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ABAPVEFLY. . .
A mandate to scrap Presidency
If the SLFP led People's Alliance wins the General Elections on August 16 the Executive Presidency is likely to be scrapped. The PA will ask the people foramandate to do this with a simple majority in parliament. Some constitutional experts believe that this could be done.
A PA victory at next month's elections and a scrapping of the powerful Executive Presidency Would also mea that there Would be no presidential election in NoWeber as Scheduled OW. The presidency will be converted to a ceremonial one, with the President nominated by the Prime Minister.
They both pledge half-Tillion
Mr Thondaman, the powerful trade UiO bÖSS Wh0 - İS CalSO) a cabinet minister, has pledged half a million Wotes for the UNP at the August 16 General Elections,
So has the Muslim Congress leader Mr Ashraff-but his promised half million votes will go to the SLFP led People's Alliance. "We shall topple the UNPo, heannounced after signing what is now known as the Chandrika (Bandaranaike) - Ashraf pact.
Stop it, says TULF
M. Sivasithamparan, leader of the Toderate Tarmi United Liberation Front (TULF) has petitioned the Court of Appeal to prohibit the
ConTTiiSSionero ol гeceiving поппіп Jaffna District for
era ElectionS.
The TULF has
that the Gower
of lot. Thoire thall {
Jaffna electoraldi free and fair electi
ге ђе ће!ld.
Betrayal, S:
Deciding to ge August General |leader Dimesh Gi
accused PA lead ndaranaike of bi ples. At a press wing the breakd talks Mr Gunaw: even the Wishes
Bardaranaike he rded by daughter
The PA, said appeared to be issues. Among til rger of the North shing of the Prov mixed economy
open economy.
UNIP disap a C
Fir d:tOr Sä has quit the UNP ted Tlal".TE had dome Wery litt industry, the acto not Supportany (
А warningа
PrOTingnt ITO ddhist leadersh:
government as W

FElections front lations for the
Text Orth's Ge
saidin its petition ment has Control 20 percent of the istrict and that O.
OCOLuldtherefO
ays Dinesh
it alone at the Elections, MEP Lula Wardere has er Chandrika Baetrayal of princiCOffereCe f0ll0
OW of PA-MEP
dela Said that
of Mrs SiriaWO Ld been disrega* Chaldrika.
the MEP leader, 2 avoiding wital TET: the de-Theand East; aboliincial COUCilS; a in place of the
points film tOT
Is liath (GUIslatlake "a very disappoiJNP government le to help the film Said. But he will
other party.
gainst deals
nks and lay BuaWe Warned both Vell as opposition
leaders not to give in to "unfair demands" made by minority groups on the eve of elections. Such opрогtшпistic agreеппепts in the past have ultimately had an adverse effect on the Sinhala interests, they hawe Said.
The jointletterto President Wijetunga and Opposition Leader SiriTlawo Bandaranalike has beer signed by well known NayakeTheras, including Madihe Pannasiha Maha NayakeThera, and lay Buddhist leaders including GarTarl Jayasuriya, President of the Maha Bodhi Society, and Dudley Gunasekera, President of the All Ceylon Buddhist Congress.
GUARDIAN
Wol. 17 No. 6 July 15, 1994
Pri | R5. TOLOJ
Published fortnightly by Lanka Guardian Publishing Co. Ltd. No. 246, Unior Place Colombo - 2.
Editor Mervyn de Silva Telephone: 447584
Printed by Ananda Press 825, Sir Ratnajothi Saravanamuttu Mawatha, Colombo. 13. Telephone: 435975
CONTENTS
News Background 모 The SLFP Foreign
Policy Statement 3 Civil Rights 卓 Twenty Fifth Hour - III Wedia O Arthur C. Clarke 12 Reflections on an Invisible
Minority 13 Human Rights 15 Sports 18
Соптesропdепсе 2O

Page 4
/WEWSEACKGAOL/WD
THE ETHNC
Mervyn de Silva
T election campaign, it is widely agreed, is dominated by two large issues: the ETHNIC and the ECONOMIC. The first amendment to that was introduced by Dr. Lal Jaya Wardena, the former director of the Helsinki-based, wider and "shadow" Finance Minister, of the SLFP-led Peoples' Alliance. Though he ran into some trouble when he spoke of "private" universities in an interview, Dr. Jayawardene's argument may be Summed up in two words now quite familiar in the ever-expanding vocabulary of "conflicl-resolution" studies-the peace dividend. He had in fact dwelt on this Thatter at fair length in his BCIS Convocation Address last year.
The defence budget has soared to 20 billion (and rising). A negotiated settlement of the conflict, and an end to the war against the separatist Eelam "Tigers" would allow the government to divert these large resourCBS to Economic development which in turn Would create jobs, a major cause of youth unrest and rebellion. Twice in the past two decades, armed youth revolts had swept the Sinhala South. The first such revolt was a direct challenge to the SLFP-led United Front administration of 1970. The Tamil Tigers' had taken to guerrilla Warfare in the next decade. Now it was a full-blown secessionist insurgency which has sent Sri Lanka deferice Vote soaring. A negotiated peace Would See the Writ of ColorTibo rUn through Out a Lumited Sri Lanka.
The international community would welcome SIJIch a Step. So Would our huge neighbour India which is now nervous about the impact of the armed Tamil revolt on its own large Southern state Tamilnadu. The aid agencieSas Wellas private inwestors Would Welcome Such an initiative; certainly those European Countries, Canada and Australia, that are reluctant hosts to thousands of Tamil refugee families. Apart from the burden on the Treasury, these refugees have become a fairly serious social problem wherever they have settled in large numbers. If peace and order prevail in the North, many of these families could be persuaded to return to Jaffna.
2O-2OWISION
The retuTard re-Settlement of these refugees would of course cost money but the governments of these countries would be only too happy to cover the cost of the exercise, and probably reward Sri Lankatoo,
Western goodwill and largesse apart, the
ECON
Lal Jayawardene the B.C.I.S. Convocation mber was a follow-up popularly called the nOrS, bilateral Or multi 20% of their aid for E prTent needs as the q ping Countries allocati to these same needsbasic education, lowrban Water Supply an tion support.
The 20-20 Wision Cortpact.
Right row Sri Lanık these needs whereas 150 the War. Tiss also argues for a do Therit as a reward for and foreign aid i.e. an avery dollar sawed fro
EDWOFAO
Don't dodg
On the economy The open market a major deviation their opponents at market economy the face of Sri Lan economy can also net of social welfa welfare measures utility services w! of life for her peop
It will be in the have to concretely Presidency? Will be a reversion to th noises om this SCO to dismantling the te and strengthen Leviathan state. W rights which hawe PA for example h; while talking of a suitable condition and the three ra Corporation, Rupa
It it also desiral their solution to t What degree of de there be a merger to the Provincial ( consensus between country's very fate

OMIC IN COMMAND
sls presented in his
Address last Deceothe UNICEF project 20-20 WISION". Dolateral, should pledge riority human develoWapwoquo for develo1g20% of their budget -primary healthcare, cost rural and peri-u- | sanitation; and nutri
would be a global
a commits only 8% to it Spends TT1Dra tharl ame School of thought lar-to-dollar arrange* linking disarmament extra dollar in aid for marms budget.
WAR AND PEACE
As the election campaign gets underway, I don't expect the Wijetunge government to adopta"PEACENOW” or"PEACEINOUR TIME" line. On the countrary, it may be tempted to take a tough line on the war in the belief that Sinhala-Buddhist militancy will winmore votesthan the case fora negotiated settlement. Judging from past experience, the party that adopts the "tougher" Sinhala-Buddhist "no negotiations-with-the-terrorists" line believes it can crowd its rival. That's how the debate has gone in the past. lotus SeeWhat happens this time.
And in that Connection, I think that Mr. Dinesh Gunawardena's indignant outburst, righteous too, could be a pointer. It would be like father-like son, typically Philip. At least doWin the ColobľTO-Awissa Wella road, it could present sorne problems for the Peoples Alliance,
PWOW
e vital issues
there seems to be broad agreement between the two parties. economy will continue. For the People's Alliance this has been from its past policies. And no doubt the UNP will crow about :cepting their policy. There will be little dispute that the open lid release economic forces which have significantly changed ka. But what must not beforgotten is that an unbridled market throw up problems of social dislocation which call for a safety emcasures. Sri Lanka cannot afford to abdicate from its social in the fields of education and medicine and some of the major nich in the past have contributed to a high physical quality
le.
political and social arena that the two major formations will spell out their policies. For example what of the Executive the Gaullist Constitution be dismantled and if so will there he Westminster system? Even the UNP has been making some re, while the Pople's Alliance has expressed its commitment Executive Presidency. Asimportant are measures to consolida1 civil society which has often suffered at the hands of the What measures will be taken to give back to the people their become eroded by the all-powerful Executive Presidency? The as issued a wide-ranging policy statement, on the media but balance between private and public ownership as the most has failed to specifically spell out howit will handle Lake House dio and television monoliths, the Sri Lanka Broadcasting
Wahini and ITN.
le that the two parties spell out in the most concrete terms he ethnic problem which has been bleeding the country dry. volution will be granted to the North and the East and will of the two provinces? What is the attitude of the two parties louncil in the rest of the country? Ideally there should be a the two parties on this most crucial of issues on which the
will hinge.
- Siryfafgysgafnaf

Page 5
Order and Disorder
When they get back to Colombo, visitors to the northern peninsula, both Sri Lankan and foreign, report the ceremonial routine at the LTTE-controlled point of entry to the Jaffna peninsula. Foreigners and journalists, in particular, give youthe "picture" in more wivid detail. What We gather from such reports is that an administrative system-police, customs, immigration, all the form-filling - is taking shape. At the Kachcheri where a senior Colombo-appointed civil Servant presides, many of the routine duties are
performed by Tamil nominees or answe
What We are obs is the scaffolding structure. Authority flows from the bar ultimate analysis.
Contrast that to th city of Sri Lanka, V for Nominations, Mr Widow of Preside about to hand in he
"Lessons from Philippines -
Prof. EDO Garcia
Professor Ed Garcia of the University of Philippines and author of several books and articles on theories and practice of conflict resolution, as well the Philippino experience With internal conflicts, preseinted a lecture entitled "Community-baSed Strategies for Conflict Resolution: Lessons for the Philippines". The talk was organized by the Centre for Policy Research and Analysis, which is affiliated to the University of Colombo. The talk took place at the Faculty of Law on June 4, 1994.
Professor Garcia, no stranger to Sri Lanka, has interacted with Sri Lankan academics as well as human rights and political activists in Warious international fora, expressedanguishower the Unresolved internal conflict in Sri Lanka. He further observed that being the "Election Year" in Sri Lanka, the conditions were favourable for a "bipartisan peace initatiVe". He, however, also cautioned against the tendency on the part of politicians to uSethe "peace process" for narrow politiCal edS.
Proceeding to the Philipinno Case. Ed Garciapointed out that more than 80,000 People had been killed in ethnic conflicts, as Well as in relation to conflicts overland. The advance made in resolving the intemal conflict was primarily due to "Citizen Participation" in shaping events and in exerting pressure on the State and Guerri
as alike.
Professor Garcia, whose specialty is methodology of conflict resolution backed
by practical experiei audience what he DJ-ET" - Of REE components of Conf
Commitment to Solution.
Citizens particip: nued wigilanceth re high on the na
Recognizing the mediation.
Cornfide Ce-build in conflict and : harness support
* Searching for a alled at overcom bia wis a wis Cach
Defining the cub:
identifying areas fore proceeding issues.
Times framt sor COfflict.
Monitoringinechi
Long-tern Peace ITIITES.
骨
Looking for differ
Following the pre: there was alively dis audienČe Which inclu dents, political activis

