfifths majority did not think Sol) and when the curtain Cories down, the pensions are there. And there is much more of it, if one had been in higher positions or is the widow of someone who had been in Such a lofty place. And all throughout the people are told that they are masters and that those who govern are their Servants it looks better to serve in this style rather than reign as the sovereign people,
Governments hawe Set Lupo Committees merely to kindle hopes among the people. There were the All Party and the Political Parties Conferences before 1988; and then the All Party Conference that was set up later. What did these achieve, apart from being only a burden on the public exchequer? Now the Select Committee too seems to be heading towards a fruitless end. Why should there be delivery om promises When one Wants merely to buy time and keep the people lulled in a state of expectation? Promises have to be kept not by politicians, but by ordinary members of the governed public. In their book of ethics, promises are mere means tO ar gld.
In the same way why should one bother too much about pre election promises, whether hopes had been aroused in regard to pensions or pay, or decreases in the cost of public utilities. The public can wait, there is time to Woo them again. Meanwhile, there is nothing immoral in breaking faith. After all, moral standards can in the long run get modified by "civic habituation". The people get used to duplicity and deceit in politics and public life, and they patiently wait and Watch.
This is a time of anonymous, Scurrilous and slanderous circular letters and leaflets. But such exposures mean nothing when even media exposures of the coInduct of those entrusted with maintaining läW, and Order lewe thig Uhurt. ThOSE in charge of public affairs have got inured to these allegations whether they be from the political or higher public official ranks. And why should those in political authority bother about what the press states? To whom are they accountable or answerable however much public confidencernay get undermined or eroded because of a reportage of derelictious andrnisdemeanours of officials?. It may be better to bring an end to such exposures by muzzling the press rather than to investigate and report
on the truth or fals: tions for the infortla attitude here explic not Care, so longa: can say What is Wr thern to do so.
Conventidriš, no e West la WS do not Se in the public life or in recent titles. If the titor to reckon With that riwal. Your plian to supporty Oluf mea mly it could be; get rights removed, whe find another guilty of jSthe Tofal harg!AT to it, legislate using rcome the obstacle EWE if it is TeWe || hawa a WCOLE . Of This against the Leader practices in Paradis
Gowerments ha ngly and frequently ruses by which they focused on issues
Timissions are appe Inspires thereafter o some title or contin rest inthe Thatteris le also be used to puni Orare E. WKWardrival Tse, CaSE5 Can be i Comment can be ntigTht5 OVeľa Wed. ( ties and abuse can public eye. There is morality or ethicsisi lity nor ethics exist.( g Sri Lanka Elitch beCOmé à la WUntot had aptly describe nduct.
The occasions Wi influenced conduct detail but they are diency has been the on which public life ged. Worse, Self ir seemingly explain r blic actions. If it is I think you are abov Worry about the CC Whether it be local larly, however extra be, live in regal spler Our "Tulers" träCg t line of royal ancestc

hood of such allegaion of the public. The yis omē of who does those in right places ng is right as it suits
ms, precedents and 3Tl torfhätter for Uch politics of Sri Lanka reis a political compethen you neutralize majority can be used sure however, unseeyour opponent's civic nyou hawe the power abusing power-that difthere isanyhurdle your majority to ove}. In the same Way, ione elsewhere, you » COInfidence TOWed if the Opposition. The
are different
we adopted increasivarious methods or avert attention being if public concern. Cointedand nothingtrar they halt Work after Jeunendingly till inte1st, Commissions can 5H th0Sea Who di SSert sor competitors. Wo1stituted and then all silenced, and disseorruption, irregularibe shielded from the
no need to add that gnored, neither moraOña: WOderSWFather awing not the law had lemselvės as St. Paul di Such arrogantico
Era ethiCS has flewer are to Outerous to noWn to Tost. Expefoundation frequently appeагs to be папаterest and self gain iany political and puLublic funds, and you a question then why st of COTTunication irinternationali. Simiagantly expensive it dour. After all, Cannot 2ir descent to a long s! Who is sovereign
then? Forget the constitution which emba
Tassingly states that the people are sove
reign, and the deluge will be afterwards.
Such is the attitude of those in power and authority. Then it is no Wonder that public life in the island is bereft of morality and ethics. There has been the loss of ethics and morals not simply and only because the economy has been made open or because of even the continuance of emergency and draconian legislation, but largely and even more because of public apathy, indifference and complaCency, Ten per centmake the money, to another ten per cent some benefit may trickle down, others languish disadvantaged. Ils such economic policy moral?Any way cheer when we get our debts, be it iñ Paris Or. Elsewhere. Wherē ar Walues if we can be proud of getting indebted.
It need not be retold that vigilance ensures liberty but it also is vigilance that would ensure good governence. To take the attitude lar not hurt, it is my neighbour who is hurt by this measure or that is to be derelict of one's duty to society. What hurts one today can hurt another tomorow, and so all have to be Watchfullest they eventually get hurt.
The abuse of power, the unscrupulous pursuit of power using often foul means to attain that end, the last to Continue With power adopting questionable means to gain that objective are all possible if the public fails to look sharp. If these be the interests and airns of those at the top of public affairs can anyone expect anything other than unethical and even blatantly immoral management and conduct of public affairs and life. To check-mate such Unscrupulous attitudes or actions public alertness, voters vigilance and public. CeInsure and forthright disapprowal are indispensably needed.
The public have an obligation, a duty indeed, to see that ethics underpins public life so that the end of government Would be the Social good of the people and mot the good or profit of those chosen to govern. In other Words the rules of the game, irrespective of the players, Ought to be morally justifiable. The Chief Justice had said recently that to lawyers among the supremely important values are those of moral integrity and fairness. These values are equally essential inpublic men and public life. To sin by silence when you should protest make cowards of men.

Page 8
THE CONSTITUTION vs CONSTITUTIONAL
The incompatibility of Role of the Member o
Chanaka Amaratunga
though the framers of the
Constitution of 1978, politicians as Well as academics who were sympathetic to the objectives of the JR Jayewardene Government of the time, sought to create their pression that on the hand, the inclusion of a provision in the constitution ensuring the expulsion of a Member of Parliament if he/she ceased to be a Member of the political party on whose ticket he/she was elected is a logical corrollary of the adoption of a systern of proportiornal represën lation for election to Parliament, and on the other hand, that the expulsion of a MeTiber of Parliar ent fromiser political party if he/she dissents from the line taken by Such party in Parlia Ti Entis the natural consequence of the operation of party systems in the modern liberal derinocratic World, both these impressions are utterly erroneous.
Having examined the relevant constitulional provisions of 33 liberal dernocratic states that elect their Parliaments by systems of proportional representation (including all the countries of continental Europe. Where systems of proportional representation have been in use for a considerable time, and also many newly derTocratic states in Eastern Europe and Latin A Tierica) it has beer is possible to find a single liberaldemocracy other than Sri Laka Wigre a Miglier of Parlamerit can be expelled from the legislature on his/her resignation or expulsion from the political party on Whose ticket he/she was elected.
The idea put forward by President J.R. Jayewardene quoting Hamlet that it "foIlows as the night the day" that in a system of proportional representation expulsion Or resignation frona political party on WOSE ticket a Member of Parliament Was elected results in expulsion from Parliament is a gigantic myth.
It is equally a my context, the develo rties haS deflied tot of Parliament the rig In the United Kingd: of America, France the Netherlands, S Australia, the newly Eastern Europe, Lat OWnregion in India, CanaddO d'ISSenti |r däbäls äld Irl Wo been expelled from rties. Recently in the E3 COISErvatiМЕ М adoption of the Trei il the HOLISE COf LOTO We peers including t ster Lady Thatcher, of the Treaty, No di taken against any instructed by a thre in any of the liberal SET OESTEL Australia and in To: CraCİES COñStil Lutē a of membership of a
The Elief that ex: cians, lawyers and Wareg ir the World respect for the indi METEOETS OF PATHI Edmund BurkE i til by John Stuart Mill currently existis ba: iftir di ST Klaus won Beyme a rties TIT WESTGATT D) UK. 1985)
The Image of par lithic Unit S is af be maintained.
In Sri Lanka (ThUC riding of this issue,
TIL TIPIT IS AG

ISM
Article 99 (13) with the if Parliament
that the Ter pment of political paEildividual Member ht of political dissent. Ti, the United States Germany, Belgium, pain, Italy, Canada, id:ITC tĪCILIOS COf ir: ATTeri Caladir Our Member Of Paria Igit From their parties both Ing and yet hawe not their respective pa: : House of Comrons Ps voted against the aty of Maastricht and Si Several ConseTWatila former Prime Miniopposed the adoption sciplinary action was of them. Woting as B line Whip does not democracies of Werope, North Alerica, st other liberal detonecessary condition political party.
sts here, among politieven judges, that no
dogs the attitude of Widual Conscience of ment advOCated by he 18th Century and
in the 19th Century Sed upon a paucity of anifestly erroneus. As S5ts in PCPemocracies, (Gowег,
ties acting as monoICII Milit: Carllot
of Our misunderstaWhich has resulted in
ir of Irea Liberal Farty
the provisions of Article 99 (13) is based On the utterly in rature Conception of loyalty to a political party, evolved particuarly in the parties of the mainstream. As Paul Silk quite correctly points outin. How Parliarrier Works, Longman, London, 1989)
Political parties are broadly based. Inside each there are disagreements about most individual aspects of policy, though there may be agreement abOut the Broad direction Of BCOOmic and social thinking. Analysis of Voting records in the House of CoTThorls has show that MPs have increasingly shown their disagreement with party policy by voting against their party's line.
....... Alth O Lugh To Teattention is naturally given to dissenting votes in the government party, opposition parties do not always agree internally, as their voting records also de ITDIistrate.
This is an understanıdding that olur. OWrı parties had in the past. In the Parliament of 1952-56 after the resignation of Mr. Dudley Senanayake as Prime Minister he апd Mг. R.G. Seпапayake were very critical of many aspects of the government of Sir John Kotelawalawhile remaining om the UNP back benches. But Sir John never attempted disciplinary action against them. In 1962 George Rajapakse Who Was then Parliamentary Secretary to the Minister of Finance (having resigned his office), made a devastating speech in opposition to the budget of Felix Dias Barda raraike, as did Sewera I other SLIFP backbenchers. No disciplinary action was taken againstithem, and Felix DiasBandaranaike resigned his office because of the strong opposition from Members of Parliament of his own party. He did not resign

