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LANKA
GUAR
Vol. 17 No. 19 February 1, 1995 Price RS.
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NEWS BACKGROUND
Public opinion and
Mervyn de Silva
he longer the ruling party's tenure,
the greater the desire for change in a mature electorate where an impatient new generation votes at 18. The Sri Lankan electorate met most, if not all of these basic requirements in late 1994. But the rather large percentage gap between the mid-August parliamentary polls and the November presidential election can be explained only in terms of a subjective factor - the personality of Chandrika Kumaralungа.
But this factor cannot outweigh the objective-mass pressure, of which the cutting edge is the generational, explosive youth expectations and aspirations, Of this large youth constituency, the most articulate and impatientis the student. The university student seizes the leadership to Take the campus the first arena of confrontation. The outlook of the campus elite is neo-JWPist, with a Jatika Chintaya Component, largely because the Eelam secessionist revolt dostinates the current political debate, while claiming the time and energy of the Chandrika presidency. That fact is made obvious by the Tedia, and the attention it gives to the "War and Peace" issue.
Consider next the objective-subjective factor, Chandrika the popularly elected president, has the charisma.... the charisma of Sirina, her mother, in 1960. But Sirina Bandaranaike has the experience and maturity which President Chandrika lacks. But Mrs. B. is ailing, feeble, and she is NOT a popularly elected premier. A Working alliance may have provided an answer of sorts but evidently there is no such active liaison.
And then We hawe the media, Tuch larger and freer than ever before, particularly the print media. (The state-run radio and Rupawahini cannot meet the challenge). This is one of the most highly literate electorates in the World. So the print media
have the greater irt is specialising in "e the key-hole level. E dibility of the People
led.
The State-ulme unwilling to take of Prof. G.L. Pieris, foi who put on an irr SOW' in the first thr has quietly retreate HINI StudioS.
But the cortuni a Tirror - not ther
COALITION CONF
Many a comme compare the preser United Front led by Her allies Were the parties that were old led by mature poli Perera, Dr. Colvin F GOOnewardena, B (LSSP) and Dr.S.A. Mr. Pieter Keunema to cope with the unр. of the JVP insurgen rightwing UNP led t wardena) the Unite adrtinistration sor f debate, inevitable Next?" produced fi: that finally led to Confrontation, Primi her ideologue-cumdedit Was time to di
The 1994 People different Kettle offi: Voters KIOW how SLFP-led Alliancegiven in the press, e even Within the SLF ratne, a brave par record of anti-UNPis
"clear..... disagreeir

the petrol bomb
pact. The print media (posure" - almost at ach Sunday, the creSAIliance is undermi
dia is either urlable or the critics head-on. mer Wice-Chancellor, pressive "One-ManBermonths of the P.A., defror the RUPAWA
cations media is only eality.
USION
ntator is tempted to it P.A. With the 1970 " Mrs. Bandaranalike. ELSSP and the CP, er than the SLFP, and ticians like Dr. N.M. R. de Silva, Mr. Leslie ernard Soysa, etc. Wickremasingha and n (CP). Though it had 'ecedented challenge cy, (and of course the by the Willy J. R. Jaya| Front rar1 a Credible we years - until the in a way, on "What sures in the alliance a Left- Centre/Right Minister Sirima and strategist Felix deci5Engaga
s Alliance (PA) is a h. To start with, few any allies are in the 8 is the lowest figure even the highestl But o we hear D.M. Jayaloyalist with a fine T, speakout loud and or censuring the
policy-makers. From the South, we have the equally powerful voice of Amarasiri Dodangoda.
The truth is that the Kumaratunga government as distinct from the Peoples Alliance, in Opposition and on the election front (Provincial, Parliament and Presidential in 1994) addressed the masses in a different language, and another voice. Today, the PA administration pursues policies which appear to be strongly influenced if not dictated to by the World Bank and the IMF.
The large five-rupee increase in the price of petrol has created a new climate of opinion.
GUARDAN
Wol. 17 No. 19 February 1, 1995
Price RS. O.OO
Published fortnightly by Lanka Guardian Publishing Co. Ltd. No. 246, Union Place Coloro-2.
Editor: Mervyn de Silva Telephone: 447584
Printed by Ananda Press 825, Sir Ratnajouhi Saravanamuttu Mawatha, Colombo 13. Telephone; 435975
CONTENTS
Trouble with the Tigers Tamil Conference
Opinion
Sonia Gandhi Strengthening Democracy A B-Fold Path to Peace
Racisrn 17 Satyajit Ray 19

Page 4
Trouble With the
he mass media, particularly the
exercises in investigative journalism and Sundaypolitical reportage, has become a major problem for the Kumaratunga administration. Ewen Prof. G.L. Pieris who "briefed" the woters every nighton Rupawahini, Supremely self-assured, and quick-on-the-draw, has found tactical retreat the Wisest option. He certainly did not appear on TW to explain and/or justify the petrol price hike.
The government had its say for 2 or 3 months. Now the IMF and the Bank are having theirs.
The PA could have taken the consequeCeS of this unpopular announcerTent if only things were moving Well on the War-and-Peace Front since the two are closely related in PA strategy. The link is "the Peace Dividend" as Dr. Lal JayaWardena, the forTTer director of the
Helsinki-based WID nomic Adviser to thi A direct appeal to tuency" recognised bank, would win th then pawe the Way fc Tot Witti LTTE release large fur One-ad-half Tillio could be diverted Some Welfare mea: "grand strategy".
HOWever, Preside MONWIDE interwiëW E Conversatio with M the HINDU, sugges bhakaran, Supreme Tamil Liberation Tig Willing to accomme either on the time-ta rtive issues.
TAMIL CONFERENCE
Jayalalitha turns Tamilm
W. R. Mani
he biggest beneficiary of the world
Tamil Conferece which ended at Thainjavur was chief minister J. Jayalalitha. Despite opposition from almost all the parties and several Tamil scholars, she Went ahead with the multi-crore jamboree in an effort to give a further boost to her image.
But apparently she has come in for Criticism only from urban Centres. The OpopDOSitior parties hawe been luable to nobilise the rural masses against her. Ms Jayalalitha has also been making deft loweS on the political chessboard and is always one up on her opponents.
Whether it is the IAS officer W S Chadralekha, who refused to toe her line, or chief election Commissioner T N Seshan or her rivals in the Congress or the DMK, all of them find themselves outsmarted by her. It was widely expected that the acid attack two years ago on Ms Chandralekha, Who is now in the Janata Party, would
2
become a major polit t0 gair i ground.
Mr Seshanished by several chief minis tha has made it diffic: State. Following a TE by wolunteers of the ntly at Madras airp forced to spendse teTThirla. HE SLES the Taj hotel which for hosting him. Gooi ying the patromage caused considerable and to the cars of its
Ms Jayalalitha has With govemor M(Chai fall ÓCÇāSIOS - Shahl him the Short Shrift. she sent hit airly Conference by post.
The Opposition ha

Tigers'
ER andrlow top Ecoe President, called it.
"the PCE (COStij
as a groWing Wotee elections. It would or a negotiated settle, Whsch in turn Would lds, (estimated at I dollars a day) that O develop Tent and Sures. That Was the
nt Kumaratunga's LE ind her much longer lalini Parthasarthy of it that Welupillai Pra
Commander of the Iers is certainly NOT date the President ble Corom the substa
The following "quotes' reflect President Chandrika's thinking.
o "Today those people from the north Want peace so passionately that even the most Warlike leader cannot turn a deafear to that desire of the people. The request for peace is very loud and clear..."
"Until her government had come in, the LTTE was insisting that it was the only player.... but now it is only saying that it is the major player"
O On a possible Indian demand for Prabhakaran's extradition, if required by the Indian courts and government in connection with the GANDHASSASINATION TRIAL the President said "To extradite him We hawe to Catch him... and it is Something that the Indian army could not
".
Betto advantage
ical issue. But it failed
inawe orevепfеared sters, but Ms JayalaliLult for him to Wisit the Sisiwe der Ormstration ruling|AIADMK receJrt, Mr. SBShan Was ver hoUrs in the air Juently checked into had to pay the price ndas, allegedly enjo
of the ruling party, damage to the hotel PatrOS.
also crossed swords nina Reddy. On seweas attempted to give The latest Was When ritation for the Tari
sbeепcгyinghoarse
about the "fascist" tendencies of the ruling party. However, it has not been able to put her on the defensive with regard to her various acts of Omission and cornmission. The agitations launched by it on one issue or the other either fizzled out or never took off. The reason for this is that the opposition is hardly able to put up a United facade which gives rise to the feeling that Ms Jayalalitha is invincible.
While the DMK has split with Mr W. Gopalasamy quitting the party and forming theMarumalarchi DMK (MDMK), the CP1-M, an ally of the DMK for about a decade, has switched its allegiance to the MDMK. The Congress has lewer been able to have an independent base, since it had tried to ride piggy-back on the DMK or the AIADMK. And now, the acute rivalry between the factions led by Mr. GKMoopanar and state unit president of the party Vazhapady Ramamurthy has substantiaIly. Weakened the organisation.

Page 5
In sharp contrast, the AIADMKappears to be the only solid political force in the state which is completely under the control
of Ms Jayalalitha. This does not meam that :
the AIADMK's popularity is undiminished. The party had won the by-elections in Perundurai, Ranipet and Mylapore only after putting in great effort. In fact, the party is seen shy of facing the electorate now and hence its reluctance to hold local body Élections.
The ruling party seems to be banking more on the division in the opposition
ranks to emerge wict its own performance the opposition partie things will becomest according to obser We issues on which the it Orl t 3 Tillat.
For example, there of Corruption against ruling party. The polic partisan. There is no all the politically-Sens the one relating to th
Lankan Tamils to ignore ||
G. V. Krishna
ri Lankan Tamil Scholars, who
Were kept away from the recent Tanjawur meet, hawe decided not to take cognisance of the decisions taken by the International Association of Tamil Research (ATR) at the eighth World Tamil conference. They have communicated LLLLLL LLLLLLa LLL LLL LLLLLLCLLL LaaaaLLL Karashima.
The Sri Lankan unit of ATR has already announced its plan to hold a "parallel" Teeting of about 200 scholars, whose applicationsfor participationatthe TanjaWur Conference were not entertained by the Organisers. Four other Sri Lankan scholars, invited as delegates, were deported from Tanjavur for security reasons' hours before the conference started on Јапшагу 1.
Padmanabha, Secretary-general of ATR's Sri Lanka unit, in a fax message received here, spoke of an attempt by SOThe elements in Tamil Nadu to create misunderstanding with the Tamils in Sri Lanka.
He appealed to the Sri Lanka Tamils not to say and do anything that would result in worsening the relations between the Tamil,5 in the tWOCOLIrıtri BS. Mr. Padmanabha conveyed his country's good wishes for the Tanjavur conference, beCauSe it Was held to promote Tamil at Considerable government expense.
Sri Lanka vetoing the decisions taken at ATR general body meeting held during the Tanja WLur Conference is, however, quite anothermatter. The IATR general body
elected new office-be tional body. It was pr global meeting of Ta. Eithrill the UK Oti
The IATR (Sri Lamk rted hawe Writtel t0 M sting Color Tibo as We fETECE. The Sri L: challenged the nomir Sivathamby as IATR place of A. Welupillaio il SWEder.
Mr Wellupillai, now c dem, is president of IA removal from the int. Committee requiresol a spokes Tam of LAT which was not repres body meeting held in
The Sri Lankan un its communication to indiwidual letters to al|| cipated in the Tanjaw WOLld COfSllt Schol said the spokesman
The Sri Larkan IT of disappointment an the functioning of IAT nsible for organising nférerCE. ATR fournt at Tanjavur conferen:
Sri Larkan Scholar of the Tanjavur meet prise at ATR's inactio pation of many of its ( Conference. When th Lankan delegation W