SWho are either LTE Irable to the LTTE.
erving in other Words of an administrative needless to add, "el of a gun..... in the
le Scene inthe Capital when on the last day s. Hema Premadasa, nt Premadasa, was r nomination paperas
a candidate. She didn't. In an emotional scene, she finally decided not to enter the contest. It was the family that was deeply divided. It was division and discord in another even more important political family that led Mr S.W.R.D. Bandaraaike's only son to quit the party that S.W.R.D. founded when he realised that D.S., the grand old man, was grooming his son Dudley. The discord in the UNITED National party mocks the name its founders selected. Institutions are coming up in Jaffna; in Colombo, basic structures cru
be,
-Lessons for Sri Lanka”
ce, placed before the terried his "Bakers
ctions on 12 essetial
lict resolution:
a negotiated political
ation to ensure contiat priority issues figutional agenda.
need for 3rd Party
ling botween parties strong leadership to for peace process.
cceptable processes ning mistrustandpho
other.
stantive issues.
of Convergence, beto tackle Contentious
de-militarization of
STS.
2 Education Progra
It alternatives.
sentation by Garcia, cussion amongst the |ded a CadaTiCS. StUsts and journalists.
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Rs. 250/- for lyear RS. 150/- for 6 months

Page 6
ΡΟΡΕΙΟΝ ΡΟΙΙΟΥ
Statement by the
1.
It is the SLFP's belief that the proper conduct of foreign relations requires that 3 indispensable conditions be fUylfilIgd:
(a) the foremost need is a coherent
policy;
(b) the formulation and implementation of such a policy entails reliance upon the Tachinery of a properly organised and run Foreign Ministry, supported by Corectly located and adequately staffed diplomatic Missions abroad;
(с) rшnпіпgthatпmachineгyandkeеping it in good order require a systematically recruited, We|-trained and appropriately deployed professional Foreign SerWi:Ce.
The management of our foreign affairs during the 17-year period, now drawing to a close, by 3 succeSSW UNP Presidents and their respective Foreign Ministers, has been characterised by irrefutable failure to meet any of these conditions. The salient features of their failure are reflected in the following realities:
(a) the only discernible coherence in UNP foreign policy has been the self-evident Willingness to Subserve external forces and interests which were agreeable to sustaining the UNP in power, regardless of the damage inflicted on rational resources or Social Welfare at hortle;
(b) relations with India were so atrociously mismanaged that, in the first place, Sri Lanka was reduced to the position of swearing an affidavit of good behaviour through the Jayawardene-Rajiv Gandhi exchange of letters which accompanied the Accord of July 1987 and, secondly, We were compelled to invit , Indian armed forces to defend the territorial integrity of our Country;
(c) having launched the process of South Asian regional cooperation (SAARC) in Colombo, We insulted our partners by applying unilaterally for ASEAN
The Tibership,
(d) separation of the positions of Head of GowerTent and FOreign Minister by the UNP in 1977 led to atrophy of the Fo
reign Ministry's Working foreign ctive substitutior SSiOrla TE2Cani
(e) the profess reign Serv Under Til
Y¥: of kit-andпuling party" by suborn in for Sake the TTitlert E reWard of C based Ori 0{
E FEITO
it is useful recall son and Contra: the managemer previous SLFP;
(a) relations. Wit Fälled th:3 mingly intra problem of
BCeltidia ssfully resol
(b) соherence { Lanka to E Of the NO and to OS COOTEOOil
(C
Our Standin community, Wher WE WE Security
almost a by Sri Lankar neouslyheli ttedly prest rnational po
(i) Chairper gned Mo Thing | Pri Siri TläW) (ii) Presider
Assert
E UN LEl CE-t Shirley (iii) Secreta COBE De Welo Corea
The SLFP Will, ce, repudiate th contradictions policy and revi Tanagement C Which will bety policy relating

! SLFP
role in making and policy, Without effeof any other profeST1.
|ST of FlE FCice was cупically
in 2 ways, - first, gitwith the induction kin and Cronies of WIPs and, secondly, g career officers to ir professi ornal COind integrity for the afeer adwam.CerTent blitical patrOnlage ra
Terit.
, by way ofсопрагіst some features of it of foreign affairs by adslinistrations:
hIndia Were So Well the Crucial and Seectable post-Colonial stateles persons of In origin was succeWied ir 1974;
of policy enabled Sri
} a fOLIrder ITETIDEr
-Aligned Movement its 5th Suit in 1976;
g in the international
first evidentil 1960 are elected to the UN Council, became, Word in 1975, wher
grSorialitie SSirm Lultad the following admiigious elective inteStS:
Som of the Nol-AliWEIT191t: Te Ministër - Mrs.
Bādārā laik
't df the UN GEfErä| ly and President of aw of the Sea Confeng latg Ambassador Ameresinghe ry-General of the UN ance on Trade and Terit. Dr. Garlari
When elected to offie incompetence and Jerwading the UNP's ert Without delay to if our foreign affairs pified consistency of to national interest,
and reliance Upon stable institutional arrangements and professional expertise. Some of the consideraUS WFl W|| i foTT E SLFF'S programme of long awaited renewal in the field of foreign affairs are deli
eäted boldw
The SLFP retains Cowiced that 2 clusters of factors must underpin any realistic approach to foreign policy: first an appraisal of geo-political realities arising from our own location and standing: Second, a clear World view: that is today, a perception of crucial driving forces in today's world, and a conception of where Sri Lamka Could and Should stad i relation thereto,
We are acutely conscious of the interdependent nature of Security in the contemporary world and of the legitimaterational security concerns of sovereign states. The SLFP-led government will, therefore, actively support and encourage all efforts to resolve outstanding bilateral COnflicts in the South Asian region which are consistent with the principle of national sovereignty and which receive the consent and Support of the states involved. Our policies to promote nuclear non-proliferation in South Asia and to co-operate in joint Solutions to COTITO environmental problems, Will be designed accordingly.
A conspicuous characteristic of the CLurret i terrati O SCE S te emergence of economic and regional Communities. In the recent past, We have seen two dramatic manifestations of this in the fortation of NAFTA ad APEC. Midful of the Constructive potential of these deveopments, the SLFP declares itself unequivocally committed to SAARC and to augmenting its strength as an effective and dynamic instrument of regional Co-operation, in collaboration with our neighbours. We recognise the trend in international economic relations towards regional economic associations as Waluable contributions to a prosperous World economy, and Will actively promote SAARC and the South Asian Preferential Trading Area (SAPTA) inthis Context. Complementing Cour Collectiweerdeawolurs in SAARC, the SLFP believes in exploiting fully our bilaterall eCOTO ITiiC relations with SAARC and Asian neighbours for mutual
Defit.

Page 7
8. Recognising the enlarged role of the UN in containing tension and facilitating conflict resolution in the conteTporary World, and acknowledging the importance of the organisation's activities respect being based on Solid COinSenSUS of its member States, the SLFP-led government wil give its wholehearted support to the activities of the UN, compatible with the principles of national sovereignty and sovereign equality of states, Moreover, Convinced as We are that the strength and durability of his international Consensus and the effectiveness of action based upon it will be enhanced by institutional reform of the UN, the SLFF gowemment Will support proposals designed to enrich the organisation's contribution to international peace and security. This commitment extends to supрогt for plaпs to increase регmament membership of the Security Council to include developing states and to make that body more truly representative of international opiΠΠ.
9. Cortliensurate With OL Commitment to improving and strengthening the human rights of all Sri Lankans which have been cynically violated by successive UNP regimes. We Will Supportal endeavours to protect and promote human rights globally. An especially importantelement Of Our COm Wictions is thathUThan rights should encompass not only
civil and political nomic and Social SLufferêd COmparĚ international sys position is that ii directed towards
protection of humi be treated as a W any state or group. bE fLrdEd Of a
SeSuS. There ni adherence to the istlB CFlärtB oft
10. In full recognition
iteratil tre development an SLFP pledges th; attention to Sri LE ofteew World and associate its the initiatives of th Developing State of Third World imt economy. The SL cal of the UNP go lar lack Of COCe| tions of the recer guay Round of G and is COT. Titted of a coherent lon gy as an importa of our foreign pc of opinion that ar profile for Sri LE century, should E. priority in our for WEES.
CWL RIGHTS: WHERE DO YOU STAND
Guestions from C
Political parties and candidates seeking Votes at the presidential and parliamentary elections should spell out clearly and Coherently their programmes om human rights. The Civil Rights Movement urges them to do this using the language of specific Commitment rather vague generālsāti.
As a preliminary step CRM, following its usual practice at election time, lists below a few questions. In selecting them, CRM has limited itself to some simple issues which it considers relatively uncointroversial. It believes that political parties and Candidates Carl af SWer these With a minium of effort. We have not listed all (or indeed even all the most important) undertakings CRM would like to hear from those who seek the people's votes, CRM has exercised self restraint for practical Teasons. The present ainm is to obtain some commitments, even if they fall short of the ideal. We hope that other organisa
tios and indiwiduals W add to them. CRM pla a separate set of quest rule, and possibly oth
In SOT19 CaSOS, IT depend on factors ou Introl, such as a spe majority, or action by Such Cases, our questi rstood to near Wet everything within your the proposed measu CRM's view that thes to matters of princip Upheld by all politicalp are in power or not. W Very much appreciate you Will promote therni ther your party finds it or opposition.
Question One
Will yoU bring Sri Lar

ights but also eco
rights which hawe ative neglect in the te.Te SLFPS "ternational actior the pгоппоtioп апd an rights should not Weapon Or lewer by of states, but must genuine global comust be unrelenting principlesspeltout he United Nations.
of the Vital role of le in our country's Id prosperity, the at it will pay special Inka's membership Trade Organisation elf strenuously with he Group of Fifteen as in the promoting erests in the global FP is strongly critiovernment's singuIn with the implicatly concluded UruiAAT for Sri Lanka, to the development g-term trade stratent and integral part licy. We are firmly enhanced trading anka İnto the 21 St Ie accorded explicit eign policy objecti
1.
1.
The SLFP reiterates its policy coTitlert to the eradication of all forms of discrimination and injustice in international affairs, and pledges active support for efforts towards a just and peaceful international order, The Party also reaffirms its commitment to global disartament and sustainable development.
We note with alarm and deep concert the partisan interference in our Foreign Service by UNP goveTerts and their extree reluctance to reward merit and professionalist in the Service. The distal attitude forced upon the Foreign Ministry by UNP Presidents usurping the foreigп policy functioп of goverпппепt without recourse to any institutional SuppOrt, änd the dévalLälicJrl Of the professional Foreign Service brought about by the UNP's thinly weiled contempt for professionalism, perSeinanybranch of State Service, Wile reeded Will deterrilation by the SLFP. We will immediately undertake a threefold programme in this regard: re-assigning to the MiniStry its appropriaté piwotal role in Taking and applying foreign policy. rationalising the location of our Missions abroad; and restoring order, Coherence and method to the recruifrflèst, Cafééradvancérrièrt änd dèployment of the professional ServiC8.
CRM
ill take them up and ns to follow up with
ions on emergency af SLubjects.
plementation may Itside a party's cocific parliaппепtaгу " Le EXE CLIVE || On151DLld Houndgher you would do power to implement ire. Iп event, it is e questions relate le that Should be arties whether they We would therefore /0UraSSUrart Ce that irrespective of wheIself in government
ka's law into Confo
rmity with its international human rights
Coblig
ations by making the necessaryame
ndments to the Constitution? In particular, will you amend the Constitution to
(a) reformulate the restrictions permi
(b)
(c)
(d)
(e)
tted on fundamental rights, and require that restrictions rust be only those which are necessary in a democratic society?
provide for the right to privacy? provide for the right to life?
provide due protection for aliens?
repeal the provision that keeps existing laws valid even if they are Contrary to fundamental rights?
Fx plana fory Tofe. The Drovisiors Ofour LLLLLMC ML LLLL L LL LLLCLCLLLCOD
legas
obliga firms ir se wera importart re
spects including those listed above. These obligations were Linderfaken by Lis when we
5

