Page 1
O KUMLAR RUPES INGH
LANKA
նկA
Vol. 18 No. 9 September 15, 1995
P. A. : Runni
GALLE: Com
VEL LORE : T
P. A. PA || || BEYON
CENTRESTA.
ETHNIC CONFI o MUSLIMS

E: gUEST FORPEACE
- Vanessa Baird
S.10.00 Registered at GPO, Sri Lanka QD/33/NEWS/94
ng into Trouble
- Mervyn de Siswa
Imunal Violence.
— ar 7 independent ing Liry
he great escape
- Mirирата Sиbrататiат
ACKAGE
D INDIA
M. Aloe Si/va
rE RELATIONS
- Ramakrishna Hegde
– Rohan Edirisingha
LICT - RO72C772 еЈауаирardene
O RAVANA

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tSyOUF
 

t

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TRENDS
Floating bodies: more to be questioned
The Cririinal Investigation Department (CID) is contin Ling to диestion a large number of police STF (Special Task Force) persorrre following Presider Charīdrika Banadaranalike Kumaratunga's directive to investigate intensively the case of the floating bodies.
Twenty-one unidentified bodies, mostly of young Tales and believed to be Tamills, turned up floating in waferways ir 7 and arco LundColombo. Investigations led to the arrest and deterillion of eleven STF personnell.
Uproar at the bar meeting
A special meeting of the Bar Cauricilerdedir7 Luparoar WF7Eersor 77e lawyers attempted to push through a Tolion censoring Presider / Chandrika Banadaranalike KL mara funga Ett å fermark Fe Presidert Filad made during a TV interview, about the rulings of a Judge. The resolution against the President was moved by Desгтлогтd Ferrпалdo, seconded by HarT)antFha WarTTakulasLJriya.
The шproar erшpled whem a la Wyer supporting The reso/Lation reportedly threatened a lawyer opposing ії.
Free Media Movement unhappy over police raids
The Free Media Moveme/Tİ Flas called for an immediate half topolice Iritimidation of journalists. In a strongly Worded statement the FMM has condentired recent police raids оплеwspaper offices fo/Iowїпg the publication of reports crifical of the government. The government has alleged that the reports are distoгїed, шпІгше апd calculated Io bгїпg The gover777 er info disrep)Life.
BRIEFLY
Bishops app
The Catholic e ICB irii a Stater government's d for ending the Bishops said th:
|d tlatt Sol lay through a s devolution of po without harming the country. Th permanently he Conflict, they sai
"We believe. put forward by i due safeguards reignity of the st Way for a con: Concernedis po to Sowe this peacefully", the
Journalists
asked to di
Media Ministe na yake told a cɛ that journalists S to divulge their tiOm... THg, riminis journalist's que police question
dilir.
UNP: Noy
UNIP EFT ghe told a part of youth Supp. Causes for the seat last year. T a paucity of Sup ties, he said.
The party ha lm Step with ch: the Leader sai
Was
LSSPMP W: ra 5äidatas N | ration Semin: "hamding ower Companies is the intellectu. who protest a package donc this lational is

rovepackage
Bishops' Conferent Welcomed the volution package ffic Conflict. The it they had always tiom to the problerTi rong and effective Ver to the periphery the sovereignty of e proposals could the wounds of the 士
that the proposals Le government With O GTSUELE SOVEte, thus paving the sensus offer to al|| ssibly a last chance )ng rumning iSSLJe Bishops said.
should not be wulge Source
F. DETTE,Siri Seabinet press briefing should not be asked Sources of infor Tidter Was replyinga Elios about recErli ing of a newspaper
"outh support
RäTill Wickrer Tasiry meeting that lack rt Was QTE Of E UNP's election dehere had also been port from the minori
ld not changed itself anges in the Country, 士
LI WMS
sudewa NarayakkaMPETE COTITE TOas in Kandy that
Cur lands to forêign 3 SeriÇILIS mater, But ls and the Sangha gainst the devolution st speak a word about SLJE".
He warned that if the government did mot heed his party's views on the leasing of plantations to multinational companies he WGuld have to take sortle "drastic decisions". He did not spell out the nature of the drastic decisions.
Tender suspended
The Government has suspended the tender award for the USS 750 million (Rs 38.3 billion) Galle port development following the discoveryofirregularities.Thetenderfor the project expected to employ 80,000 people in the Southern Province had been awarded to Mott Macdoald and W. Atkins, a UK-China corsortium,
A freshaward of the tender Would be made to the bleider most ready to begin immediately in accordance with the feasibility study done by the Japan International Cooperation Agency (JICA), a Ports Ministry source said.
GUARDIAN
Wol. 18 No. 9 September 15, 1995
Price Rs. 10.00
Pլյէյlished furt nightly by Lanka Guardian Publishing Co. Ltd. No. 246, Union Place COOT - 2.
Editor: Mervyn de Silva Telephone, 447584
Printed by Ananda Press B25, Sir Ratnajothi Sarawa ma rTMLuttu Mawatha, Colombo 13. Telephone: 435975
CONTENTS
News Background THE WELCir" (GallE S This Velije Breakout 5
iši DEL li
Proposals 구 PryErs of LiG GJyerTET 11 Correspondence 14 Ell: 0
Fact and Fiction (3) 17
Kumar FLEsinghe

Page 4
NEWS BACKGROUND
PEOPLES ALLIANCE:
Mervyn de Silva
n an admirable statement, the Free
Media Movement (FMM) has reminded the Peoples Alliance that "journalists' SOUTCes of information Eire Confidential and may be revealed only in the most exceptional circumstances pertaining to the gravest of Crimes and usually on a decision of a Court of law. If a ministry is concenned about the leaking of information, the authorities must carry out an internal inquiry". Good advice indeed. But no takers, alas. Instead the C.I.D. grilled the Chief Editor of the SLAND, Mr. Gatlini Weerakoon and his colleague the DIWANA editor Mr. Upali Tennekoon.
Andall this by a P.A. administration, just One year old
Important as it is "sources of information" is not the issue that interests this political commentator but the knee-jerk reaction of a P.A. which campaigned in the streets on the issue of "press freedom"... And of a P.A. Presidency not yet one year old. Why the over-reaction?
Having lost its grip on the fast moving political situation, the P.A. finds a fall-guy, the press. When the message is unpleasant, kick the messenger.
There was no question about the legality of the action. The C.I.D. officers had a warrantissued by the Chief Magistrate's Court, The issue hoWewelriis not the legality of the official initiative but its intent, the political meaning of the move. The report Which caused all the trouble Was headliled GROUP MEETING ENDS IN UPROAR. Here is an excerpt from this frontpage lead story (69.95).
"The Parliamentary Group meeting held at the Presidential Secretariat on Monday afternoon ended in an uproar with a large number of government parliamentarians demanding the resignation of the entire cabinet in the Wake of what they termed the absolute inactivity of the government". (At this Writing, 129 the ISLAND has not published any official "correction" or rejoinder to its Sept. 6 report)
QUEUE QUESTION
It was the SUNDAYLEADER (Sept. 10) which reported in detail the "backbenchers" revolt".
"Two major problems today are the
cement queue and is a bad reflection which only helps the queue era. The foT Ce Tet at the problem, decentral said Mr. Ranatunga, gent Way out.
Another member comrades of a platf 50 jobs par constituÉ also promised teaci helmalarine (Noto filled, Would be a fai
Finally a letter (o leadership was draft taken, ColumnistSU (a) Boycott of group top braSS Was prese is unable to attend Tent, for reasons O meeting could be hé her Official residen month, (c) Boycott does not fulfil pledge mentary group.
BUSINESS CONFII
While the backben a frontal assault on the draft Workers attack by the Presid of Chambers of Cor (FCCISL). Mr. Patric Mr. Channa (GLInasis Ceylon Chamber Were conspicuous a mony when Labour Rajapakse presen Charter" to Preside Temple Trees'. A CCCand FCCISL pr dent Kumaratungat the recom lendator WOLuld fetard thig |Slar and adversely affec aim to create jobs.
The two organisat dy to cooperate with ONLY if Certain cha in the LabOLIr Ministi is Wrong with Empl why are the T.U.'s ( We are not against see any season to jus tion to Employees ( operated for 17 yea years, 1977-1994, S

MOUNTING DSORDER
the job queue. This on the government o remind people of eis a 1/2 mille queue BMC. If there is a se the distribution" suggesting an intelli
had reminded his rm pledge — at least ncy or MP. "We were her transfers. Ae kahe damn promise full
translation).
petition) to the P.A. ed, 3 de CİSİOTS Weere RANIMALA reported. meetings unless the ut (b) If the President eetings heldin Parliaf security, the group ld at Temple Trees' le, at l'east Once a of any Minister who is given to the parlia
O ENCE
chers Weremounting the F.A. leadership, Charter Was under at of the Federation mmerce and Industry k Amarasinghe, and ghe, Chairman of the if (CommesCE. Both Sentees at the cereMinister, Mr. Mahinda led the "Workers int Kumaratunga at etter signed by the 2sidents urged Presireconsider some of S Which their view d's economic growth
the P.A.'s declared
onsare certainly reathe government but ges are introduced r's "Carter", "What yees Councils and pposed to the idea? T.U.'s but We Carnot ify the T.U.'s opposiDUTCills Which hawe s or so...". (The 17 W three Presidents,
J.R. Jayawardena, R. Premadasa and D.B. Wijetunga, all UNP leaders).
President Chandrika, a left-leaning intellectual, if not an Orthodox Marxist, was "converted" by her advisers in 1993-94 tữ "firëE TTlärket ECCThQm[[:s' ārld "Stru{{tl|- ral adjustment", the IMF prescription. She became "market friendly" enough to address top business groups in 4-star hotels. She became the Candidate of the US-EU supported NGO network with the Colombo University's (ex-Marxist) econdmists, political scientists and social scientists more than ready to salute "the Stars and Stripes and pay pooja to the IMF and World Bank.
DEFENCE SPENDING
There Was Orne major obstacle despite the ready sacrifice of old ideals ('socialism' 'social justice' the relentless struggle against rapacious capitalism etc) and the opportunistic accommodation. With the |MF-World Bank. The war With the separatist Tamil Tigers' Again the approach was cold-bloodedly economic-defence spending, now well over a million dollars a day. Negotiate with the Tamils, from the respectably federal T. U.L.F. to the former, strongly pro-Indian, militant groups, and open a channel of Communication with the tough, often uncompromising, LTTE, if the LTTE is ready for dialogue, so much the better. If not, isolate the LTTE, persuade the anti-LT TE groups to cooperate politically, and in the field (anti-LTTE intelligence") and move quietly under the USIndian umbrella. With the Cornbined external support of the sole superpower and the regional Superpower (the two great der Tocracies) and the active liaison with anti-LTTE Tamil groups internally, the P. A.'s policy-makers and their foreaign tutors, had a full-proof grand strategy in Which the ultimate TOWE Was EELAM WAR 3, There Was Orle little Flaw in LFIS strategy - Velupillai Prabhakaran may mot ha WebEen a Car Tipus Whizz-kid like Prof. G.L.P., but he had read all the looks. All the books relevant to his particular line of Work, Tamil history - as expert D.P. Siwaram diSCUSSEd in his L.G. SerieS = and the art of war, conventional and uCOfWestional
And now he waits - the enemy approaches. To What extent Would India Cooperate? How would the Tamilnadu factor (Tamil opinion) affect Delhi's decisionmakers ?