Page 9
from his party either, and soon returned to tha Cabinat. In the ParliaTert of 1965-1970 Mr FestUIS Pereira for Tned a group of backbenchers critical of some aspects of policy of the government of Mr. Dudley Senanayake, which was named the Ginger Group. No disciplinary action was taken against him. The Tamil Congress which was apartner of the coalition Government fiercely opposed the District Councils Bill was equally fiercely supported by the Federal Party, another partner of the coalition. This public dissent from govеппent policy iп parliаппепt was соnsidered perfectly acceptable. Even in the Parliament of 1970-1977 when the process towards authoritarianism had begun and party discipline within the ruling coation was tight, Dr. S.A., Wickramasinghe, Mr. Sarath Muttetuwegama and Mr. Aelian Nanayakkara voted against the Criminal Justico COITTISSIOf Bil|| Their punishment was expulsion from the Government Parliamentary Group for a few months. In the Opposition UNP, Mr. J.R. Jayewardene and Mr. R. Premadasa in the proceedings of the ConstituentAssembly which enacted the Constitution of 1972 advocated an executive presidency While the party's leader the former Prime Minister Dudley Senanayake and the curent Minister of Justice M. A.C.S. Hameed and the rest of the party, strongly opposed any departure from the Parliamentary and Cabinet systern. No uniforninity of views Was imposed by the leadership.
What has been sought to be demostrated is twofold. Firstly, that parliamentary dissent among members of a single political party is allower the liberal democratic World, an integral and natural feature of the operation of a free Parliament. Secondly, that what is necessary formembership of a political party is not agreement by its members on every policy and every decision but, as put by John Stuart mill in Considerations on Representative Governigri
On the few articles which are the foundation of their political belief.
In examining the nature of the political party, of the Member of Parliament, his rights, freedoms and duties and their interrelationship which are vital issues in the determination of whether article 99 (13)
is compatible With
of Parliament, thee tical and parliame country is essential tutions of the First in trivial and signi for the Constitutic cepts which are funi political tradition in V of liberal der T0CTa TErlains true e Wen, 1 tradition remainS cik Britain. This is par to the operation of F explicitly and inexpli ption of Parliament freedom, independ: Member of Parliam and constitutionali be preserved. The Parliament have be Confornity to the S House of Commor Parliamentary Prac pal guide to proce Parliament, is auth ÖLJr Parliament EWE Standing Orders of scarcely a referenc The principali role ir rdance with accepte fore assigned to the Parliament. The pro gnize the individual recognized by the C of debate, which divisions by name,
the individual resp. METbės of Parliam his partiamentary di
Under Article 67 the DeTocratic So Lanka it is declared
The privileges, powers of Parlia mbers may be di lated by Parliam so deterined
provisions of til WErs änd Priwlle tati S T Lutandis, E
The Parliament ges) Act confers up Lankan Pariiamen POWers as are at

he role of a Member amination of the politary tradition of this Although the Constild Second Republics |cant Ways départed nal and political prelamental to the British hich Our Own tradition y has its origins, it oday that our political sely related to that of icularly so in relation arliament. Where both citly the British conceand of the traditional ince and dignity of the int is in our precedural 1struments sought to
Standing Orders of en drawn up in close anding Orders of the is and Erstine May's ise which is the princidures of the British oritatively invoked in in today, Under the
Parliament, there is te to political parties, Parliament in a CCOEd procedure is thereindiwidual Member of CaedLures Which TeCOMember's right to be
Chair for the purposes
involve the taking of indicate indisputable, Insibility borne by a ent in the Conduct of ties.
of the Constitution of :ialist Republic of Sri that
immunities, and ent and of its Me-termined and regu2nt by law, and until and regulated, the le Parliament (Poges) Act, Shall, muբբly.
Powers and PrivileMembers of the Sri
Such rights and he time, enjoyed by
Melbers of the House of Colons, Britain. In Britain, it is absolutely clear as has been established, that the Member of Parliament may speak and wote in accordance with his conscience and may even change political parties Without the loss of his seat (The same freedorn exists as has already been pointed out, in Parliaments elected by methods of proportional represention.)
This position has consistently been recognized in Sri Lanka since the establishment of a Legislative Council with a significant elected element. It is therefore entirely appropriate that it be taken into account that when the basic features of the Constitution as contained in Article 4 (a) of the Constitution recognize that:
the legislative power of the people shall be exercised by Parliament coinsisting of elected representatives of the people.
The character of a representative of the people (i.e. a Member of Parliament) must be understood as it has consistently been understood within the Sri Lankan Constitutional tradition. In the Sri Lankan Constitutional tradition deriwatiwe from tha British constitutional tradition (but applicable too to tha Constitutional traditiCTS of Wester Europe, North America, Australasia and India) notheory of the mandate, however, conceived, has been recognized. So repugnant has the theory that, the authority from whom a representative derives his position in the legislature can regulate his Subsequent parliamentary conduct, been in the Sri Lankan Constitutional tradition that even the six Appointed Members of Parliament and the fifteen Appointed Senators under the Soulbury Constitution (appointed by the Governor General On the advice of the Prime Minister), once nominated could not be expelled or called upon to resign because they opposed the very Prime Minister or Government that appointed them. Accordingly on several occasions Appointed Member of Parliament spoke against and voted against those who had caused their appointment. (eg. Robert Singleton-Salmon voted against the govern Ilent of Mrs. Sirimavo Bandaranaike on the Throne Speech in 1964 and S. Thondaman declined to vote.)

Page 10
aL S LLLLLLaLLLL S aL S aLLLL S LLLLLLLLS S a Parliament being ultimately responsible only to his conscience and to his conception of the national interest has been asserted by authorities, in many parts of the world and over the centuries. The essential freedom of a representative was asserted by John Stuart Mill in his Considerations. Em Representative G0WBIIEnt. That this WieWis-Still Current is Clē ar fristaSSertill of Kila US WO Beyme in Political Parlies in Western Democracies (Gower, UK, 1985) p.312 tflot
Most parliamentary democracies lay great stress on individual freedom for Me TEETS Of Parliaet.,,,,,,,,AII the Weste TT de TOC raci25 SEE, the MG Tiber Of Parlialet ES independent of instruction, and nowhere has he been subjected by la WtO OTd3 TSG from HiS WOtETS.
Won Beyme adds:
"the independence of Members of Parliament has had to be defended not only against Voters but also against the parliamentary party. But party discipline which emerged in many democracies as the parties gained in strength, has never been
IstitutioraliSed.'
Paul Sik SSarts i - HOW Farfar 77 EG7 Works (Longman, London, 1989 pp. 62-64, pp. 45,47) that British Members of Parliament quite often vote against their own party. This is confirmed by Klaus won Beyme, in Political Parties in Western Democracles p 319, Several Senior figures in the Conservative Party in recent years such as the former Prime Minister Edward Heath, the Former Foreign Secretary Francis Pym, former Cabinet Ministers, Sir Lan Gilmour, Sir Geoffrey Ripon, Sir Geoffrey Howe, Norman Tebbit, Michael Heseltire (now back in Cabinet) have voted against the Conservative Party on the Floor of the House but have not thereby been expelled from the Conservative Party let alone from the House of Cor TirTions! The Example in Church II. His Lisa and Times by Malcolm Thomson (Oldhams, London 1965) (pp) 300-301) describes a famous occasion
B
during the Second W. Conservative MPSWOt government on a wote
It sees irrefutab is Otto WiiWOfE Jo Stuart Mill EE desirability of colsciEilce of Parliet out
Bele LIStil tՃe the perty line
Lur times as the C
So important to th de Tocratic system COrl Science for Men tlat SOITE COStitutio the existence of such of the Constitutions Netherlands, and Del they are all states, W of proportional repr
Ace 3E of the Federal Republic of (
The deputies of the shall be elected in equal and Secrete be representativ people, not boul instructions and only to their Cons
Air WOLS. | ii yhEE Eset grounds had become provisions of the Indi: the following effect:-
(1) If a third of the of a particular par or is expelled is recognized as afat are permitted to Parliamentary part
(2) If less thar parliamentary pa expelled the S. whether Such exp Was the result of of COI science and the result of the Ex LE MET TIME

World War. Wher 33 ed against their own | Of Corfider Cë.
E TOT that it ELCELEBI
out the reality and the freedol of Mers of the View that a does at alties that is as "remote lays of the flood."
Suwwal of a real is the freedom of ES of PETIETET ns explicilly declaré a right, This is true, of Germany, the nmark, Significantly, hich hawe systerT1s BSentation.
Basic LEW of the Germany declares:-
German Bundeslag general, direct, free, lections. They shall es of the Whole nd by orders and
shall be subject Ciel CE.
emphasied. Even iction om opportunist a probleT, the new
Costituti: WE
|Parliamentary party ty leaves that party LJCh. MEITiberS ELTE tion of that party and
exist as a reW
W.
| Orie third Of a rty resign or are peaker determines ulsion or resignation Elfide exerCSE se sijS Fatit Wa.5 ercise of ConScience, imbers may continue
to keep their membership of Parliament.
(3) If the Speaker decides that a Member of Parliaminent has rėsigred Cor been expelled for reasons other than the exercise of his conscience, is seat is declared vacant and a bye election
SLS.
The existence of a liberal democracy, for which a free and strong Parliament is anecessary condition, is impossible then Without the freedom of conscience of the Marlber of Parii ITeL, SUCHI fredo T must apply to all Members of Parliament equally. Any cynical and opportunistic expedient such as the provision in the transitional Parlia Tert of 1978-1988, that a Member of Parliament may be expelled by the vote of a simple majority in Parliament is totally unacceptable. This Would result in Members of the Opposition having freedom of Conscience While Members. On the governmentberlches are de Hliedsuch freedom. Such a provision Would gravely CorTipromise the integrity of Pariiament LLLLLLLLLaLaaa0 LLLaLLLL LL LLLLLLLLL LaLLLL in the hands of rulers that it was for
1978-9BS.
It is the people who elect MPs alone Who should hawe the right to judge therTn, at the ensuing election. No real liberal democracy in this World contains an obnoxious and blatanty partisan provision such as the 'one way LLLLHLGHLLS SKLLL LLLLLLLL LLL S a LLL Constitution which applied to the last Parlia Bt.
The repeal of Article 99 (13) deserves the fullest support, if it is accepted, the view of Lord Hailshan, the distinguished former Lord Chancellor of Britain, that
A Meer of Parliet Should follow His COIScience and Should not be coerced by external pressure, either from pressure groups, or his local Constituency aSSociation or even his own party whips.
would once again be applicable, after an aberration of 14 years, to our Parliament.