rious rather than or
BL ut in the lewent of 2S Coming together, cky for the AIADMK, S. There are several
opposition caп ршt
are serious charges senior leaders of the e is accused of being progress in almost itive cases, including e attack OMS Cha
Indralekha. Added to this is the spiralling prices of essential commodities.
However, the AIADMK seems to be working on the belief that the sopsit offers to the people will fetch rich political dividends. The government is also assiduously trying to WOO Women, who account for nearly half the population of six crore, and still hawe formd memories of AIADMK. foLnder M GRamachandran. Thatapart, the party is also under the impression that grand shows like the Tamil conference will keep the people in good humour.
ATR CdeCiSiOnS
Harers Of the interraposed that the next mil Schœlärs bghgd US or South Africa.
a), however, is repor Karashima, SLugge1ue for the next COnkan unit has also lation of Professor K general Secretary in f Uppsala University
In Sabbatical in SWéTR (Sri Lanka), "His Brmational executive Jr concurrance" said R's Sri Lanka unit, ented at the general Tanjawur.
it plans to follow up ATR ClairTarl With delegates who partiUT COfēTerCE. "WE ârs in Tamil Nadu", of IATR (Sri Lanka).
we reflects a sense rlQng Îls SCF1Clars at R, which was respothe global Tamil coitself marginalised CE.
S, Who Were left Out ing, expressed surnin ensuring particiWinterbers at the É four-TB Tiber Sri 'as packed off from
Tanjavur by the police, Mr Karashima was not even infor Ted about it. His efforts to get an offical explanation did not succeed. Eventually, Dr. Karashima had to address a letter to the chief Tinister.
The ATR chairman felt so harassed that Mr Karashima, in a newspaper interview, expressed his intention to relinguish his post. The head of the Sri Lankan official delegation and minister S. Thondaman also had misgivings about the manner in which the conference was organised. "Adopting resolutions without proper follow-up action is a fruitless exercise", Mr Thorndaman told newsmen. He Stressed the need for revamping of the organising body, with a propersecretariat.
The Sri Lankan official delegation, led by Mr Thondaman, was sent to Tanjavur at the initiative of President Chandrika Kurraratunge. It is said that she was so keen on representation of Sri Lankan scholars that her government offered to charter aspecial aircraft to transport some 200 scholars Who Wanted to attend the Tanjavur meeting. But the organisers extended invitations to only four Sri Lankan Tamil scholars (who were - a|| later deported).
SEMINARPAPERS
The articles by Prof. K.M. de Silva, K.N.O.Dharmadasa, and A. Siwanesaselwan on Lake House, Sinhala journals and Tamil press (LG. Jan. 15) were presented as papers at an ICES (Капdy) вyпрояium.

Page 6
OPWOW
A mileStone for SOU
here is a tendency in certain
Sections in New Delhi to minimise the importance of the accordon ceasefire and Cessation of hoStilities the Sri Lankan GOWEerTiment Lunder President Chladnika Bandaranaike-Kumaratunga has been able to Work out with Welupillal Prabhakaran's Liberation Tigers of Tamil Eelam (LTTE). The agreement, which came into force in the midnight of January 7-8, has for the first time thrown up the distinct possiblity of ending the ethnic strife in our neighbouring island-state. As such it needs to be unequivocally Welcomed instead of undLully highlighting the prospects of it being torpedoed by resumption of hostilities.
Any move in the direction of restoring ethntcharmony in Sri Lanka is praiseworthy because the positive effect its fruition is likely to exerton regional peace, stability, Cooperation and understanding can hardly be overemphasised. In fact there should be no hesitation on the part of New Delhi to greet Chandrika for her contribution in evolving such an agreement in the face of heavy odds. This has been made possible precisely because of her transparently honest dealings with the LTTE and unambiguous statement that what her government proposes to grant to the TT|SG is "extēSIWE de Wolution". Se Tlalde it i Clear that the "Constitutional Tegforms process Would also deal with this" adding that she was more concerned about the "unified" country than the "unitary" Constitution. It is on the basis of this approach - which is indeed a striking departure from the stand of the previous administrations in Colombo stressing the unitary nature of the Sri Lankan Constitution - that a new chapter in ethnic relations is being unfolded in Sri Lanka. This Could sewe as a model for all Countries in the region including our own as We too are beset With the problem of aliemation as in Kashmir and the North-East.
No doubt What lies ahead is an arduous and uphill climb. For the LTTE's past
record inpinges on the confidence of
Success of any such endeavour as has
4.
been undertaken by it reeds to be Lurda her late husbandhas been Thost COIs perspective of ethni glwing due Weighta griewances and del minority. She more th leader is Conscious
the successive gow ld-state - after he tionin the fifties-ha (straying from the Bardaralaike-Chel not only alienated th helped the Tilitants
moderate leaders in the state. She is thus to Unido the Wrongs past by which she is of taking the wind militancy in Sri Lank
It Would be, of Col. out this militancy ow there many uncertai
T
Le:
TF Lill
Y

Ith Asia
Chardrika. HOWêWer, rtined that along with Wijaya-Chandrika sistent in projecting a C peace in Sri Lanka ge to the concentns, mands of the Ta Til an any other Sinhala of the bitter fact that arnments of the islar father's assassinadadopted measures provisions of the anayagam pact) that e Tatils but in effect to take Over from the the northern part of striving her very best and mistakes of the s reasonably hopeful out of the sails of
a.
Jrse, difficult to Weed ernight. Not only are nties but the future is
fraught with dangers as well. However, with infinite faith in the Wisdom of the people at large a beginning has to be made. Without discarding caution one has to take the risk of adopting an accommodative approach. That is precisely what Chandrika has done. If she succeeds in her efforts not only Sri Lanka but the entire South Asian region will be the real beneficiary.
With that end in View one must hall her commendable move for recasting ethnic relations that Would go a long way in the direction ofensuring both peace and harmony. What has been produced through purposeful negotiations is actually a pathbreaking accord which holds the key to substantial progress in the days ahead. All right-thinking citizens of our countryindeed of South Asia as a Whole-should congratulate her on this major step forWard towards amity and tranquility in Sri Lanka as well as this part of the World.
– Marsfreiärr
Waiting - 2 The Crossing
tion flares on the Meridian. Le great Silence QfSpace, ascerids the right-cirdled trees.
o TL oller DeCerbes, Telease, e rer T er 7 bered tillings Lye scuid ce, See, Oriolus Coluberfecci Iu kilo LU that means its Truidnight.
dnights together uher Space-Time held II Paths entangled and the Stars Warrn
toLU Orionl is ter Tote ar lid chill 'uille a lor le star shoots beyond the Fuil eaking thuis Life's trUSE
U. Kaunatilake

Page 7
OPINVIWON
Quest for peace
he guns are silent but Sri Lanka's
On-again-off-again peace has run into difficulties. The ceasefire that came into effect in the second Week of January is still holding. Army field commanders are in regular communication with their couInter parts in the rebel Towerment, the Liberation Tigers of TamilEelart; and four peace Committees, each chaired by a neutral foreigner, are monitoring what the govern Tent insists on calling a cessation Õf hÖStilities in the orth and I fälässt. But despite the government's offer of $800 rt to help rebuild the rebel-held north, the Tigers are insisting on further concessions before beginning negotiations om a politiCal Settler Tert.
The talks about a permanent peace, which came to a temporary halt on January 14th, are deadlocked. The main proble T is the military base of Poloniareen, Which lies astride one of the two land rCLUBS belWeer tha Tailand and the Jaffna peninsula, held by the Tigers. At the Totent, both land routes are closed LC) träffic. To reach the permimis Lula, civilia trawellers hawe to make a perilous twohour boat journey across the Jaffna lagoon, while bulk supplies can reach Jaffna only by ship.
Both sides hawe agreed imprinciple that a land route should be opened as soon as possible, Tainly to bring in the materials and equipment needed for the recoinstruction programme. The government is prepared to shift the perimeter of the camp So as to free the road from military control, but the rebels im sist that Poolareer should be completely distantled. Until agreerTrent is reached om that, the rebels say that the peace talks cannot get under Way.
The government, which has already Tlade a string of concessions, Cannot easily meet that demand. A rebel attack on PoOnareen in Nowertber 1993 Was barely beaten off, and led to the deaths of hundreds of government troops as well as Tigers. As a result, in the Words of a Senior officer, Poorlareer is "dear to our hearts". The army agreed only with misgiWings to a ceasefire - one of the rebels'
Tain derslands. If F Kumaratunga Weret be abandoned. afte
Tuch blood in its d widely considered a sense and of the arm
The Tigers' intrans Taratungaira spot. ntial Election in No, margin, and chose t as a mandate to Cc Tent's "quest for pe the talks, which had b the äSSassination oft GarTimi Dissanayak has prowed more dif clad. In effect, the Tig to inTipose neW Cor. talks that they previc prepared to join uric
Mëårl Whila, LltraWSpapers in the Soul they call the "Cha pact", thus linking th With that of the Tigers' (incorrectly) that she lha rort to tflB THT rnment has not yet proposals, but if neg is expected to offer pOWers Withina fede
Such proposals a When she opened Pa 6th, the president de peace efforts with thi ke-Chelwanayakart negotiated (and ther father, it was the firs strike a fair political majority. Sinhalese a Over the intervenir doomed attempts fighting hawe also irhw devolution of power t
The main differenc Kumaratunga is wide that rare thing: a Sinh to defy the petty dicta winism. But the divide ntial victory Will not la: by Criticisrns Of its har