Page 5
The Violence in G.
(Report of the Independent Inquiry Committee)
in the evening of 2 June 1995
twenty-eightshops in the city of Galle Were attacked and burned. Those shops targeted in the attacks, and the majority that Were destroyed in the fires, were Tartı|OWnedi. Crı 6 June 1995 the Irıtermational Centre for Ethnic Studies, research institute based in Colombo, sent an independent committee of inquiry headed by the Wenerable Baddegama Samitha Thera to Galle to investigate and report LaL aLLLL LLLLL LLLLaLa LLLLLL LLLLHHHHLLLLHLLS tions for subsequent action to be taker
Committee of Inquiry
Wen, Baddega Tha Samnitha
ara'וuחוLזIPIfigBrחbaחurםחE iaיחוחBarHEga
Kanya D. Champion Lawygг.
F. Cll Deparfrrarit of Sociology, York University, Torris, Carlä (sä:
LİSE) KÖİ5 University of Minnesofa School of Law, MirITEapolis, Minnesota, U.S.A.
D.S.S. Mayadunne
CLIFTässäTr7Cd Sir Fala Wriser and
SHIFTI PITS; Cenferfor Fefugio Sudes, York Liversity, FortLaaSLCCCCLLLLL CCLLCLLLCLL HCCLHH L HLLLCHHHHLH Courcil of Aggricles Servirg IIITigré775.
Terms of reference
The Committee of Inquiry traveled to Galle on 6 June 1995 and spent the day Visiting the sites of the attacks, meeting with officials, and taking with the affected parties. The Committee met with Neville Karlak Era tria, GowerTor of the Souther Prowice and Franklim Burke, S.P of Galle District. Il interwijleWS Carried ut at the Siwan Temple refugee camp and during subsequent follow-up work, the CommittĒē ir terwië Wedd a total of 16 diwidualS Who Were affected by the attacks. The Committee attempted to answer the folloWing questions:
LL S S LLLL S LL S LLLaLLLL S aaLLLLLL S LLLL
attempts were being made to attack LETTSG 1 GE|| ?
Why was no a infortation?
WWS tl i Wiri: Spontaneous?
o Wither the fir Sta C at 9:45 p.m. why to prevent furthe
Wastere an att the following ni ponsible for this
troduction
Galle, the capita Souther Provice, population of Sinhal and Burghers. Alth BuddhiSS FOTITETTE Siti ES ET TETTI Hrepresented within til
The Galla Harbo the Portugese dise first phase of Europe they proceeded to been an important to the British colonial aS Wel as the enti WETE CEtTES of Bı revivals.
The Galle district education rates. Tw Estial School a 5. Wel Buddhist schools, W response to the C OCated il Galle. Fu of Galle has produ CE leading figures in Co mic enterprises,
In the post-indepe has developedia libe typically been repre: legislature, by left-le
The Violence irl GE
Cn the evening approximately 8.3 shops and busines:

alle
Clion taker. O this
: planned or Was it
ts of arson took place " WAS TO Ctilor tikE racts of Violence?
ack On a Tamil hör The ght? Who was res
ttiki
| city of Sri Lanka's
is a city with mixed ese, Tamils, Muslims ough the Sinhalese jority, Sinhalese ChriHindus also are Well he city.
r is the site at Which Tibarked during the зап expansion before Colobo, Galle has Wrewer since. During period Galle, in itself, “e souther province uddhist ard national
has high literacy and O of the leading Chrias two distinguished Whic Were started in hristian schools, are territore, the district dSome of the island's Timercial and econo
2ndence period, Galle ral reputatior and has sented, in the national lanning politicians,
ille: June 2, 1995
of 2 June 1995, at p.m., twenty-eight 5 EStäblish TEt in the
city of Galle were attacked and burrned. Those business establishments targeted in the attacks, and the majority that were destroyed, Were Tamil owned. Seven nor-Tamil business establish Terts, five of which were Sinhalese and two of which Were Muslims, suffered darriage or destruction. When the fires spread to their shops. Subsequent to the attacks, twelve houses either owned or rented by Tamil Were targeted and damaged.
Prior to the outbreak of the fires, at approximately 5.00 p.m., a boy Who Works for Prasad Stores was attacked Wher he Went to retrieve something from the store. The attackers locked the boy in the shop. By 7.00 p.m., the boy managed to release himself and escape. Although the police were informed of the incident, no guards Were posted at the Tamil shops or homes.
From all accounts, it is clear that the police failed to adequately respond to both Warnings of impending attacks in Galle and the attacks themselves. Education Ministgr Richard Pathirana Was instrumental in eventually provoking a police response the night of the attacks. Despite his attempts, however, the police were unable to contain the fires when they did respond because of the well-organized nature of the attacks. According to official reports, the fires broke out at the same time on three different streets of the BaZaar. The fires could not be extinguished until the next moring when assistance was received from the Koggala free trade zone. Reportedly Mr. Pathirana remained on the Scene from 9.30 p.m. until 2.00a.m. and Was instrumental in limiting the dastage that occurred subsequent to the attacks on the original shops.
A Wan and three tri-shaws Were taken into custody soon after the attacks. The occupants of the vehicles, however, escaped. According to the Wictims, at least one tri-shaw was captured with Weapons. According to S, P. Burke, however there was nothing incriminating found in the Vehicles and thus they were released,

Page 6
Subsequent to the Galle attacks, three police officers were transferred out of Galle District. Although the transfers were linked to the attacks, one of the transferred officers reported that he was not, in fact, Working the night of the attack.
More than 400 people are currently residing in two refugee camps set up to receive those who have been displaced by the Violence. Security has been prowded for both camps. The refugee camps are, however, overcrowded and unsanitary. Although the government claims to be providing sufficient provisions for the people living in the refugee camps, people residing at the camps report that the government provisions are insufficient to feed them,
Since the attacks, the Government has publicly stated that it will compensate the individuals affected by the attack.
The events preceding the Wi:Collen Ceirin Galle?
On May 27, 1995, Werl, Matara Kithalagama Seelalankara Thera, popularly known as Dimbulagala Thera, Was assassinated. Ven. Dimbulagala Thera Worked with the government settlement programmes in the eastern province. Because he had been under threat by the LTTE for alongtime prior to his assassination, the government had been providing him. With security. Although originally from the southern province, Ven. Dimbulagala Thera had relocated to the east forty years ago. It is Widely believed that the Liberation Tigers of Tamil Eelam (LTTE) are responsible for the assassination, which came after the massacre, by the LTTE, of 42 Sinhalese willagers in Kallarawa. Subsequent to the resumption of hostillties betWeen the LT TE and the government of Sri Lanka, these two incidents triggered ethnic tension in the South.
The incidents in Galle are said to be linked to the funeral of Wen. Dimbulagala Thera. For several days after his assassination, the atmosphere in Galle Was
changed. In the days posters threatening in sew erali placeS. Ta med the police abo fearing for their safe tion. No such protes provided. On Friday, shop owners closed approximately 5,000 they were afraid tha: happen that night.
ACCOLIt Of Franklir
Galle District
Mr. Burke reporte Galle started at appr on the might of June shops had been b| Tamilis shops, 4 SinıF Muslim shops, as a r According to Mr. BL Galle Were Well Orga red. This he said, W all the fires, which streets, Were set at t
Mr. Bruke a dritted Un prepared for the al On June, 2. He said responded to rumors going to happer in C police believed that OCCJF for Jule 3 añ ingly. On the day of J Mr. Burke, the police mplaints lodged by investigating such c. the evening. However that the shopkeepers Special protection. H Sinhalese shopkee When the police gawi tection, alleging tha accepting bribes from
Mr. Burke Contend Vehicles Were Sert tc the attacks broke out. that the police could Wed. Wrthygl hile did ar friw, 9.45 p.m., most of the and very little could

receding the attack, e Tamils appeared nil Terchants inforut the posters and requested protection, however, Was Jume 2, all the Tari|| heir shops early, at 6.00 p.Th., because t something would
Burke, S.P.
that the attacks in 3xirnately 9.30, p.m. 2. He stated that 24 Jrned including 17 alese shops, and 3 esult of the attacks.
Irke, the attacks in
nized and Wellplanas evident because |cCurred On WäritoLIS
same time.
that the police were tacks that occurred that the police had that something was Galle. HOWEVėr, the such action Would di prepared accord une 2, aCCording to
did respond to coTamil shopkeepers, Implaints earlier in Mr. Burke admitted Were not given any Stated that SOThe pers Complained e Tamils such prothe ploice were Tamilshopkeepers.
ad that three police the Bazaar. When He stated, however, ť) a Ct until he arrire, at approximately fires Were a blaze be done. This Mr.
Burke Contended, was due to the fact that area targeted by the attack was quite large, with many tight places; that the attackers used both the front and back doors of shops, easily eluding the police.
To be Continued
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Page 7
The Vel Ore
Nirupama Subramanian
t first, it see Ted Tore like a tale spun out by the local rumour mill
than something true. Forty-three sus
pected LTTE militants detained at Wellore Fort since 1990 had dug a 153-ft-long tunnel, SWUT across a 50-ft-wide Toat, changed into dry clothes and got away. As if the security personnel at the detention Centre did not exist, as if the administration was not chastened by the Seven jailbreaks by LTTE detainees in the state in the past three years. All this may hawe Sounded too bad, but, sadly, it was all too
Luc.
A day after the breakout, on Independence Day, two of the escaped militants were challenged by plainclothes policemen at MambalarT in Madras. When Orle detainee consumed cyanide and died, the two policemen fled in panic. Gunaseelan, the second militant and reportedly the Tastermind behind the escape, Was hauled to a police station by an auto driver, only to be let off by the head constable on duty. This prompted charges that noney must have changed hands. So shocking Was the administration's flounidering Lihat thë rearrest of 11 of the detaires gave little cause for cheer. While reports Care in that four had reached Jaffna, senior officers claimed that checkposts had been reactivated at coastal points close to Sri Lanka's northern peninsula and that LTTE hideouts in Tamil Nadu Were being raided.
An embarrassed Chief Minister Jayalalitha rushed to New Delhi even as oppositiOMPS tuled the Batolleri Päriament for what they called the state Governments"umpalalable"version of the incident. A rattled state police, meanwhile, made clairls that sounded more like exCUSes and fuelled the outrage. However, Wher the Tamil Nadu GOWernment launched a damage-control exercise, it ended up further hurting its credibility, undermined as it was by several questions regarding its version of the escape. In fact, its central claim that the militants dug a tunnel has several glaring loopholes:
Break
Digging a 15 шnder the ground i ddle Tilā5 Tā гоопп pipes, each and one stee/plate
"Og foot a di Director-General o гапп. Whеп reportє site, they were sho points, but not the officers feel that the a dгаimage pipe lyi choked With Weeds reeded, therefore, di Strica to reach th the muck. This, they
THe detent is steeped in were confine The Scelift training scho trasfoTTT ed
In 1990, th refugeoisinth among them owed allegi Hir to camps in Fort and two
Right from the restricti іп January 1 started a ric Lüburn him the authorit and Haider te move free they would
II Nowell Consequent up in order militants, p.