Page 11
MEDIA AND ETHNIC CONFLICT
Indian print media an
Charu Gupta and M.K.S.
s a microcosm of a community,
the newspaper pro Wides information on a Warriety of issues, especially Corin minunalism. In providing this information, the newspaper facilitates interaction with every Tajor and most minor institutions in Society. But the newspaper is more than a support system for the institutional network of society - it is an institution in itself.
A wery ir important institutionalised aspect of the newspaper after December 6, 1992 eLLLLLaL LaLLL LaaLaaaLLLLL LLLLL S LLLaLLLLLLLS Sedeans of Communication. The rewspaper, in employing a particular procedure for locating, organising and interpreting its content, actually kills certain other events. And in this process the content is usually homogenised. Thus, to a large extent the reader is deprived of seeing a coherent picture of the current events.
It is true that after December 6, there are many examples of "pluralistic', 'objectiVe' and “truthful" reporting. But these hawe to be Weighed such as to see on which side the balance is titled. We found that certain пеws becaппе froпtpage news while certain others were relegated to the background, is this consciously done? Is there a pattern to be observed in them? After looking through a number of news items, one could not help but observe that What conformed to expectations, what Supported unspoken assuTiptions and Certain | The WS främöWorks tegindgdt0bjgCJThe frontpage news. Also certain images are used because they exist and are known to have Wide currency and thereforé erlab|E Eassar COTTILIrlication. Inwirtue of being used regularly, they are kept alive and available for further use. However, "uncomfortable' news, "contrary" events, which do not echo or confirm the larger Opinion, are relegated to the background and inside pages.
In this hour of Crisis, responsible journalism Would also mean giving adequate coverage to people's efforts and secular event-rallies, demonstrations, protests, signature campaigns, citizens' commititees, historians' evidences disputing the LLLLLLLLSLLLLL S LLLL S a LLLLLaLLLL aaLK Communal Onslaught. However, their coVerage left a lot to be desired. Why this
igri Oring, SupporteSSir evidence? By virtue duration of coverag пепеyspaperspe themselves. It must justas "badnews'is journalists than is reporting" is more no than is careful re. portray the mental E the country rather th ny tended to be high
There Were a larg miles launched by progressive forces Delhi. There are in of the poor coverage ПЕWSpapers.
There was a rall students and teache 01 DECEITEJET 10 a of the Babri Masjid (December 11, 199: a totally different pic equate this rally with Licin held by some university itself, in W people participated picture conveyed. report was:
"rika EILIrad I, II, (their por est, HS WE
Similarly, Indian
13, 1992, p.2) had the Mulayam Kansi With a negative head tearn Lup against Conr ficant to note that newspaper had a fr graph of two youths "TWO BJP supporte Rall' On their Chile O Lutsid til B Pakistar NEW Deli Meld; this alone, there Wa graph of the Sarnet With a big news item. had 15 lews items on that day,
This selective gives the reader a

di COmmunalism
ng, kiling of contrary of sheerintensity and e of a particular kind, retuated a ha x Q De EDOTlgirl Thind that Tore newsworthy for good news", so 'bad teworthy for reporters porting. Reports that ind religioLIS diwide in a Comunal harmohlighted more.
Je number of prograthe Left, secular and in India, especially in numerable exarTiples 2 given to these in the
y of Tore than 2000 ars in Delhi University gainst the demolition HWaver, Jā75ālā 2, p.4) tried to portray ture and attempted to anothar dēTO15tfall ABWP activists in the hich mot Tore thar 50 There Was a false The heading of the
ki fill Lir" II as their protest)
Express (December a Wery Sir Tall item om alia CC and that t00 ling:"Mulayam. Kansi munalism". It is signIn the same day the ont page lead photoапd the caption read: FS Cär Ed OL ut "Jai Sri ists. While protesting High Cormission in ay". Not satisfied with is another big photoder monstration on p.9 In fact the newspaper regarding BJP-RSS
Perception obviously dominantly onesided
Cawas of ewants. It is clear that the BJP "E WEIt5" a TE EWSlot So much the other Gwents,
Not only this, even the daylong dharia by journalists at Rajghaton December 15, 1992 received barely two paragraphs in Iпdїал Express(December 16,1992,р,5). Cm the same day the first page had a number of stories with a pro-BJP tilt in fact the leadstory had the following headline: "AdvBS reports from Governors "extracted'(emphasis mine), as the B.JP Governments had been disITissed that day. So The Words have a neutral connotation, which are not opinionated and evoke no emotional response. But the use of Certain Words, in this case "extracted' has a negative effect, designed to appeal to the readers' emotions, to give a judgeme:
ta || 5 til Lulu 5.
There was a huge rally of film stars in Bombay on December 16, 1992. The next day The Times ofIпdiacarriedаfrontpage photograph of it, while Indian Express did not carry the news item at al. The next day the newspaper rectified it to Some extent by having a small photograph of the rally but here also a visual cleWerness Was displayed. The photograph had in its centre Shatrughan Sinha, the film actor and a former BJP candidate for the New Delhi Lok Sabha seat. What was the newspaper trying to specifically prove? The Secular credentials of the BJP Sirilarly, the big secular marchin the Capital on December 18 received precisely two paragraphs in Indian Express (December 19, 1992, p.5).
Nine youth organisations came together and chalked out a carpaign for coTimural harmony. The news was treated in a Very casual way. Some newspapers did not carry it at all. Others, like Navbharat Times (December 25, 1992, p. 5), devoted two paragraphs to it. Also the report was Written in an offhand and casual Tanner. Worse, on January 1, 1993, 'Sahmat organised a huge communal harmony concert of artists, singers, etc. called Anhad Garia'. More than 10.000 people Watched this Whole day programme. A nurrber of newspapers blacked Out this news totally and sortie which did report, did it in an insignificant fashion.

Page 12
Thus in the selection and placing of news, there is a clear bias. There is a constant evidence of preferential treatment to certain news subjects. Almost апyone who opened for example Iпdїал Express on December 15 and 16, 1992 Could not fail to observe the BJP stance on almost everything, as it looked as if the BJP decided the items to go on the first page. However, only a very careful and thougtful reader would be able to find contrary.news evidences, and that too by minutely studying the paper. Whattends to get registered in a reader's mind is that which by its sheer intensity and duration of Coverage makes animpact, The margila islation of Certain neWS items Can be thus very damaging, denying the reader a "pluralistic' perspective.
The role of historians in the présent scenario is a crucial one. The controversy over the mosque has a historical perspective. Let us examine the role of newspapers during this period regarding historical facts.
The most blatant example of bias and partisan attitude was the report in Indian Express (December 20, 1992, p.1) in block, which stated:
SonTTE historiarhs artid årchaeologists who have all along Taintained that a Waishrawa terriple existed until the early 16th century at the disputed site in Ayodhya castle up of Saturday with
CLL CLCa LLeLHMMMCCC CLCMaLLL C CLCCL their clairÎl.
The reportis quite long and is displayed Very prominently, with two photographs to accompany it.
However, when another group of historians disputed this claim, the news was shifted to p. 5 (metro page) of the same newspaper on December 26, 1992, and there too it was given a small Space. The other newspapers like Navbharat Tinas and Jarlsafa revealed Sir Tilar bijāSES. Thus Navbharaf Times (December 20, 1992, p.1) had a big news item regarding the claims of historiams that a terTriple existed at the site. It also carries a picture of the so-called "evidemice'. Om P. 3. Again WHEnanothergroup of 70 profTinEnthistorians dermanded that this "evidence" be examined by an archaeological expert committee and questioned the authenticity of the 'evidence', it was relegated to the last page.
This kind of "killing" of certain news, relegating to background 'contrary evidence'enforced the opinion that the newspa
O
pers presented a fra well. With their "belief.
I
To add fuel to fire, pers Were not conter Satir" of SCLullar för: le them. There Was | Images which at leas gatory towards the S
JanSaffa Decemb a detailed Colur TI" | sisip). The title of C: Prabhi L u warg ke My slogan for the intell excerpts of the repo
sa Ivaar kg daplar H. sirisaill:Hailr PE rren rela-sarropa l'ha... Tafabiyah kisa ke Mye sampadak ne To sLihaw hai kikyo paksh prabhi varg e Til barläkar kär", SELA krifa? Wakifaa gaya rmafiak, Enyan bazi, biok d'iarrrrrpaksfasa ke rrasid karsawa ke dW tālr ELIr 5ir TI THsidki Akhir kLLY уёh rlaага Кї гarп ЈЕ wahin barлауалgg".
(It is an incident of Mo Singh's format Parli: tion Holygon IIID gi going on, Meaning th government to show i Elif I TE EGGLIHT that why do they not f: Constructionald kor og It is IIID circle of street-plays, HTIL for HBSakE 15EH Ayodhya for Masjid k and moso makingh maka SDITig Sacrice Masjid. ThEy 5h0Lukd TCTOW CAREF II, Lallai. thеге апly").
Here the journali credibility by inform presence atthatраг he goes On t0 pr intellBCtUa ClaS5 i5 various acts of the Om to make ExtreTE class and places th the Whole Hindu C ssip, there is no att Coversation. Rat open attack by the tions, And the targ