Page 8
LLL aL LHMMMHMCM LCuLLGMM LLH SLLLT and Political Rights in 1980, but we have defaulted despite pointed corrents of the Hurlan Rights Cornmillee of the LIN which is charged with monitoring compliance by signatories. As regards the rights of alians, the Cover lar if recognizes that they have no right of admissar o a Country, and hahey may ba admitted subject to restrictions relafing fo employ"Tor), Wolfing, efc. But d'har freedorris such as expression) ard associaforl7 77 LISť be gränsad fo herr). Sri Larika's own large Workforceabroadays a particular resporisibility or Luis Sēlē further CLĖession) FW3 Epée,/JW,
Guestion TWO
Will you grant individuals the right to petition the Human Rights Committee of tE UNT?
Explanatory nose. Sri Lanka became a party fo fiha Infamafionā/ Cower7arif Car Civil and Political Rights in 1980, But it did not sign the Optional Protocol to the Covenant, This WLusdarabise indiwiduals Who CafT fair rights have bearl Violased lo appea ko år independent international frib Lura, rnarTealy The Human Rights Committee of the United Nations, which is the body created by the Covenant fo Toriffor rts irriplerTentation. Such appeals are possible only afternational LGLLL LCtLLLLLLL LLLLCL LLLLLLCLLLS LLLLLLLCCCLC L rī dārger of frivlisefirs, Had Srī Lākā fāk filis Step, Mrs. Bārzdara rake Could hawe appeased to the HLM 77an Rights Committee on the deprivation of her Civic
gs,
Question Three
Will you grant individuals the right to petition the UN Torture Committee?
Eplaatory ofe. Sri Lanka raied he UN Cornwention against Torfura and other Cra/, /n/hun77an, or Dagrading Trearrer! Or Punishment in January this year. But it failed o rlake le declarations under Articles 21 OLLLK0L LLtLLL HLHLGLLaLGMMLMLKaL aMLLLHHH tribunalset up Under The Convention to Entertain complaints from other stafss, parties or front individuals. Here again individual CoImplaints would be erilerair?Ėed Orly affer GMtaHLLMM LGMMCLLLL CLL LCC LLLLLLS L0L frivolous complaints need not be feared,
CLUEstitial FDLIT
Will you ratify the additional part of the Genewa Convention which deals Specifcally with protecting victims of internal ärit?
Explana for y nofe. We reser fað Addifficiral Protocol II, Sri Lanka has baan a party to Fle Gerleya (COPIWafff075 Sill:3 795,9 bufFräS Ha LLLLLL LLL CLaatM CLLGLeL GTLTT to the protection of Wictims of non inferrafioLLL LLLLCLLLHL LaD LLTLLL LL LLLLGLLLLL subsequently, This is particularly relevart sin the light of the conflict in the North and East,
6
Moreoverratification it binding on the LT TE The LTTE any lega's hasрагіicшlaгlу їпрол section of the civilian
Guestion Five
Will you ratify the on migrant Workers :
Exposar afory nofel WWE ΠειI CαηνάπίίαΓι απ 1 Fights ofAMMigrant ! Offgirt Falfig.5. T'75 for Luis, ir1 Lview of the rafiorials who work a Ser77-5kladard Jr sk yees ir 7 fshe Middle Ea with far Tora acute nfered by expatriates CaSSES. TPG Carl Lyr ve do CLiffert, Wes/1C Fersiwe, dearg With profection needed , f "rdcurrented'rig sales. It is esserl. try to seek the widess p irriparentation of this step is obviously for
Question Six
Will you repeal the ndment) Act?
Explanatoгу поiе.
ctions on Seeking CE ega reedes agar officers. It was passe of strong protest by h tions. Subsequent go по аІїелтрffо герва! ї
Question Seven
Will you create machinery for the res of public servants reg Corditions of their er
Explaлatorу поte. for the private sector Industrial DiSOLESAC Sector. PLI. Sewari іп 1980 were depгive rgercy regulasons Wi aேrassing their gre WIS DEfferirler. The during World War II.
Avoidance of Strikes of 794f2 was 77a da bi of Ceylon under sh neous) Regulators. and MockCLUÍS I 7 ESSE COrlSFFLufad Fr77| J7a|5 disputes. Proper pro grieg war Ca5 by sfase E rodig in Sri Lanka.
Question Eight
Will you protect the

үїӀашӀоллаїcaІүлTaќе without conferring on |alμ5. This agreaΠαπί amf provisions for proJopulation,
1e WUN-COmwention and their far Tilies?
* refer fod The nifer na fiol)- Prict offic MWorkers årld Marlbor:S has special relevarice large nurber of our broad in particular he їledSгїLалkaпетр/с- Si who are o'er aced roborms Phan ary COLfrom the professional tion is a very impressiJught-out and compremany aspects of the or both regular and raf Workers, ale Per Il s'ha Lur gloyerrrrler?! ossible raffificationard texCellMera7l freasy. A sorSľ Sri Lanka itself to ratify
! Interpretation (Ame
This Act placed restritrair WeMW established 1st the acts of public fi 7732 Ir Ile de Lirimār) righľS Orgar7iSavernments have made
independent arbitral solution of grievances Jarding the ter Tsand тmployппепt?
Such machiпегуexists (arbitratiori uri dar the :t) but of for the public ľs Who Warrf an Sľrika d of Their JöÉs by emethout the opportunity of Wär CÉS. TE SLECT) CsOffa af StraffC) The Esser Iffa Services Sard LockOLJfS) ČOrder y the British Governor a Defence MiscelaWhile prohibiting strikes Ta sa Wices he Order
to antiffrate of Irada Wïssa) 7 ser ress for Cyf Pri ployees is forigo:We
independence of the
judiciary by a tending the Constitution so as to prevent Select Committees of Parliament examining the conduct of judges?
ExpЈапаѓогу поfe. There have beem three occasions or which the conduct of Judges have been he subject of examination by LLCLLL LLLLLLLLC0L LT LMMLLLLLLLLYS S LLL S LLLLLL was in relation to theasternpled removal from office of Chief Justics Newie Saarakoor. Yn CRM's. I wisgw. This is: LIri:COinS fift fformal, but I'r ffhas happended, Thereforg the Constitution should be amended to specifically preclude it happering again. The removal procedure should provide for the friquiry to be held ty an independent judicial tribunal (as instance under the Judges friquiry Act 1968 in India).
Question Nine
Will you free the Associated Newspapers of Ceylon Limited from government Control and implement the originally proclaimed intention of broadbasing its ownership?
Guestion Ten
Will you create independent radio and levisid äLutoritis ärdhäid Vert them the present state controlled ServiCEST.
Question EleWen
In the interests of freedom of expression and information and the right to a fair trial by an independent tribunal, Will you repeal the hasty 1978 amendments to the law of parliamentary privilege?
Explairmatory rofle, li is rTiarnifesty L Insafiisfaclory shal Parliament act as complairant, prosecutor and judge. This was recognised иулвал ошгlawofдаг/атлалfaryprivilegg was adopted by an ALL PARTY CONSENSLS ir 1953. A hasiyari Terndtnerntrusilied Through L00L0 HHLCLGOLLGHO MLGLL HaH kLHkkLLL CLLCLS SubseqLent amendments have Tade the si La for Worse Boya Lufferising er harCEidpunishments, and Widaning the category of Tratters ha canno be reported Journalistic reporting and Cortimerit on parlamenlary proceeding is seriously inhibiled, la fie defrr:Terf of the Crucias right of the people foi LL LHHLLL aC LCL LaHaaaYLLEL LGa KLaaaaLLL La fose fhey a We Wased fa represerifferT7.
Question Twelve
Will you create independent machinery to handle complaints against the police?
Explaлafогу поte. Any syslem seї шр should corri and public confidence and be independent of the Police Department. Such a step was recorrended by the Corporalensive report of the Pasca Commission (Coposed of refired Chif Justice Basnayake) appointed during the LNP government in 1969, and published during the United Front guvernmentin 1970, but nogovernment has rrāde army aftermpf so simplement i L.

Page 9
7WEWTMA/FTHAOLVE III
The State Of Terr
Jayantha Sornasundaram
ИМаутамаг flooks area fулг77ёд ММагта/SQ
W7 Wé9 WWWÉ ALWYMAY7
= HEilirith HEITE
nti Tamil violence began in 1956.
On June 5th whilst the Official Language Bill was being debated in Parliament the Federal Party staged a Satyagraha at Galle Face Green. Soon after the Police on duty were withdrawn, the demonstrators were set upon by thugs who were widely believed to be MEP supporters. It is reported that Parliamentarianslaughed when they were told about the mob violence outside. The attacks spread to the Eastern Province where colonists recently settled under the Gal Oya Scheme attacked Tamil villages, homes were burned and places of business looted. Around 150 Tamils were killed in the Gal Oya Walley,
In May 1958 in the wake of the collapse of the Bandaranaike-Chelwanayakam Pact widespread anti-Tamil violence occurred. The first attacks took place on trains carrying delegates for the Federal Party Convention in Wavuniya. Howard Wriggins has recorded the events in "Ceyal DW377735 ofa Waw Wałowi.
"The outbreak of violence began when a train, presumed to be carrying Tamil delegates to the meetings was derailed and its passengers beaten up by ruffians. The next day Sinhalese labourers set fire to Tamil shops and homes in nearby willages....
"Arson and beatings spread rapidly to Colombo. Gangs roamed the districts Where Tamils lived, ransacking and setting fire to homes and cars and looting shops. Individual Tamils were attacked, humiliated and beaten. Many were subjected to torture and some killed outright".
For days mobs roamed, challenging people and setting on then if they were Тапil. In Kurunagalla, a young man was stopped and asked to recite Buddhist gathas to prove he was a Sinhalese,
Mendis who was a do so. The Tob the
Tafzie Wittachi in
records the detai Wa Government Ag hadd to Shelter Tarr nists and was finally se the Army to oper
Despite Bandara State of Emergency Army called out. In Gunaratne had to p gation Dept. employ na Maj. F.C. de Sara gangs. The GAC "Passing vehicles W. occupants merciles trains Were halted: thepassепgersпшth were many instanc brutal scenes as TE Looting was rampa
Wriggins conclud days of disorder in 300-400 killed, ow arson, looting and Ceylonese transfort fugees,
The violence spr areas where Tamils attacked. The Indial had to be taken up their Welfare.
FTC. S.J. Tidslist ty recalls that he "W. team of University L Whorn were Sinhale! in a sociology study tion in Gal Oya whe ctedly broke out in SihleSE Public W On the rampage in cking Tamil shopke sant Colonists. My tous formy Safety, i closed doors whilet Was later hidden

"Of
Methodist COuld rot reupon killed hirT.
his book Emergency SHOW i Polarerit Derrick Aluwihara ils fieeing from Colocompelled to authori
fire.
maike's relLUČtär ICB a Was declared and the
Padawiya Maj. M.O. Iursue and chase irri"ees While at RatrmalaIt had to subdue CTB lombo reported that "erestoppedапdtheir sly assaulted. Moving at saweral pola CES ad lessly attacked. There es of arson and Such in being burned alive. lt".
es: Theto|duringthe cluded an estimated er 2,000 il Cidgts of
assault and 12,000 ned into homeless re
ead to the plantation of Indian origin were 1 High Commissioner DCOuntry to ascertain
h Of Haward Uniwersias leading a research Indergraduates, all of se, that Were engaged " Of peasant Colonisanethnic riots unexpeour midst. At Amparai orks labourers Welt hijacked trucks attaepers and Tamil peastudents, Very soliciinsisted stay behind hey stood guard. And a truck and spirited
out of the valley to Batticaloa, a safe Tamil area. That experience was traumatic: it Was the first time the ethnic divide Was so forcibly thrust into my existence. And intuitively reading the signs, I wished to getaway from the island, for experienced a mounting alienation and a sense of being homeless in ones own home".
1961
When Sinhala became the language of administration in January 1961, the FP began a round of protests, Tamil public Sewarts refused to Workin the rew official language, the FP staged satyagraha Outside Government offices in the North ad Easta di Jaffa a TaTI POSta Service was begun. The mounting protests of the Tails in the North and East was paralleled by resistence in the South on the part of assisted schools, mainly Catholi C, to the tak OWër Öftešė istitutions. Parents occupied the schools to prevent the Church loosing them. The Clash betWg tB ROTI : Catolic Church and the SLFP Government was LLLa LLLLLL LLLLLLLLLLL LLLLLaLLLL to request Cardinal Garcia from Bombay to go to Sri Lanka and break the deadlock.
A State of Emergency was declared and troops called out. In 1958 military officers had already experienced first hand the Consequences of disasterous Government policy. One officer who had arrived fifteen minutes too late to prevent the burning alive of two Hindu priests in Panadura, was convinced by that incident that 'Sooner or later something would have to be done". Another recalled that they had been cautioned in 1958 to handle With Consideration Buddhist Tonks who were leading Tobs. He concluded that "we should hawe separation of Church and State".
Military and Police officers feared that they too might become wictims of the growing theocratic tendencies. S.W.R.D. Bandaranaike himself had once turned to DIGC.C. Dissanayake, the ranking career
7