President Chandrika JOrder POOlaf Galto the shedding of so efence, it Would be betrayal of common y's honour.
sigency puts Mrs KuShe won the presideember by a record o interpret the result ontinue her governace". But restarting eer Suspended after he opposition leader, 2, on October 24th, Ficult than she expe|ers hawe been trying litions on the peace usly said they were Inditionally.
ationalist studert niehare decrying what drika-Prabakharan he president's name leader, and claiming has in effect Ceded ls. Infact, the gowedrawn up political Jotiations proceed it SOE de Wolution of ral Constitutior,
e not new. Indeed, Irliament on January liberately linked her E195BBääact, an agreerTent abrogated) by her it serious attempt to deal between the ind minority Tamils. ng decades, other O end the ethnic olved proposing the Oregional units.
EthİStİTEİS tät MTS ly considered to be halese leader Willing tes of majority chau2nds of herpresidestindefinitely. Stung dling of the first talks,
the government has made it clear that it Will not allow negotiations to dragon for months on end, as happened in 1989-90, the last time a government tried to reach a negotiated settlement. So if the Tigers continue to play hard to get, Mrs Kumaratunga could eventually be forced to seek Support for her political proposals from other Tamil groups, while giving approval for a renewed military onslaught against the rebels. Whether that would be any more decisive than previous onslaughts is another matter.
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Page 8
Why Sonia is Ang
Withdrawal of SPG cover to Rajiv Gandhi without provision of a suitable alternative for his proximate security by the Central Gove. Timent resulted in reducing the lawal of his protection Without any reductor r the reat J TTT.. - JuStiCe J.S. Werra Commission report, June 15, 1992.
SPG cover provided to Shri Rajiv Garidhi, as prime minister, ceased to be availabletohirrafter he derrifted the office asper the provisions of the SPGAct. The alternative security cover prescribed for Shri Rajiv Gandhi was comprehensive and adequate to meet the perceived high Jewel of threat. --Government ATR in the Lok Sabha, December 23, 1992.
The non-availability of SPG cover to the late Shri Rajiv Gandhi had resulted in sorme dWLufion in the quality of his proximase security arranger ens. —GoWern Tent ATR in the Lok Sabha, April 28, 1993.
This reversal 20 months ago of the Government's stand on Rajiv Gandhi's aSSaSSination followed Wehément protests from Congress MPs. The result is that the government is again under pressure, this time to book those responsible for the withdrawal of the Special Protection Group (SPG) cover from Rajiv.
Just a fortnight before he resigned last month. Arjun Singh made a strong pitch for action against W.P. Singh, the prime finister at the title of the Withdrawal of the cover, at a meeting of the Group of Ministers (GOM), a CabinetsubCommittee formed to take follow-up action on the Justice J.S. Verma CorT1Tission's repOrt. But the other ministers, led by S.B. ChaWan, overruled him and referred the question of holding W.P. Singh to account to the Cabinet, saying the GOM's brief was confined to dealing with errant officials.
The Sonia Gandhi camp is convinced of W.P. Singh's culpability, particularly because of the cornission's findings. When Rajiv left office in December 1989, the then Cabinet Secretary T.N. Seshan instructed that the cower should continue ti|| fresh SSSSrent of the threat to his life was made. But Seshan's successor. W.C. Pande, withdrew the SPG barely two T1Orth15 later for What Weerrilla Calls "tenuous" reasons: lack of authority under the SPG Act, inadequate strength of the SPG and Rajiv's high visibility - none of
Which Were consider Hurdles" When SFG. to all the former prime failies in the Wake tiom... WerTma Conclude had been "prompte proper perception Orti the stated difficulties
Sonia is Said to beg has been penalised f lapse aimed at distar public. The commiss the alternative securi quate, despite "the | from title to time to personnel or an NSC the intentions of th Chandra Shekhar go such B. Tessage W: 1991, justa day befol And Rajiv himself ha SSatisfaction. With his ters Written to the behalf by former mir ram and hiS , SeCreta Though the Rao Go" med explanations frO wed, it is still unsur enough material toch
The fate of the ot up to unraWell the CC) assassinatioriSÉWÉ retired chief justice of M.C. Jain, is yet to st GOWE TTITlent is hold ments stating reaso At the last hearing O Commission ordered specify by February which it proposed to
The irony is that ordered the produc Teits & thisStarC itself. "It is a share is not cooperating. trusted with the do Lumearth the trLuth", si nSEl for the All India tt. There Carl be I of the GowerTert's stigation of Rajiv's a:
Bofors
TE NESTER always as evasive regime om Bofors. TF leaders Were surpri:

Cry
gd "iMSLUTT OLUtable Over Was extended Tinisters and their if Rajiv's assassinald that the decision more by lack of he requisite will than
alled at why nobody or such a calculated 1cing Rajiv from the ion's assertion that ty cover was inadeproposals of the IB Jrovide former SPG Gescort", duestions e W.P. Singh and Wernments. The last as sent on May 20, e his assassination. id expressed his diSecurity through leGovernment or his lStar P. Childa Tibary, Vincent George. vernment has obtaithe officers inwoWhether there is агgesheetaпybody.
her COTITission Sel inspiracy behind the Worse. Its chairman, the Delhi High Court, art his inquiry as the ing back key docums of state seCurity. П December 19, the the Govertent to 2 le d'OCLTEl S.O. claim privilege,
13 COTTISSIO ad tion of these docue of the Congress(I) hat the (GC) Wernment The judge has to be CLuret for hir t0 ays R.N. Mittal, COLUCongress() CommiO better testi Tonial bungling in the inWESSaSSination.
30 GOWEerri Tert W3S as the Rajiv Gandhi that is why opposition Sed Wher1 ParliarT8
ntary Affairs Minister W.C. Shukla invited them on December 8 for a briefing on the Bofors investigations, And Since this CoiIncided with the Congress(I) debacle in the south, the meeting inevitably acquired a heavy political Connotation. It was seen as a bid to pre-empt Congress(I) dissidents from rallying around 10, Janpath, the bungalow opposite Shukla's Where SOrlia GandhiliWëS.
This was a Welcome opportunity for opposition leaders to air their allegations against Ottavio Quattrocchi, close friend of the Gandhis and erstwhile New Delhi representative of the Italian engineering company, Snam. Progetti. Hisinvolvement in the Bofors kickbacks became public only in July 1993, when the Swiss Federal Court distissed all appeals against the release of the relevant bank documents to India. The Swiss authorities rared him as one of the three principal appellants. The other two, Win Chadha and the Hinduja brothers, had already been implicated in the FIR lodged by the CBI in January 1990 under the National Front goveTEt
The Dece Iber 8 Teeting saw opposition stalwarts such as Jaswant Singh, Rart Wilas PaSWarhard SOmnath Chatterjee attacking the CBI for not arresting Quattrocchi, who left the country eight days after his name was made public by the Swiss. But CBI joint director R.C. Sharma, also at the Teeting, said their hands Were tied till the bank account papers, currently being Sorted out by a Swiss magistrate, were actually Sent to India. The documents are expected to establish his link With the Bofors kickbacks, since under Swiss a Whe Would Other Wise hawe had o WCLES Sfar di to appeal against the transfer of information.
Though Personnel Minister Margaret Alva had already confirmed Quattrocchi's identity as an appellant about a year earlier in Parliament. Shukla's briefing went further - it was as close as any Congress(I). Government could hawe Corne to Walidating the Seven-year-old opposition charge of political bribery in the Bofors gun deal. The Government expects the papers in another six months, blaming the Swiss for the delay. Whether or not that happens, Shukla's unprecedented briefing has clearly not gone down well with at least one of his neighbours.

Page 9
STRENG THENING DEMOCHAOY
A Role for Lawy
Neelan Tiruchewan
SE Asia has witnessed momentous political transitions during the last few years, in Pakistan, following the assassination of President Zia-ul-Haq, democratic elections were held in 1988 under a competitive electoral processes, a popular government was installed. Prodemocracy movement in Bangladesh led to the appointment of an interim government under Whose auspices free and fairelections Were conducted. These ellections facilitated the replacement of military regimes by democratically constituted governments, and in Bangladesh to a transition to a parliamentary form of government. Nepal also underwent dramatic political transitions to establish a multi-party state headed by a constitutional monarch. At the center of the South Asiam region is India, a federal polity with a long tradition of representative institutions which have survived the continuing challenges of religious fundamentalism and Sectarian violence, Sri Lanka also has been able to hold multiparty elections which have led to the alternation of power between the major political parties between being beseiged by two insurgencies and the Tilitarisation of civil society. The South Asian region therefore is one characterised by extra-ordinary geographical, political and socio-economic diversity. Despite this diversity and complexity, it remains a region which has the largest population ideologically Committed to periodic elections to representative institutions, fundamental rights and democratic freedoms. It is therefore a region of considerable importance interms of constitutional experinentation, institutional reapoporaisal and renewal. ISS Lues of Constitutionalism, democratic transition, political accountability and human rights are the center of the political and intellectual agenda. Nepal enacted a new constitution based on popular sovereignty, multiparty State and enforceable fundamental rights. Bangladesh amended its constitution to move from a presidential to the parliamentary system of govermance. However the minimum concerns between the goveTTent and opposition to Sustain deto
cratic forms is be India the secularif and the federal ch: faced challenges ssionist Toweriner ggling to reconcile COrlstitutional fram graft a Westminste a highly centralise Sri Lanka is in th programme of cons tion. It should invol. CB Tent of the exis exercise in interd existing Bill of Right dies, to institution devolutionard tore form of governmen
The purpose of On the role of the of democratic tran: ning of the structu
Tocratic accounta exa Tire the role іп ensшring the int DrOCBSSES and in S. cting the sanctity of forms of governamic cy from the will of turn reWolweS Cor. W and procedures ar that an election is of this will. I me democracy is often rtunitiesto participa With very few stru public engagemen national decision Would therefore a and challenges of in the legislative pro of Thaladministratio Time the role of i political pluralism, i. of civil society and t mal life Outside the :
Integrity of the ele
The SAARC NO rver Grouphas poin are the most Visible

erS ?
ng rapidly eroded in |undations of the state racter of the polity has ly revivalist and secetS. Pakistarh is . strLuthe contradictions of a work which sought to style government into d presidential system. e threshold of a new titutional experimenta'e the repeal and replaiting constitution. This ed to strengthen the S, democratised remelise a federal form of vertto a parliamentary |t.
this paper is to focus awyers in the process sition, and in stregthe"es of political and debility. The paper will if the legal profession egrity of the electoral afeguarding the protethe ballot. Derm0Cratic ce, draw their legitimathe electorate. This in rhether electoral laws e intended to ensure a genuine expression iny of our Countries, being limited to oppote in periodic elections ctures for continuing t in the processes of making. The paper ddress the problems popular involvements cess and in the review n. Finally we will exaawyers in facilitating 2 in the strengthening he forms of associatiostate.
ctoral process
-GOVeľnmental Obseted out that "elections and symbolic form of
political participation. Periodic, genuine and free and fair election are essential for the achievement of effective participation". The right to franchise has been conceptualised by some Asian constitutions and by political commentators as an integral component of the sovereignty of the people and as a basic human right on which all other rights - civil and political are dependent.
The Criteria for the assessment of free and fair election was procedural and substantive. The procedural factors relate to the manner and for in of voting, counting and the declaration of results. The substantive factors relate to the Contextin which an election is conducted and include factors such as the open and competitive character of norminations, the fairness of electoral campaign, determination of the right to wote and the impartiality of the electoral administration. The legal profession has been active in defining the legal framework relating to the conduct of elections and in ensuring that the process is free and fair,
One of the critical factors in South Asian context is to ensure that the government which conducts an election acts in a neutral, fairandimpartialmanner, These concerns become particularly important in situations where there has been a dramatic transition from authoritarian or military form ofgovemmentloапoreparticipatory and democratic process. In Bangladesh, the pro democracy movement was able to negotiate for an interim caretaker government headed by the former Chief Justice and composed of impartial civil serwants. The primary responsibility of interim government was to oversee the conduct of parliamentary elections and to ensure that international and domestic observer groups were invited to observe the electoral process, Similarly in Nepal an interim government headed by Prime Minister Krishna Prasad Bhattarai and consisting of representatives of the Nepali Congress, Communist Party and independent