Work which fitted s'.
III
Some of the newspait with just "marginali:es, they had to ridicuprevalence of Certain it implicitly were deroēcLilāristS.
Br, 13, 1992, p. 7) has itled gap-shap" (goine of its items was е паyа пага" (а пеw lectual class). Some It TE
sare barhğ hala ki bBal Tainarju Tsingl'ı ke kar77eadık Sariya ad Chall rää rkārt kara krardkare khLib hawa bliari. aprila rär fil k hir firk masid punanirman saa ka liya ay diya, kõõich Fila kabiyah Varg r7.Jukkar Ft Club ka ghlEra for kar חlElח diyaרָ'{khair a “barhaув? Балшг hagaya farë ka kaarri, arri babri kurbibliká, gy | | ||Hf|rg', 'f8'
riday at 12.30 PM. In Arjun årharl HaLis E, F1 CDriversaderg bij te editor was at the editor provoked the tscourage. It is mysluggaintellectual class of Delhi Irma corninnittee for Masjid arch towards Ayodhya for that this class breaks tha state Tents and Bat Club :Lliris TTT:hEG IWH Tds arsewa. Enough clapping is been done. They must UT THE SHka of thir Bahr coin the slogan: "We Will and construct the Masjid
Sit first Stablish ES HIS ling the reader of his ti,Lular. OCCaSİOT. The OWe that the Secular
only responsible for government. He goes derogatory fun of this e Secularists Wis-a-Wis or Tunity. In this goamptatinformation or er it is a Kind of ar
communal organisaet of this attack and
ridicule are obviously the Secular forces.
Silar is the case With certain Cartoons which appear in the newspapers. In a cartoon comment, the use of a phrase and image that Wi|| ewoke a similar set of associations and meanings in most Tiembers of a society, directly enables a complex point to be CrystalliSed un'ambiguously and memorably in a few Words Ora single picture. Some of these Cartoons enforce an image of secular forces being away from ground reality. The impression created is damaging to say the least.
Take the example of two cartoons in Na Wolfharaf Tr77es. Wa Wbarat TrTTES (DECember 12, 1992, p.1) has a cartoori in Which a Secular person has a pola Cardin L S SLLLLLLLL LHH LLHHLH LLLLLa SLLLaL MLIrda baad, Masjid Zirida baad", Arnother figure, who is supposedly the representative of the masses is saying:
"aprile Lukujiviji, prehľadarje ke secular" our respected parasite is a first rate secularist.)
Navbharat Times (December 29, 1992, p. 1) hasa cartoon in which thereisasingle figure, Who With raised hands is saying:
SGGL MLM LMS LLLL MHHM MMS MMMLLLLL LLLLHMM MLLLLL kā ar krāfi. "Wightāls arīd LLCTLMMCL LCLL OLCS CL LCLSLCCCLCCLLeHHHHaLS mal harmory is ut no use.)
IW
This marginalisation, selective perception and Worse still a sense of ridicule against the secular forces obviously leaves behind a particularly false image of the issues at Stake.
It Would not be entirely irrelevant to
Take another point here. The influence of the newspapers on the common man has to a large extent shifted from their editoria Columns to their rews columns. GỉựET1 thE, timE. ConstfåỉThtthät LTTE |SfHCEd within today's World, the newspapers are largely flicked through. Thus What is retaiLLLLLL L LLLLL LLLLHHLaLLLLLLLL a LLLLLL LLLLLL are usually the headlines, cartoons, first page news and blockitems. In such a case the convergence and dominance of a particular image here leaves the dominant impression om the minds of the reader. Obviously it is the speeches, statements and press conferences of the BJP-RSS-VHP which are dominantly retained, at the cost of Secular forces and EWemt.S.
This is part of a much larger study on Print LLLLLL LLLLL LaLLLHHLHLLLLLLL LL LLLCL0CLLLL CS 1992).
- MMT irtirar?

Page 13
YUGOSLAWIWA EBREAKUP
Role Of a Cina UV
Dragan Klaic
МїІifалf лпѓіолпІist gгошp8, priorracotted by the rimedia, articl Llanted the new cultural ideology of ethnic pшгity and frїҺпI solidаrity;
reoccupation with the horrors of
Tlass suffering and destruction in one-time Yugoslavia obscures the role of Culture and intellectuals in the development and escalation of a Vicious civil War. The Old CorTırtıurist leaders, the federal military, a jingoistic and chauvinist media, nationalist fanatics and a supine international community share responsibility for the explosion informer Yugoslavia. Its intellectuals, t00 ha WE TILucht0 a TSWET TOT Whether living in exile abroad or insilence at horne, former Yugoslav artists, Writers and others live in the knowledge that they failed to prevent the break-up of their country and the ensuing War. They have proved unable either to counternationalist hatred and para noia Ortogather ther TseLC0L LLL0LLL LLLLHHL LaLL CLLLLLL LLLLLLLLS cratic opposition based on the multicultural ethos of the Yugoslawia they ONCE krew, Ewen those mot Subscribing to the Worst excesses of the Warmongers and profiteers will be forced to attempt an explanation to themselves and to others of what they could not prevent.
In pre-war Yugoslavia, cultural policy was the exclusive responsibility of the several republics. Each had a cultural infrastructure complete With publishing houses, film companies, theatres, festiwals, artists"associations, teaching institutions, radio and television stations and all the trappings of statehood. Policy was common to all, the only difference being in the degree of zeal with which it was applied by local Party officials.
Drgārai visā profess rāff Līvi"
Fe Arís 1 Belgrada and Is Floy dígictor Offe
HH00aL LLLLL LLLL S LLuOLLLLLLLLSS
Throughout the the space for public was progressively books, plays andf lectures and debat tus foreloquentan jye Criticism of t broke the taboost ssion of the le SS gli record of Corruri it exposed official W. ted critical rejectior
Although there rship, the Party discreet watchdog Silence Voices tha members of WarioL tions Were Erlislet by protecting the large. In this Way, ir Was replaced by a apparently initiate LhÉTSElVES.
Most it to off without exciting interwention by poc hand, frequently le With the offending to court prosecul quickly seen to exciting even gree nding Work and le "Stalinism' against
Yet, despite re ugly incident, ethn and the protectic WETE TOTELIT T of intent. Albania, subjected to sys Was the exceptic Yugoslav Cultural dynamic, charact nges a CTOSS b0 Atli 5t 5 ad intelle advantage of the

finist press
970s and early 1980s, 5: Jur55 års Lis SEt enlarged. Outspoken ilms, as well as public 25, provided the impeincreasingly provoca1e regirT12, Literature hat SLUFTOLIIT dgd di SCLOriOLIS TO TerritSir the ism and its supporters: White Washlandstimulaof theold ideology.
Was no fortal CenSOapparatus acted as a interfering to ban or it becate too critical; SOCII CILJ Itali StiLLto perform their duty interests of society at terwention from the top for TT of self-regulation ld by the employees
ns of this kind passed much attention; overt liticians, on the other d to open confrontation Writers and artists and iOrS. Butt t3SB WerE be counterproductive, tēritēresti fading to accusations of
the politicians.
strictions and the Odd ic and linguistic equality in of minority cultures lere paper declarations
WHIC ET TIBT WIS tematic discrimination, in, Bul on the Whole, | ||Ife Was Wiborant ad erised by lively excharders and languages. tuals Were able to take Inter-republican-even
inter-regional and inter-city - rivalry of Party bureaucrats more anxious to Consolidate their own local Cultural power base rather than join forces in pan-Yugoslav Cultural activiti Es, For instance, a 'book banned in one place would find a publisher in another; a play under official pressure in Vojvodina would transfer to a theatre in Belgrade - both in Serbia - or go on to win the prize at a drama festival in Slovenia; until 1987, Sarajevo was under the Controlofarigid, post-Stalinist Party clique, but its artists found refuge in the more liberal climate of Belgrade or Zagreb.
The attempts of each republic to map out its separate, national cultural boundaries were unable to prevent a Constant flow of people, ideas and joint projects throughout Yugoslavia. For at least the last 20 years, Yugoslaw identity was, abowe all, a cultural definition, characterised by intellectual openness, diversity and mutual Curiosity.
To a large extent, these exchanges Were at the unofficial level With no local or state encouragement or finance. The latter was expended by local bureaucrats on grandiose projects that would bolster their OWI status Wis-a-Wis their CLInterparts in neighbouring republics. Central funding Was used to promote nominally "Yugoslav' Cultural festiwals that Were in all but name, jealously guarded "national" Ewerts,
The Dubrownik Summer Festiwal for instance, had already become a purely Croatian affair as early as the 1970s, noticeable not only at the functional level, but also in the nature of its programme. The Yugoslaw Film Festival in Pula —also in Croatia-managed to preserve its state facade for rather longer. The cost of fundingthe Yugoslav Drama Festiwalin Novi Sad (Wojvodina in Serbia) was split be
11

Page 14
tWeen the siх герublics апd two autoпоmous provinces. While other regions frequently failed to deliver their quota, Wowodina continued to pay over the odds to keep this prestigious event in its territory. Bosnia frequently omitted to send its contribution to Novi Sad, diverting the money instead to its own lavishly funded festival in Sarajevo.
But the politicians were not solely responsible for obstructing the pan-Yugoslav cultural flow. There Was always a substanțial body of intelectuals and creative artists–in particularWriterS– exclusively preoccupied with their own national Culture and language and their status Within the ulticultural environment of the state. Their intellectual roots Were in European modernism and, throughout the 1960s, they opposed the post-Stalinist Party line. As their hostility to Communism grew in the late 1970s and 1980s, a strident and increasingly intolerant nationalist, equally hostile to other ethnic groups, languages and cultures within Yugoslavia, became the identifying factor of their opposition to the Party and its ideology.
Their opposition to Communism did not make them democrats: rather, they developed a querulous, self-pitying chau Winism, in the process rejecting their earlier links With Europe and modernism and retreating into a cultural conservatism that haditS TOČots in traditional rural folk Culturē.
After Tito's death in 1980, these nationalist groups began first to take over, and then to destroy, key positions in Yugoslav institutes of learning and professional academic bodies, where they fought an intenecine War for Control. In What can be seen, with hindsight, as a testing ground for the later breakdown of the Yugosalw federation in 1991, their jockeying to protect their own and their republic's position against the rest, engulfed and finally led to the disintegration of the Yugoslav Writers Union. The constitutional autonomy of the republics, together with the requirement that all'important decisions — such as changes to a Constitution that had become an impediment to change or compromise - be unanimous, ensured the death of Yugoslavia as Surely as that of
N.
12
the Writers Union, O sion of the Party among the rival rept Party bosses in thi each pursued their to the exclusion of a
Neither the relat Weet Tibe were able to stop country-Wide opposi instructing a coherer Both groups becam sedimnational poli polemic against Crit other republics. Mc Were Critical of the remained within it, y militant nationalistop nismo becaThe in Crea liberals as Well as F tad talia Ces With hope of preserving Tunist Order.
With the old order 1990, the formation contenders for them dominated by the each republic - by coopted members COTmunist elite. Th: extravagant both in : flames of suspicion nationalities. The opp of the Albanians in K pse of the economy i System, fuelled natio in turn provoked are in Slovenia and Croat ted ir Magdonia Bosnia, the delicat Serbs, Croats and M king point.
The liberalisation 1989 and 1990 and of the market system the Worsening ecor growth of шпепploy ned OSSOf SOCia under the old syst hands of the nation had more to loser than to gain, the poc including the rural lower paid employ