Page 10
officer, and said: Oh Jungle, Jungle, if only you Were a Buddhist, then I could make you IGP. The people want a Sinhala Golgama Buddhist for IGP.
An Officer who had been assigned to Jaffna found the satyagraha peaceful and advocated against the use of force. But when he sat in on a Cabinet meeting he found that its The Ibers Wanted to "teach the Tamils allesSOn..."
The Gowellent therefore Ordered the 3rd Field Artillery Regiment to the North. But when it was time to leave, the Regimetal COITIITalder Col. W.S. AbraharTn Sard his Second-in command, Maj. B. I. Loyala WhO , Were Tarmils Were debärTed frO travelling. The soldiers protested and refuSed to entrain until Col. Abrahals insisted that the Regiment proceed without him. Col. Richard Udugama, an Infantary Officer, was sent in his place.
On 28th January 1962 senior officers of the Army and Police attempted to overthrOW the SirirlåWO Bardarar laike Gowernment. They feared the Sinhala-Buddhist politicisation of the armed forces that Felix Dias, and N.O. Dias, Parlamentary SeCretary and Permanent Secetary to the Ministry of Defence were instituting. The Coup was foiled and in its Wake there was the continuation of the Dias Doctrine, So that by 1972 all the cadets admitted to the Diyatalawa Artily Training Centre that year Were Sinhalese. And in turn officers like Brig. Russel Heyn, Brig. Roy Jayatileke, Col... Lyn Wickremasuriya - and DIG Rudra Rajasingham Were passedoverfor Command.
The introduction of 'standardisation' in 1971 and the passage of the Republican Constitution in 1972 led to protests among Tamilyouth in Jaffna. Many of them were arrested and kept in detention for long periods. Then in 1974 during the InternaLLLLLL LLLL LLLLLLaS LLLaLLGLLLS H Jaffna the Police attempted to mount the stage and provoked a stampede in which nine Tamils died and several were injured.
1977
On July 21st 1977 the UNP was retuned to power. For days thereafter opposition supporters were attacked and about 30 SLFP members killed amidst looting and arson. On August 16th, following a clash between the Police and the Public
in Jaffna, anti Tamilw ghout the island.
Even though the 16th was attackedar killed along this route nued to run trains on next day only to hawl
The Samsoni COTI "A false radio less police station to the stated: Today four C. Naga Wihare is being
At Marrar Wher | killed the Army retali. torturing the Tamil p wa the Army disarm had fired on a mob att "It is indeedstrangel mant deprived the oc Weapon апd thшs є tle frofil defEC8 criminals", comment He wenton, "Four an reda Shop at Kurun: later When the mob ITIÊm WalkE[] []Ut thT That Was a COTITIOI days in many parts C
Across the islan homes burnt their pos their family slaught rushed to camps ar became flooded it mment shipped ther But there were thol Indian origin who camps. Official figure toll of 112. Thirty fit became refugees.
The JayawardenE the anti Tail Violen of culpability on the that was stilloyal tot det Said that PoliCE med and ewen Smol superiors. But no on a Police force loyal theprewious Weeksf: supporters who were attacked.
The indisciplinedWas augmented by пspiracy theory; a S poposed to hawe bee

iolence spread throu
KKS night mail of the dTarmii Statio Staff , the Railways contithe NortherT1 line the
then attacked.
Tisison reported that age from the Jaffna 2 Inspector General TB buSeS Set Orn fire,
attacked".
the Peiris family was
ited by attacking and pulation. At Migaleled Navarupan who acking Tamil homes. that the Army Lieutecupants of their only iffectively prevented against a garing Of Justic Saisühi. medpolicemenenteegala, a feW, minutes attacked the Policeough the front gate. sight during those if the island".
d, Tamils had their ssessions looted and ared. In terror they 1d. When the camps he South the Goveback to the North. JSS i Of TTIS Of had also Érded II as estinated a death wethousand Tamils
! Regime explained eas being the result art of a Police force ls SLFP TS PESmen Were indiscipli

Page 11
The Regime was now in the throes of race-War hysteria. Minister Ananda Tissa de Alwistold Parliament, "there was a time When from Sri Jayawardenapura Kotte a Prince called Sapumal, went forth and conquered Jaffna by force of arms and the whole of this island was brought under one banner. This time too, during the Jayawardene Yugaya history will record that he shall unify the country...."
On the night of the 13/14. July in Jaffma six men Were taken away by unidentified perSons. Some dead bodies were subsequently recovered. This was followed by indiscriminate arrests, detention and to
tIUTE,
In Eттеуgency Seиелеу MWe MIRJE reported that "the tragic drama usually begins in the early hours of the morning. Some 40 or 50 men armed with revolvers, guns and machine guns surrounda house - Some Wear khaki trousers, at times army uniforms. But there is no way of identifying them. They get out of vans, jeeps or trucks enter the house, order the inmates out and Search. At the samg time Some who look like police personnel inteTOgate the inmates, accompanied with fistcuffs, blows, threats, insults, rough and indecent language. Thereupon one or two persons are taken into custody".
On August 14th hundreds of police and soldiers surrounded the Kent Fart and Dollar Farm in Nedunkerney and took a Way men who were doing volunteer Work, Tamil refugees who had fled the South in 1977 were settled here. Later these farms were to be settled with convicts as part of National Security Minister Lalith Athulath muda'i's programme of establishing arried Sinhala settlements in the North and East.
"In July 1979 six Tamil Youth disappeared: two Were later found dead and mutilated; one died in prison hospital; and the Temaining three hawe newer been found... grawe Suspicion continues to rest on the police" said a report of the International Commission of Jurists.
"Terrorism unleashod by the State seCurity forces in the Jaffna District and elsewhere has in noway helped to resolve the problems of the Tamil speaking people," concluded MIRJE.
Disillusioned by the violence directed
against the Tamilsa of the Jaya Warden Wilson despaired E peaceful Solution to HOWEWEr Dr. NBěls Lued to a WB faith Steered the TULF ir 1981 District De We ctions.
1981
On the owe of the violence broke outi burned homes attac tio which Visited "after careful inquir that the attacks an Work of SOTE 100-1 a Sinhalese priesto to Kankesanturai to attacked 2 Tessr. of three persons in behind Whorl Were form. They smasher à Tod Hit thé drwEr ard assaulted tha group finally believe that they were Sinh in their jeep... in Jaff to take down his hospital the doctors but for the Sinhales mely kind. Fron the F Jafna ablaza".
On this first night t te de Struction Of the MP and the Office fortulat that thig MF With his life for there police came to kill hir persons dressed in and speaking Sinhal
"On the second destruction by arsor Library. Some 95, CC ced to ashesafid the press. The Ee'rad published daily meys
"On the 3rd Juneg ring several hundre trains and buses at to Jaffna. On thanol (Thursday 4th) the ci ral senior presidingo It is therefore no wo ballot boxes were fol. in order.... one was f

ndithe delaying tactics e Regime, Prof. A.J. ut the prospects for a the ethnic problem. Ln Tiruchelwarm Conti
in negotiations and to participating in the lopment Council elle
DC elections in June, In Jaffna. Shops were ked. WMIRJEdelegaJaffna reported that ies there9 - iS-no , do Libot the arson Were the 75 police personnel.... n his way from Kandy Ourchase cement was In Jaffna by a group banians and trousers
a policeman in unithe Windscreen with who fell unconscious
clearler. When the d their victims' claim alese they drowe off a the Police refused Complaint ... in the and nurses, all Tail Ee TlatrO Wêre extTE3hospital the priest saw
nere was the comple: house of the Jaffna of the TULF. It was P was able to escape is no doubt that the n.The attackers were shorts carrying guns
ČSe,
night there was the of the Jaffna Public 10 books were reduAaaayoffice and vis the Only regionally spaper in the island.
JOOn Stua!'s numbeds. Were loadcd into Surunegala and sent ning of the elections OmiTriSSiOS of seweficers were revoked. nder that around 40 Ind not to hawe been OLJrd to COItali ower
600 ballot papers all marked for the UNP ... 3 were found to be missing".
A statement by opposition parties said that "even more reprehensible is the fact that these outrages should hawe taken place When Cabinet Ministers and several Security service leaders were personally presentin Jaffna directingaffairsandthat a Section of the Security Services which had been sent to maintain law and order had been directly involved.... Any Cornmission that probes these events should investigate the activities and conduct of Ministers Cyril Matthew and Gamini DiSSanayake who were present in Jaffna".
"Five Tore Tamils were killed when the police Went on a rampage in Jaffna on the night of 3/4 June 1981," reported the ICJ.
"The burning of the Public Library by thugs from outside while the security forces did nothing to stop the arson was a profoundly symbolic act: the library contained priceless manuscripts pertaining to the identity of the Tamils of Jaffna," Wrote Prof. Gananath Obeysekera in PoW Way Woese aire Fine of Deracy in Sri Lanka. "The people of Jaffna identified the outsiders as the thugs of a prominent Cabinet minister. The utor in the Sinhala areas was the same. Yet no action was taken by the President. The action was repeated in certain parts of the Sabragamuwa Province where Tamil shops Were destroyed and the homes of Tamil plantation workers pillaged. Again no action was taken by the President against the government political leaders involved."
On September 11 the Wew York787785 quoted Prosident Jayawardene as saying: regret that some members of my party have spoken words that encourage violence and the murders, rapes and arSOr that halwe beG COITII Tiitted.
"The President then said that he would resign as head of his party if some of its leaders continued to encourage ethnic hostilities," cornments Prof. Tambiah. "It is more tragic than comic that the Presdent, at Critical monents then and later would sometimes express these stateSmanlike evaluation and intentions, only to retreat from his nobler impulses under pressure from the self-same right-wing elements within his own party".