Page 10
groups presided over a process which involved the enactient of new constitution and conduct of parliamentary ellections. In Pakistan, the caretaker government headed by Moeen Qureshi conducted itself with Considerable acceptarice and there were few complaints as regards to the measures relating to the conduct of elections. The SSLJe does h0WëWër arise as to whether it would be legitimate to require that all elections conducted should be supervised by a neutral caretaker government, representative of the major political formations in the country, This is one of the critical issues in the present political un rest in Bangladesh where the opposition is demanding the holding of general elections under the auspices of a multi-party caretaker goveret.
Amongst the matters which relates to the fairless of elections is the need for an up-to-date electoral register to avoid multiple voting and the disenfranchiseTent of the eligible voters. Other factors which had traditionally witiated the fairness of the electoral process are violence, intimidation, undue influence and bribery. The electoral campaign must be one in which competing political parties and the supporters are able to freely and openly hold public meetings, distribute election TlateriālSardČāṁWāS thė ėlėČtÕratė Withim the frameWork of the electoral laws. There has been considerable debate with regard to equal access to the electronic media and to ensuring the state controlled print Tedia does not confer an unfair advantage on the ruling party. Similar concerns relate to equality of access to public resources and facilities such as public transportation, state vehicles and helicopters and access to public grounds and meeting places. The Elections Commission, the Police and the bureaucracy also need to ensure that they would conduct themselves in an impartial and fair manner regariding the enforcement of electoral laws and procedures,
One of the more significant developments within South Asia has been the cooperation within civil society institutions in observing the elections in South Asia. During the last six years, SAARCNon-GoWernmental tear Shawe observed the Pakistan elections in 1988, 1990, and 1993, the Sri Lanka Presidential elections in 1988, the Bangladesh elections in 1991,
8
the Parliamentary el 1991 and the Lok Sat in 1991. One of the U T1Ces of theSE develo Tlets hawe telde Centralize Such electi scis85. THESE dBWBC place particularly in where the governme COITriSSin läWe C
all observer Tissio: groups With the facil ÉleClicÕIS. Thērė åre authority which cont also called upon to rvation and evaluatio gional and internatio rcises are credible Wh ken by independen and inter-governme and the exercise is resources and facilitic exèrciiSiShaWĠ alSČ)
reforms of the lector res, For example, the in Pakistan prior oth duced a new Cor. Cepot fication. This include: indiwiduals frOT COT they have defaulted
A similar developme by the Indian Electio exclude communal. ctoral process and it Minister and other
enjoy unfair electore use of state facilities.
Participation beyon
The process of law ASiam COutrie Sha5 Continuing engager rnrmental organizatio aSS0ciati.Jr15 arhd Ot mbers of the publici Cess. One of the im: this regard has been a law COT. Tission C lawyers and Social SC a SysterraticsEWieWO Of the la W and to Tlak for reform. In Sri La SSion Was Conceive entity and clothed W rėCOmmėmdätilo 15 di ment. It was en wisa Cess, the COTThissi extensive process o' and discussions With and individuals. Thi.

lections in Nepal in bha election Slim India mforseen consequepments is that goveito appropriate and or observation exepments have taken Sri Laka and Nepal t äld the Electio instituted intertatiosand provided these itis to obo5eWe the difficulties when the ducts an election is coordinate the obseof its fireSS. FRBnal Observation ExEhenthey are Undertat. поп-governmental antal organisations tot dependent On the 3s of tha state. These helped focus on the all laws and proceduinterim government e lastelections introof electoral disquali2d the preclusion of testing elections if On their bank loans. nt is the role played S. Commissioner to parties from the elleO ensure that Chief iCuberts do mot advantage on the
ld representation
refor T1 i Tost South not provided for the пепt of поп-govels and professional her COnce Ted TBIn the legislative proportat in O'Wation ir the establish Tert of onsisting of judges, tientists to undertake fimportant branches EECOTALITEIdatiOrlS ka the Law Commias an independent ith power of making rectly to the Parliaged that in this proon would engage in f public consultation concerned groups s promise however
Was not realised. The Law Cortlissions Were primarily staffed by part-time perSons who were unable to provide the sustained input which the tasks of reforms required. The Commission was also not Supported by a team of researchers who Were able to undertake interdisciplinary research on existing laws and their іпрасts.
The existing arrangement within South Asian legislatures to establish Select Committees with a mandate to examine proposals for reform and to consult the public on the desirability of such reforms has also prowed to be ineffective. The Standing Orders of most South Asiam legislature do not often provide for public sittings and public hearings. Concerned non-governmental organizations, academic and professional groups are also not adequately organised to intervene in the legislatiWe process and to ensure that a range of opinion is placed before such Committees. There is an urgent and immediate need to rationalise and simplify parliamentary procedures with a view to ensuring that the deliberations of parliament are Tore open and accessible to the public. The public also need to enjoy access to draft legislation, reports and working paperson which legislative proposals are based. Registered non-governmental Organizations and concerned groups Sh0 Luld allSO be eshtitled to Tlake Witte representations and submitrilaterial to legislative Cormittees and ensure that Such material are duly circulated. The Standing Orders of legislatures need to be amended to enable such concerned groups to als0 make Oral representations to legislative Committees and such representations should be given wide publicity. Facilities should also be provided for the electronic mediato hawe access to legislative and committee proceedings.
A related concert linked to democratic accountability and public participation in representative institutions is the legal and policy framework relating to non-governmental organisations. Several South Asiar countries hawe adopted a cautious and restrictive approach towards non-goVernmental organisations. They hawe generally WieWed them with suspicion and introduced restrictive legislation relating to their registration, operation, their funding and financial reporting. Such restrictive legislation is found in Bangladesh and in

Page 11
India. In SriLanka, a Presidential Commission on Non-Governmental Organisations has recommended a comprehensiwe scheme of regulation which includes mandatory registration and detailed and impractical financial reporting. Human rights organisations, environmental groups and developmental organisations projecting an alternative developmental vision hawe also faced other forms of harassment and intimidation by the state, The legal and constitutional framework of non-governmental organisations need to be strengthened with a view to protecting their freedom of operation and ability to recruit staff, mobilise domestic and external funding without state interference.
In countries such as Sri Lanka, the norms of democracy and constitutionality hawe long commanded a following among the Sri Lankan people despite the routine violation by the state. In South Asia in general the strong associational life of the urban middle class has provided a strong reservoir of resistance against authoritariami ST. These associations hawe been ethnically heterogeneous and provided a base for political dissent and for a more dispersed civil rights movement. Similar Counterstate movement and Social Ovements have successfully mobilised rural cortunities on environmental, developmental and human rights issues. The emergence ofan independent civilsociety Stherefore Criticalto the democratic development and lawyers have an important role to play in defining and protecting the autonomy of professional, civil, developmental and environmental organisation.
Problems of transparency and accountability
| additio to institutionalisation of a multi-party system protecting the integrity of the electoral processandstrengtheming popular participation in the legislative process, democratic developments call for more effective forms of accountability. Concerns of widespread abuse of political power, maladministration and corruption hawe led to the leed for neW laWS and institutions to Combat corruption and co
rect Thaladministration.
Corruption erodes public confidence in the institutions of government, and breeds cynicism if there is a large scale of abuse of power at no cost or risk to those who abuse their powers. The co-existence of
private Wealthamid deprivation eroides
political system. Th development which the market and to prTent is one which by greed. Large S. possible Without th large private and C tions and public offic ssions are paid by companies, and con view bribery as one business is third Wo
In apporbaching th Would ordinarily Cor of Countries Which mbated corruption. often reveal that So legislation is alongi many short termanc necessary to сопр tid). The first of Su include the review a and procedures rel; and contracting stan is required of disbu and audit requireme ment procedures shi cable be made app mpanies, public Corpo tisedenterprises. Th to be evaluated with nsparency, the prom tion, the disclosure selection Criteria, an dispute settlement. to address the issue form, Which COLuld er nalism, the remuner motivation and aCC reaucracy. We also donors and recipient nge information on tions and firls whic practices and to frar Could Serve as al li behavio Ur. There is revise the professic dards and codes ssions; engineers, ntants, lawyers to di mplicity With corrupt situations where th interest. The Ministry with international W: as Transparency Int to encourage the ( Watchdog bodies as

tpublic Squalour and he legitimacy of the Todel of Économic accords primacy to rivate sector develois essentially driven ale corruption is not collusion between ten foreign corporaals. Often the COm Th|- foreign contractors, sultants who cynically of the costs of doing ld Countries.
e task of reform We sult the best practice |awe SLUCcessfully COThis practice would histicated and strict sufficient. There are | long term measures lement such legislaChi mēāSures Should ild reform of the la W5 iting to procurement dards. Similar review |rSement prOCE dures ints. These procureould Wherewerpractiticable to private cooratioпsапdtoprivaese proceduresneed I respect to their traIotion of fair competiof objective and fair the Techanisms for n addition, We need as of civil service rehance the professiotion, the morale, the iLuntability of the buneed to encourage companies to exchadelinquent corporahengage in corrupt he ablack list which leterrent to corrupt a similar need to nal and elhical Staof conduct of profearchitects, aCCOuter professional coractices and to avoid are is a conflict of of Justice must liaise tohdog bodies such rtational. We need "eation of domestic igiland and informed
domestic public opinion in the ultimate safeguard against the abuse of power.
In Sri Lanka's recent history of prosecution of bribery offences and investigation of abuse of power. We have seen certain predictable cycles. In the early seventies We witnessed a vigorous if not overzealous enforcement of the Bribery Act, to be quickly followed by public disillusionment With theproceduralexCasses, inturn resuIting in loss of confidence in the integrity of the judicial process. It was found during this period that deviations from the normal rules of evidence and procedure in respect of special cases such as bribery and foreign exchange violations, hasa corrosiWe impact on judicial outlook in general, and inevitably affects public perception of the fairness and integrity of the judicial process. We saw a similar shift in public opinion when the Special Presidential Commissions of Inquiry Act was vigorously if not overzealously invoked in the late seventies to investigate abuse of power, Public concern quickly shifted from the issue of accountability of elective officials, to concern with issues of due process and fairness of these procedures.
The goal of creating an effective institution for the redress of administrative griewances has also eluded South Asia for many decades. From the midfifties many South Asian students of public law hawe followed with great interest the office of the Ombudsman, an institution which originated in Sweden in 1809 for the purposes of receiving and investigating Complaint from citizens against unjust admimistratiwe action. This institution was SUbsequently adopted by Finland in 1909 and spread to Denmark, Norway and New Zealand. Even the United Kingdom which had for many years resisted this institutioall innovation established a Parliamentary Commissioner for Administration in 1967 and a Commissioner for Local Administration in 1974 to remedy injustices caused by maladministration. There was however an important conceptual differenCe between the institution Of the OrTibUdisman as it operated in Scandinavia from that in Britain. In The Scandinavian model, the Ombudsman was conceptualised as an institution which was independent of existing political and administrative agecies while in the British Todel the OmbUdsman was conceived as an adjunct to Parliament. The Sri Lankan experiment

Page 12
With the institution ha 5 hOWE WEerflOUndë
EdbEtWEBrth BSEtVOTOdelS.
There are number of reasons as to why the Parliamentary Commissioner for Administration in Sri Lanka whose office was established in 1981 has failed during the last 13 years of fulfil the expectations of the public of an independent, impartial and informal Watchdog againstral-administration. Firstly, the Office of the OTibudsпan was essвпtially a vегу регsonal institution which derives it strength from the personality, the vision and vigorous Cormittent to the value of justice and fairness which are critical to the office. do not think that governments have attached adequate importance to this office in the selection of the Parliamentary Comissioner of Administration and in the financial and hula resources that have been placed at his disposal. Secondly, public understanding and confidence in the institution of the Ombudsman is limited. No meaningful program of public education haS Egg Undertaken and those who are aWare of the institution have a negative view of its effectiveness. This is particularly marked in the case of the fundamental rights as for years the Ombudsman received no complaints of abuses of fundamental rights. Thirdly, the Ombudsman had an ambiguous relatioship in a presidential parliamentary system. His appointment is made by the President and is accountable to Parliaппепt. The principal Act поw being ameInded envisaged a close link with Members of Parliament and the Public Petitions Committee. But this link has proved to be TOTE for Taltharral. The PLublic PetitiOS Committee has not provided the legislatiWE QWE wie W tättle Sg|Bct Collmittgg Ol the Ombudsman has provided in the UK Parliament. In the circunstances, the authority of Parliament has not been invoked to give teethto the Ombudsman, and there has been little legislative interestin the reports of the Parliamentary CornmiSSioner and his recommendation. It is also significant that despite the explicit requireTent of the law that the Ombudsman shall at least once in every calendar year send to the President and the Parliament a report of the Work done, there were only two such reports which were presented. Fourthly, a very important aspect of the jurisdiction and powers of the Ombudistian related to administrative practices which were unreasonable, discriminatory
O
and oppressive. Ther ningful impact of the disman on the review In Sweden the pena Ted as a result of th: dsman. In New Zeal: reCOTTEeldations IF impact on the reforr systems.
COrclusi
While being sensiti - B |lat la CI perspectives Taybe nguish the South Asi democracy.
First in South Asia wibrancy of institution system, the bureaucra the press is partly the rience with Universal competitive political p tion of political demic legal constitutional or riodic challenges from Wements, coup d'etat COristituti al Walu5 the ruling elite. This is of Pakistan and Bang had been a break in nuity With forcible seiz military, However, ewe the institutional legac bureaucratic Culture гіап years гetaiпеd s helped mediate there authoritarial rule. In
ToCratic has beer TC rable in Africa, Southin parts of Latin Amer
Secondly, despite nce of political instituti South Asia is in the upheaval where there towards redefining the and the relationshipb religious, ethnic com caste groups. The pol followed the transfer provided a frarTIB Wor of intergroup tensions longer, seems to holt Which Wërg at the Cë are being rejected. Ir between different c ntiated by religion, Were SLIStained by cor