OUt
f-long funnel 70 ft
a difficult task. How lage it with twa bahJarely two-feet song,
y," says Additional Police Walter Dewa's Were taken to the wn the entry and exit tunnel. Some police "tunnel" was actually ng unused for years, and grass. All that Was
Was lo dig a Short le pipe and then clear "Say, Could hawe been
done With the crude implements the detanees possessed.
S aCC C MMHCCaLLCCC0 aG LL LCHGGCS The digging should have displaced over 2,000 cubic for mud. The police say that free 7ilitats Hid IS TILJd ir Tree Sea Mad roorl77S. BLI Fhe COTIEJired dirT7grisfors of these rooms could have taker om ly 750 CLERC ft. Wigre did The rast of TF73 ITTLJEd go?
The police hawe no answers. However, if the drainage-pipe theory is valid, the absence of mud can be explained. Another theory is that the mud could have been removed periodically, suggesting Collusion. With a section of the staff.
THE WELLORE FORT
on centre from where the suspected LTTE militants escaped history. Its first prisoners were the sons of Tipu Sultan, who there by the British after he died fighting them in 1799, he Wellore Inutiny in 1804, the fort was converted into a police olby the British in 1867. A hundred years after that, it was into a police-recruitment centre,
e Tamil Nadu government began lodging Sri Lankan Tamil efort. In order to prevent any rancour, the suspected militants were separated om the basis of the organisations to which they ce. Members of the EPRLF, EROS and TELO were despatched Orissa, while the Tigers were accommodated at the Wellore other special camps near Madras-Puzhal and Red Hills.
the start, the militants detained at the Wellore Fort resented ns that had been imposed on them, Matters cale to a head 191 when they, along with the refugees lodged in Haider Mahal, E. Holding a sub-inspector hostage, the militants threatened alive if their demands were not met. Following a compromise, es decided to seal the connecting gate between Tipu Mahal fahal. As the refugees interned in Haider Mahal were allowed about Wellore town, they had easy access Loinformation which then pass on to the militants in Tipu Mahal.
er 1992, 19 militants Imanaged to escape from Tipu Mahal. security or the Outer wall of the Wellore. Fort was beefed o provent further escapes. But with the recent jailbreak, the oved that again, they were one step ahead.

Page 8
The Irmilita rints escaped in batchers ower thгаепightsbegїпліпg August 12.AsепІгу Y aLYYLLLLYS Y KKLY LL YaK HCLKK LLLLLLLLYS LLLLLLK SYLLL LLY YSLKCLL0LYLCLL LLLCLL LLLL the moat. Besides, There were 25 other security personnel on the premises. How did the escapego unnoticed?
The Official version is that the Sentries were watching the fort and not the moat. However, given the topography of the fort, this implies that the sentries kept their eyes trained in only one direction - that is, they never turned to look behind. The police claim that, owing to heavy rain and a power cut, visibility was poor on the nights the escape took place. But the power cut only occurred on the last night, that is, August 14. Also, the outer perimeter Wall of the fort is ringed With lights.
The Were Fort was the site of a 10ther jailbreak in November 1992. What specific steps did the administration fake since han to besfup Security?
Not much, it seems. Officials say that the fort Wall was rigged with a barbedwire fence and the height of the Watchtowers Was raised. But there are other Cracks in the official version. For one, the police cannot explain how the four Women escapees, detained in Haider Mahal, gained access to Tipu Mahal.
So riddled With holes is the official version that opposition leaders are using them to suggest that there was collusion between the detainees and the authorities at the Wellore Fort. While there is no substantive evidence to prove this, what's clear is that the Wellore jailbreak has highlighted key issues involving the detention of LTTE ITiilitants in Tamil Maj L...
The police admit the security was lax, but attribute it to the fact that the Wellore Fort isn't a prison; it's a detention camp. "This means that although the militants Weren't allowed to step out of the fort, inside they were their own masters," says
8
Director-General
This is because th
sted for "traveling this is not a penal Section 3(2) (G) of
Government Canol the detainees'm OW, Normally, foreign r for this offence, but födar of 1983 Tak SriLankan Tarlst
The Tri|NqjLI (, "reasonable suspi the refugees front refugees Were lod With few restriction: the Tilitants werek guards only on the c the police say, no c being dug:
Not many are st given the glaring loc |arce SysterT1, "In s terrorist acts, includ of Rajiv Gandhi, se in Tamil Nadu, espe ce, is still very low," officer. In fact, thoug Lanka share a 11 Coastal Security Wi ce, which was set is ineffCtiwe. This Lu battalions of the Tar Ce to check ||legal Coast, nas 50 Cha make a single arres personnel have nos terroristoranti-smu are handicapped by not locals.
Supposedly on th branch of the State C '80s to tackle the headed by the ins: gence). But with on a DSP in each illequipped to colle tion about the LTTE

PoliCE W. Walikuth. detail EēS WETEe af TE Without docussites its': fence, according to e Foreigners Act, the place restrictions on Tlent, notarfest them, tionals are deported Central Government ; it mandatory that all treated as refugees.
overnment, acting on on", had separated e militants. While the ed in Haider Mahal, On their movements, ptin Tipu Mahal, with utside. That was why, he noticed the tunnel
|rprised at this lapse pholes in the surveilpite of many violent Ing the assassination curity consciousness cialiyamong the pol|- admits a senior police H1 Tamil Nadu and Sri 10-km coastline, the ng (CSW) of the polip eight months ago, it, formed out of two |Nadu Special Poli
activities along the kposts but is yet to
Moreover, the CSW ecial training in antigling operations and he fact that they are
Watch also is the 'O' ), formed in the early militant groups and ctor general (intell25 men headed by rict, the branch IS
adequate informaTOWITlents. Also,
some men of this branch are suspected of being sympathetic to the Tigers.
What is apparent, however, is that the LTTE has activated its network in Tar II Nadu following the escalation of the Conflict in Sri Lanka. In säct the war HEre läs given an impetus to pro-LTTE activities in the state. For example, in Madras in early June, a 'seminar' was organised by LTTE sympathisers at which speakers, including Dravida Kazhagan leader K. Waeramani, praised the Tigers and their chief Velupillai Prabhakaran. A month later, MDMK leader W. Gopalasami openly came out in support of the Tigers calling them "freedom fighters" at the first state conference of his fledgling party. The speakers at the conference praised Pirabhakaran, and at one stage, Gopalasam Was even hailed as the "Prabhakaran of Tarii Nădll".
While the Jayalalitha Government has chosen to ignore these developments, neither the MDMK nor the DMK, Linder Whose rule the LTTE Was allowed a free run, has commented on the escape. Ironcally, after similarincidents in 1991, Jaya|alitha had secured the dismissal of the DMK government headed by M. Karunanidhi. It is a sign of how wital these parties Still Consider the Eelam issue to their chances in the elections that it was left to a maverick like Subramanian Swamy of the Janata Party and the two factions of the TNCC (1) to speak up against the inaction of the Jayalalitha Government.
Meanwhile, Jayalalitha Suspended Several policemen, including the SP of Wellore, and also ordered a judicial inquiry. Few were convinced of its effectiveness. After all, two earlier judicial commissions, one to look into the Mamandur jailbreak in 1993 and the other to inquire into the escape of nine LTTE men from Madras Central Jail, have yet to come up with their findings. Even if the commission set up to investigate the Wellore incident produces results, for Jayalalitha, who declared in 1991 that she Would drive Out the LTTE from Tamil Nadu, it has been a major loss of face - an incident that her political adversaries could, if they choose, exploit to their advantage.

Page 9
THE PA. DEVOLUTION PROPOSALS
Not-so-very OC Wine
K.M. de Silwa
S. LL LLLLL S L L S L S LL S HLLLSL S
yet another episode of Constitutionmaking, the third since independence; Indeed the Thirtlin less tham 25 years. In Contra St India has operated one Constitutional system since 1950 and despite that country's fractious politics there is every prospect that its constitution Will survive into the early 21st century at least. If Parliament approves the changes envisaged in Sri Lanka, With the reguisite twothirds majority and the draft constitution Secures a majority at a referendum, it will be the country's fourth in less than 50 years.
One of the principal features of the current exercise in Constitution making is that a set of proposals on the devolution of power will be an integral part of it. Not even the constitution of 1978 attempted Such a comprehensive change of the Sri Lankan polity. For the first time in over 50 years Tamil political parties are actively irwolwed in the proCess of negotiations or Constitutional Charlge and One Tarnil party - the TULF - is actively involved in the actual drafting process of the de VOlution proposals and of the constitution itself, That party was also involved in the drafting of the devolution proposals of 1980, but the extent of the in Wolverment on this present occasion is altogether much greater.
A second significant feature of the present process of constitution making is that for THE first fire Sirige til E Tid 1950'Store is some measure of agreement between the two principal national parties on the LLLLLL LL LLL LLL LLtL LLLLaLLLLLLLaLLLLSS LLLLLaLLLL aH S aaaS S aS S LLLL SS LLLLLS L aaLLLLSS S aL forë front of the opposition to devolution. Il Committing the party to a full-blooded measure of devolution its present leadership has repudiated the policies the SLFP SLLLHHL aH HLHLL SS 00S LLLLLLaa0S KLLLLL LL LLLLLLa LaaLLL LLaaLLL LLaaLLLL aa S LL aLLLLL LL LL LLLKL aaLLLLL LLL00L LL L 0LLLHHLHHLLLaLL LLL La LaLLLu ignores the pitfalls and dangers ahead,
Sri Laka - FREC Devolution Propi
Our survey must 1928. Wittle Dool. and its recommend: of a second tier of the cantrala Luth Cority met die S.That it Te such a system - in the for IT of priment Co Luncils ir an Linusual coimh lethargy, at the ou there after. The de regional units Was by the State Counc ture, in 1940, With Ol tiously. But legisle purpose was not intl By the mid-1950's existed in regard to Edi State Cre
EdbECOTEOE Of SSLIES In Sri Larlkä its association. With of the Federal Part the TULF. TWO atter COLuncils, the first tir SECO CICCESİT i lessly. Thus the CrE of government in COTIStrLICti WB a ChiB" government.
Up to the end of Coif de Wolution hadtf Sri Laka 5 had 889 — E5 thlih devolution. A signifi in thë 19ËSO's Wilën
WHS trepited ES A r äld thiS COTTILJE the District D) gwell LC1 1980-1
A EWW II Stituti takes a decade or IT shed, and before judger Teriteorils ut