Page 12
South Asia: Understa
he agenda for the discussion was TÑ by the recent revolution in broadcasting technology principally, the advent of Satellite television transmissions. This new technological era has Created an unprecedented opportunity for large numbers of broadcasting organisations, both domestically-based and inteTlational, to use the television mediuIII. Millions of people in the sub-continentare, for the firsttime, becoming television wieWers in their own homes. But the very impact of the Satellite revolution has also given rise to a range of new, and sometimes urgent, issues. Throughout the Sub-continent, lively debates are in progress about how to respond. These revolve around various questions, such as the need to develop astrategy for dealing with the cultural effects of foreign programmes on a mass indigenous audience; how to license and regulate new regional stations, as Well as trying to guarantee standards of quality in their programming.
The seminar was inaugurated by the Hon. Minister Barrister Nazmul Huda, in charge of the Ministry of Information, GoWernment of Bangladesh. He emphasised that Bangladesh's television and radio are operating with the objective of developing the country's human resources, and mobilising them for social development. BTW and Radio Bangladesh are playing a Supervisory role, in line with national policy, as Well as educating the people. In the South Asian region, the element of public Service broadcasting is wital. The area contains one-fifth of the total global population: an important section of the World's
OSLES.
The Minister said that, in Bangladesh, the transfer of ownership of the electronic media from the public to private sector is a challenge. The government firmly intends to carry out this transfer. As its first
O
step, the governme to radСВst iГ tПЕ expressed hopes t dcasting would give Culture, advancing internationalbrothe
The chairman oft Zillur Rahar Sidd
adwert of Stellite bi is being felt in the E South Asia. This is levels: political, cult litically, Bangladesh were for a long ti Control of governm: media were comple But, recently, interr dcasting has becor nging the golwemm sseminating inform: Ctronic Tedia.
The first keynotea by Abdullah al-Mam National Institute o tion: ; 7 Wireg (Wikok F. deasing - 77e B emphasised thene production houses for presenting qualit wers in a competitiv
The discussior W,
COntributionSfOT t points were made:
o Aly Zaker, an e.
advertising firm, of a survey on broadcasts on th nce. Only7 perc sion audience wi регіоd of time r eweryday). Amol per Cerrit of the w Zaker : İdentified

anding the challenge
ent has allowed CNN Country. The Minister at international broarise to a healthy global human Welfare and rhood. --
he serminar, Professor iqui, said that with the roadcasting, a change broadcasting media of reflected on Warious Iralandtechnical. Po's radio and television Tle Under the direct 2nt, whereas the print tely out of their control. Etional 5ātēlite brāThe popular thus chaent's monopoly in diation through the elle
address Wasdelivered un, Director-General, f Mass Communica
WWE Way/E- angladas/. Wek He ed for opening private in parallel with BTW, y programmes to wie'e atmosphere.
as then opened up for he floor. The following
xecutive of a leading presented the results
the impact of CNN e Bangladeshi audieCEast ofte total tEW
We CNN for a sort agularly (before 8am ng the 7 percent, 90 ièWErs are malB. Mr.
the causes of these
low viewing figures as the timing of the CNN broadcasts and language limitations. He added that the CNN news Was acceptable and credible to the
Wie WBrs.
Enayetullah Khan, Editor of Ho Walay said that Bangladesh should welcome the opportunity of international broadcasting. Non-government electronic media should help to create political balance and expand economic activities. As in India, the operators of cable television Would help to strengthen the market for hardware and software. Mr Khan also stressed the need for an open and clear communication policy.
Ataus Samad, the BBC correspondent in Dhaka, said that one shouldn't worry about privately-owned media misdirecting the public. An independently-minded audience is not Vulnerable to propaganda. They can select which information is right or Wrong because they hawe the capacity for good judgment. So people Would reject propaganda On the media,
Mujibul Huq, Chairman, Broadcasting Commission and former Cabinet SgCretary, said that the privatisation of the broadcasting media in needed for the sake of democratic culture. The state-owned media cannot play apositive role in a democratic system.
Gazi Shamsur Rahrmarn, Chairman of the Press Institute of Bangladesh, and a retired judge, said that there was no Constitutional baragainst private broadcasting; thus, anybody could emerge as an entrepreneuг.
Nuruddim M. KarTial, Director-General, External Publicity, GOB, raised the question of whether the privatisation of the media would be profitable.


Page 13
M. N. Mustafa, Director-General of Fado Banglades, delivered special paper: The Cha/engeand the problems afaerggшwаѓov7 ала"дү7иаѓsаѓov7 оv7 гасўо алcy feevskoy. He suggested setting up something like a communications council which Would exercise extra-judicial, executive and administrative power to allocate frequencies, their appropriate use, and to frame rules and procedures.
In the follow-up discussion, Dr Golann Rahman, the Chairman of the Department of Journalism & Mass Communication, Dhaka University, raised the question of how to ensure the accountability of intertational media like CNN or the BBC.
KGMustafa, Editor of the daily newspaper Sadw gyda7 said that entrepreneurs Could be encouraged by lifting all restrictions for the private broadcasters.
Ataus Samad said deregulation could not be achieved very easily. Since there Would be rio Control on the News broadcasts of the private media, the govertment wouldn't be likely to allow freedom in reporting. There is firm authority behind news Censorship for the sake of national integrity or Security. Aly Zaker pointed out that the government would discourage private-sector broadcasts because such companies would draw all advertising away from the public media.
Mujibul Haq said that only a new political move could help to fulfil ideas of deregulation. Mahfuz Anam, Executive Editor of the DaW Star, argued that, to achieve deregulation, talks between the goveпment and opposition parties were neceSSarу.
William Crawley, Head of BBC Eastern Service, presented a paper. BBC Worlay Service elevisions first year in Asia. He described the BBC's success in the region and pointed out the prospects for international broadcasting in countries like India and China. Despite this success, improveIlents Were needed for the BBC's continuous expansion, But the BBC or any other foreign media cannot be a substitute
for a domestic broa mestic broadcasting Cultural acceptability dCasters do not hay SUCCeSS irn news-gall employment of Jour regions to which it's
Ernest Warbuto Service in English, S broadcasting offered choice for the audier
In the general disc it emerged that whil 90% of the Tt Of E Channel would notb an extensive Scope.
1rials Could turn OLut
adWertiserS OT WiB'We|
During the second presented by Mark sting Manager, Wor сулаMagyaria''Whe W7 YA. The uSe of Sate allowed for many r Ewen in the salt Europe, there are a stations. So, without be possible for ever to have itS OWm radi local advertising
In the general disc points were made:
o Dilip Kumar Sah:
sing its audience it can't feed youn dern programme:
But Aly Zaker disi his survey, radio creasing in the citi ka. And radio ha than television. T thantern rnillion ra He also gawe SC television. In Bal 1/2 million televis television shows: шр to 200 peop television set in a

casting agency; dohas a ready-made which Outside broa, Part of the BBC's тегing came from its alists based in the roadcasting.
Editor, BBC World aid that international a greaterfreedom of
C8.
ussion that followed, 3. BTW was covering angladesh, a private B able to COWEr Such Also, the private cha
to be expensive for
S.
Session, a paper WaS )eutsch, Rebroadcald Service: Way fa97atora/arsachlite technology has more radio stations. Wils of the USA or S many as 16 radio restrictions, it would y town in a country o station, funded by
ussion, the following
a, NIMC: radio is loin the cities because ger people with mosand pop music.
agreed. According to listerners Weren't deieS, not ewer in Dhala fargreater reach There were no less dio Sets in the nation. The statistics about gladesh, there were ion sets. In villages, are a kind of festivity; le Sit infront Of a village. On the other
hand, newspapers cannot reach so many people in Willages. This is one of the main reasons why advertisers prefer the electronic media. But the growing number of advertiserson BTW has caused a rise in the cost of sponsorship and commercials for advertisers. The expense hasn't discouraged them, however.
Professor Khan Sarwar Murshid, Writer and educationalist, presented a paper: Сл/fла/fўтрNoаѓолsoffл/їїа/broaočasїў7gy In Bangladesh. When the international media pay attention in their coverage to Bangladesh, they tended to see it in stereotypical terms. The country only featured when there was a disaster, orthrough a view of poverty or political upheaval. But the country's vibrant cultural life should also be featured.
In the general discussion, the folloWing points were made:
o Professor Zillur Rahman. Siddiqui: there is a contradictory attitude toWards alien Culture. One section is afraid of it, while the other Welcomes it.
o Aly Zaker: international broadcasting made an impact on domestic political affairs because people were informed by listening to WOA or BBC news programmes. But, on the cultural level, if the country had a strong culture, it was bound to reject an alien culture in the long run.
Ataus Samad: an international brodcasting organisation can always guard against misinterpreting events in a particular country by consulting and interviewing local journalists,
Closing the seminar, Professor Zillur Rahman Siddiqui affirmed that the culture of Bangladesh is able to resist the negatiWe Cultural flow from Outside. He COTitlended the BBC for its news coverage, and expressed hopes that international broadcasting will help to improve the political and cultural climate of the country.
11


Page 14
Ace space Writer's c
Jean - Claude Buhrer
rthur C. Clarke, author of A Space
Odyssey (on which Stanley Kubrick's film, 2001, was based), lives and works in a luxurious colonial mansion in Sri Lanka's capital, Colombo. At 76, Clarke is still passionately interested in the future of the World. He has retained a freshness of outlook and a child-like sense of Wondement. As he sits alertly at the keyboard of one of his computers, scrutinising the screen through huge glasses, his lined face lights up with a mischievous smile.
"Ready to go?" he asks. "Let's see. how abouta trip to Mars?"Clarke, a former RAF pilot, takes the controls of his imagnary spacecraft and delightedly calls up on to his almost three-dimensional Colour Screen details of craters, rocks and rawinestaken from superb photographs kindly provided by Nasa.
His mongrel Rikki, who is sitting quietly at his feet, does not even-cock an ear. Pepsi the chihuahua is more demanding and insists on occupying Clarke's lap, in the dip of the traditional sarong he wears with a belt around his waist.
From his Sri Lankan fastness, where he has lived for almost 40 years, Clarke makes certain he keeps tuned to what is going on in the World. His roof boasts an imposingly large satellite dish.
Although he owes much of his fame to Kubrick's hugely successful 2007, Clarke had already sold millions of books allower the World by the time the film was released in 1968. Translated into some 30 languages, his titles have picked up a sheaf of literary awards.
In all, he has published Well over 70 books and seems in no mood to Call it a day. When you ask him what his immediate plans are, he Smiles and says: "At the moment, I have 47 projects in orbit, what with books, screenplays, movie options and television adaptions. Boredom isn't something I'm ever likely to suffer from. I think I've got enough on my plate to keep me happy till the year 2001 The incredible thing is that that's now less than 10 years away." When you inquire about his health problems, which sometimes make it difficult for him to move about easily, he dismisses them with a sweep of the hand. In any case, he intends to keep to his routine as long as he can.
He spends several hours a day at his PC, more especially in the morning, before the tropical heat gets too oppressive. His good-humoured secretary firmly prevents anyone from disturbing him. After
12
lunch and a siesta, his club at 5 p.m., tennis and has no again after being fo of an operation.
Clarke admitstha enough to give long that he imposes a himself which protec der S.
Clarketrained as: Tatician. At the star he Worked on the f Communication sate was an introduction Interplanetary flight.
Although fascinat also loves the Sea a explains why he put Lanka (then Ceylon) "This island is a bi World, the last out hemisphere pointing ly unexplored emp Ocean. It could Wel for major exploratio next century. You c. high seas here.
"Inland, there are like the Sigiriya andi Buddhist frescoes. It for scuba diving, thou of that as used to.
"These are SOThe that hawe kept me h with the progress of Inmunications, there keeping in touch wit the World."
Clarke predicted ti nication satellites so they became reality. on the scientific horiz of my lifetime, I'd very of intelligent life to b Where else in the urni
"For me, the Gul telecommunications sides exploited news Information if you like ther another questio
"It's fair to say that put an end to the C United States was a Verbutt0 COme to te the Soviet threat ha ggerated, We saw th nges whose reperCL ping the face of the Y

dyssey
he regularly goes to where he plays table N started swimming ced to stop because
he is no longer strong lectures in public and ersonal discipline on Shis World from intru
physicist and matheof his career 1945 Indamental theory of lites. His first books to astronautics called
ld by the stars, Clarke ld its mysteries. That down his roots in Sri as long ago as 1956. like the end of the bost of the northern out into the still largeEiness of the Indian be used as a base In expeditions in the an feel the call of the
extraordinary rocks ts exquistely delicate 's also an ideal place igh I can't do as much
if the magicelements ere. And поwadays, technology and co's nothing to stop me what's going on in
le advent Of COITIThume 15 years before What did hē NOW See On? "Before the end much like some for e discovered someWEES.
War was the first War, in which both information, or disi- but that's altoge
spy satellites helped ld War. When the le not only to discoTS With the fact lāt been greatly exa2 beginning of cha;sions are still shaorid today."
"I think it's also fair to say that the startling changes that have taken place on the world political stage in the last few years have been largely due to the development of telecommunications."
"Take the abortive Moscow coup, for example: it was foiled thanks to television. For all its imperfections, television can provide a dimension of truth that hardly existed at all in the past. By the end of the decade, the free circulaton of information across all borders will be a fact of life, and no government - not even the most repressive dictatorship - will be able to do anything about it.
"According to the Universal Declaration of Human Rights, everyone everywhere is entitled to be informed and has the right to know what is going on in the world. The Tore television channels there are, the Thore effective the broadcast of news information will be."
But Clarke is of course WellaWare of the negative side of this technological revolution, "All these powerful new instruments can work both ways. First, there's a serious danger that we'll be polluted by information, whether it be good or bad information. Or polluted by a surfeit of information, if you prefer.
"There's a risk that everything Will be broughtdown to the same banal level, and at the same time a risk of manipulation. One is swept along in a maelstrom of images, and one's vision becomes blurred because there's no way of stopping the pľ0CeSS.
"We also have to beware of what I'd call electronic imperialism, because it's destroying Tiany ancient art forms and traditions. At best, it preserves them like interesting fossils, rather like flies in amber.
The law of Darwinian survival is as Walid for Cultures as it is for genes. Unless We're Very careful, We shall expose Ourselves to the real danger of generalised cultural impoverishment.
"I don't dash around as much as used to," Clarke admits. Apart from a trip to Minehead, in his native Somerset, in July 1992, where his admirers celebrated his 75th birthday, he has hardly left Sri Lanka recently. The other day he turned down an invitation to participate in a conference at the end of June on the the The of "the inspiration of the astronomical phenomenon." The organiser of the conference?
- The Vatical.
- Garian Weakly