e has been lost leaOffice of the OTLof such practices. system was refoa Work of the OTibuand, Ombudsman's had a significant Ti of administrative
e to the specificities ext, some general offered Which distian experience with
in the strength and s such as the party icy, the judiciary and result Of long Expeadult franchise and ocesses. This tradicracy enabled the der to Withstand peinSurrectionary m10e, or SLubversion of and institutions by sprobably less true ladesh where there Constitutional contiEure of power by the in these Countries y and the legal and of the pre-authoritaDITE TEsilierCB and CErit tral SitiQIl frOIT) comparison the dere fragile and vulneEast Asia and even ica.
he apparent resilieols and processes, process of a major is a continuing effort 2 nature of the polity, etween the different munities, tribal and itical compact which of political power k for the resolution This framework no i and the concepts ntre of the compact India, the balance OTTUulitIES differgthnicity and caste cepts Suchasfede
ralism, secularism and affirmative equality. The political consensus on these issues soon became eroded, with the inability to agree on alternative arrangeTents causing Social upheaval, Revivalist and furthdar Tentalist forces hawe also Called into questions the State's Commitments to secular principles. The state is no longer wiewed as the neutral arbiter between competing religious claims, and is being increasingly called upon to preferentially Supports the religious beliefs, institutions, and places of workshop of a resurgent majority. There is a growing realization that there can be no finality in the resolution of the Se questions and that there Would be constant need to renew and reconstruct societal arrangements for the resolution of inter-ethnic and inter-group Conflicts. In South East Asia, Africa and Latin America there is less agonsing reappraisal of the basic relationship between groups and the very nature of the polity. The question of inter-group conflict seems less central to the process of constitutional and democratic recoStrLCtilors ir Latim i ATilerica, East Asia and (with the exception of South Africa), even possibly Africa.
Third, there is a much greater extend the element of civic participation, through human rights groups, and social action organizations engaged in creative interactions with journalists and lawyers toWards redefining the constitutional agemida and the lature of the discČLurse, li lm dia thë emphasiS On Socio-economic rights in the enforcement of fundamental rights Was partly the result of this process. It is thus clear that constitutional imagination and innovation is no longer the sole monopoly of law professionals or party leaders, and that allele Tents within civil Society can play a part-in expanding the frontiers of funda Tental rights. It is not Clear whether SLICh cwic irwolwerTermt ir expanding the base of democratic legitiTacy is as pronounced in other Asian, African or Latin American experience.
The legal profession in South Asia faces the dazzling and yet daunting prospects of reconciling the challenges of a reawakened civil society and the disintegrative process of ethnic and religious fratricide With the imperative of modern nation states. This is an opportunity which needs to be grasped.

Page 13
An 8 - Fold Path to
(A Memo on Peace-Making and Constit
- World Solidarity Forum Sri Lanka Group:
PREAMBLE
Inter-related Process
In working for peace there are a number of factors that have to be considered together, as peace is an inter-related process involving diverse factors. Neglect of any of these factors will mean that there will be blocks in the way and no real progress towards peace,
For instance, a common mistake made by some of those concerned for peace is to stress only the problems of the Tamils, overlooking that the Sinhala people have problems too. Similarly, some Sinhala people protest that the Buddhist religion and the Sinhala language are in danger and must be protected at all costs and do not recognize the dangers faced by the Tamil people. Different sections of the people have to listen to each other's point of view and recognize each others' problems. Also they all have to recognize certain common needs and tasks.
Terrorist or Ethnic Problem?
Then, the complex nature of the cause of the conflict has to be recognized. It is often debated as to whether it is a terrorist or an ethnic problem. Actually, it is first of all and, basically, a social and economic problem, secondly, an ethnic problem and thirdly a terrorist problem.
There was a steady deterioration of social and economic conditions over a period, which reached a crisis at the end of the nineteen sixties, with the failure of the green revolution and the exhaustion of external financial reserves. From this time Sri Lanka started getting into debt. Unemployment, especially among the youth, reached serious proportions.
Noble Eight-fold Path
We have called these eight musts for peace "a noble eightofright thinking, right action and right contemplation. Ith and action. Then, the situation we are confronted with is of moral standards and wide prevalence of corruption. So traditions of ancient religion and culture as well as
"We shall hawe to mobilisë
all our resources, resources of people, masses of people on both sic manipulated and used by le for their own ends, but retaining despite the st a basic humanity and comp; we shall have to mobilise resources of true dharma, oftemple, kovil, church and renewed and integrated in the context of modernas for justice and liberation, acted outin understanding From "Tell the People th
Signatories: FU

Peace
utional Reform)
The attempt of leftist parties and progressive forces since the nineteenthirties and before to put forward an alternative path of development did not come to fruition, though there were important gains in many other ways. They were not able to obtainstate power because of the strength of the forces ranged against them. These forces were backed by the violence, hidden and indirect, of the structures of the State system as a whole, which was also shown from time in open, direct acts of violence, as for instance in the repression of certain legitimate strikes and demonstrations. It was this context of state terrorism that gave rise to the counter-terrorism of the JWP, as certain of the youth could see no other alternative.
In the case of the minorities, especially in the north-east but also in other parts of the country, the social and economic crisis was accentuated by the ethnic factor. In a deteriorating economic situation, competition was intensified and the minorities having less numbers, less bargaining power, suffered most. In the spheres of education, employment opportunities, land and language rights, the minorities were considerably disadvantaged. This is why the ethnic factor is an extremely important dimension in the conflict. Attempts to gain their rights through substantially peaceful means such as satyagraha and civil disobedience campaigns met with violent repressive action from the state and so failed. This was the context in which Tamil militants took to arms. Once again it was state terrorism that gave rise to the ter Torism of the militants. So the terrorist dimension also came into the conflict,
fold path" because they emphasize the need for a combination as to be a "middle path" between extremes of thought ne of extreme violence, break-down of law and order, collapse the search for peace has to be nourished by the best by the best traditions of modern secular philosophies:
Ք8,
ders
esses and strains Lssion,
IIlԱՑվlle,
irations
Lind lowe”. 2 Truth" A Collective Appeal
LLSTNEXT ISSUE

Page 14
LEADERSHIP
Need of the hour
The prime need of the hour is for farsighted leadership. Not just one leader, though one leader may play a major role. In South Africa, the Situation of WiolenCE in ethnic conflict was probably Worse than anywhere else. The need of the hour produced Nelson Mandela. But that would not have been enough. On the other side there Was F.W. De Klerk. Ir Sri Lanka, there are Several poWer-Centres, both Secular and religious, involved in the conflict. Let uS hope that the desperate Situatiопthepeopleareiпапdthe desperate need for peace will bring forth leaders on all sides Who Will respond positively to the need of the hour.
2 THE MAJOR PARTIES MUST AGREE
National Perspective
The UNP and the SLFP must agree om the peace settlement.S.W.R.D. Bandaranalke of the SLFP in 1957 and Dudley Senanayake of the UNP in 1965 put forWard basically similar plans for devolution and autonomy within a unitary state and a united Sri Lanka, which were accepted by the minorities. On both occasions they were forced to Withdraw ther because the main opposition party at the time opposed it for reasons of political expediency. So the conflict has dragged on. We must BaIT Du B55015 from that. Ne do not Wanta repetition of that folly. Now both parties have almost equal representation in Parliament. It will not be sufficient to rely on the Tamil minority Wotes to achieve a settlement. Both major parties must agree. What is needed now is substantially the Sarine as both Bandaranaike and Senanayake proposed. The vast majority of the people of Sri Lanka will support this, if it is properly explained to them. If the leadership of both parties stand firm together, the small minority of extremists on both sides will be powerless to obstruct a settlement.
What is needed is not a national government but that all parties and groups should wlew the ethnic question from a national perspective. No party should seek partisan political advantage in the Search for peace. The quality of leadership of the President or
12
PrirIE Minister Will be ability tomobilise a CO and a collectives There must be area to make concessions benefits. Different cc and sectors can pres nctiWeidentiti CS ad
Work for their OWIld political goals and y make real sacrifices, the present, in order seemingly endless sla ction and enable prog opment and peace.
3 ASSURANC MAJO
Essential inheritanc
No peace Settleme the Sinhala Tiajority So the Sinhala majo| red that the essenti Lankan society, the nce of religion, lang safeguarded throug mot di Luted Or din II rved and developed
For LiS there musi in the (COStitutio foi gion, as at present. T nist position. This is tion of a long, histori ction of Buddhist W is cha uwinistis to strE stressing in practice the place due to ot Memorandum orm P the need to resistic
* Chapter II Buddhism. 9.T shall give to Buddhism t accordingly it shall be tht protect and foster tha Budk ring to all religions the rig 10 and 14(1)(a).
Article 10. Ewgry person i thought, conscience ar. freedom to have or to a Ofhis Choic9.
Article 14 (1) (e). Ewery freedom, either by himse others, and either in public his religion orbelief in Wor: C0 ardt Baching.
GOSLLO O DO bolic of Sri Laka. 1978.