in old bottles
ent History of OSalS
begin, as it should, in Jghmorë Commission ations for the Creation government, between and the local go WernEtook 52 years befocould be introduced the District Develo1980-1- is due to bination of factors, itset and resistance Wolution Cof power to ACCEpied in principle il, the national legislaIl CISSentifOLLIrlanition required for the OLICELE 19Og.
the COISESLS that this had disappeared, tion of regional bodies the ITOS Controversial in politics because of the political demands y, the predecessor of Tipts to introduce such Tmieġ iril 1957-B, and the in 1968, failed hopeätiOr Of a SECOTid tier 1980-1 was a major Wesel of the UNP
Le 19605 a d'VOCal B5 eated the provinceпіпергоvinces slпсе 1st appropriate unit of cant change OCCurred as later Unit, district, Ore appropriate unit, till the 1980's, Hence JTTETil Councils intro
|al structure generally Ore to be fir Tilly Establiit is possible to pass ility, HerEin Sri Larka,
the District Development Council syster TI Was abandoned in 1983 im less than tWO years after its establishment once the TULF - with Indian backing - withdrew its support for the scheme. One may look upon it as the price Sri Lanka paid for the 1983 riots: and it marked the beginning of seven controversial years of Indian pressure on behalf of the Tamils of Sri Lanka, during which the unit of devolution CÉBASE id to be district års H EJECTIE THE province once more, in short a reversion to the Federal Party's demands of the 1950's.
The UNP government conceded the pfimCiplE of pr0Winclal TathET tham district units of devolution only under enormous pressure from India. The All Party Conference of 1984 had refused to accept the principle of provincial Councils, and insSted On the retentior 1 of district COUTCS. With greater powers. But after the failure of the Thimpu discussions in July and August 1985, the Sri Lanka goverriTent accepted the principle of provincial сошnCills ir LFE di SCLUSSİOñ5 that || Cd to thig initialling of the Delhi. Accord of August 1985. Indeed provincial Councils became the principal feature of the Delhi. Accord of August 1985. Some of the Tamil parties Were Willing to accept this scher The but under pressure from the LTTE they backed away, insisting on the Creation of a larger territorial unit, a TarTil dominated north-eastern p0r0 WinCe.
From the time of the Delhi. Accord of 1985 satter Tpots to Tlake a provincia|| System aCCEpotable to the Sri Lanka politiCal parties Was the focal point of the negotiations. As We hawe se en the UNP government had accepted this in 1985. Many Smaller parties representing parts of the present People's Alliance also accepted it, but the SLFP was firmly opposed, The TULF and other Tamil parties insisted that a prO'Winicial StrLiCture Wasinadequate in itself unless it embodied the principle of a Tamil dominated north-Eastern
7

Page 10
province. The concept of a north-eastern province figured in the diplomatic negotiations, betWar India ad Sri Lanka för the first time in 1983; it was embodied in the So-called Annexure "C" which the All Party Conference of 1984 refused to ErdČITSE,
In an attempt to make the provincial SystemaCCEėptable to the Sri Lankan political parties the Indian government in 1986, through its then Foreign Secretary, A P Wenkateswaran, persuded the Sri Lanka g0Werrilmefit of the day to treat the Indiam state System as a model in regard to the POWEers (of the provincial system. Thus from 1986 onwards the Sri Lankan provinCial System, which was in the course of CoriStrLuctior, LuSE)d the Indiam Todėl ä5 the protoype. In short, the form of devolution on offer was a quasi-federal one, on the lines of the Indian system with an emphasis on a strong centre.
The Political Parties Conference of 1986-7 was engaged in two complementary tasks: of drafting legislation for provincial Councils; and seeking Waysand means of dealing With the grievances of the minorities. By this time the language probleTil had Ceased to be the di WiSiWe issue it was in the 1950's and 1960's. In 1984 a formula had been evolved on the distribution of state-owned land, a formula that Was accepted by the TULF (again with Indian support); 1986 the formula was re-examined and eventually endorsed by the Political Parties Conference. There Was COIMISENSLIS Om many other issues including the political status of that section of the Indian Tamil minority then still regarded as "statless".
The consensus did mot extend to the SLFP which did not participate in the discussions. That party opposed the creation of District Development Councils; and Walked out from parliarrent When the bill On the establish Tient of these COLITICils Was discUSSEd in Parlamentin 1980. The SLFP boycotted the elections to the District Development Councils thereafter. It refused to participate in the discussions of the All Party Conference of 1984, or LIFE Politica|| Pantias ComferèFICE COf 1986 and opposed the legislation that sought to confer citizenship rights on the "stateless" dari Tails in 1938.
The diplomatic in Sri Lakääd ja Were foc:SE|| 0 til Councils. On OWtor to the Warious SEC system in the island culty was the Tamil eastern province, th the ES LETT PTC Will PTWICE,
As a way out of th government propos Eastern Province in this failed to gain sup excision of the Army. the Ampara alactor Province to exclude lese population of after li fil Ir of t the Concept of a tem Northern and East introduced as a key Lanka peace accore ground to that acco especially the India opposition that thes evoked, to merit sp Suffice it to say that th against the backgro protests and that the Co-belligerents if not tral role in the agitati
After the Pro Wicia introduced in 1987, t boycotted the electic Councils established tions Were held in 1: present People's All 13 Elections: the Li Party (LSSP), the (Moscow Wing) and ana Pakshaya (SLM maratunga, a break. SLFP. Ulike Her SLF ported the Indo-Sri L.
In early 1989 with F ryatthepresidential E 1988, there Wasan; and revising the who tion of power introdu linkage between Easter Provinces, provided by the Prer for a reappraisal of E

egotiations between 1986 ārld 1987 e issue of provincial take them acceptable ions of the political d. The principal diffidemand for a Orthrough the linking of CE. With the Norther
e impasse the Indian ed: a division of the EO 3 Lunits, and When port, it suggested the bara district, CT gwgli te, from the Easter hE bulk of tİTE Sirihat provincE It Was Se negotiations, that porary merger of the ETT PTOWICS Was eature of the Indo-Sri of 1987. The back"d is too well-known, Ti poľESSLITS9, and the signing of the accord ecial mention here. leaCCOrd Wassigned Und of violent public a SLFP and JWP, as allies, played a cen| Π.
| Council Syster Ti Was he SLFP once again Ons to the prowincia|| | in 1987. TE Elég988. Sections of the іапсе рагticipated in anka Sarina Samaja
Communist party THE ST LНПka MaflaIP) led by Wijaya Ku-away faction of the FP these parties Suparika peace accord.
R Premadāsä's Wictolection of Deceber Eattempt at reviewing ESCEPTE of die w|- Ced in 1987, and the the Norther and An opportunity was madasa government these issues, and
the LTTE seized it to begin a 14 month long series of discussion, the first direct negotiations between the two sides, all part of a peace process that was expected to culminate in a new devolution package, and the entry of the LTTE to the country's democratic political system, Almost simu|taneoLJsly another set of broad negotiations began with the various political groups in the country to reach agreement on a Comprehensive set of reforms to resolve differences between the Warious ethnic groups in the island, and to deal With their demands. One could call these the third set of negotiations following on those held in 1984 and 1986.
Once the negotiations between the goWernment and the LTTE collapsed, and With the LTTE's unilateral abrogation of the cessation of hostilities that had comenced in April–May 1989, there was a retur OTICE TOre to a smead Conflict. Whila engaged in these hostilities, the Pradasa government began yet another set of discussions and negotiations, this time, With parties represented in parliament, With the active participation of several TarTripolitical groups. The LTTE was not represEarliteadini Parlia rTTE Ilt, TileSE discussions took the form of a parlamentary select Committee under the chairmanship of Mangala Moonesingle then a SLFP MP, and presently Sri Lanka's High Cornmissioner in New Delhi.
That Committee's proceedings lasted through Tuch of 1991-93, and its discusSions Once again revealed a sharp division of Opinion con some of the Crucial issues in the devolution debate, in particular On the linkage between the Northern and Eastern Provinces. There was general agreement. On the need to strengthen the powers of the provincial Councils, evento the extent of doing away. With the ConCLU r reat DOWerS irm the 1987 Str LUCILLI re arid to transfer these to the provincial Councils. The significance of this consensus should be underlined: to the extent that the concurrent powers are removed, the provincial councils in the Sri Lanka system Would have a greater degree of autonomy than the states of the Indian Union. There was no consensus possible on the der Tärlds of the Tari|| parties for a permanent linkage between

Page 11
the Northern and Eastern Provinces. Neither of the two main Sinhalese parties, the UNP and SLFP, would agree to this,
The victory of the People's Alliance (PA) at the parliamentary and presidential elections of 1994 raised expectations of new Initiatives and new policies in the resolu[[[]] [[ST] Laflkā"S EthÎllC Conflict, TTHE FA Campaigned on a platform of bringing peace to the country and the PA's leader Washailed as the peace candidate. While the LTTE was not represented in Parliament, it immediately seized the opportunity to proclaim its own support for a negotiated peace. During the election campaigns the TULF actively supported the PA; the other Tamil parties represented in Parlia: ment backed the PA once the PA gained a majority within ParliarTent. In the aftermath of the PA's Victory the second set of direct negotiations between the LTTE —the first was with the Prer Tiada SagOWEfilment in 1989-90- and a Sri Lanka government began. They collapsed, as wea || kmõW, om or just after 19 April 1995. Although the life-span of the negotiations Was TLC shorter of this occasion than in 1989-90, yet while they lasted they Created an atmosphere in which expectaiOS UT a resolution of the Conflict Were raised to euphoric levels of unreality.
It is against this background that the della1CS for E federal Structure for Sri Lanka Were made. The principal arguTent used, Sometimes quite explicity, Sometimes implicitly, was that a federal structure in which most of the powers Were with the provinces, combined with a linkage between the Northern and Eastern Provinces, were the irreducible minimur I which the LTTE, and the Tamils, Would accept as an alternative to a separate state. The TULF has been among the principal exponents of this line of thinking.
This is not surprising in view of the fact that this is exactly what that party has been advocating since the establishment of its predecessor, the Federal Party. A memorand LIT itsubmitted to Rajiv Gandhi in December 1985, i.e. nearly 10 years ago, contained the framework of a federa structure for Sri Lanka, described in that document as a union of states. A weak - wery weak - central government, and powerful provincial units
Were the BSG Certial" posal. Needless to HE North Brn and was an integral p What is being subn tion OW is a mid sa Tle Scheme, an. rejected in 1986 TITEIt O lēSS Lankan govern The
The Federal Opti
Grī Lākā W: journals have been months advocating rall syster T1 as a mE Country's Current el rate for mirnirimizing ', EITCE Of LITE CLITTE TIl two exceptions, the to say on the sho systems, and no failure of federals of the World to problems for Whi COITITendeda SeS
The key feature government is, of . Sovereignty betwe stration and regio states or regions) states - including SOf The Soft Of decem units and in the literature One ofter on the degree of Such units before a to be treated as E release of the PA tion proposals We sole of that deba tists are agreed || TIOdg|Ofa federati federal structures, a reinadyla TiC)r the relationship be the regional units the powers of the being regularly r assigned.
A look at a stand Fiat Tilst federal tries. Some of Fl proportions. Indet countries in the W to as federal state