|Ceth 5 iter Tlal Coheas gone, шпа піпnity lics was impossible:
separate republics wn, rational interests
else.
vely Small dissident als Within the Party he rot by building a iiOn mÒWenTantOro COt strategy for reform. 2 increasingly immeics and aCrinThOniOUS cs of the regime in st intellectuals who system nevertheless elding ground to the position. As Commusingly compromised, arty hardliners resothe nationalists in the }osition in a post-CO
finally disposed of in
of new parties and ultiparty systern Was ationalist factions in now complete with of the former ruling аir programmes were pirit, they fanned the and hostility to other ression by the Serbs OSOWO, and the Collaas Well as the political alist in Serbia. This ictionary nationalist in tia Which was repeaand Montenegro. In 2 balance between LSliTIS Eārējd brea
of the есопomу іп he potential benefits Carne too late to aid Cornic situatio. The et and thEith Teatebenefits guaranteed in played into the lists, Fearing that it T1 economic reform er Sector of Society, or semi-urbanised, es in the old State
enterprises, members of the hur mbler lewels of the Party bureaucracy and pensioners, voted overwhelmingly for the nationalists, who triumphed in the first multiparty elections in the republics in 1990. Obsessed by What they imagined was their Worsening situation, they had little time for liberal democracy, pluralism or free expression of their opinion.
The new structure that emerged from the elections brought to power representatives of the new political elite in Sloverhia and Croatia, the old in Serbia - ä nd Montenegro, and unstable alliances in Bosnia-Hercegovina and Macedonia. Their common feature was an inability to negotiate, a fanatical nationalism, and the extravagant promises of salvation they made in their election campaigns. Together these prepared the ground for the future catastrophe.
Not only had the intellectuals failed to prevent the rise of ethnicity as the key value in the republics, but many also actively contributed toit. As ethnicity becaThe the CornerStOrle Of the new Order in each republic, it became less likely that tolerant pluralism could replace it in the Country as a Whole, Culture lost its autonomy and its critical role as it became the tool of the new ideology, under the control of ideological Commissars Worse than any in the bad old days of the 1950s.
Anti-nationalist intellectuals became the silent minority drowned out by the trumpets of nationalism and the rhetoric of exclusion, Cultural traffic between the republics; joint schemes and projects, touring companies, exchanges and visits grew increasingly rare and dangerous as hostilities between the republics mounted and physical communications Were cut tյft;
Artists, Writers and intellectuals were suddenly plunged into isolation in a disiintegrating Country: airlines, trains, road
transport and telephones one by one
Ceased to operate. A hysterical preoccupation and active involvement with the War and its politics, on which many held forth to receptive audiences, substituted for the development of new Works and their public presentation.

Page 15
All the Yugoslaw SUCCESSOf States Saw the arts as a propaganda tool in the service of the nationalist-on which they were founded. The purges in cultural institutions were ferocious: independent woices and 'ethnically unreliable' personnel Were eliTinātČd; tīrs Went ir to silent internal exile; many fled or were driven out of their country. The field was left open to those with the right ethnic background and appropriate nationalist sentinents. Militant nationalist groups, promoted by the media, articulated the new cultural ideology of ethnic purity and tribal solidarity; one-time guardians of the Communist ideology turned wirulent natio= malists and, allied With anti-Communist traditionalists, attacked ideas, then indiwiduals, then turned to gutting libraries of unsuitable books, The Space for experiTient or debate disappeared.
Financing cultural activities in Wartime presented little problem: the new breed of war profiteers were able to launder dirty money in sponsorship deals which earned ther a reputation as patrons of the arts, And even though War has reduced the level of activity, culture has become the popular escape from the daily horror of War and the politics of ha tred. With no possibility of holidays abroad and a lack of imported consumer goods, culture has also become the last consumer refuge. Theatre audiences in Belgrade are up; in Sarajevo, even during the deprivations of the year-long siege, exhibitions, Concerts and plays continued to be held in cellars With WEssiors of the US TILSÍCall Hadir, I CILJr. Town and Hotel Europa anong them.
As in the media, independent, unofficial voices are few and their reach limited. Anti-nationalist artists and intellectuals areasilent scared minority labelled "Yugonostalgics' and "Yugozombies'; their access to the public is denied, their past Work belittled and their employment precarious. The lack of access to foreign publications, including educational material, created by the UN Sanctions, isolates the even further. The tellectual exodus haS BEEr irriff BSE.
future prospects remain bleak until the fighting stops. But once foreign intervertion or sheer exhaustion has imposed
some sort of peace, C toolina post-War pr COIStruction. What rders, the led to . thërras neighbours, ntrymen, will be critic aliSTCalotbdreboť ty remains the Sole citizenship. Irreversit ոges Caused by ethr flight of refugees W. cultural diversity of
Corresponden
Those Und
Mr. J. R. Jaya War With Roshan Peiris August 1993), when for LITELEd EttETS UNP MPs in 1982, replied: "Beli EWE IT rlotSeen asirhgleUn{ tion. Yes, know it is really happened Wa: indum to extend pa Mr. Premadasa tol they had automatic and were prepared (They) on their owr of resignation to the PETE EL CAS: Who ga WESLJIch lette
It is utilinkable" Jayawardena of tel the SETTE thëTE İS T says is not factually that his mer Tory is I After all, he will be feW, WeekS.
Fubligh Eitil t|OCUM reports) bear outth
The Weekend of hätätär Election m ra Mr. Jaya Warde going to "ro||Lup the Lanka for 10 years'
2. On 28 October (r. re the referendu de Tlalded and Ob of the governmen dated letters of r: inali the newspape

Lulture Will be a critical cess of healing and ëWerthe eventual b0:COITIITLJIsiCalE a CTOSS if notas fell'OW COu|TFGHTMLultCultLlJirmās longas ethniciCriterior of state and ble demographicchiahic clear sig and the ||| Tam that the Cold
any regions has
probably gone forever,
The younger intellectuals who fled mObilisation, together with the children Who refaiñed and Were exp3OS3 di to the War Willaits hatred and intolerance, and the distorted propaganda that made up their education, area lost generation. It will take a long time for the books that Can SurTi up the pain and loss of this period, or the theatre that can reshape the collective consciousness, to appear.
CE
ated Resignations
dema, in a interWiēW (Sunday Titles 22 asked why he asked of resignation from is reported to have e, to this day | hawe lated letter of resignaHard to believe. What Efter tref CTIrliament for 6 years TE STEMPS falt ally got an extension to resign at any time. gawe undated letters Secretary-General of sure you do not know ցrs".
at should accuse Mr. |ing an untruth but all O doubt that What he correct. In is fiossible "10t What it USed to be, 87 yares old in just a
lents (including press e following:
5 September reported eetingin Anura dhap Lula had Sid He Wa5 3 electoral map of Sri
early 2 months befom) Mr. Jayawardena El froT TETS t parliamentary party signation, as reported
S.
3. On 2 November, using emergency powers, Mr. Jaya Wardena had the offices of the ATHTHA newspaper and its printing presses sealed by the police and copies of newspapers already printed for distribution confiscated. The presses employed by the SLFP too were sealed and many active SLFP members (including R. Wickremanayake, the Secretary-General of the party) Were arrested on a charge of being Naxalites
4. Cm-27. NowerTbET (more tham a month before the referendum) the Civil Rights Movement wrote to the president saying, interalia:
"Certain influential politicians are allegedly resorting to threats against supporters of a NO vote. Possibly they feel that their political future depends on the Woting pattern in their areas, particularly since you have obtained undated letters of resignation from government MPs. So that you may replace them with fresh nominees, It is reported that the threats include that opposition supporters should be preveinted from leaving their homes. On polling day".
One is left to Wonder OW the CRM Was talking of undated letters of resignation LaL LLHaaLL LaaaaLaL La LLLLLaaLaL L LLLS Jayawardena's version is to be believed.
It is best that Mr. Jayawardena keeps Sillemt 01 HE5E Tillätter S.
Piyalı - Gamage CODITEU 4.
13

Page 16
Ace Radio Cab
" Computerised meters " Can be summoned to wo " No call up charqe within city limits Vehicle act * Receipts issued on request " Company credit awal
Call 50 1502 50 1503 Եր
Another Aitken Spence
 
 

e55 from selected stands
ridoorste

Page 17
THE J.R. YEARS - (10)
The Jayewarden
ATCE
J驚 WES TO SCOTOTİSt AT
once publicly (at the 1986 ceremony for awards for Outstanding export perfomances) stated that he did not understand the terms used by economists. All the same he was a devoted admirer of What Singapore's Lee Kuan Yew had achieved With a free Tarket. He decided LL LCLLLLL SLLLaLLaa LLaaLaLL LLL LLLL LLLLLL economy. He would invite foreign investors, even the big multinationals, to start industries in Sri Lanka. "Let the robber baroris Come" was the Way he put it. Being a COITITittedbelig Wer irl Hissez faire, irlan authentically plonking touch, he named IS COStituti "THE COStitutiCJ Cof the Democratic Socialist Republic of Sri Lanka". In his public speeches he never hid his contempt for socialism, e.g. "About 8 to 10 years ago the U.N.P. was faced with the consequences of the nationalisation policies of a set of people who thought hat Socialist Was good". (Daily News 4 March 1987).
On 4 October 1977, speaking in parliaLLLLLL LLLL La LaLLLLL LLLLLLLLaLL aL a 1972 Constitution, Which gawe JayeWardene the powers of both presidnet and prime minister, Mrs. Bandaranaike said that that Was a step that Would set the country on the road to dictatorship; there would be no going back, she warned. In 35 years of trying to get to the top of the "greasy pole" Jayewardene hadapparertly kept a careful record of all he would Write into a constitution if ever he got the opportunity to do S.O.
LaLLa LLLLSSSLLSLLLLLLLLaLLS SLLLLLLaL in 1964, When some members of her parliamentary party Crossed the floor and voted againt her government had made adeepinpression on hin. (Mrs. Bandaranaike always said that Jayewardene had had a handin persuading those members to desert her). In his constitution Jayewardene Would ensure that such a thing Would not happen to his government; he
Would make it İmpı C55 00:
Hold at office lost Tiary T. ft WOI1. This ETlbarr and encouraged th tle its efforts. He W Ctionsiffle COuldh election 5tatistiCS. 1956, 1960 and in that under a P.R. sy have fared much E Cition.Sand WOLuld a C SES) El 19 FOI I system did not strengths. In 1970 til S.L.F.P. W 19C which polled 37.9% Content With 1853 J.M.P. y 1405 Wote, the S.L.F.P. i the vote got only 8 with just 6.4% oft Jayewardene deci. a P.R. system.
Jayawardene WE government but dic of there being a titular) head of Sta the two offices and
Speaking in the 1FE MS. Elthe implications of COrlStilulior, WErll said:
"Tig S.L.F.P.
grily on whil: being hatcher dictatorships, SLICH adWEtLII S. L. F. P. IaS f O COristitutio power. At th rtunity the S.L. the people's