See it is or her Ilective leadership olution for peace. diness or all sides as well as receive 2mmunities, parties BrWetheir OWT) distireserve the right to Ing-term Social and ''et be prepared to and COCESSOr1S in to put a stop to the aughter and destruress towards deve
CETOTHE RITY
е
rt Will be effective if does not support it. rity has to be assuall character of Sri CSS centiallihorita|uage and culture, h the centuries, is mished but prese
: be a special place in the Buddhist relihis is nota Chau Wia realistic recognical, Special conneWith the State. Wat SS this without also as Well as in theory her religions. This eace clearly sees auvinism of what
hgRepLublic of Sri Larıka. he foremost place and Ie duty of the State to ha Sasama, While aSSLhis granted by Articles
Sentitled freed of religion including the dopt a religion or belief
citizen is entitled to the If Crir BASSOCliation with Orin privale, to manifest hip, observance, practi
ocratic Socialist Repu
ever kind and stands firmly for the rights of the minorities. But though the principle of equality is important, its application involves taking into account the social realities outlined below. And giving aspecial place to a large section of the people for a just reason does not run counter to the principle of equality of persons, as long as the due or equal rights of other indivduals in the country are respected. In fact, it is a part of respecting the due or equal rights of all individuals in the country.
It is said by those who oppose this that the Constitution Should be a SCL ular Org, as in India, and it should be absolutely neutral or religion. This is said to be a necessary part of the important Todern, Secular principles or values of equality and non-discrimination. It is also questioned why there should be a need for a majority to hawe any special safeguards in the Constitution.
With regard to the Indian model, it was, of course, a secular constitution but its attitude to religion could not be said to be absolutely neutral, and the attitude of one of its protagonists, Jawaharlal Nehru, COLuld not, by any means, be Said to hawe been exclusively Secular. It recognized the importance of religion and emphasiZed freedom to practice one's religion. However, the continuing religious conflicts in India are an indication that a Secular constitution did not meet India's need and that a more positive recognition of the role of religion was needed.
So it is essential that in Sri Lanka both religious and secular principles and values are positively enshrined in the constitution. Outworn concepts and superstitions should, undoubtedly, be shed but the constitution should not only be based on the best Todern egalitarian and libertarian principles and values but it should be firmly grounded in the true, national, indigenous religious and cultural traditions of the country.
Signs of Oppression
With regard to the questioning of the need for a majority to have special safeguards in the Constitution, it must be pointed out that the Buddhist religion and the Sinhala language Were not only sewerely oppressed for centuries under imperial rule. Independence has not brought Substantial relief. There are still marked signs of oppression. One striking instance of this may be mentioned here, Ewen undera Sinhala majority dominated Gove

Page 15
rnment, Sinhala youth in the South Were decimated in two uprisings in 1971 and 1987. So the development of the Sinhala masses in the South cannot be taken for granted just because they are a majority.
The truth of the matter is that it is only an elite minority in all three communities. Sinhala, Tamil and Muslim, that enjoy special privileges and advantages. The masses of all three communities, despite Certain advances since adult suffrage, and despite a certain national revival, have been basically underprivileged and deprived and the youth of all three communities have been specially under-privileged and depriwed.
So it is not unreasonable or unfair that Buddhism be given a special position in the Constitution. What is unreasonable and unfair is that there has been a small vociferous minority within the Sinhalamajority that has been advocating the case for the Sinhala majority in a belligerent manner, Without due sensitivity and Concern for the sufferings and needs of the minorities. And continuous undue pror Ilimence given to their views in Certain sections of the media has spread Wrong ideas fairly widely among the people and, on occasions, inflamed opinions to an inordinate extent, leading to violence and
Structior,
Desire for peace
But, by and large, the masses of the people are not war-mongers. They undergo suffering and are sensitive to the sufferings of others. They want p}8aC2 and a Teasonable settlement. Under-privileged and deprived people are, basically, ready to recognize the needs and rights of other under-privilegedanddeprived people. Further, the experiences of 1983, and even before that, and, especially the bitter experiences and disastrous effects of the War during the past ten years have taught people to mistrust chauvinistic leaders and they are no longer so susceptible to be manipulated by them. Some Tamil intellectuals have been heard to say that the Sinhala masses no longer attack the Tamils because they are afraid of Tiger reprisals. We don't think that such views are held by Tamils as a whole. They are an unworthy slander on Ordinary people, whether Sinhala or Tamil. They show an abysmal ignorance of the strength and depth of character of the Sinhala people. In Our WSFSL house-to house peace Walkin the Sinhala village of Divuldamana
on the Sinhala Sid Trini Comalee Etoord Thoppigala Tiger C peasant families, been killed or Tait that no politician F families Wereablett of War and peace bitterness or ranco revenge. They ask bothsides Corneto, S001 as possible, their fields in peace Tamils, Who had Suf TlStances on the ot We found the sat desire for peace.
So the minorities their due place. N Concession but as right. The minorities true situation of ther rity must recognizet rninorities, THE ITU It is only when mut fair constitutional be made and peac էյlք,
ASSURANI
MINO
Just Rights
The Tinorities Illus due place, their jus (COStitutio ard in Lanka, Their identil language and culture place and just rights.
Misunderstandings
There are certain Current about their Sections of the Sirih that the idea that Tart just rights is a fiction. they point out that share in education, bu yment in public ser, ssions, etc., far Out o numbers. This was extent, because of th Cofidivide and rulea an ssionary educational E endence, there has nation and the prop drastically reduced, it below due proportior doubt, certain Tamils

2 of the Polonnaruwaar, Within sight of the arTip, We Cartle across lembers of which had ed. They were homes had ever wisted. The discuss the problems
With US without any Jr. They did notaskfor ed that the leaders of a peace settlement as S0 that they can work I. In Our dialogue with fered indifferent circuher side of the border, e attitude, the same
too, must be given lot, of course, as a a clear, unequivocal S must recognize the majority and the majohe true situation of the tual trust Can bebuilt. ual trust is built that
arrangements can ce becomes Worka
CETOTHE
RTIES
be assured of their t rights both in the LCtLJal practice in Sri ies, their religious, iTust have their due
misunderstandings rities among certain la people. It is said ils do not have their As evidence of this Tamils hawe had a siness, land, emploice, diplomatic mif proportion to their true, to a certain Ie imperialist policy d Concentrated miaffort but, after IndeDeen clear discrimibrtions have been Certain areas for S. Ewen now, no i are in privileged
positions but as it has been already polnted out it is the elite minority in all three communities that have special privileges and advantages and the masses of all three communities are basically unde rporivileged and deprived. And, it must be added, that the minorities by the fact of being minorities and thus having less bargainlпgpowerareeven more underpriwileged and deprived.
Then it is said that the Tamils can live freely and own land anywhere in the country but the Sinhala people cannot live or own land in the North. But this is true only to a Very limited extent, Large numbers of Tamils are displaced and live as refugees in the North and East, in the rest of the country and in foreign countries. Many of them hawe to undergo extreme hardship. In the North, Ordinary citizens live under hard conditions of War. In the East, it is a condition between War and peace. Even in the South, large numbers of Tamils, especially the youth, live in conditions of great insecurity and папу of them are subject to harassment in police operations of cordon and search, Ett:.
The Sinhala people were able to live freely in the North and it was POSSIble for them to continue to live in the North even as late as towards the end of 1984. The Thesawalarnai Law is COmmonly misumderstood to preclude ownership of land in the North, But this is not so. It is a personal law which has a bearing on a restricted aspect of civil law. There were Sinhala people who lived and owned land in the North. But the escalation of the conflict over a period of time as a result of the basic problems not being solved led to a situation where it was no longer possible for Sinhala people to live in the North. Successive Sinhala-dominated Governments must be held responsible for this. There were basic discriminatory legislatiwe enactments and actions such as the 1948 and 1949 Citizenship and Election Amendent Acts (disenfranchising UP-COuntry Tamils), the 1956 Official La
guage (Sinhala only) Act, abrogation of the pacts with the Tamils of 1357 and 1965, the adoption of media-wise standardisation and the district quota system in University admissions in 1971 and 1974, the 1972 and 1978 Constitutions which omitted Special legal safeguards that were in the Constitution of 1948 and accorded a special place to Buddhism without a due recognition of minority rights in practice. Attempts by the Tamils to protest against
13

Page 16
such discrimination by satyagraha and civil disobedience campaigns were met by violent repression. There were repressive measures and pogroms (attacks) against the Tamils in 1956, 1958, 1961, 1966, 1972 - 1977 (Tamil areas in the NorthEastplaced under military rule leading to arbitrary arrests, detentions without trial and harassment of the civilian population), 1974, 1977, 1979 and 1983. In the face of these continuous onslaughts the nonviolent satyagraha option failed. The younger elements took over and violent militant action was adopted. State terrorisnin was met by the terrorism of the militants. A state of War resulted. Terrorist cannot be condoned, whichever side indulges in it. Looking back, it is possible to see adoption of Wrong strategy and methods at various points on both sides, but successive Governments have to accept primary responsibility for the continuing conflict.
Further, the majority community, on the whole, have had little understanding of or hawe closed their eyes to the desperate plight of the people living in a state of War in the North. Normal civilised life is severely disrupted. The transport system completely paralyzed. Telephones have not been operating for overeight:years. There has been no electricity for over four years, Food and medicines have been extremely scarce and prices have risen several-fold. At one time a reliable official source disclosed that Jaffna was getting only 1/3 of its essential food reeds. For Some Considerable time noW ower 40 essential iter TS of Various kinds, such as kerosene, matches, torch batteries, hawe been baned. Worst of all is the fear under which people live. There is no real government there. The people are alienated and neglected. But, nevertheless, ofcourse, life has gone on. Stories of heroic responses in many varied ways, which have enabled the people to survive, Will one day be told. Now, the Government, after the Election, has begun to make positive moves for peace and there is much hope.
It has been necessary to put down the abowe facts in Some detail in Orderto clear certain common misconceptions and Take it possible to show what is involved in giving Tamils their due place and just rights. It is also said that whatever rights the Tamils may have lacked in the past, certain concessions in the recent past have set it right. Tamil has been made a national language. Clшоtas andрегсепtages are said to have been Worked out for university admissions and jobs. There are
4.
special department affairs. All that is TE to stop and every HOWe Werthis Cann cient remedy. Impl and concessions Sonable expecta Hand-outs from th the minorities wi Tamils must hawe i cture that will a CCC spect and be effe mmunity will nee. viable unit of dev itself. It should be within co-existent ndence. The Sinhal; rħities Tmu St be reali The history of the decades since Indep that a rigid unitary : mmodate the just di people. Atiminense Tamils have fought separate existence History Cannot be tu nnot be expected to have gained that is achievement of sep strong bargaining pc fit in Once moré to a With hand-outs to the of the majority.
On the other han urderstand that Sri L ntry very different to Where division took cannot expect the Si sent to its dismeb realities of the Indiar also stand in the W neither Tallil nor Si gain by the division of but on the contrary's united.
Fears that de wol division or separatio The reality that hastic is a very consideral now because of the deWolution in a spirit can restore peace a
Creative Alternativ
There is a dead-l of devolution in the it be merger or d needed is a creativ perspective, a new achieve a break-th of a unit In the mort’

for Hindu and Islam :essary is for the war hing will be alright. xt be said to be suffimentation of rights ags far behind reaІопs and пеeds. Sinhala majority to not suffice. The system and a strurd With their self-retive. The Tamil coa contiguous and olution to develop In autonomous unit 'e and inter-depeand Muslim continustic and accept this. last four and a half |endence has ShÓW ystern Cannot accoThands of the Tamil Cost and sacrifice the for their right to a with self-respect. rned back. They caenounce all that they a certain de, facto saration and a fairly isition, and passively rigid unitary system, a minorities at the Will
d, the Tamits should anka is a small COLUthe case of India,
place. The Tamils nhala peopleto conarment, Geo-political Subcontinent Would ay of this. Further, nhala people would such a small country and to gain by being
tion would lead to are unreasonable. be faced is that there ble de-facto division War and only a fair futual confidence Idunity.
ck on the question north-east. Should merger? What is alternative, a new approach that can oLugh. The concepot east and not of the
north-east, with negotiation as to its size and boundaries and other problems invoved, could point the Way forward.
Special provision would hawe to be made for the Sinhala and Muslim communities to ensure their rights. Zonal Councils (sub-units) within the unit of devolution could be set up. Fears have been expressed that the minorities in this unit would be oppressed and that this would be a Continuing Sore in the body politic. But just as minority Tamils and Muslims have to be assured of their rights in the south so Sinhala and Muslims can be assured of their rights in the north-east. Mutual confidence and a spirit of give and take can be built that Wil||make possible a reasonable settlement which is acceptable to all parties. The presentapproach of the Gоvernment which is making certain peace moves step by step seems to be the right approach. It will not be easy, but if there is the political Will on both sides, real progress can be made.
The present demarcation of provincial boundaries is a British legacy and therefore out-dated. This would be an opportunity for a fresh demarcation of boundaries which would enable a more equitable and realistic distribution of Coast-line, Water and other resources, as well as taking into account the ethnic factor. The number of units could be reduced from nine to five to ensure greater viability of the units. Certain areas in the East, where Tamils predominate, could be included in the re-demarcated north-east unit and areas Where the Sinhala people predominate (Amparal) could be included in One or more of the other units. The needs of the Plantation Community must be considered too and, may be, a special Zonal Council (sub-unit) designed for them. It must be emphasized here that devolution of power is intended for the development of all the peoples of this country both in the north-eastandin the south, the majority as well as the minority communities.
Eelam
A Word rrlay be said here about what is referred to as the "Traditional homeland of the Tamils or Eelam" and the question of "Self-determination'. This is sometimes discussed in the abstract and exaggerated figures are quoted, resulting in unnecessary controversy. No doubt, the Tamils should have the right of determining their own future but in so far as that relates to matters that concern both the Sinhala and Tamil peoples, especially with regard to