features of that pro
say, the merger of
Easter Pro WinCES Et of the SCETe. it for Corsideraldified WerSiOT this | CIE |lat la EEET y the Indian govetil title ST
t
O
Spapers and learmed | fi:IES I FECE TIL headoption ofa fedeHans of Taraging the hnic better, or at any the ter Siris a Tid WiiColconflict. With Ole Or Se artice5 ha Velittle rtcomings of federal thing at all on the stems in other parts resolve the sort of c1 federali SmiS reStifŠLākā.
of a federal system of course, the division of Per the Central adn Thirimal Units (provinces, in a state. Wirtually all Lumitary States - hawe tralised administrative International scholarly sees a lively debate autonomy required by structure could qualify foderal Jf. WITH TE government's devoluare beginning to see E FErg. FCllical SCIEThat there Is TO Single ion; and secondly, that in all parts of the World, ocess of change. Where tWBern LF10 Centre afld are ir a State offi Lux, Centre and the units e-negotiated and re
ard World T1apo Will ShOW states are large COUngrill of SLE-COllil Eta|| ad of the eight largest orld severi are referred s— Argentīnā, Austra
a Brazil, Canada, India, Russia and the United States. The exception is Chira - Which is not referred to as a federation ir - Official Jitted MatiOS5 iOĊJTIĊritS. China has four "autonomous" regions in the periphery of the country: inner Mongolia, Tibet, Sinkiang and Kwangsi ChLuang; Other federal States includes AL stria, Germany, Malaysia, Mexico, Nigeria, Pakistar, Switzerland and Wenez Lula.
Of these states only two, or three if one includes Belgium, have a territorial spread of less than 50,000 square miles: Austria (32,377 Square miles) and Switzerland (15,943 square miles).
Generally the federal Systems ha We evolved as the product of long historical experience and compromise between the need for retaining some element of a regional unit's distinct identity, and the political compulsions for the establishrinent of a cohesive and larger entity consisting of these units. The very successful Swiss federation evolved over several centuries - the process being accelerated after the 19th century - the US and Caradian Systems developed ower tWC) centuries, and the Australian federation over the last century. In many former colonial systems, a federal structure often grew as part of an attempt to preserve distinct territorial units conquered Or absorbed by the colonial power at various stages, and the ethnic, religious and region identities associated with them. The examples that spring to mind are India, Pakistan and Malays (now Malaysia) all of which gained independence as federations. Some federations were post-independence creations, through the intentional Combination of Separate politicalentities: Nigeria, Tanzania, Malaysia and Camerооп аппопg theпп Indeed, Nigeria is a special case. When it gained independence in 1960, it had for all practical puгposes, a unitaгy systeп, and it was only in 1963 that a "qLazi-federal“ gQve
Tental structure Was instituted.
One feature of the development of federal systems needs specialesmphasis: Wery SeldoT hawe federal Structures been adopted informerly unitary states. One of these examples often cited is Spain, a large state With traditional regional Identities and a lang history of dissension be
만

Page 12
tween the regions. The constitution of Spain has certain very special features. The country is divided into Provinces (or "traditional" lines). The constitution permits a group of contiguous Provinces (with COTT Corn histori Cal, Cultural andecomo Tic characteristics) to seek the status of an Autonomous Community". Autonomous status could be sought only When a minimum of two-thirds of the 'Municipalities (local government bodies) within the prowinces concerned support such ari initiative. Such status is granted following negotiations between the central government and the group of provinces seeking such StatLUS.
The most significant feature is that the Constitution allows for variations within the Autonomous CorTrTunities (s.e. among the respective provinces of an autonomous Community) as well as arnong the autonomous CorrirTunities, in respect of the extent of autonomy granted. ThLUs the Spanish Constitution enables the central government to regulate the amount of autonomy granted to each Autor NOTICUS COTTI Lurity and to ea Chil Constituent ProVince Within an Autonomous Community,
From the time of promulgation of the new constitution (1978) up to 1984, 17 Autonomous Communities, with varying degrees of autonomy, had been created. There is no across the board, i.e. uniform, devolution in the Spanish system. Some of the "Autolo OUS Communities' of Spain are less autonomous than, say, Scotland in the UK. More important, despite the use of the term "Autonomous Community" the constitution Wests a large amount of reserve powers on the Central government.
Spain is almost entirely homogenous in respect of religion if not of language as Well. An example of a small unitary state that has evolved into a federation is Belgium, Belgium survived as a unitary state til 1970, When prolonged tensions compelled a resort to an exercise in constitutiomal reform, a significant modification of the unitary system. After a virtual breakdown in the system in the late 1970's there followed more Vigorous atterripts at COn StitutiOrla revision WhichtOOkthefOTTI of regionalisation and, when this too
O
seemed inadequat Was introduced in 1 We study of this latte scholar, LHooghe, - A Leap in the I Federal Refor TT, E the post 1970 reforn tional arrangements ties share power W. and legislative bodi major politically de dETS, Wallonia and || TnOre nLJITlerOLJS lar (that are incorporate
Belgium continu central governmen terTTISOfitSCO1Stituti power is wested in sters, and legislativ the king, the chamէ (lowerhouse), and
Note also that in linguistic group - accounts for only 5. While the mai Tiini speaking-account
The ethnic and divided the people historical roots, ar. groups hawe long tr political aspirations.
|f Sri Lanka War Would be one of a Unitary States to Cor ration. But the diff gium and Spain-b as Constitutional T OIle and and Sri L: in the fact that Sri La CES hawe b3 ET Crea have always been units. They did no identity, despite the tel Creation duri evolved over the E Certainly they wer been "regions" sense of the Word
The principal ar favour of a federals is that it. Would be a of accommodating the current unitary's

2, a federal system }88-89, Arlau||Driat|- r process by a recent has a verytelling title lark - The Belgian elgium has (following Is) two sets of sub-naThe national authoriIth: (a) the executive as representing the 3 lined "regions' (FlanBrussels); and (b) the guage 'communities' Edwithin the regions).
as to have a strong because Under the On, national executive heç kirid andhi's ThirliB power is shared by er of representatives |FIG Senate.
Belgium the majority
Dutch speakers - 5% of the population, ority group - French Esforas TLCha544%,
aligious identities that of Belgium have deep id the two principal aditions of conflicting
a to join this band, it Very small group of VertitSelfinto a fedeTETICE BETWEE BER|- oth officially classified Onarchies - On the Inka On the other Ilias inka's present prowinted by the British and Terely administrative embody a political Jolitical motive behind g British rule. They eriod 1832 to 1889. OltchaWC IWE" in any acceptable
ument advanced in ructurefor Sri Līka more effective means ethnic diversity than ystem. However, the
crucially important fact is that the derland for it is restricted to a section of the Tamil minority who regard it as a means ofreinforcinga distinct regional identity based on the north and east of the island. They are guided by a belief in the right to regional autonomy. It is also argued that introduction of a federal structure would undermine the case for an independent state in the north and parts of the east of the country.
Several other arguments are advanced in favour of a federal option for Sri Lanka. but these are all subsidiary to the ones discussed in the previous paragraph. These include the Contention that a federal system would increase opportunities for individuals and groups to participate in government by Creating more levels of government and a larger variety of goverTITTerit istit L-utions. It IIS also COTT tended that federal arrangements provide a variety of opportunities for articulation of group sentinents, generally not available in unitary structures - minority groups are more likely to Win substantial influence in aregional LIn tharina centrāllegisature. A corollary of this argument is that regional governments under a federal system are better able to articulate the Concerns. demands and needs of minority groups than the administrative units of a unitary State.
It is also argued that federalism provides a Wider Earca for Ciūri flict Tes Olutjörn than a purely unitary system: if regional governments represent minority opinions, conflicts can beresolved through negotiations between the regional and central government or between various regional governments. In addition, where minority groups are territorially identified, the regional government can act to protect the interests and identity of the minority. Also federal political structures are considered inherently more democratic because they allow the public more points of access to the government, and the bring the government closer to the people. Finally it is argued that in a Well balanced federal system various groups feel that they have an equal opportunity and fair share of power and privilege, even if they are not able to control the central government.
Next: Capiлg with Солflict

Page 13
Powers of the Governor V Centre-State Relations
Rama krishna Hegde
MRI offer my appreciation of the inaugural speech delivered by thë Hon. Minister. It was TEITiarkable not only for his lucidity, but also for the insight that the Minister had into his subject. And the five factors that he has erhunterated LLLLLL LLLLaLHLLLLHHtLLL aLLLLLLLaaaLLLCL aLaLLLLLLLS Indial federali STTI HESE)? Er giftig tillrC Lughal, if I may so call it, continuous convulsions. There have been discussions and debates and serious arguments onbothsides. But ultimately the government of India, particularly the ruling party in the Centre, FlaS not DB8n faithful LO the COTS titution, particularly in regard to the devolution
SECTIS.
There is perhaps no other provision of aL LLLLLaaLaaHH aa aaS HKHLLS LLLLLLaaaS closer att Erition Cora Torg detailed scrutiny in the Constituent Assembly than theories which established the Office of the Goveror for each state of the Indian Union and defined the manner of his appointment Ĥrid Fisfunctions and du ties, These provisons received particular attention from the great leaders of the freedom moveIlent, Pandit Jawarhalal Nehru, Sardar Wallabhai Patel, and was the subject of detailed exposition in the Assembly by the Chairman of the Drafting Corimitee, Dr B.R. Ambedkar, and his colleagues. They Were debated at every stage and underWent radical changes. Yet it is highly significant that the central concept was never seriously altered. The Governor LLLLLa aLLu LLK LHLLLLaHHLLL LLLL LLL LL LaLaL SS LLLLLLaL L LLTLL aaLa LLK Union and the States Would hawe a pa riiamentary form of government. The Office of the GOVErmor is Of Cru Cial importas CE, not only for the proper functioning of the federati but ES for the SUCCESS Of democratic government in the Country.
tis therefore a matter of greatest ConCern that these very provisions of the Constitution Should hawa Bae Consistemtly systernatically abused and perverted KLaL aLLL LLaaLaLLLLHHLL LLLLLLL a LaL LLLLLL a
K LHHLGLGHHaH SMMM LGLMaaS Ya LLLLLLLTT LLLL K
gfīr
a glorified servant
to serwe artid porČITIC OWIl party at the Ce only agross distortic ple but also a negat ISSUBis 1öl Orle Oft but til W. Ofte : malpractice. The
filma de Sogveral Charl about the powers
Governor. Once it GOVermor Should bij ctiy orindirectiy, Bu given up and the CO Wä5 COf the COEXİS' Will elected CF Cite the Observatic deliberations by or ders of the Country rayan. If the Gower by the President of govern Tent out of: chosen by the pri means of a single
feder PriE Mji Out of the panella
ewe if the fatter
largest number of is not likely to porc provincial governir Committee prepare |a| |E| Irii:GTl ||
G WETTI B: Chief Minister resp. re might lead to fri Weakness in thead apply if the Goverт members of the leg tly of the State and SäECCETIEC II To meet the objec apartel of candida tle office of the Comittee recor WETT Should be di President. It had a the G'W'r"rr"S S ( of is Missil
obviate the possib WEET tīE GOWEITC it was decided by
T for Article SOE