e Constitution
Ossible for a member
tVBēr BBCiIS.
every government in are by-Elections than assed the ruling party e opposition to redo LuWould hawe no by-eleelp it. He studied past THE JMP-a FIFTH JE I
1970. He Cal Culted St:13 UNP. WOLI|| Etter il || LIOSE - tually hawe Wonin both The first-past-the-post
reflect true Voting With 35.9% of the Wote
seats Wild the U.N.P.
of the Wote tOEDE ats; again in 1977 the as With 50.9% of the which polled 29.5% of seats and the TULF. he vote got 18 SHals. j30||8 WOLICitrod LICE
inted to be head of the
not relish the thought higher-ranking (albeit
G, HC Would COTEpire
El Est.
: House on 3 August ranaike, who realised the draft Jayewardene con record as having
has The WBr|00ked berllst conspiracies Were d to establish military TOr Willite Wer, COndOrië riste future. Ta alth in the people and Car Weisiit it he first available oppo.F.P. With the power of wote, Will adopt a new
Constitution Which Wi|| Epe in aCCOrd With our national sovereignty and the twin principles of social justics and indiwidual freedom".
But that was for future reference. Right now it was Jayewardene who controlled more than 80% of the votes in parliament.
The COStitutiOratte Selecti COTTittee produced had the recognisable JayeWardene stamp.
The disastrous innovation made by CoaHL LS S S LLLLL LLLLLLLLSL L LL S00SK LLLLaHH preventing judicial review of legislation passed by parliament was retained. Proportional representation, Widely accepted if the World ag mora dēT0CTEtiC till the first-past-the-postsystem Sri Lanka imherited from Britain, mainly because it erabled representation of smaller groups, Was introduced blut, in a typical Jayawardernetouch, thisadwartage Was retowed by providing a 12.12% cut-off point which, in effect, disfranchised minority opinion; it also effectively discouraged new political forces emerging.
Under a P.R. system, om the argument that voting was for a party and not an individual, there could be a case for filling vacancies by nomination from the party listin lieu of by-elections. Again, in recognisable style, Jayewardene introduced the principle of nominations by the party to fill vacancies in a parliament elected under the old system. By-elections were eliminated, except in cases. Where the Original election was set aside by the Courts on an election petition.
Along with the abolition of by-elections Came a deadly new provision; if a Member of Parliament resigned or was expelled from the party to which he belonged, he automatically ceased to be a Member of Parliament and the resultant vacancy was to be filled by a nomination made by the
15

Page 18
party concerned. Jayewardene had made Sure that his government could never fall by members crossing the floor.
This provision was by the secondameridinent to the constitution (26 February 1979), further refined to enable opposition members to cross the floor to join the government, while it remained impossible for government MP's to go over to the opposition. In brief, this amendment made it possible for a Member of Parliament who ceased to be a member of his party to retain his parliamentary seat unless 85 M.P.'s Woted to expel him from parliament. Only the ruling U.N.P. had this kind of parliamentary Voting strength.
The constitution gave the president immunity in respect of anything done or omitted to be done by him either in his official of private capacity. In a statement in parliament on 3 August 1978 Mrs. Bandara naike Sald:
"This is an immunity traditionally enjoyed by Constitutional heads of states such as the queen of England and the president under the 1972 constitution, The prime minister, on whose advice the president was always required to act, was subject to the law and the jurisdiction of the Courts like any other public officer or citizen. It is a gross deception, reminiscent of the technique of Adolf Hitler, to combine in one person the powers of both president and prime minister and then argue that the head of state is always entitled to immunity".
She had a point. In by-elections the presidinet felt free, as the head of his party, to compaign for his party's candidate. But if While hEditi 50 HE COITrittad electio offence there was no remedy available to the other side. A ratherglaring case actua|ly arose, in the Mahara by-election. The preSidnet Was accused by one of the candidates of having made a defamatory statement against him and this, if proved, WOLuld hawe Witiated the election of the U.N.P. man who was declared elected. An election petition was filed. The election judge held (1) that to prove the allegation the president had to be made a party and (2) that the president could not be made a party because of his legal immunity. The
| 6
Supreme Court uphel candidate alleged to elected was unassail sidential immunity.
CIWIT-R de Siliwa
"AStE COStit executive powe ding the defenc be exercised by elected executi head of the st ExECutiwa do the Collarder. Servic55. He 5
TE ME CEE:
El T:
TL II TThe FF W
Te C Cla LITE Thoцg| Was Si OLFS We To rep ATC .
Tւյtrւց է CLIF HF. Tr) (PIOS Strings Closing ՕՐthe: Tigy" ida Ald
The M. Juiled. PHËGULI Tlej
TE E Tl TGE CIL Pre er ThLIS () THA

d this position and a have been illegally able because of pre
WTOte:
tion phrases it; The of the people, inclug of Sri Lanka, Shall the president'. The we president is "the te, the head of the the government and --Chief of the ArT
also a Teneral
head of the cabinet of ministers, the ministers being of his own choosing He may at any time take any ministry Into his OWr hands. HE als CDOSBS, appoints and promotes the highest judges of the land, namely the chief justice, the president of the court of appeal, all judges of the Supreme Court, the court of appeal and the high courts. Finally he is also the repository and vehicle of emergency powers Which, when activated by him at his discretion, make him. Wirtually an open dictator". (Parliamentary Democracy in Peril: Lanka Guardian 1 February 1981),
The Scholars Tale
PETEW
LLEELLE MOLTE "d qЛіпіiyшіih Napoleon Bопарагте Story las Topositi Lerner fiori Lis Lipstart specialized irn Pogro rr. arks Left that to the H Iris sorrtetullat later Le FLSČFL z Copa Furer lia a TIIT Ërstarte Dictator.
pitalist FrldCLI e Italist Caliptate od to be Milket CO2 TI fe
Ehle DPLLLIT TILysically Te Lealed Carstitutior Leep clochted Is Democratic Socialisril Fort FLITLUL Ted EFTESE TIL Sforts he MorldLira te despatched the Legiilorus Jirt bruck JFL li Erairies tard Epilots drglாமபces பiர0s.
1p Loose eruds in huis PhilosophU TO relega feci Lihat Las Girard IELLusory e Leaders puppeted to strut ipuilled by fuer Clauss-Jfrorain their scruff
ranks Lueres Lich a strange Lariety slotstarr qfar erlier Society digers, Cor LSL LLALL's, Contractors Cal GPL slírgs for the Multi-N-Factors.
}rtoLírate's first moves allrnissired Fascists. Lhomepardoneds II conspired Hges LIII 51-Lare fley foresa LL al eclipuse qf[Fue2 LonLuU.
2ction Commissioner sourided curl early Larning Le bellsor.fifty years fra ruchtise LUcas rio:LU tolling Ilipalate extended regru LL TIL ELy addendurr pfir 1g FHisEor"Ly bgy refererndLIrT n. L'Hero Las enlisted to prepare iar Lipolars to Teet M nger ard Despir.
(Contiпцed)
U. Karl'ın atilake

Page 19
Conflict ReSO
Laurel Shaper Walters
C reS0lLutiÕn ha 5 b5COTE a "Social movement" of sorts the United States, Kriesberg says.
During the last 15 to 20 years, there's been an explosion of cases filed in the American court system. "The courts get overloaded and they don't work," Zartman says. This has created a need for alternatiWe dispute resolution (ADR). ADR includesa wa riety offmediation approaches that work outside of the judicial system.
"Many of the misdemeanor criminal cases evolve because of disputes beWeen méighbors Cor Fratrir Tonial dispuLes". Says Francis Terrel, director of the Urban Legal Studies Program at City Colege in New York. "The courts decided SOITIIe years ago that We've gottogetthese aLLLLLLLSLLLLLK S LLLLLLK SLLLLLLSL S LLLL a aL System and into another forum where they Can be rgSOlWed".
As a result, many states have Sēt Lup) community dispute-resolution centers to help ease the burden on the courts. These Centers handle low-level disputes between neighbors and families. Sometimes the cases are brought to the centers voluntarily by both parties. Other cases are referred by government agencies or COLUtlS.
Mediator SattleSB CertErS are trailed to listenir partially to both sides and Work toward a settlement. There's been a great deal of Success in this area.
"When people are involved in the decision making process about how their dispute is resolved, they tend to appreciate it store and follow Whatever SettleTertis arrived at because they were involved in the process," explains Terrell.
Federal, state and local governments are all turning toward mediation. The U.S. Department of Justice has established a Community Relations Service to helpinediate disputes, and Tany states hawe human-rights agencies that will conciliate disputes.
Laurel Shapcir Walters is staff writer, The Chrisfan Science Monitor Boston.
Many people view adversarial procedu through the courts. adversarial procedu games,"Zartman sa We dispute resoluti positive-sum games Where everybodyсо maybe even more C cof a high-priced la W
"In recent:years, beyond community There's been a grea of grwirOTEItali di: Kriesberg says. For disputes about sites disposal projects through mediation. Protection Agencya tiating With intere: issuing new regulati
The introduction bargaining helped conflict=resolution pr States. Today, the c beyond labor negot Es traitheir Tara COfict-5-Lito ti rial Cliti B LI Idir ngton offers prejudic and helps companie tional change,
After tilt 1ցgՉ T many conflict-resolu rkshops in the city. rESO|Ljtion Is ThÖre d the day-to-day case rnative dispute res. TOre of a situatiot batWEE land|OrdS , Indor on the street,"T obviously is much based on racial, e. underpinnings whic difficult to resolve".
Schools Cross t are gaining interest More than 5,000 c. gran Tsar 10W ir AT rding to the National