Page 17
the question of land, it would be fair to both sides to decide on such matters by negotiation. All could accept that, whatever the position in certain periods of history, in the perspective of the history of Sri Lanka taken as a whole, Sri Lanka belongs to all the peoples who inhabit it. What the Tamil people need, as pointed out earlier, is a contiguous and viable unit of devolution to develop themselves. This will inWolve a reasonable extent of land, which could be negotiated with the Sinhala people, Within co-existence and interdependence. Sothere need notbe any controWersy ower "traditional homelands" or "Eelam" or "Self-determination".
Peace Proposals
Whathas been Said Under 3. Assurance to the Majority and 4. Assurance to the Minorities is summarized in the following extract from the Peace Proposals of the World Solidarity Forum for Justice and Peace in Sri Lanka, Sri Lanka Group (WSFISL):
"All parties and groups andall the peoples in this country Support reasonable and effective devolution of power and autonomy, With co-existence and mutual interdependence, which Will:
(a) Preserve the unity, sovereignty and territorial integrity of Sri Lanka.
(b) Enable revision of the Sri Lankan Constitution to make devolution of power and autonomy central features of it.
(c) Recognize the democratic and pluralistic character of Sri Lankan Society and enshrine Core values, both religious and Secular, in the Constitution. The Constitution should hawe a Bill of Rights that is justiciable.
(d) Meet the basic demand of the Tamils for a contiguous and viable unit of devolution in the North-East, With negotiation as to its size and other problems involved.
(e) Assure the Sinhala people that the essential character of Sri Lankan Society, the essential inheritance of religion and culture, safeguarded through the centuries, is not diluted or diminished, but preserved and developed.
(f) Assure the Muslims that their rights Will be protected in whatever part of ... the country they reside. Such assurance may İnclude Special provision
SLJIch as a Zola of developme The Test of the need to take r cent catastrop SliTS il thB NI
(g) Assure Sinha also of their ri of the country include spect Zorlal Counci Wolution in the
(h) MakEl clear til
disadvantage dirii Lutičim but greater richne sity".
Models for COSti
As regards the Which Would elab of power, there app tiWES.
1. A Unitary Con arrangements f of power roreg of the 1987 acceptable to t Unitary Constit the most likely sovereignty ап. Sri Lanka, Whic: anxious to pres
2. A FEECO
Tost CharCE Til Orities, be-Ci Cept of devoluti to a Federal C What the Tiori
It is Worth rimeriti the Tamils put forw: ralism, their leader gaпп, пафe a (1.6.1960). The fol from this:
"What the Fédér: to under federalis State. So the Fė full solidarity, f. among the Sinhal people."
"What the Fédéré reasonable portic homeland be give king people. And purpose of educa Wernment, and dE

Council within the unit it in the North-East. peoples of this country more seriously the renic suffering of the Muirth and East.
la and Tamil people ghts in whatever part they reside. This may al provision such as S Within the Unit Ofde
North-East.
at plurality is not a that leads to dilution or an asset that leads to SS and unity in diver
tLItIDTII Rifor
type of constitutions e effective devolution earsto be two alterna
stitution, with special or effective devolution ional units on the lines Odel, Would be most ne majority because a tion would seem to be
to ensure the unity, d territorial integrity of th the majority is most 9We.
1Stitution Would hawe of acceptance by the a LSe the Whole con on of powerisintegral institution and that is ties need Tost.
ning here that When ard their plan for fede, S.J.W. Chelwanaya
notable statement Owing are 2 extracts
al Party looks forward I'm is a United Lankan deral Party hopes for allowship and unity а апdTamilspeaking
il Party says is that a in of their traditional in to the Tamil-speaeven in this only for tion, health, local go2Velopment, irrigation
etc. which are important for these ārā5."
That was the Federal Party plan. The Wision was a United Sri Lanka. But racist elements among the Sinhala leadership and Certa ir powerful Sections of the mationalpresspersistedincontinuallybranding it as a demand for division and separation. Sono progress couldbe made towards peace and the Word federalism came to be looked upon as a dirty word among many. Sinhala people. But in many countries of the World, both large and small, it has been found to be a good form of government, especially useful solving the problems of minorities within a united state.
Whetherit Shouldbe a United or Federal Constitution should be the subject of negotiation between the Goverrent and the minorities. Will the minorities appreciate the practical dificulty of the Gowernment in adopting a Federal Constitution because of the strength of racist presidice апd propaganda аппопg certain sections of the Sinhala people and agree to accept a Unitary Constitution, which assures then the reality of devolution of power? ls the Government sure enough of the Support of reasonable and moderate opinion among the generality of the Sinhala peopleto agree to adopta Federal Constitution? These will be the issues at stake.
Whatever the type of constitution, it is assential that there should be substantial supportfrom parties and groups and peoples in this country for reasonable and effective devolution of power and autonomy, with co-existence and mutual interdependence. 1987 and all efforts before that Were nowhere near adequate. There must be the reality of devolution of power to the Unit in the north-east, as Well as to other regional units which would enable autonomous developrent of resources.
The effectiveness of devolution of power as well as the preservation of the unity, sovereignty and territorial integrity of Sri Lanka would depend on a Well thought-out division of power between the Central Government and the Unit in the North-East as well as the other Regional Units, that is, devolution of power to the Units and reservation of powers with the Central Government. This also would have to be subject to negotiation. Subjects such as Trincomalee Port and Land Settlement Would need specialnegotiation,
To be Continued)
15

Page 18

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Page 19
FACISM
The law and racism: the
Laksiri Jaya,Suriya
LCMMML LLLLLL aaT LMLCCS CCLC LLLLLLLLMLSS CLL LLLLCL LLLLLLeOOL0LS LLaL
introduction - an Overview of "race' and racism
Racism in Australian society is not something new and surprising. For a variety of historical and socio-political reasons it has existed from the earliest days of colonisation, and there hawe been a variety of Strategies tried over the years to deal With racism as a social problem. One strategy most frequently resorted to, especially in recent years, has been to use the law as a means of combating racism. Before considering the questions of law and racism, we need first to clarify what We meam by the tem racism.
Definitions of racism abound, some are helpful, and others less so. "Race" and Racism are in short highly contested issues. What the term "race' does is to providea unit of classification for categorising the World's population in terms of inheritable characteristics (e.g., physical features, descent, blood type etc.) and these in turn are presumed to determine human abilities and other aspects of group Culture. These accord with the popular View that human beings are separable into racial types which are permanent and enduring, and that human abilities are determined by 'race'.
The conceptoforaceitself hasundergone many changes in Scientific theorizing and the current state of informed opinion is best expressed in a UNESCO stateTient (quoted in Jayasuriya 1991). This statement is quite critical of attaching too great a biological meaning to the concept mainly because the difference in genetic structures within a population group are as greater or even greater than those between two population groups. Therefore, whatever the differences observed, the science of human biology affords little justification for establishing a hierarchy
betwee indiwidual since ro group po genetic inheritance
Wirt til UNES
to assert the basic manity. So What We that "Trace" like ethnic Ction"Which subsur resulting Social prac attitudes, prejudice Criteria for inclusior Society. Consequer racial ideologies; ir it in, in the popula COnStrLIČtiOľh IS ba which the "Other rding to Miles (198 CeSS of "racial" Ca distinct Cultural or el lly Categorised by phenotypically diffe earliest days in Al Humphrey McCue came to mean any group which Wasp. Taller. As a result, a German "race', an ltic race' (!) dependi politics of the speak
WhatEWEritis, Ur ter, the distinctive an ideology lies in inequalities: the view Superior/inferior in ordering. To be mс doctrine of racism d gľOLJOS that are eS. Social and historical Cal or pose Ludo biolc rthermore, racism as negatively evaluate deterministic marri grOps that abilitle: features are deter

Australian experience
wan University)
or population groups, ssesses a consistent
CO statement does is biological unity of huend up with is the view ityis a 'social construles a set of beliefs and tices such as negative 2, discritination and exclusion in a given ntly, What We hawe are short, as Miles puts ir consciousness this sically a process by s Constructed. ACCO2), racism is the 'protegorisation, whereby chnic groups are racia
being presented as rent". Thus, from the ustralia, according to in the notion of "race' cultural or linguistic pularly labelled in this
We had an Irish "race', Id even an "Anglo-Ceng on the location and KÉT.
however We use the feature of racism as
the notion of racial W that SOmera Cesare terms of a hierarchic reprecise, What the OeS is to Characterise sentially the result of processes as biologiIgical groupings. Fuan ideology ascribes d characteristics in a 2r to these biological s and other cultural ined by "race'. These
perceptions as inaccurate and derogatory stereotypes have an effect on our beha: viour and the way in which we view the World; and the net result of this is that We engage in advocating or espousing racist belief and indulge in racist behaviour such as: incitement to hostility and hatred on account of one's "race'. In other Words it leads to a racials. Which advocates the dogma that some "races' Will always be inferior/superior for biological or pseudo biological reasons.
Sometimes the term "vulgar racism' is used to characterise these extreme forms of racism, involving the dissemination of violent propaganda With a view to inciting racial hatred and violence (Radis). It is these public acts of racist, such as racial harassent, Wilification and violence, that
I have been matters of public concern in
several countries as warranting social interventions at various levels e.g., preventative strategies, protection of victims and imposition of sanctions against perpetrators of Wiolence and discrimination.
It may be asked why racism in whatever form it is manifest, e.g. as racial vilification or "hate speech' and in incitement to racial hatred is Considered to be an issue of Social and legal concern. An obvious and direct answer is that in a free and democratic society which guarantees basic individual rights and freedoms one needs to invoke the protection of the law to safeguard the inherent dignity of the human person as well to maintain public order. In this regard, one could argue against the need for special legislation or 'dedicated legislation' covering racial hatred or group hostility by Subsurning these kinds of coinduct under existing laws such as the law of defamation or laW of Sedition, blasphemy, assault, spreading falsehood etc. However, as Melinda Jones (1993)
7ך