with regard to
of the Uriori ir Order te their terests of his | LIB, The FGSUIL is 10t om of the federal princiion of democracy. The The Statēs Wis the Unio -Onstitution WS political drafting committee ges during this period I fuctions of the was thought that the e gleicted, iaith ar diretultimately all that Was insensus that emerged tence of the governor tief Ministër. I wish to Jins Tnade during the ha of the greatest leaShri Jayaprakash Nanor is to be appointed la Civice Of LE fB d'Eral Hpanel of four persons Vincial legislature by trasferable Wote, the ster is likely to choose man of his own party had mot SECLITEd the OtäS. SLIch El SilLjällor Imote harmony in the ent. Then the drafting da Cote in Which it Said at the Co-existence of ld by the people and onsible to the legislatuction and Consequent ministrati WOulda SO nor Was elected by the islature, that isir direcrepresentatives of the the federal parliament. tions to the election of tes for appointment to Governor the Special Ilerded that the GOrectly appointed by the so been proposed that uld act on the advice all Tatters: this Would ility of any friction be: Ir ard II:S MillStarS, SO he Drafting COTI Tiittee ind so the following be
substituted: Appointment of the Governor - The Governor shall be appointed by the President by warrant under his hands deāli VāStīfild:Siltāk by the Constituent Assembly. So that was the general consensus that in our constitution We must try every method by which harmony could be secured between the centre and the provinces. If you have a person who is not elected by the State but you have aperson appointed by the President of the Union with the Consent, I take it, of the provincial cabinet you will add C L LLa00 LLLL LaLLLLLLL0L LLL LLLLL LLL LL provinces and a clash between the proWinCes and the Centre W|| be a Woided Which Would otherwise result. Only la Wairhalal Nehru Cobbs Erweld during this detta të - it is a wery wery ir Tip Orta rit obserwaltiori. |quote: "I think it Would be infinitelybëtter if the Governor was not so intimately connected with the local politics of the province, With a faction in the provinces, and as has been stated by Mr Munshi, LLHHLLa Ga aHHLH aaLLLLLLL HH LaLLLLL LHHLLGL detached figure - obviously a figure that is acceptable to the province, otherwise LL LLaLLL La LHHLLLLLLL LLLLL LSYLLL LLLLLL aLLL acceptable to the province, he must be acceptable to the government of the proVince and yet he must not be known to be part of the party machine of that prowince, Ha Tay be sortletirTBS possibly a man from that province itself, We do mot rule it out, but on the Whole it probably Would be desirable to have people from Outside. I mean sometimes people who ha We not Lakerto0 greata part in politics. Politicians Would probably like a more active domain for their activities, but there may be an Berlinent educationist cor persols estinent in other Walks of life Who Would naturally by Co-operating fully. With the g0VeľTiment and Carrying Out the pol|- cies of the government, at any rate helping in every Way so that policy Tight be carried out, he would nevertheless represent before the public someone slightly above party and in fact, help the government - more than if he was considered as part of the party Tachine. I do submit that it is realy a Tore derTocratic procedure

Page 14
than the other procedure in the sense that thé aller Would not make the demOCrälic machine work smoothly." T.D. Krishnamachary Was known for this sharp incident. He argued that in no way should the Governor should be under the influence of the Union Government. He said, "Our idea is that the Governor would be appoiInted in the first place on the advice of the Prime Minister, Who intUrm Will Consult the Chief Minister concerned. Which particular person Will| hawe sa weto? I think that the Chief Minister Will have a veto and think conventions have already grown in that direction, and the person so selected Will be a person who will hold the scales impartially as between the various factions and politics of his State. The advantage of having a non-party man, a nonprovincial man has been ar Tripoly made out by the Hom. Prime Minister."
The concept of impartiality and independance of the Governor, despite his nomination by the President, could not have been more strongly emphasised by the architects of the Constitutionı, You know in our country during almost the last twenty years Article356 of the constitution has been abused again and again, and it would be interesting to know the dialogue in the Constituent Assembly in this respect. Dr Ambedkar was asked by one member to make one point clear, whether it was the purpose of Article 278A (later on it was 356) to enable a central government to interwenein prowincial maters for the sake of good government of the provinces. Dr Ambedkar said "No, no, the centre is not given that authority, or only When there is such misgovernment in the province as endangers the public peace, only when the government is not carried om in consomance With the provisions laid down for the constitutional government of the province, Whether there is good government or not in the province is not for the centre to determine, I am quite clear on this point." He further said in regard to the general debatein which it had been stated that these articles Were liable to be abused, "I may say that I do not altogether deny there is a possibility of these articles being abused or employed for political purposes, he was prophetic but that objection applies to every part of the constitution which gives power to the centre to override the provinces. In fact I share the sentiments expressed by my Hon. friend, Mr Gupte, that the proper
12
thing We ought to articles Wil|| TheWeer be and that they wil|| re at all they are brough the President Who is powers will take prop reactively suspendir of the provinces. The Will do Would be to is to the provinces th happening in the Wa intended to happen that Warning fails the to do Will be to Order the people of the pri Tatter by themselves did not say that the pli should be suspend must be kept in anin is only in the event dies failed that he article.
To another questi clared, quote: "As
Ween the Centre and sary to bear in them principle on which principle of federalis and ExecLutive a Luth O| tween the Centre an any law to be Tade the Constitution itsel Constitution does, tht Constitution are||1101 the centre for legis authority. The Centre co-equal in this matte FOW such a constit centralism. It may b assigns to the centre the operation ofits les ve authority than isto federal constitution. residuary powers аг and not to the State do not for IT the essen Chief Tarkoffedera the partition of the le we authority betweer tes, This is the princ Constitution."
NOW the declinest the Constitution can Words remains piou and Which today you archives. I would re quotation from a b Prakash Who is one

xpect is that such alled into operation lain a dead letter. Ii into operation I hope andowed With these ar precautions befog the administration pe the first thing he Sue amere Warning at things were not in which they were the Constitution. If second thing for him an election allowing Vinces to settle the "And Dr. Ambedkar ovincial government !d or the assembly lated suspension. It Et til ESE LWO TETTENOuld resort to this
in Dr. Ambedkar deto the relations bthe state it is necesind the funda Tental it rests. The basic m is that legislative ity is partitioned bed the states, not by by the centre but by f. This is What the E StatBS.Ulder OLI Way dependent upon lative or executive and the states are r. It is difficult to see Ition can be called a that a Constitution too large a field for islative and executibe found in any other It may be that the given to the centre but these features cë offederalism. The is as said lies in islative and executithe Centre and Staple embodied in our
arted very soon after e into for Cel. ThēSE wishes expressed Çam find them in the ad Out One TglEvant ok written by Shri of the leaders of the
freedom mowerTent and Who Was also a Governor for three periods. "I know of one Governor," he says, referring to the Govermors indulging in extra-Curricularactivities, "I know of one Governor who thought he Would continue to be a Timber of the All India Congress Committee, even as KaLaLLLLLHHLSLLLLL0LaLLaLLLLLLLaLLDLLLLLLL a party sessions, the All India Congress Committee annual Sessions. Without a sense of shame, "I know of other governors," he says, "Who used to go to that state and undertake political chores." Whe Sri Lal Bahadur Shastri died 1966, though the Governor as such is above party politics, one such Governor took (i quote), 'took active partin canvassing for Shrimati Indira Gandhi for Prime Ministership as against Shri Morarji Desai, the other Candidate for the Office. Shri Jain realized the anomaly of his position and sent in his resignation because of the protest that was all over the country. His conduct was the Subject of serious cersure in the press. It is legitimate to ask whether such a politician could have at all acted impartially Whilst he was Gowerror. Shri Jain's Case the answer is provided by his own Conduct in 1965 when he dissolved a newly elected State assembly even before it was duly Constituted by summons to meet and Without giving an opportunity for the leader of the largest single party to form a government. It is needless to add that that Was the opposition party, the Communist Party of India. In the end Shri Prakash says that he was of the view that governorships should be really the last lap of the journey of politiclans. If governors can later become Ministers and hold other official positions, then the dignity of that office is marred. But it has become familiar to have Governors who change their positions. You know Governors became the representatives of the Congress Party. Governors became the central Ministers, governors went back to the state as Chiraf Minister. You know Arjun Singh, for instance, it is a classic example. He was chief minister of Madhya Pradesh, and he went to the central gowernment as a Minister and then he was appointed as the Working President of the party, then he was made the Governor, and then he was again taken into the Cabinet, and this goes om and on. And where Will be the sanctity for the post of the office of the Governor. There are innumerablesuchinstances, Dr. Bäruator