Page 15
Reflections on an invisib
Zeth HUSSain
ut it can be questioned Whether
the factor of invisibility is necessarily a part of the strategy of maintaining the power of the dominant majority over a minority, Arguably it might be explained in terms of the dullimpercipience of people who cannot be bothered by anything outside their private lives, or it may be that Muslim grievances have not been adequately publicized. But Sinhalese who are in fact concerned about public affairs, and who are aware of what happened at Huiftsdorp and Muslim charges of discrimination, resort to bizarre arguments to make the awk Ward facts in Sinhalese-Muslist relations disappear from sight. There are exceptions of course, but that is true by and large. Something odd is afoot, and that something certainly seems to be connected to the dynamics of power relatiOS.
|W| OW Irlake SOTE ObServationSOF) the place of invisibility in power relations. It is interesting that George Orwell used the identical metaphor of invisibility, seweral years before Ralph Ellison, in connection with power relations. In his essay on Marrakesh he wrote that "People with brOWn skins are next door to in Wisible" that is to the French Colorial TasterS' Morocco and the other whites there. The natives there were reduced to a kind of undifferentiated brown stuff, the poorparticularly were hardly distinguishable as individuals or even as pгорегly huппап, and Orwell added, "All colonial empires are in reality founded upon that fact." Power he sees as involving some kind of relationship to invisibility.
Orwell makes another striking observation in the same essay, which was that within five minutes of his a rival in Morocco he noticed the overloading of donkeys and was infuriated by it, whereas it took longer for the plight of human beings to register. It was generally by Some kind of accident that One evenoticed the old Wotanent Ltdër het load Of Sticks. As his Was Tot an analytical essay, Orwell did not try to explain the difference. The explanation, I am certain, is that noticing the plight of the Moroccan poor Would hawe called into question the whole order of imperial power, whereas noticing the plight of donkeys did not, Purblindness or even total blindness to certain realities, reducing
them to invisibility a: was clearly necessa joyful exercise of imp
Сп апоге апаlytic observations on kic are wery relevant t argued that you do you interpret it, and y: of your interests ar important of which, u in fact, is a drive f profound insight, whi elaborate theorising discourse and ther knowledge and pow Says means among World can be inter. make inconveniertf facts that are incorW bring into question th ges of dominant grot
The way in which ti actually functions inp mÉS Clear When We which power is exerc liar Way is when the powerless do their bi the only way in which It is also exercised by sing the agenda of W dered and discused, atténtion and What di the dominant majorit possible, anti-Muslir arti-Musli di SCririr inda. Their inclusion with the serene enjo privileges.
A startling illustrati invisibility is prowic rnment's position th: problēm, in Sri Lanka bler, When in fact t problems and not j Muslim. Perhaps not Éxpected from the UI is the SirhaleSE Int
LUC Otto
My question arise there is a notable discourse of the Taj ties in Sri Lanka. The OTTlatter SSLJChaSE Culturalism, and Core

ble Minority (concluded)
Smuch as possible, Lry for the easy and perial p0Wer.
cal level, Nietzsche's Dwledge and power O my purpose. He not know the World, ou interpretitim terms ld drives, the most nderlying everything or power. It was a chWas behind all the
of Foucault about elationship between rer. What NietzSCE other things that the preted in Ways that acts invisible, that is enient because they 19 pOWerand privileJp.S.
nefactor of invisibility Iower relationS becoconsider the ways in :Sied. The Cost fanmipowerful make the dding. But that is not power is exercised. y the powerful choothat should be consiwhat Tierits Serious beslot. In Sri Lanka y excludes, as far as n ethnic rioting and nation from the ageWill not be consistent yment of power and
on of the strategy of led by the Goveat there is no ethnic , only a terrorist prohere are two ethnic ust one, Tamil and much better can be NP political elite. But electual elite really
is for the fact that dilwide r t 2 - Btic ority and the minoriformer concentrates tional identity, multiWalues as the SOWe
reign specific for dealing With ethnic problers, the latter om discrimination. The minority focus on discrimination should be Basily Understandable beca USe discrimination is what ethnic problems are really all about. But in the great many Teeting and Seminars held on the Tail ethnic problem since 1983 the issue of discrimination has been conspicuously absent. The agenda is chosen for the most part by the Sinhalese intellectual elite, and that agenda clearly shows the strategy of invisibility.
What all that shows is that the Sinhalese elites of all types, political and intellectual and others, are kith and kin because they have been the major beneficiaries, not the Sinhalese people as a whole, of the discrimination against the minorities.
In the perspective of the "ethnic revival" of our time, the spectacle provided by Sri Lanka must certainly Seer Il Curious to foreign observers. For here We hawe a majority which confronts one of the most serious of all ethnic problems, that of the Tamils, and yet ignores the potentially explosive grivances of another minority, the Muslims. As have already remarked, that must astound foreign observers right across the spectrum of the ethnic debate, from the Moynihans to the Hobsbawms.
The Case is Curious but nota hopeless one, because I do not believe that the majority of the Sinhalese are unwilling to give a decent modicum of fair and equal treatment to the Muslims. The problem is at the higher levels of our society. What ther are We, that is We the minorities together with the majority of the Sinhalese people, todo about those Sinhalese at the higher level?
The problem is a complex one requiring complex answers. Butat least part of what We can do is to get the Tessage across that the "ethnic revival" of Our time means among other things that a minority which is invisible today might suddenly become visible tomorrow, the latest instance of Which took place in southern Mexico. I will add with Brecht from the epilogue to his play "The Resistable Rise of Arturo Ui, "Therefore learm how to see ad Tot to
gape
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AWUVIMMA WAFWGAW73
Legal Backgrour
(1) Constitutional protection of
human rights
The Bill of Rights contained in the 1978 Constitution speaks of the State's coinitiment to the protection of its citizen's dignity and Wellbeing. Such commitment is attested to by Article 4 (d) which states "the fundamental rights which are by the Constitution declared and recognized shall be respected, Secured and advanced by all the organs of government, and shall not be abridged, restricted ordenied, Save in the Tariner and to the extent hereinafter provided".
The Bill of Rights in chapter III of the Constitution encompasses Articles 10 through 14. The fundamental rights guaranteed by Articles 10 through 13 apply equally to citizens and non-citizens. Thus every person within the borders of Sri Lanka is assured the following rights: (a) freedom of thought, conscience and religion; (b) freedom from torture or cruel, inhuman or degrading treatmentor punishment; (c) equality of person before the aW and equal protection of the law (this Section prohibitS di SCrimination based or гасе, гeligion.language, caste, sex, politiCalopinion, or place of birth); (d) freedom from arbitrary arrest, detention and punishment; (e) prohibition of retroactive penal legislation; (f) fair trial; and not to be deprived of one's life without procedures established by law. The Constitution guafante ES the fred OT to ExérciiS i C:täin rights only to citizens in Article 14. Thus, the freedom of speech and expression, freedom of assembly and association, the right to join a trade union, freedom to practice one's religion and culture, freedom to Work, and freedom of movement, are accorded to every Sri Lankan citizen and denied to Ol-citizens.
The Sri Lankan Constitution does not specifically protect the right to life in absolute terms, however, Article 13(4) of the
A Law and Socially Trust report
Sri Lankan Constitu one shall be punishe ѕоппепt except by t Court, Tadeira CCOr established by law," protection from arbitr The term "procedure is not the same as the of law". Due proces establishment of a and the implementat re:S t0 a Wold arbiträr a citizen's right. TI Court has develope |EW“ Salf. In E ofТаутwўMaоїy(1974) Justice Bhagwatiad standard, which print ММалаka Garflyly V. (1978) S.C. 597 anc nkan Supreme Cou to adopt the Indian
"Natural justice is no in Our Country where Constitution eschew found in the Ame EWтоve Perera и Ма) ckaya (1985) 1 S.L. dOes not COThe With 15. Which authorises fundamental rights tions, Nevertheless, can be deprived subs dure established byl irn action authorized regulations whittles
protection granted by
The International Political Rights guar freedom of expressi to infortation. The tion On the other, ha the right to informati v. Lanage 2 Sri LF WirTalaratre read in tion. In that case, J. StateTent "I am Of the mental right to the fre expression includes

ad
tion states that "No d with death or impriDrder of a competent lance with procedure and this affOrds SOTTE ary deprivation of life. 2 established by law" right to "due process s of law requires the dequate procedureS ion of such proceduy infringerTent upon he Indian Supreme da "due prOCeSS Of F Royaдра и Sfafе S.C. 555 at 583,584 opted a due process ciple was followed by WWW dif (as A.M. others. The Sri Lart, however, refused interpretation stating tasundamental right the architects of the ed the 'due process' rican Constitution", O/MWCW/agŁgJay'a W. .R. 287. Article 13(4) tha Each of Article certain restrictions of under Certair COrdisince life and liberty equent to any proceaw, the Wide latitude by the emergency away the minium y Article 13.
OWErläft Of G|w|ärs antees not only the on but also the right Sri Lankan ConstitLid - does not accord оп. |п Иsvиa.(прат . 123 (1984) Justice the right to informaIstice WirTalarate's WièWtflättB fulda-edom of speech and
the freedom of the
recipient", as such includes the freedom of the press as well. To quote Justice Wimalaratne again"It is only a free press which can...propagate a diversity of views and ideas and advance the right to a free and general discussion on all matters of public importance...". The All Party Conference recommended that explicit recognition be awarded to the right to information.
The Constitution entitles the guarantees of fundamental rights to every "person" and "citizen". As discussed above, fundamental rights enumerated in Articles 10 through 13 can be enjoyed by all persons, including "legal persons", and Article 14 enumerates rights enjoyed only by citizens. The Supreme Court has interpreted "citizen" to exclude legal persons such as companies and corporations, who are therefore, not entitled to Article 14 protection (Supreme Court dismissed the application by Janatha Finance and Investment Limited (application No. 11682 Dec. 14, 1982), on this basis). However, directors and shareholders of a Company may instigate actionif they Carı show that they have suffered distinct and separate injury as individuals (Dr. We We Fernando eť a/. v. Wiyariage et al. (1983) 2 Sri L.R. 214).
(a) restrictions on fundamental rights
Article 15 lists the conditions under which the above rights and freedoms can be restricted. Article 10 and 11 freedomTS cannot be restricted under any circumstances. According to the Sri Lankan Constitution freedom of thought conscience and religion and freedom from torture may be considered absolute rights. However, according to Article 16, if any written or unwritten law which restricted these rights predated the Constitution, such laws would continue inforce regardless of the inConsistency With constitutional proviSion.S.
Rights guaranteed by Articles 12, 13,
15