Ution (2)
Thediation as a less re than adjudication "We're learning that EStuTtO ZEIO-SLT ys. Throughalternatiоп, "Спе сап find or Win-win solutions, meSOLut better Osarld -heaply than the cost yer".
ADR has expanded and family cases. it growth in the areas Spute management," axample, բublicբolicy for hazardous Waste TE OFTE EIE TE EWOTEt lso has started negosted parties before
) S.
findustrial Collective
forge some of the inciples in the United oncepts have spread ations. Many compagers in mediation and chimiques. The Nationg Institute in Washie-redUCtiOr1 SBrTi13:rS S Work toward institu
otsin LOS Angeles, tion experts held WO
This sort of Conflict iffiCult tlO ladl ta s that crop up in altelution. "A dispute is hat occursday to day and tenants or a weerrell says. "A conflict
more deep-seated, COnomic or religious in Take it ITIUCITOrd
1e United States als0 in Conflict resolution. onflict-resolution proerican Schools, accoAssociation for Me
diation in Education at the University of MISS Chu SettS i Ather St.
Many Schools are training peer mediators to help defuse conflicts between studOrts OT between Students and teachers. IN SOTTE CāSES, TËdiation is ar alter Tätiwe to traditional discipline procedures.
"Most Studerts hawe o real Tödels for effective conflict resolution," says Douglas Stone, associate director of the Harward Negotiation Project, Stone has helped develop a curriculum Corn negotiaLLLH LLLLLL LLLL LLL00LLLLLLLLtL LLL LLLLLLLLS ry-school students.
"There are few skills more important than learning how to listen to others with Whom you disagree". Fisher says. "There are Specific technique:S that Work in resowing conflicts. It's not that you resolve all differences, but you say, taking all differen CBS into aCCOLInt, here are Some Constructive things to do".
The goal of conflict resolution is not to Wipeout all conflicts. "Conflict often is very useful. So Tieties. We need Conflict to be able to know what is important to us," Zartman says. "We should not get rid of Conflict. What We're talking aboutis resolving it or managing it, if it can't be resoWe'.
"Peace is dealing with difference peacefully; it's not an end to all differences". Fisher says.
Certainly, the World is nowhere close to being free of conflicts. But conflict resolution is gaining acceptance and helping Solve problems without violence.
"Conflict is a growth industry", Fisher Says. "With population increasing, with every business decision affecting the Ervironrrent With telecorrimunication 5 and the pace of life increasing, there are going to be more people and conflicting interests bumping into each other more and more frequently. What we hawe to develop is the skill and ability to deal with thern reasonably and efficiently".
17

Page 20
ETHNIC CON FLICTS
HOT SPOTS
Dawid Binder With Barbara Crossette
LLLTLOL TC CLLHTH LCTLL TTCLH TTL TLLLLLTLLLLSSS firாாமniy EFாக்ingtார்டியது LL HLCCCTCLT TLLLLS LLTLLuTMTS C TLTLLTT LLLS Lura liri progress
Europe
BOSNIA AND HERZEGOWINA Sertian forces have captured about 70 per cent of the country and, in an "ethnic cleansing" campaign, expelled or killed Muslims and Croats. Perhaps as Tanyas 150,000 people have been killed or gone missing and another 1.5 millioni uprooted from their homes.
CROATIA Serbian separatists controla third of Croatia's territory. An estimated 25,000 have died since Croaţia declared independence in 1991.
SAPIN Nationalists saying they represent three million Basques seek an independent state on the border of Spain and France. Since 1968, 717 people hawe been killed in Spain and 49 in France,
BRITAIN The Protestantmajority in No
tīrrad Warīts citirjēd rīvi Britain; the Catholic minority wants to join With the rest of Ireland. More than 3,000 people hawe been killed in fighting Eositween British troops, Protestant paramil|- tary groups and the Irish Republican Army Since 1969.
GERMANY. An influx of 650,000 foregners hawe SOLught asyluT1 from Bulgaria, Romania, the Balkans and other areasin the last two years. According to German authorities, right-wing and neo-Nazi groups carried out more than 2,000 attacks last year on asylum-seekers, resuIting in 17 deaths and nearly 600 injuries.
ROMANIA Romania's ethnic Hungarians, mostly in Transylvania, Want greater autonostly and the right to educate their children in their own language. There have been sporadic attacks on Gypsies.
RUSSIA Chechen and Ingushetia hawe broken apart and seek greater autonomy Within Russia. But Ingushetia and No
rthern Ossetia are fighting over territory
in clashes that have already killed more than 300 people.
MOLDOVA Moldova's mainly Romanian population seeks economic, political and CultLira ties With ROTalia. The Diaster region in Éiastern Moldowa, where most of the population is of Russian and
18
Ukrainian origin, de in 1990, fearing th: With Romania. Ab beer killed and 400 the fighting.
GEORGIA Ak. slims, seeks indepe RLSS, FOI FOO
Stirlated EO IWE Eo displaced in the figF tia, also dominate. Union. With Norther mous republic in Ru Stilated to haved
Middle East and North Afri
AZERBAIJAN TI пated Azerbaijап, : rces, are fighting ti Nagorno-Karabakh, led by Christian A independence or af An estimated 3,000 HWEEDE 51 killed Siri Armenians and 50C Spolaced, Kurds in W also fighting for aut.
TUR KEY Kurdish mited by the Marxistik have SQught a sep: fighting that has kille
RAC EFE CF parties rule in an ent rily by the United Several hundred has Iraqiforces since th 1991. In the south,
by Shiite Muslims S sands of Shiites law, of the Sun-dolin Thrilerit since the en
ISRAEL. The fif of Palestinians agai of the West Bank of the Gaza Strip, erL 1.OOO Palestinians
Israeli soldiers, 500 fellow Pä|Estiliärs E hla We been ki||Gld II||
ALGERA Argy has led to about 1: with government for CICE|d til SCC a year ago, When Is the brink of winning,

clared independence at Moldo Wa Wil|| Luite But E800 people hawe 0 others displaced by
zia, dominated by Muricience Of LITIOn With to 1500 people are een killed and 80,000 iting. Southers Osseby Muslims, seeks Ossetia, an autonossia. About 1,500 are ied.
C
oops irn, Musliir Il-domiiided by Russian foto end a rebellion by
an enclave popularelias Who Want filiation. With Armenia. people on both sides Ce 1989, and 350.000 .000 Azerbaijanis diestern Azerbaijan are J10my.
separatists represeKurdish Workers Party rate Kurdish state in 3d 2,500 Since 1984.
1, two major Kurdish tlawe protected TiililaStates and its allies. We died in clashes With EFETİSİF GLIF WET i läder SS of a rebo||ioT ay that tens of thoue been killed by forces ated Baghdad gove
d of the War.
da, a popular uprising mst lSfaeli OCCUpation the Jordan River and pted in 1987. About hawe been killed by | hawe been killed by dabout 100 ISTäielis Palestinian attacks.
t by Islamic militants 50 deaths in clashes Ces since the military ld round of elections artic parties were on
EGYPT. More than 70 people have been killed in clashes between Islamic militants and government forces and in attacks by militants on foreigners and Coptic Chri
I.
SUDAN. The government, dominated by Arab Muslims from the north, is fighting a longstanding insurgency by Black Chri. stians and animists in the South. THOUsands have been reported killed and Tilions displaced.
Africa South OftE Salz'E
MAURTANA GOWernet forces under the Arab-dominated regime of Col. Malawiya Ould Sid Ahmed Taya hawe clashed with groups angry over expulsions and oppression of a black minority.
MALI. A demand for sovereignty by ethnic TuaregS, a light-skinned norradic people, has led to fighting in both Mali and Niger.
CHAD President Idriss Deby, who OLISled Presidnet Hissen Habre in 1990, has faced sporadic rebellions in the west and South of Chad.
SOMALIA Clan fighting escalated into full-scale civil War in which 300,000 hawe died and a Tiliar TadЕ ПОТПЕВSS from War Os StarVatiOrl. An AITEriCarl-led Tiilitary force has tried to establish stability.
SENEGAL. In Casamance, a Coastal region mostly populated by the Diola tribe, there is opposition to Muslim domination in the government, Hundreds have been killed and thousands displaced in clashes With goverrent forces.
LIBERIA At least 20,000 hawe been killed and hundreds of thousands uprooted by civil War. Drawing support from the Gio and Mano ethnic groups, guerrilla leader Charles Taylor controls most of the Country, Presidnet Samuel K. Doe, From the Krahn ethnic group, was killed in 1990, and Monrovia is held by an interim government installed by West African nations in a regional peace effort.
TOGO Scores were killed last year as govern Tient forces loyal to Togo's leader, Gen. Gnassingbe Eyadema, of the Kabiye tribe, battled opposition forces, including those frČIf the riwa EWE tribe.
NIGERIA Nigeria, with about 200 ethnic

Page 21
groups, has many conflicts, but violence has been sharpest between the Hausas, a predominantly Muslim group in the north, and the mostly Christian Yorubas in the South.
UGANDA. The army under Presidnet Yoweri K. Museverni, composed principaly of members of the Baganda and Banyarwands tribes, continues towage sporadic warfare with northern rebels, mainly from the Acholi and Langi tribes.
RWANDA Fighting continues between the government, dominated by Hutu tribes, and invaders led by the minority Tutsi tribe, despite an agreement signed in July, 1992. Tens of thousands have died in 30 years of ethnic fighting.
BURUND Ethnic clashes between the majority Hutus and the minority Tutsis hawe killed thOLSarid5.
KENYA Clashes among tribes since 1991 have reportedly killed 1,000 and uprooted 50,000. Some say Presidinet Daniel arap Moifomented the confictito discredit moves toward derinocracy.
ZARE TOUSand Sla WEddirith East year in a civil War between forces opposing and loyalto Presidnet Mobutu Sese Seko, With vārius forces from Competing ethnic groups.
ANGOLA Renewed fighting between the government and guerrilla forces led by Jonas Savimbi of the National Union for the Total independence of Angola, or Unita, has left thousands dead and large muTube TSG HOTlallass in thalastfe'W WEEk5. Mr. Savimbi's strongest support Cortles from ethnic groups that hawe long felt disenfranchised by the leftist Luanda goWernment. There is also a violent secessionist movementin Cabinda, an Oil-producing area geographically separated from the rest of Angola.
SOUTH AFRICA Since 1984, about 15,000 have been killed in political violence related to a black insurrection against the White South African government. About 3,000 were killed in 1992, Tiany in clashes between Zulus and rival black gľ0 UP5.
Asia
TAKISTAN Tels of thousands of Tajik Muslims have been driven from their and by resurgent Communist armiesseeking to suppress Islamic political power.
MosE thari 25,000 hawe been killed and 500.000 displaced since 1991.
AFGHANISTAN After the Withdrawal of Soviet troops and the overthrow of the Soviet-installed leader, Najibullah, last year, the country has collapsed into civil War among competing ethnic factions. The Hazars Control Central and Western
аreas near Iran, th in Controlin the eas COltľol the IlOrth. T| ted to hawe been || Afghans are refug Iran.
PAKISTAN TIL riflicts between go secessionists and d the Northwest Fror in Karach has inv Muslims Who emigr time of partition with
NDA Tensions Muslims explodec Hindus fazed art Stäté of Uttar Prad across India, with 2, count, and many m Tlates. In Kashmir, |iaT1S and Indian tric a rebellion by the la
tion began in 1990.
people, mostly Hind In Punjab, an estin and Sikhs have be Tilitants rebelled in than 200 hawe been SeCeSSIOrlists rebell land, insurgent Bodt for a separate state, killed.
BHUTAN Gower against a revolt by E. led to thousands of N 1991.
SRI LANKA AT ir Hindu Tamil5 In thE been carried out ag. Whichis dOrminated t Sinhala Se. SimCB 28,000 people have ther 50,000 in the Ckdo Wml Ori Sihales
BANGLADESH. A Country's Muslimm; gong Hill Tracts reg led to an insurgenc kinas, a mainly Bud un drēds deāda displaced.
MYANMAR the than 250,000 Musli ngladesh. Hundred: hawe died in ClashE soldiers and separE rebels along the Th the last two years.
CHINA. After rebe rula in 1959, an es tans Were killed. M down again in 1987 people were believe In Xinjiang, when C slims of Turkic des