Page 15
instance, Who said "Indira is India and India is Indira", you know the famoLIS quote. You know he was Governor and later om he Was made the Congress President. You know it was as Congress PresiLLLLLL LLL LLLL LLLL HHaLaLLLLL LLLLLLL
El Tark. I WLuld Tot like as tiTIE IS OWET.
Now in conclusion I would like to say that the record proves beyond a shadow Of doubt EFlat in Th05t CäSe:S the Gower TIOrs Hawa used their offiCEtOSEWE the intere:St. of the ruling party at the centre. It is unlikely that they would have acted thus except at the instance of the leaders of the ruling party. The clear intent of the framers of the constitution and the letter and spirit of constitution hawe been Witolatigd in all Sigrificant aspects. These are, the appointLLa aL aLLL LLaaHKLLHHa LLLLLaLLLLLLLaHa LLaa thig Cor 1553Tit of the state's Chief Minister, the Calibre and stature of the Governors, the security of tenure to which a Governor is entitled, the imposition of President's rule and the Governor's rights and duty freely to discharge his functions and duties as head of the State without being disrupted or dictated by the centre especally in regard to the appointment of Chief Minister and dissolution of the legislature, Dr. Ambedkar stated in express terms in the Constituent Assembly in 1948 that in regard to these two matters as constitutional head of StalEth Eposition of the GOWEnor is exactly the same as the position LL LaL LSLLLLLLSS LLLL aLLLLL LLLLHHLLLLaHLLLL position has been subverted by destroying the Governor's independence and Suboming his impartiality. Governors are LLtLLL LLLL LLLLL LaLLLLL LLLLL LLaaLLLLLLLatLLLLLLL LLLLLL established Conventions of the parliamentary system in regard to the appointment LL LLL LLLLL S LLLLL LLLLLHH aLa LLL legislature but abide by the directions of the leaders of the government of India. This is Wholly unconstitutional in itself, quite independently of the fact that those directions are given in order to promote the interests of the ruling party. In the process the federal principle as well as the norms of democracy have suffered grievously. The state's autonomy is violaled, if people are denied the right to be governed by their elected representatives If äCCördärste With Establishäd cJfwärLioris of the parliamentary Syster T1, as was clearly emphasized by the founding faLLL a aL LeLLLLaaaS LL aaL aaLaL SL L LLL glad the Hon. Minister elucidated the principle of devolution of power.
Comment
by Rohan Edirisi
Mr Chairman, I th SOThe Erief Correl GOWETT0T i Sri La tle 13th Armed ITE As you know, the 1 tains a number of broadly similar to
Indial COStitution E regard to the Gove think one has gott trg, GWEIT i til portant points of di die Ft Sri Lark
The first is that operates within the system, Where the Centralised political at the powers with r Set ut in the 13th that in certair insta expected to exercis directions of the Pr some very subtle Brices ir the Corristil
The second is system of devolutic Context of a unican CELTE. THE TE IS TIC Con Cerris of de Wol the provinces répr
think this is a very and Would hope t Session. We Could sorne sort of provir thë centre, becaus hawe a Wery polaris Ces On the One ha other, and no char or interaction to re. r-StS ET COCTIS
Now if you look GOWETOT Lurder powers can broad Categories: There , LITICLICT15 Wilgré ||E to act on the ad Ministers, Very simi tution: With regard Provincia COLII:|, Oftlé Board of Mir expected to act on Minister etc. The powers. Where the to act in his Wr the Provincial COur

ha
hought I should make tS OT the rol of the rika ir the Comtext of it of the Constitution. 3th Atlandment Conprovisions which are the provisions of the and the provisions With TOT ang SiTillaf. BL ut I evaluate the role of e Context of two illffer'ETICE DEEWEET til
ar CollistitutioriS.
the 13th Amendment ExecLutiwe Presidential ire is a wегy strong, Institution. If you look egard to the Governor Amendment you see CS LI GCW TOT IS je hiS discretiům On the "esident. So there are but important differLutionalprovisions.
that the Sri Laikan in operates Within the eral legislature at the real sensitivity to the tion, the Concerns of Stöd åt thĒ CÉritrė.
significant distinction, lat perhaps in another COTSider the ggd fOT Cial représ ErkäliQn al ## at th{{TTlCTIlāfll Wo ed system the provinind the centre on the
| Cf CITTLJiCatil resent provincial inteF. Et til Centre.
at the powers of the OLII Constitution the ily be put into three are those powers and : Governor is expected wice of the Board of Iar to the Indial (COStito prorogation of the
dissolution, Selection listers the Governor is te dWICE of the Chief |here ai TE E CILJ5tET Of Governor is expected discretion: addressing cil, sending Tessages
to the Provincial Council, withholding of giving of assent with regard to provincial statutes, when the Governor feels there LL SLLLLLLaLLLLL a LLLLLaLLLLLLLaa LLLHHLLLLLLLS nicating that to the President and triggering off a course of events, and also significantly deciding on the Scope of his own discration, the Governor decides when he is to exercise powers in his own discretion and when he is expected to act LHH aa SYLLLaLL aL La LLLLLL LLLLLLLLS strange Sort of provision.
NoWapart from those two sels of por Cowisions which are reasonably clear in the constitution, there is a tremen dous grey area, a third area Where there has beërs a lot of uncertainty in Sri Lanka as to whether the Governor should action the advice of the Board of Ministers or Whether HaLaatLLLLHHaLLL LLaLLLLLLLL LLLL LLLLLLLLS tion. A luITiber of the 55 area5 of Collertion and ambiguity are in the Provincial Councils Act, that is, the piece of legislation which supplements and spells out in greater detail, the powers of the provinces with regard to three main areas - the business of Provincial CounCils, procedure etc., finance and the provincial public service. Now if you look at the Provincial Councils Act you Will see that the Governor is expected to frame rules With regard to withdrawal of money from the provincial fund, withdrawal of money from the emiergency fund. The question has arisen LLLLLLLLS LL00LLLaLaLCLLLLLLLL LL00L0 LLLL0 acting in his OWri diSČretion Oris he expĒCted to act of the advice of the Board of Ministers? Then With regard to financial statutes, the goverfor has a tres Terdous amount of Control. In fact, in reality if you look at the provisions of the Provincial Councils Act and take a literal interpretation of the statute, perhaps the Governor LL LLaaLLLL aaHaLa LLL aaLS LLLLLLaL LLLLLaL or the Minister of Finance. A statute carnot be introduced without the approval of the Governor, Withdrawal of money has a LLLL L0Ha LLL LLLLHHLLLLLLLLLaaa aL aaLLS ernor and the question has arisen as to Whether, Fig GovgrImOr, thlgreg, 00, aCts i his OWI discretion or on the advice of the Board of Millistars. At Se Weral Sesiirtärs that SOTTE COf Lusha WeattEdEdWESee that E GLIVETOTS thernseyes have different attitudes, and think the practice has been different in different provinces.
The provincial public Service was a Contentious issue during the lensure of the lastWesterm Provincial Council. If you look at the Provincial Councils Act, the appoint
13

Page 16
ment, transfer, dismissal and disciplinary control of provincial public officers are WEste dinhE GOVEITO. The GOVEITOrhaS to draw up rules with regard to appointTEt and reCruitmēt. The GOWEen Ort Can alter or vary the decisions of any institution to which he may have devolved disciplinary power. The question arises here too Whether the Governor has to act on the advice of the Board of Ministers With regard to appointments to the provincial public service cor whether he can he aCl in his OWri di SCreation "?" In the Western Provincial Council, as far as I know, the previous Governor thought that he had to exercise those particular powers in his OWIn diSCTEtion and the Chief MiniSter at the time thought otherwise. The question Wasabout to be Car1VaSSedir1 COUrt"Wh Bn there was a change of government at the centre and so the matter did not proceed to the Courts.
One other interesting point that should share with our Indian colleagues is that there is a very significant case, Premachandra W. Jayawickrama which was decided a couple of years ago, which dealt with the Whole question of the Governors appointment of Chief Ministers. I believe, the Courts in India have been reluctant to issue Writs against Governors. But in this particular case, the Court of Appeal issued a Writ of certiorari to quash the
decision of the GO appointed as Chief belonged to the sa Governor belonge Claar that a riwal C been able to TuS particular Council. tWO Councils in Wols argument was that to Chũ0se the Chỉg| that hē ExeľCİSēdin and the Courts had decision of the GO Court took the Wiley discretionary powe appointmentofa CF wable by the court Judgment the Coul mental principles of accountability, the office of the Gower BrThor Should not t people etc. These E to justify a review of Si Om. A Writ of Cer| quash the decisior Erdar TLS to COIT appoint someone e the people was not this was a significan shows that the judic With regard to devolt to exercise its powe spirit of devolution is
CORRESPONDENCE
Muslims and the DeWol
resident Chandrika Bandaranaike
Kumaratunga's Devolution Package is a statesmanlike document aiming at the favourable envorinment. Wherein all ComTiunities can live in peace and amity. After being categorised as Creepers living on a parent tree, the minorities have now beеп гесоgпised, in fact as iп папе, as distinct entities the promotion of whose interests is a vital part of the political prCCESS.
The Muslims support the Devolution Proposals wholeheartedly. They have had to face the Tiger Wrath and ferocity by their refusal to agree to the Tiger demands for a separatestate. Thousands of thern have been expelled from their homes, their properties despied and themselves forced to live as refugees under conditions of unimaginable filth and squa
14
lor. NoW, hoWewer, Devolution Package the War ending, for EWEr Continuethern Prabhakaran's meg people withdraw thi bhakaranhe Canno less wa rindefinitely,
The MLIJSlins Haw in a Sinhala domina the offer of autonor Muslims, too, Cans DWT1.
The existing dem: provinces has bee foreigner to facilitate and bears no relati histofiCal ante Cedēt an area to satisfy

3r'Thor. The GOVernOr irister someone Who le party to Which the When it was quite ndidatė WOLuld hawe }r a majority in that There were actually ad). The Governor's le has the discretion Winister, the decision is discretion was final oright to review the ernor. The Supreme that the Governor's S. With regard to the Bf Ministear Was TēWieIn a very significant referred to fundathe rule of law, public hole purpose of the or, the fact that GowWart the Will of the rguments Were used the Governor's de ciOrari Was S5 Luled to and also a Writ of Del the Gowermor to SE SO that the Will of Warted. I think that t case Which perhaps ciary in certain areas tion, has been Willing :TS to el Surg that the
adhered to.
In conclusion, as the Minister of Justice and Constitutional Affairs said in his inaugural address, since We are considering federalism, I think the Whole role of the Governor has to be rethought and perhaps one might have to develop a system where the Governor is appointed on the advice of the Chief Minister or Where there is SOTTE SÕrt of Consultation betWesten the President of the Republic and the Chief Minister, and a person acceptable, to both parties is selected. But certainly there is a lack of clarity in the constitutional prowlsions With regard to the fundamental question; is the Governor primarily an agent of the President or is the Governor supposed to be a nominal figurehead of the Westrninsler variety Who acts On the advsce of the Chief Minister and the Board of Ministers? Since unfortunately, in my wiew, the political Consensus in Sri Lanka seems to be that We cargono further than Indian-style federalism, I think, Mr Hegide's presentation highlighting theimadequacy of the Indian systern of devolution was wEry useful. In my wiew Indian-style federalism is quite insufficient at this point of time. Certainly Mr Hedge's presentation Where he pointed out how the Governor has been used to subvert the original intention of the provisions of the constitution Sould restlind uS of the fact That perhaps We have to think about going much further than Indian-style federalism.
ution Package
With the offer of the and the prospect of The Tai Tills Cannot for rder OLISIWE TO SE TWEE Omania. If the Tamil ir support from PraContinue the sense
bEGI. Content to tive 2d Sri Lanka but With y to the Tamils, the ake a claim of their
Cation of Sri Lanka's
the device of the he Collection of taxes
O TECEI COIS O 5. A demarcation of e Muslim Would be
justas logical asa demarcation lo satisfy the Tamil S.
President Chandrika Baldara Take Kumaratunga has put her political future to the test, it has taken courage of an exceptionally high order to present proposals of such a wide ranging nature when even the slightest offer to the Tarnis had been rejected in the past by extremists,
The broad spectrum of the Devolution Proposals has won the unqualified support of all Heads of States and has placed Sri Lanka in the forefront of the Countries of the World practising democracy.
The Muslims of Sri Lanka are happy to be associated With the Devolution Package of the President which gives the Muslims, too, a place of their own.
A. M. M. Rauf, J. P.