Page 18
and 14 can be restricted for Warious realSons. Article 15(7) lists the conditions under which these rights can generally be restricted: on the basis of national Security, public order, the protection of public health and morality, etc. Some of the en Ur Terated freedOTS Carl be Testricted for reasons other than those listed in Article 15(7).
Article2(1) of the Covenanton Civil and Political Rights obliges a state to respect and to ensure the rights declared to "all individuals within its territory and subject toits jurisdiction". Noderogation is permitted from those provisions which guarantee the right to life, or which forbid torture or inhuman treatment, slavery, servitude, Conviction Orp Lunishment under retroactiwe laws. The right to recognition as a person before the law and the right to freedom of conscience, thought and religion are also declared in absolute terms. Four non-derogable rights are common to the Covenanton Civil and Political Rights, the American Convention on Human Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms: (a) the right to life, (b) the prohibition of torture, (c) the prohibition of slavery, and (d) the prohibition of retroactive penal measures.
Even those rights and freedoms which are derogable are only so at times of "public emergency which threaten the life of the nation," and only to the "extent strictly required by the exigencies of the situation". However, under the Sri Lankan Constitution restrictions can be imposed at any time, and for reasons such as in the interest of racial and religious harmony ornational economy. Moreower, Article 15 does not condition the restriction to be reaSOinable. Courts hawe, however, ewolved a reasonableness standard through CaSe la W (MWickr ar 7 Maibar Malaw yw AG Appl. 27/88, SCM 6.90, Joseph Farera v. AG SC Appl. 107-109./86). Some of the SuTerre Court.justiCeShave evolveda reaSorable and rational rex US Standard to measure infringements of fundamental rights by emergency regulations. Whether, this standard would be applied across the board is unclear.
The Public Security Ordinance was
16
made part of the
Article 155(1). Articl Emergency. Regula amend, or suspenc Constitution, althou any other law in th Articles 12,13(1)(2) to restrictions undel rest Of national Se Such restrictions regulations enacte public order. In oth Art. 155(2), the C0 afforded by the at аппепded by eпп Earlier Supreme C. the view that in peria protection of fundar necessarily be aw status. (See Wise/ (1984) 1 Sri L.R. 305 пgа и Saтarasўg/ Ce Soza stated "It is indiwidual freedom | danger to be restrict nity itself is in jeop; rgency Regulation: ndamental rights g. 13(1) and (2) of the
Later cases indic: as evidenced in M. where the Court st: not hawe the burde IEESOsläETESS. Oft by law or Emergen this Court is satisfie агеclearlyunreasof regarded as being scope of the power alad Tark decisior AGSC Apopol. 1 07 - 1 the Supreme Court rgency regulation d ngement on the free basis it lacked clarit trary and capricious
(b) judicial protectic
Агticle 118 exprє Supreme Court juris tional matters and th Tental rights. Article preThe Court sole juli tutional interpretatio Complaints of funda

1978 Constitution in e 155(2) declares that tions Carnot Owerride, the provisions of the gh they may do so to he country. However, and 14 are subjected r Art, 15(7) in the inteurity or public order. hay be in the form of d for the purpose of er Words, contrary to Institutional protection OWe articles can be Brgency regulations. ourts hawe expressed ods of national turmoil ental freedoms must arded a subordinate aMтуати (диападе 5,318, in ЖолталалаfrуeF.R.D. (2) 347 Justis Well recognised that nas in times of public Ed Wher the CONTTUardy. These EmeS OwershadoW the fuJaranteed by Articles Constitution".)
ated a Welco The trend FlokëYTANIČILY W AG ated "The State may n of establishing the he restrictions placed cy Regulations, but if d that the restrictions able, they cannot be Within the intended under Art, 15(7)". In 1 in Joseph Peүала им. O9/86; SCM25.5.87: struck down an emelealing with the infridom of speech on the y and per initted arbiaction by the police.
in of human rights
Issly confers on the diction Ower Constitua protection of funda2 125 grants the Suisdictio ower Constin and to inquire into amental rights viola
tions and determine the appropriate remedy and compensation,
The Constitution does not permit judicial review of Bills passed by Parliament. The Supreme Court, however, may review Bills before they become law. The jurisdiction of the Supreme Court to review Such a Bill for constitutionality can be invoked by either the President or by a citizen. The Supreme Court cannot action its own initiative (R.K.W. Goonesekere, "Fundamental Rights and Judicial Approaches, III Fortnightly Review 49 Law and Society Trust, 1 & 16 Dec. 1992). When the President invokes the jurisdiction of the Supreme Court, the Attorney General sets the agenda as to which provisions are presented for judicial Scrutiny. Once the Court rules on the Walidity of the Bill and identifies inconsistescies with the Constitution it has no further role in the enactment of the said Bill. It neither has the authority to scrutinise the amendments to the Bill nor any procedure undertaken to pass the Bill. A Bill may still be passed even after judicial invalidation if it receives an endorsement by a 2/3 majority in Parliament.
Urgent Bills go automatically to the Supreme Court for review. The Supreme Court must give its determination in 72 hours. Due to the short time period, conceTed citizens and NGOs do mot hawe sufficient time to raise issues and assist the Supreme Court in its scrutiny. Often, government suspends standing orders and pushes legislation through.
Order papers of proposed Bills are published in the Gazette. These Gazettes are not easily accessible. Subordinate legislation, such as Provincial Council statutes and regulations and laws issued by bodies instituted by legislation under Article 76(2) and (3) and emergency legislation under the Public Security Ordinarice is subject to judicial review even after the enactrent of the law.
Article 17 grants every person the right to apply to the Supreme Court when any right guaranteed by Chapter III is violated by executive Or administratiwe actio. According to Article 126(2) only the individual or his/her attorney may petition the


Page 19
Supreme Court charging infringement of fundamental rights. New Rules of the Supreme Countwhichсаппеinto operatiоп at the end of April 1992, seek to expand the scope of the locus standito file fundaTental rights applications. Rule 44 of the new Rules of Court allow those other than the injured to file applications if a judge sitting in chambers determines that a prima facie case of "an infringement, imminent infringement, of fundamental right or language right", has been established. In this case the judge Tay exercise his discretion to treat it as a "petition in writing under and in terms of Article 126(2)..." if two conditions exist. Firstly, the person injured must not have the means to pursue complaint according to Article 126, and secondly, the victim of infringement or imminent infringement would be substantially prejudiced.
A indiwidual CLS of action Lurder the Constitution would arise when an executwe or administrative action infringes on the rights guaranteed by the Constitution, This is much narrower than justiciable infringement by state action provided by the Indian and U.S. Constitutions. In the past infringement of fundamental rights by a State OWred inSUrance COrrpany WaS held to be non justiciable as according to the CDUiteit did Ot fall Withir, "executi'We and administrative action". However, in AFajarate W. Air Lanka Ltd (1987) 2 Sri L.R. 128. Justice Atukorale held that Air Lanka was an agent of the government ad aS SLJIch its actioriS. WOuld är TOUrt to "executive and administrative action", invoking Article 126 jurisdiction.
When a private party wiolates an individual's rights under the Constitution, no constitutional cause of action arises, unless it falls within Article 12(3) which prohibits preventing indiwidual access to public places such as shops, restaurants, hotels, places of Worship, etc. On the basis Cofra,Ce, religio, language, Caste, OTSEX. Hence, a cause of action under the CoInstitution need not be triggered only by Executive Of adminislfälivě action.
In a landmark decision in 1993 the court held that in certain instances actions by private individuals can be considered state action if there is a sufficient nexus
between the private the Executive. In My AG Supreme Court, (decided 19/11/93), in police custody, W MISTS - Of Pai COUncil Tember.Thi by and allowed the to assault the petitic foLund that the petiti sted and detaired a MPs and Councillo Tistances the exec private individual Wo ble for the Ctilor Whi fundamental rights ( Section Orl HabbeaSC ntal Rights Cases ir and Political Rights)
(ii) Sri Lanka's int
obligations
Sri Lanka is a pɛ inted Tatial huma including the two r Civil and Political Rig Social and Cultural conventions protect children's rights, anc of intertational inst Lanka is a party is 1. Despite committir gations Sri Lanka h: failed to bring nation: With it.S interrnatiOrE many instances has ment the requiremer legal instruments.
Sri Lanka is yet international instrum is not a party to the the ICCPR. The accepts the compe Rights Committeetc by indiwiduals. The S COCOllainTS atablish
|Iլ 1991 Thla Sri announced to the U ission at a 17t Constitution had be strengthen the prote ndamental rights. Til nce (APC) in 1990, tatives of all the ITE

actor o actors and Marrjad Faiz - 777ë Application No. 89/91
the petitioner, while as assaulted by two Eisit alt a Provisicial epolice officers stood MPS COLICO ner. The Court also DET had been a TTtthe proпрtiпg of the . Under such circuutive officer and the uld be held responsich infringed upon the of a citizen (See also orpus and Fundamethe chapter on Civil
EratiOra
rty to several of the n rights Covenants major covenants (on hts and on Economic
Rights) and to the ing Women's rights, Workers rights. A list utStO : Which Sri provided in Appendix ng itself to these oblias in SOThe instances all laws into conformity lobligations and in also failed to impleits of the international
to ratify several key ents. For example, it Optional Protocols to
Optional Protocol terce of the Hurthan consider complaints Second Optional Proing the death penalty.
Lankan government NHuman Rights CoAriellert to the Er draftEd in Orderto Ction afforded to fuпе А|| Party Confereсопргising represeajor political parties in
Sri Lanka, drafted a 17th Amendment to the present Constitution after a six month deliberation, and debate. The Artendment sought to: firstly, strengthen the existing chapter on fundamental rights by bringing the chapter into conformity with Sri Lanka's obligations under the Internatiora Civil and PolitiC COWEt id the literational Socio-Economic Cowenant; secondly, to curtail the wide and general restrictions and powers of derogations currently allowed by Article 15(7) by deleting that provision and introducing a case by case analysis and rationalisation of restrictions; and thirdly, to broadbase and democratise rights by providing for public interestlitigation.
The proposed 17th amendment although published by the government in December 1990, is yet to be put before Paria Tertfordate. Att9l SESSi of the Human Rights Commission in 1991, the Sri Lankan government also Lundertooktoestablisha Human Rights Commission. The legal draftsman is said to be engaged in drafting legislation at present to set up a Human Rights Commission. It is hoped that the legislation will be presented to Parliament during the course of the yearanda Commission established by the end of 1994.
In 1993 Sri Lanka submitted reports to the UN Sub-COTTISSION O Prewertion of DiSCriTilatiOland Protection of MilOrities (45th session on 11 Aug. 1993), Sri Lanka informed the Sub-Commission that steps Were underWay to introduce consttutional reforms which would strengthen existing constitutional guarantees of ful ndamental rights. The statement by the government professed that a Parliamentary select committee comprised of all parties represented in Parliament would be mandated to make recommendation fOT COStitutio Tesor.
Sri Lanka has been remissin its reporting obligations undersome of the instruments which it hassigned and ratified. The InterTlational Cow'Elant of ECOIOTiCSOcial and Cultural Rights requiresbiannual reports. Sri Lanka is yet to submit one. Sri Lanka has neither presented reports under the Convention: On the EiTirration of All Forms of Racial Discrimination.
17


Page 20
SAOA7
Soccer: It's frustration,
a great game
BiI BufOrd
LONDON
What is it about football that Takes its followers behave so badly? By "football", | refer to the sport people of all nations except the United States understand by that name: the one you play with your feet. The game has a century-long history of Violence.
Other sports, even the most brutal, do not regularly occasion riots. Other sports do not maintain a global death toll of their spectators. Asfaras I know, no othersport has caused a War - the "Soccer War" between Honduras and El Salvador erupted after a World Cup qualifying match in 1969.
write as a student of the game's more hysterical manifestations.
Twelve yearsago, I, an American resident in England, was about to board a train that was being systematically taken to bits by fans from Liverpool inside it. Tables, seats, a door, an Overhead Coat rack, a toiletseat-all were being hurled out, item by item, as panicky British Rail officials called for police reinforcements. An eleTentary instinct of self-preservation prevented me from boarding the train-I took the nextone, on which only half the carriages Were being torn apart.
The violence, of course, is not the preserve of the English alone. In the last 10 years there have been soccer riots in nearly every country participating in the World Cup.
offer an example from the 1988 European Championship In Gemany. The
grīgaitārafXevīga zirg"Grāfa is author of Arrang the Thugs" about his travels with British hooligans.
18
Second Week feature ldorf between Engl: rands. Both Were, a for their violent follow ction Was that there
The prediction tum correct, although the tween the English an experience, amiable and big bellies whos Smiling (perhaps be their team WaS galw; between the English hosts.
Trouble-Maker
had never Theta G I wanted to. During | Crossed a police Ilir young man who had trouble and Was Cle engendering more, years old, Wry and alert. His muscles We te's. He was agile, pri
There were some around the COITher fr{ his mates intended so preoCCupied by t didn't notice. The as his attention, I actual the shoulder.
There was then, a his face, an intriguing tumed, assuming tha that Was not, becart until, slowly, he rea English speaker. Hi initially Welcoming, s me focused, sharp hatred so intense the to behold-the kind ted hatred that Carl terrible things.