Pathans are largely and the Tajiks largely OLISands are Estimailled, and millions of les in Pakistan ard
adshawe die din Coern Ilent forces and Ssidents in Sindh and ier Province. Rioting Wedi da5:Cendants of ited froTi dia at the Pakistan ir 1947.
etween Hindus and December. When Sque in the northern sh. Rioting followed 000 killings by official ore by unofficial esti5,000 Tiilitants, Civiops hawe died since rgely Muslim populaAnestimated 120,000 is, Hawe fled Kashmir. lated 20,000 Hindus en killed since Sikh |982. In Assam, more reported killed since ed in 1990. In Nagais have been fighting about 300 have been
Tieml reprisals thmic Nepalese hawe lepales efleeing since
surgency by T10S tiy : north and east has inst the government, y the mostly Buddhist 1983, an estimated been killed, plus anogovernment's Craemilitants.
migration of the jority into the Chittaion in the South has W by the area's Chadhist people, leaving tens of thousands
last two years, more Ts have fled to Baare also believed to 5 between Burmese tijst Karel II og li-BurITESE border in
ing against Chinese irrilated 87,000 Tibethen Beijing cracked Several dozen more d to hawe been kilsēd. ina suppressed Mu= ent who rebelled in
1990, an esti- -tpd 50 people died.
CAMBODIA Reben factions have signed a peace accordered a 13-year
civil War. A SuprerThe Natio LIncil made up of the rebels and the ခြီးမျိုးရှို့မျို government is to advise the United Na tions, which administers the country's affairs, until a new government is elected this year. Various sides are constantly threatening to Walk away from the agreement. Khmer Rouge Soldiers hawe attacked many of the 100,000 Vietnamese living in Cambodia.
INDONESIA A. Civil War brké Out in East Timor in 1975 after Portugal Withdrew, and Indonesia crushed the pro-i- independence rebellion. Human-rights groups charge that up to 200,000 of the 600,000 mostly Roman Catholic East TiTOTESE hawe died of StarWratiom, disease or execution since Indonesia annexed the area. A separatist movement also exists in Orther Sumatra, Where Indonesia forces are said by Amnesty International to hawe killed 2,000,
PAP UA NEW GUINEA Rebels on the island of Bougainville declared independence in 1990. The governmentsubdued the rebellion in 1991 after fighting in which 3,000 died.
FIJI Violence erupted after the Indian -dominated government was elected in 1987. The government was overthrown and the current government consolidates ethnic Fijian dominance.
Latin America
GUATEMALA Conflict between the government and leftist guerrillas has had ethnic overtones because of the long history of repression of Indians in GuateThala. At least 43,000 Guatemalari refugees have fled to Mexico.
COLOMBIA A group representing rights of Indiaris, Cuintin Lamee, suspeinded an armed rebellion in 1991, but other Marxist groups claiming to represent peasants are continuing attacks,
PERU Since 1980, the Maoist guerrilla group Shining Path has won control of a third of Peruvian territory supported by Indian or mixed-race populations opposed to the Hispanic elite in Lima. About 26,000 people hawe died and an estimated 600,000 have fled to other parts of the Country, Thousands more have er nigrated.
BRAZIL Indians in the AITlazon are pressing the government in Brasilia to recogrize their traditional homelands. In the Amazon State of Roraima, the government is campaigning to expel gold miners from the land the Yanorari tribes.
- Ta Gaard Mali
1g

Page 22
Ramanujan :
Radhika Colomaraswary
he twentieth century saw the
demise of the literary text. Today, the World of anthropology and oral stories are Seenas the Core ellernent of ideology and man's construction of reality. As a Whole Tary of the innowations hawe taken place in the Western literary scholarship. Ramunujan was one of those rare thinkers whose style and talents drew international inspiration while being firmly rooted in South Asian experience.
The death of Ramunujan, at a young age and in a Sudder Tanner Was a shock to the international literary community. Every great civilisation needs an intermedilary, Arı intermediary Who Will translate Іhe exрегіепсвsiпаппаппerlhatisappeаling to the World community. The intermediary must be able to retell the stories of that civilisation iria Cor TipoElling Tarrër SO that it engages the attention of those who ETE OFT of a differt Crā āda differEnt age. In that sense Ramunujan was one of the great inter mediaries. His translations of Indian poetry and just recently his Folktales of Indian are precisely that:- An intermediary who brings forth the forgoLLLLLL LLLLLL LLLL aaaLLLL LLOLLLLL LLLL LL LLLLLL regional languages and the oral cultures.
There have been three phases of Indian intermediaries. The first came during the colonial era. When European scholars delved into India's past and archeology aL LLLLL Y L aaaH a aaLaLLL LLa L LL the revival of the pan-India languages Such as Sanskrit. The second phase invo|Ved rlationalist SCholars. WhO COri StrUCled India's Golden age and consecrated its written traditions Wether in Lawbooks of in the religious Writings. They endeavoured to build a pan-India heritage with a singularly homogenous thrust. In recent titles there have been other Scholars who hawe challenged the horTogeinity of dial Culture and infact Wish to Celebrate its diversity and richness. As Ramunujan LLLLLL LL LLLLLLa aL LLLSLLLLLLLL LLLLLL of India, as of 1961 Census, there are 1,652 mother tongues, ten major script Systems and a plethora of diverse religious practices. This diversity he sees as India's strength and he made it his lifelong task to bring these traditions into World consciousness by translating thern into
2O
A.
English for mainstre ship. By doing S0, will not be forgotter approach to history, wered by scholars W.
Ra Turujan's bes published in 1985, E. and War they include early classical Tamil haWg received raWe classical scholars.S. anthologies and Ter poems drawn from Were only known to Through Ramunuја Talde a Waillable to ti World across inter Tha
YOLUF ETG are of Gold and the poets are getting read fancy chariots dra Wml by eleph, Wilfrid TOW(:from Neg/Elmaya
This has been a published by Oxford regional languages hawe been borought thro Lugh Scholars lik the Pan-Iridiam SChI Sarisrit, RanTI LI rn Lujar South Indian langua
In his latest Work, Ramunujan mo Wes E text to the CT || Lr Hindi, Tamil Gujarat the Oral traditions alive by storytellers - for gen Bratic3TS O hoW Some tales are ( amdin different area draw on the sale. CaStattherBar ear east at the E HOW Storie:S WETE böOr new signs in differe TES of twenty-two tales fro divides the tales int. Tale Centred tales female heroing S Sa centred tales. He g.

A Tribute
arm Westem Scholahe ensured that they LIt like the subaltern they Will be redisco
of OWII,
t known work was Iltië, PGFTS, OTKOW3 2 the poetry from the Era. HIStral SatiOS WiiWS for other alected from the Eight ams, theseסg pחloו the Sankan period Scholars of Tamil. in they have been he English speaking tignal frgritigrS:-
Wearing IOtUSes
ty to ride
arts shield Iron King PeruValus)
Celebrated Volume University Press. The Erld Cl5SiCS COf India
to the MaisistrealTi e Raimunujan. What lars have done for
has done for many gaS.
Folk Tales of India, Way from the Written LOS CO || ||Tidig - i, Kanada, etc.... all un recorded but kept — pгіппагily wоппеп f children. He shows differmitir SCle, efas S but how they ofter Tythology. Infact he e Similar tales in the Bible thus pointing to rowed and retold With at Contexts. Folk e brings together It all over India. He 3 talES. Cof HE TOGS ald
along with tales of wing men in women es into hawe tales of
families, of gods and demons, hormourous tales-usually the "underbelly" of a larger tale, tales about animals such as the oria OLLLLLa LLL LL LLLLL LLLL LL LLL LLLLLL stories about stories a la Waltiki and the Mahabharata.
The stories are great fun and full of fantasy and imagination. They serve no gгапd pшгроѕе апd as Ramшпшjап says in his introduction"Birds do not sing songs because they have answers; birds sing because they hawe Songs."
In that Ramunujan is a child of the DeConstruction School which accepted each text, each story for its own worth and LL LLLLLLLGLLLLL aLLa CLLL LLL LLLL LLLLLLLLS ves. This focus on the poetry as an object and not the poet has led to a great deal of creativity. The Folk Tales of India in that SenSe appearS to be the appropriate climax to his life's Work since it captures the BSS en CB Of deConstruction in a nutShe|- Here are oral traditions reaching their fruition as objects of art Ramunujan's poetic translations.
It is a testament of a man who always Wished to bring the subaltern Voice, the pluralistic traditions etc... into the majstreat. As a scholar, he has succeeded in doing just that
A.K. Ranunujan Was William Colvin Professor in the Department of South Asian Languages and Civilisations and in the Committee on Social Thought at the University of Chicago. He is the author of ower fiftee books ad COLUtless articles. He was awarded the Padma Sri by the government of India in 1976. He was a scholar celebrated in all parts of the World and even Castle to Sri Lanka to deliver the Kailasapathy Memorial Lecture. A humanist at heart, he wrote poetry and translated poetry in an exquisite manner. He QWEditerature fOtSelf aldi itSelf and the Work he left behind is an example of his genius. It is with great sadness that We, who knew him briefly, during his visit LLLLLL LLLLCLL L LLC0LL La LLLLLLCLLL LL LLL LLLLLLCLSS HIS WIS a brilliat CaľEET Which Wil|| || be a standard for all those who study his work and who are associated With the institu
tions. Where he Worked.

Page 23
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