Page 20
explains, these strategies which endeaWOur to use existing laws or to bolster existing laws, are fraught with difficulty. For instance, in the case of invoking a charge of seditious libel Taking racial wilification a punishable criminal offence, one reeds to be able to show that the offensive language or utterance was "calculated to promote public disorder'. Another possibility is to extend the law relating to defamation to cover groups; but this becomes problematic because it inwolwes invoking some notion of "group rights' to Cover defamation of an individual as a member of a group.
While these legal strategies, whether through the criminal or civil law, are still available, significant developments in international law-such as the enactment of international conventions relating to human rights and the Wide community acceptance of the values and principles of a multicultural Society, such as equality of respect, tolerance and understanding, hawe led to the introduction of "dedicated legislation' dealing with racial discrimination harassment and violence as aspecial category of law. As the recent Human rights and Equal Opportunity Commission (HREOC) Report on Racist Violence (1993) points out, existing common law remedies "do not provide a definite enough remedy for the harm caused by Words and actions of a racist nature' (p. 278). Hence the need for "dedicated legislation".
This paper examines the Way in which Australian society has responded with legislative safeguards to deal With the harmful manifestations of racism such as disharmony, hatred, conflict discrimination and in its extreme, forms of racial violence. In the first part, the paper considers Federal and State basedilegislation up to 1990; the second part reviews briefly SoTB Tore recent initiatives, and Comhcludes with an overview of the role of the law in dealing with racism.
Federal legislation relating to racism
The Facia DSCF77 alor") AC of 7975
The history of the Australian experience in dealing with racism as a social issue
18
and amatter of public a long way but its r mainly from the time of the Racial Discrint (RD Act). This was that Australia Was as rnational Conventic tion of AI FOTITS of tion in 1975 (CERD) treaty obligations We book the Racial Discri - a landmark piece ( tion. This Act Which W a seminal influence C and political life was governments.
Thus, state Gower cted to bring their law conformity with this A lia's COTITitT1ght to T tional treaty obligatio sfying this Conventio cast upon the Cort rent to ensure that t Act were implement country and this task w Human Rights Cc (19481-1986). Curre amendment to the R are performed by ther Rights and Equal O ssion (HREOC) which |rլ 19B6.
Ever since the pas: (1975) there has beer considerable degree C reluctance of Federa Tents to act on the ir Citement to facial hal of racial groups. Much We know it today, has RD Act, as passed in to Several amendña its successful passa ment. Thestrong opp the Liberal/National F Ses Of the Draft Racie in 1973, Wiz Clatus 2 With ImCiteTB tard th nation) Was a key el debate surrounding tr tion legislation. Event led to the Australian G a Teservation o Artic

concern goes back -cent history dates of the introduction nation Act in 1975
sequal to the fact gratory to the Intefor the EliminaRacial Discritinain fulfilment of our laced on the statute nination Act of 1975 f Australian legislaas destimed to hawe Australia's Social also binding on all
intents were expesand practices into tas part of Austrateetings its internaПs, In fact, in satian obligation was TOTYWealth GOWhe provisions of this ed throughout the was entrusted to the mmission (HRC) ntly, following an } act in 1980, these estructured Human pportunity Commireplaced the HRC
sage of the RD Act in inforted circles foncern about the and State govespecific issues of red and defamation of the difficulty, as arisen because the 1975, was subject its in order to gain ge through Parliasition expressed by arties to two ClauDiscrimination Bill & 29 (one dealing : other with dissemiment if the 1975 e racial discriminaally, this opposition ywernmententering a 4 (a) of CERD.
This Article, i.e. Article 4(a), states that the dissemination of ideas based on racial superiority, hatred or incitement to racial hatred, as well as all acts of racial violence or incitement to racial hatred are offences punishable by law. In other words, these provisions pertain to offences relating to racial Wilification (hate speech) and incitement to racial hatred. Australia opted to delete the provisions of this Article from the provisions of the Racial Discrimination Act, preferring instead to deal with these acts (e.g. unlawful dissemination of "race' - hate material) simply as civil Wrongs, which are subject to conciliation. At the same time, Australia agreed that it would consider enacting suitable legislation at "the first suitable moment'. (This moment may have arrived after nearly two decades!).
In an early review of the operation of RD Act of 1975, Trlin observed 'that the lost serious defect of the Act is the absence of provisions to deal with the publication and dissemination of racist material and ideas. Nor does the Act include the provisions prohibiting discrimination by private voluntary associations on the use of derogatory terms'. The opposition to Article 4(a) of the International Convention was largely on grounds of the need to uphold the priority of the right to free speech as against other competing claims; any restriction on this right, and right to freedom of expression, has been a recurring theme in the continuing opposition to this particular provision.
Whilst other Countries have established laws to deal with the dissemination, or the purveying, of race hatred in official circles, Australia has tended until very recently to reject any such move on the civil libertarian grounds of not wanting to interfere with the sacrosanct right to freedom of speech and expression. In this debate the right of individuals (the victims of racism) and groups to freedom from discrimination and facist ab Use are often i Owerlooked. But, even if we were to agree that such a law was needed, there remain SOThe complex issues of principle that need to be examined before embarking on a practical model of legal intervention.

Page 21
Ace Radio Cab
Computerised meters " Can be summoned to v. " No call up charge within city limits." Vehicle a ' ' Receipts issued on request Company credit av
Call EU1502, ED1E03 0
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Another Aitken Spenc
 

DLT doOrtsteO
ccess from selected stands Hilable

Page 22
ARTS
Satyajit Ray has earned ir
as a fiction Writer
Jerry Pinto
The raw Tasera of the crierra is life itself. It is incredible that a country which has inspired so much painting and poetry SoL Madfai formowe the fir 7 maker. Hegas only to keep his eyes open, and his ears. Lethim doso" – Satya/f Fay In 1948.
Ray took his own advice, kept his eyes and ears open to the sounds and sights of rural Bengal and made Patter Panchali, a film that defies description. We revere him for the Apu trilogy, for Jalsaghar for Charulata, for Aranyer Din Ratri It's likely that We read him for those reasons of
Weece too.
That's not to say that Ray was a bad Writer. Om cinemahe could Write perceptively, and Our Films, Their Films (Orient Longman, reissued in 1992) is still an irportant book. His fiction is another matter altogether.
It's a pity that he didn't finish My Years Wrth Aplu (Wiking), his posthumously published Work. In her introduction-cum-apologia his wife Bijoya Ray says that the final draft Was Stoler Wher har husbard Was fighting for his life in a nursing home. So What We have here is a reWrite, Written frOn a draft that Consisted Of"Sentences, half-sentences, thoughts and ideas and incidents jotted down in such a hurry that many letters Were not even properly formedl"
Now that Satyajit Ray is no more, one Can't ever ask him to recocile the two Versions of his first day of filming. In Our Films Their Firs, he wrots, "The children behaved naturally which was a bit of luck because I hadrottested the Ti".
In My Years Wish Apu, hetellsa different story. In the first shot, Subir, the boy who plays Apu, had to Walk aimlessly through the field of kaash-pool, having lost sight of his sister Durga. All he could manage was "a stiff zombie-like walk". Finally, Ray hit upon the solution:
"I planted Anil, Bansi and Ashish at varying distances from each other. They Were asked to Call Out "Subir at certain
2O
intervals and Subir call by turning his hE came from, though Walk. Then I put tw irregular intervals for
Maybe Mrs Ray CC the contradiction. Or: Worked om het draft the essays on the already appeared i Frris it's not as to Very careful to prew instance, parts of Ext Diary hawe been use there, pertaining to Years With Apu mu: for the earlier book Statet:SfTOT th {
In Sorne Aspects Writes, "The trilogy W Which WaS Tade em nce to available acting most of the parts The WCOITiers". And le cally, Pathar Parc Thade now becaus longer there".
Twenty Stories (P. shed three years ag of Ray's fiction. His : O the Sub-ROald Da platted, with stereoty a surprise ending. B Supernatural are W. leave behind a pleas mingled with disbelie
As for the rest his satisfying. His detect imitation of Serloc darker shades pain percent solution for tooth. Feluda's comp Wewer, is an imporowe| He takes a better N is an adolescent; his as jarring as Watson'
The Advertures India), the first to be One could conjure up

nternational applause
WES to EBCttO EC had in the direction it never stopping his vigs on the path at him to step across".
Iuld hawe pointed out SOTIOmg Could hawe fleshing it out with trilogy which hawe n Our Firms, Their ugh she's been that епtany overlap For racs from a Bararas Id. The three essays the trilogy and My st be read together, Las some interesting Огасle ofТо!уgшпgв.
of My Craft, Ray as one Work of mine tirely Without refereTlaterial. As a result had to be filled by ter States CategoriTial Could lewer be a Chunibala is lo
enguin India), publio, Contains the best short stories belong hil schooll: obviously pical characters and ut hiS , Storie:S of the all-constructed, and Jrable frisson of fear f。
fiction is never very iwe Feluda is a poor Holmes, with the tėCd Out. NO SEwell
Felu, just a sweet Јапіоп, Торshe, homent On the original. Watson because he hero-Worship is not
S.
of Feluda (Penguin ranslated, Were fun. images from Sonar
Kela to complement the story Golden Fort but thereafter the stories Went downhill. The Emperor's Ring (Penguin India) suffered from terminal transparency. Any reasonably Sophisticated reader could see through the plots.
Similarly, Professor Shonku is indebted to another Conan Doyle creation, ProfeSSor Challenger. The Incredible Adventures of Professor Shonku (Penguin India) is the latest of Ray's stories to be published. In her introduction, the translator Surabhi Bannerjee says, "One is apt to compare Satyajit Ray's Professor Shonku With the science fiction of Jules Werne and H.G. Wells. As a school boy, Ray was fascinated by both. "Professor Shonku, the scientist-inventor, he himself writes. may be said to be a mildmannered wersion of Professor Challenger, where the love of adventure takes him to the remote Corners of the globe".
Unfortunately, Ms Bannerjee is not reaIlya wery skilful translator. "The deaf could get back his hearing and the blind his eyesight", she writes; and "He Was Wiricing in agony". Shonku hasn't been given a fair deal.
But armed with his Miracure-All, his Remembrane and his Annihilin, Shonku rides a time machine, chats with extraterrestrials, finds a Surterian kine Thatoscope, looks upon a Wonder animal, meets a primitive Tan, "homoafarensis, and injects him with evolution...It's impossible not to be charmed by the sheer naivete of the stories. It is equally impossible to take them seriously as science fiction, not after John Carnpbell, the chariSmatic editor of Astounding Science Fclor, shifted the emphasis from fiction to Science, Way back in the '20s. Not the slightest attention is paid to the principle of extrapolating from the known or the proven, but who cares?
Ray's fiction is the verbal equivalent of Einstein playing his violin which he did to Tewerential appolause. The Sairme kirild of reverence is needed if We are to believe that Ray's fiction as good fiction.

Page 23
-ا
Why there's so in this rustict
There islaughter and light banter amongst these Tural da T15 els who arg: bsy sorting aut tobacco leaf in a barn. It is one of the hundreds of such
barris spread out in the mid and upcountry intel IT ediate zone where the arable land remains allow during the off scascar,
Here, with careful nurturing, tobacco grows as a lucrative cash crop and the greer leaves turn to gold... to the Value of over Rs. 250 Irillion or more annually, for perhaps 143,000 rural folk.
 

ENRCHINGRURAL LIFESTYLE
und oflaughter obacco barn.
Tobacco is the industry that brings employment to the second highest number of people, And these people are the tobacco barn owners, the tobacco gradors Arnd hČse who work for them, om ilh lho drid in the bats.
For them, the tobacco leaf means meaningful work, El Comfortable: Life and a secura fuhuTE. A good
rough reason for laughter.
CeylonTobacco Co. Ltd.
Sharing and caring for OL ir land and her people.

Page 24
PEOPLE
Celebrating
(
Dynamid
In 1961 People's Bank ventured out in the
of Only 46... and a few hundred Customers
Today, just 33 years later
People ReSource exceeds 10,00
Customer Listings at a stagge
Branch Network in excess of 3.
in Sri Lanka
In just three decades People's Bank has g
in the Sri Lankan Banking scene. Their spec
resources at their Command dedicated
dedication that has earned them the title
PEOPLE'S BANK
Banker to the Millions

'S BANK
Three DeCadeS
)f
c Growth
challenging World of Banking With a staff
0
ring 5.5 Million
28, THE LARGEST
froWn to become a highly respected leader
ctacular growth is areflection of the massive to the service of the common man - a
"Banker to the Millions'