da game in DUSSeId and the Netheld still are, notorious rings, and the prediwould be trouble.
led out to be largely trouble Was not bed the Dutch-in my giants with blond hair eemed always to be cause at the title, ys Winning) – but and their German
erman hooligan, and a lull in a small riot, he and sought out a come froп causlпg larly on his way to He was about 20 Tuscular and very retaut, like an athlemed for fightor flight.
English supporters In the German and o surprise. He was is prospect that he approached. To get y had to tap him on
ross the features of metamorphosis. He
| Was a friend, saw ! puzzled, confused, sed that was an face, which was Tapped shut, becake a point, with a : it was exhilarating fpure, uncomplica'ee a person to do
He cursed, spat into my face and dropped to the ground to pickup a stone that he clearly intended to crush into Iny forehead. I am not a nationalist, nor am English, and in the circumstances I did what any reasonable person in my position would hawe done: Iran.
But I remained captivated by that instant, involuntary hatred-the purity of it. How do you learn to hate like that? What images were in his head and where did they come from? What movies or comic books or bits of Overheard Conversion?
What shaped this view, with the power of an instinct, that to be an Englishman was such a bad thing that it required hurting any person who had the misfortune of being one?
Terrible Scenes
Two years later was in Sardinia for the 1990 World Cup. The occasion was another match between England and the Netherlands. Again the prediction was that there Would be terrible scenes of trouble. And again there were terrible scenes of trouble but not between the English and Dutch supporters - who were still blond, still fat, still insistently amiable (although their team was then usually losing) - but, again, between the English and their hosts, in this case the Italian police.
The police, in trying to contain the English fans, resorted to tear gas, then dogs and eventually guns. The fans chased by hundreds of men in uniform, rampaged through the streets breaking windows, kicking in car doors, throwing stones, Smashing up shops and, in general, exhibiting that special kind of nationalistic pride with which the English male has so consistently distinguished himself in his global trawels.


Page 21
They didn't want Europe; they wanted War. They wanted a nation they could belong to and fight for even if the fight Was this absurdistreet theater With local Italian police.
What does any of this have to do with the sport? I still haven't found a gratifying one-line explanation. Maybe it doesn't Bxist. InStead Iofferfourinterrelated obse
WatiOS.
Satisfies Appetite
Being a supporter of any sportisan act of micro-nationalism. It satisfies an appetite to belong to Something — a team, a tribe, a nation-bigger than any of us.
Soccer exaggerates this micronationalism because it is played at an international level more often than other sports,
Because it is organised around the principle of frustration, Soccer exaggerates a crowd's behaviour - that quality of frenzy, the essential element in nationaSп. Апетican sports – basketfall, football and even baseball-are structured around gratifying the spectator, points are scored With Some regularity. Soccer is structured around deprivation; a fan's experience is to wait and wait for a goal that in many matches newer Cortes. Frustration, deprivation, denial. They are the essential features of the game whose greatest moment is when, against all odds, the ball, finally hits the back of the
EL
Fanciful? Maybe. And, as the World Cup organisers hawe often said, the present World Cup is unlikely to be as violent as previous ones, if only because the English, those charming ambassadors of Civilised Europe, did not qualify for the competition.
But also recall when, in the 1990 World Cup, England lost to Germany in the semi-finals. , by then a devoted follower of the game, was devastated, so miseratle that can still recall every detail of that Het ble day; the Weather, the clothes I - Cre, the food I ate, the conversations || had, including the one with a neighbour
Who Couldn't underst it also badly - afte I'm not even English,
(OLPHE Gгоцped The Fre TE COA His CT Calous i
T 7 LS per Cøder1_f 3 பூே Hoscage
F-out ΜΉιές. Η
EWLL TSG Cj With гцр Arld like No or leg Wie EO. Eппploуп Sao FeS DГЕЦЈ П
Full-OLLI WFligh in NOLLeve
Takirgs
Morley Ull OThe TL
Ald the Big-houg
Fall-out Catering BLIJsort TT Ortழ பு EU'er TLEl Could irla. SJ Elg P Afier Lfue

and Why I had taken It was the only time ever contemplated rall, he pointed out, giving up my passport. And it was all
could do not to bop him one in the nose.
Scholar’s Tale
Part IE
a's picture of these sordid times
Lsoldi gele Sflfo Corse Uri Fies 's being those that chiselled out the Fire Tse, justifal-OL É, Like arrestad fortre. puter betrayed clear, class, feelings fo, fall-outorul Society's peelings.
Saruts figLLred ir li hu is soft-uuare Spool Jr children rounded up at School HLCL LTCCC LLLLL CCLLL LLTLTLCLL LLLCCL sh Listled to their playtime graue,
kept College shut, Serere, and snug Erich durce Slipped (Hroaduthgrin aridshirLg. I Serling fees to strictschedule еe excштns laidцр оп cшЈец. those arriorly OLLs assassinations Litek LeL Lhich curfeu luas Luhoseabortination ch CampLs golfa III ed uit hits. Jetsam net opered only to FLOTTürg_foreign flotsam atus Syribol of Marketed Education the half-baked Lithout any hesitation.
also extended to professional fees
halcyor tirres had been justituvo guineas n making alloLance for deLaluation boori led beyond their Lildest expectator
OLLUedilirl L Jith the slick of a per Libber stamp irti the dollyern's dern гisШпgрацрегIо гліШіопаге гаӀе red like remote stars in spare.
Carrer la TTL ultiplicity of brands to плшltiple ташшршlated deппапсis Lost thuis could finally be Јілdoц-shopрілg spreе. 2sJor Medicines onclearl prescription it batter drid blast the chic brand diction
or, increasingly Sick and jittery ir Cor SLultation Luver utstraight to the ceTTeteru.
Co Ltinued
U. FELLTEtae
19


Page 22
OB/7. WAAY
Jan Tinbergen, a father of e
Martin Wolf
an Tinbergen, the distinguished
Dutch mathematician- economist, socialist and pacifist, has died at the age of 91. Tinbergen won the first Nobel memorial prize in economics in 1969, jointly with the Norwegian Ragnar Frisch, principally for his seminal work on the application of statistics to economics. His Work in this area, for the League of Nations between 1936 and 1938 and published in 1939, marked the birth of modern econometrics.
Tinbergen brought three fundamental attributes to his Work in economics and economic policy: his training as a mathematical physicist at Leiden University, his social idealism, and his conviction that a better world could be created by applying reason to the operations of govenment. Of his intellectual power, personal benevolence and moral rectitude there was never the slightest doubt. But his faith in capacity and benevolence of the state now looks a little naive.
Even econometrics, in whose early development Tinbergen played so great a part, was (and to an extent, still is) controversial. The first of his two voluties for the League of Nations, on fluctuations in investment, was reviewed quite criticallay by the British economist John Maynard Keynes. But Tinbergen had the last laugh. His second volume presented an economy-wide model of business cycles in the US. Modells of this ikind Werde the vehicle through which Keynesian economics was subsequently implemented.
Today's economics forecasting industry owes its existence to Tinbergen's pioneering Work. But he also made Substantial contributions to the modelling of economic growth and to theories of policy formation, economic development and personal income distribution.
His most important contribution, after that to econometrics, after that to econoTetrics, was the demonstration that, in general, the achievement of given number of policy objectives requires as many independent policy instruments. This Conclusion was reached in parallel by the British
2O
economist (and No Meade.
Tinbergen was bc April 12, 1903, into of scholars. One of h (Niko), won the Nobl 1973; another bec; Zoology.
Tinbergen refusec service in 1927 and almost a year as a and research assista Stics bureau, the CE doctorate in physics he Went back to Wor he started research
COAFAESAPOW
Parody an
Thank you for pu (from Izeth Hussain, and M.A. Nuhman) i which dealt with my short note on Bosni ciate the continents spondents.
First, I thank Nuh reply and Hussainfo stylein which I havet the character of th What a contrast N stating that "aparod may also пneап pr equal space as Hus to mLSB on the Mt Bosnia, I can explai this Sensitiwe iSSUe.
Secondly, Sarawa tled to his opinion th; "does not hold good BLuthe Should alsOr of Hindus will disagr: the view that many Still believe that th Bandaranaike, Amir sa, Athulathmudali, Maheswaran, Padr

conometrics
Jel-laureate) James
rn in the Hague on a remarkable family is brothers, NikolaaS e Prize for biology in me a professor of
compulsory military was sent to Work for prison administrator ntat the Official Stati3S. After gaining his from Leiden in 1929, k at the CBS, where into economic dyna
mics and statistical modelling of economies. After leaving the League of Nations, he returned to the Netherlands, staying with the CBS until the end of the Second World War.
Then, he was appointed head of the newly-established Dutch planning and econostic advisory body, the CPB. He resigned from the CPB in 1955, to become a full-time professor at the University of Rotterdam (where he had been part-time between 1933 and 1955): In 1973 he moved to the University of Leiden, before retiring in 1975. He served as an adviser to the World Bank, The Organisation for Economic Co-operation and Development, and UNbodies.
VLOEWCAEF
ld Profanity
blishing three letters W.T. Sarawanapawan I the MG ofJur1e 15, previously published an Muslims. I appremade by your corre
Tlar for a Courteous ira Udee Tebuttall. The been critiqued reveals ese correspondents. luhman is correct in yon a sensitive issue ofanity." If I'm given sain has been given Islim perspective on my point of view on
napawanis also entiat the theory of kama in a modern Context". hot forget that millions ee with him. I also hold
Hindus in Sri Lanka e fates of S.W.R.D. thalingam, PremadaSri SabaratmarT, UTla manabha, Kiddu and
Mahathaya can be explained by the theory of karma.The Tamil proverb, "One who sows millet reapS millet; one Who SCWS misery reaps misery" reflect the theory of karTTha lucidly,
Thirdly, I was overwhelmed by Prof. Izeth Hussain's hidden expertise on psychoanalysis. He extrapolates on What | hawe COTTented about hİS CattO -COinclude "justify the whacking of the Sri Lankan Muslims by the LTTE." ask why bring LTTE into this debate. Did I utter anything on Sri Lankan Muslims or the LITTE? Hussain delights insetting upphoney targets and crowing about What an expert psychoanalyst he has become. If Hussain is entitled to claim that he wrote the "Muslim perspective on commission from the editor of the LG, don't hawe an equal privilege to Commenton What read in the pages of the LG?
Lastly, I will try to improve my skills in Writing parody and in the future will heed Nuhman's suggestion that parody on a sensitive issue may also mean profanity.
SECHSr Kitha մaբan.


Page 23
ཟ
Why there's so in this rustict
There islaughter and light Earter amongst has
Tural dar T1s els Who are bL|sy SOrting Cut tobacca leaf in a bar I. It is one of the hundreds of such
barns spread out in the mid and upcountry interediate zig where the arable laid remains fallow during the off season,
Here, with careful nurturing tobacco grows as a lucrative cash crop and the green leaves turn to gold... to the value of over Rs. 250 frillion or more annually, for perhaps 143,000 rural folk.
 

ENRCHINGRURAL LIFESTYLE
und oflaughter obacco barn.
Tobacco is the industry that brings employment to EhE: SECCIfid high Est ITILIT Tıber of people. Ard thESE people are the tobacco barn Tiers, the tobacca growars and thos: who work for thern, om the lard and in thers.
For the IT, the tobacco leaf Tleans meaningful work, a comfortable life and a secure future. A good Eri:Lugh TE-a sin for laughter,
CeylonTobacco Co. Ltd.
Sharing aார் Caring for our land and her people,


Page 24
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