Page 17
CORRESPONDENCE
Ravana Legend
read with interest Sasanka Perera's
TWO partessay on the legend of Rawana (LG, Aug, 1 and Aug. 15). I'm not We|| informed on the treatment of Rawana in the Sirhaia literature. But I Wish to note that Perera's analysis On the "metamOrphosis of Rawa na in Tamil society" leaves much to be desired. His inference that "Rawa na Who hladno real ethnic Value (for Tarris) 20 years ago is suddenly wested With both ethnic and political value" is a half-baked analysis. I published a hypothesis 19 years ago on the probable existerCE of Tore tha Come Rawama in the Indo-Sri Lankan history. This appeared in the Sudar magazine (a sister journal of Sularitiran, owned by S.J.W. ChelyanayaKam) of April 1976. My theory was that due to the passage of time, the identities of Tharly Rawa nas hawe bygConte a TOFtage.
I wish to explain my hypothesis that there Would have been many Ravanas With the following analogy. Consider how five centuries from now, future historians of Sri Lanka Will find it difficult to separata the Writings of more tham One de Silwa Who are Contemporaries and Who have prolifically Contributed to the 20th Century pol|- tics in Sri Lanka. Colwin Rio de Silwa, Chandra R. de Silva, Kingsley M. de Silva and Mervyn de Silva are four names which Cause this confusion. Even Whether these four indiWiduals are Sri Lankans or Portuguese Will be debated.
The Ravana, celebrated by the Tamils, is not necessarily the Willain of Walmiki's Ramayama. Many Indian scholars hawe questioned the identity of Sri Lanka as the kingdom of Walmiki's chief protagonist. Sasanka Perera should look at the multiVolume Bibliography of Ceylon by H.A., Goonetilleke for literature on this crucial matter. In Tamilliterature, the king Rawana Who ruled Ceylon is symbolized as a earned scholar, who had the musical instrument Weena in his flag. He was also an expertin indigenous medicine. One of
the earliest referen the Tamil religious li devotional hymn
panthar of Sirka II, 7 in the 7th century. A
The popularisatic protagonist of Walt re Was first made it the 1940s. Allad shed a couple of Kar 77ba Rasa 77 (Th. 12th century Tami Ramayana in Tamil Ariya illusion), in W Was elevated as a So, the inference to "predominantly En Class celerients of Tādē Ra Walla E5 T: TamilarcEstors in 19505, OTETTiTi|| na Ramayanan wa TäT| audiérlcE. In praising the intellect sung by Chidambar Lur Cleg of Karuari F perforTTT er of Drawi died early this year) This song began Wi Who Carried Weera
Japan Institutic for Cont Fukuroi City, Japan.
Fools or
Was toldby Some political intellectual CCÖLJTS Cofa di SCLUSSI 3 Telli O LE EL of the channels of th O Tammills ir Sri La ShEITS CATË äld til here now are only thosa Who Were OfO as Sakkires (SCaVer

es to this Rawala in erature appears in the of Saint Grania Sariamil Nadu, who lived D.
Im Of Rawa na the Chief ki, in the Tamiliteratuy the DMK leaders in Irai specifically publiInfluential tracts like a taste of Kambar, the poet Who Wrote the | and Ariya Mayai (The nich Ravana's Status righteous Tamil king. " Sasanka Pergra that lish-educated middle the Tamil diaspora" heir symbol of Eelam appropriate. In the late viāTēd 5ārīs Well received by the particular, one song ual staturē of Pavanā, am S. Jeyaraman (an i anda popular stage dian movement, who beca Tie apopular hit. th the lines, "The king in his flag".
Sri Kantha
rol of Aging,
DuffOOns
people that a Sinhala had stated during the on he was having with hic problem ower Orne E.T.W. that the f2 WETE ka beföre the Britiit the Tamils Who are the déSCendants of ught by the Britishers ngers) to Sri Lanka.
Whatever truth there may be in that gem of a statement of this learned person, Was Only reninded of the following passagesin the book Between Tears and Laufghter by Lin Yutang.
"Every age has its buffoons and the buffoons make you laugh. Great men make great mistakes and smallmen make small mistakes, Then the great Then love to point out the small mistakes of the small Ten, while they do not wish to hawa their great mistakes pointed out by the small mem. A mistake is something Which is the privilege of the great men to commit and of the small men of this earth to point out after they are dead, Death comes and the buffoomery is overand we take the histori
Cal WieW.
Dead Tente 10 tales and answer O arguments and dead censors delete no pages from the books of posterity; so let them hawe the pleasure of deleting them now. We can alreadysmile at the mistakes of Ne Wille Chamberlain at Wersailles and of all the League of Nations officials in the decades, because now the Tistakes are irretrievable and pointing thern out indicates a fine histori Cal SaflSE.
"On the assu Tiption that all our dead ancestors and all the great statesmen of the earth are fools or buffoons except those still controlling our lives we can go safely. The great thing about teaching history is that we must teach history but must not let history teach Lus".
Perhaps, this political intellectual of the majority race in this country which is controlling the lives of the minority races is anxious to hawe this Country divided or, is he in the pay of the LTTE like sortie of the Army officers who had been for the passing of banned goods and other acts of Commission and Olission? Who KOWS
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Page 18
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Page 19
ETHNIC CONFLICT(3)
FACT AND FICTION
The Sinhala only ag
Rohan Jayawardene
t should be noted that While Mr
Jayewardene proposed Sinhala as THE officia||language displacing English in the first instance, and allowed for the cooption of the Tamil language as a Second official language, he made no reference at all to the retention of English as a practical means although at that time the Country was a Colony of Great Britain, with administration in British hands. His proposal could be seen as part of the drive at that time to Ealin Thirate the Colonia|| presence and being in the interest of those without proficiency in English. He even disagreed with a proposed measure to make English education a free and Compulsory measure,
In January 1979 however, with the country experiencing all manner of difficulties arising from language policies, he made a speech at the Prize Giving of Hindu College, Colombo. 4, in the course of which he lauded studies in English at the school, obviously realizing by then in hindsight its indispensable role as a link language although in the State Council of 1944 he had vigorously opposed English education as a compulsory Teasure of official education policy.
1956 - 1958
In the year 1956 there was a political upheaval which saw the exit of the govenment of the United National Party (UNP) Which iad CoductEd EJLJSİTESS ir the established traditions of the British CCTmonwealth of Nations, including strong elements of the philosophy of capitalism, and the use of English They were overwhelmingly displaced by a left-leaning political aggregation headed by S.W.R.D. Bandaranaike With a disposition towards socialism and strong national identity. In brief, a complete break with the style and values of the Western Colonial masters was on order. The winning coalition was identified as the MEP (Mahajana Eksath Peramuna) Government.
One of the issues which may have been contributory to the right-Wing UNP'si defeat in 1956 Was it's reluctance to declare Sinhala the ONLY official language. This must be seen in the perspective of the
English Language Colonial "inheritance Worth as a link-lang try and as an inters ditum of COTIITLIC original proposer in and pro-Sinhala On yewardene, Was a r UNP but HE Wä5 WÉ his Consistency Ori |
|| 1 |ցEE լիE H] "Officid Lät 1956" was passed SOLE official langu: providing adjustme strative sense, but E before the expiry of
The Barıda Tarla September 1958 al legislation termed (Special Provisions irl Willich le 11o TE til of Sri Lirik WWE Tamil Language in in tha Act, WilhÖut sions of the original of 1956. However, be subject to regul by the Minister Co ,Bחחון
The following are SlatiwЕ ЕПасtrПЕПts
Official Language
1. This Act may
Language Act.
2. THC. Sirihala I: One officiallan
Pro Wide that WI Siders it impra the use of only for any official gחווחסn the Cם the language used for that
udē L. change is effec EIE EEffettle of DECerber change cannot strative Order,

jitation
being identified as a a" despite its intrinsic Jage within the Counnationally known meation. Ironically, the
1944 of anti-English ly legislation, J.R. Jamember On the losing ry shortly to manifest arguage.
nticipated legislation guage Act No. 33 of making Sinhala the age of the country and "nts only in an adminiill of it to be completed
DECETıber 1960,
like government in so passed a piece of Lhe "Tamil Language ) Act No. 28 of 1958" ami-proficient populaare allowed use of the
Tlalters provided for rejudice to the prowOfficial Language Act implementation Would aldr5 to He sel forth TCETed TFOT) tirTTE LO
} the texts of both legi
referred to above:
Act No. 33 of 1956:
e cited as the Official Իվt. 33 tյf 1ցEE.
arguage shall be the guage of Ceyları:
Where the Minister ConCitiCable to COTITE ICE
the Sinhala language purpose immediately into force of this Act, or languages hitherto purpose Tay be contsed until the necessary ted as early as possiexpiry of the 31st day 1960, and, if such be effected by adminiregulations Tay be
Tade under this Act to efect SLJ: change.
3. (1) The Minister may make regula
tions in respect of all matters for which regulations are authorized by the Act to be made and generally for the purpose of giving effect to the principles and provisions of this Act.
(2) No regulation made under Subsection (1) shall| hawe effect Luntilit is approved by the Senate and the House of Representatives and notification of such approval is published in the Gazette,"
Tamil Language (Special Provisions) Act No. 28 of 1958:
"WHEREAS the Sinahala language has been declared by the Official Language Act No. 33 of 1956, to be the one official language of Ceylon:
And whereas it is expedient to make provision for the use of Tamil language without conflicting with the provisions of the forgSaid ACL
Be it enacted by the Queen's Most Excellent Majesty, by and With the advice di C05E3Tt Of the SE3 latE and the HCL JSE of Representatives of Ceylon in the authority of the same, as follows:
1. This Act may be cited as the Tamil language (Special Provisions) Act, No. 28, 1958.
2. (1) A Tamil pupil in a government SCOOl Oral ASSIStESCOOSEC entitled to be instructed through the medium of the Tamil language in accordance With Such regulations under the Education Ordinance, No. 31 of 1939, relating to the medium of instruction as are in force or may here after be brought into force.
(2) When the Sinhala language is Tadg a Tediu of instruction in the University of Ceylon, the Tamilianguage shall, in accordance with the provisions of the Ceylon University Ordiace, No. 20 of 1942, and the Statutes, Acts and Regulations made
17

Page 20
(a)
(b)
there Lunder, Ee made a Tedium of instruction in such University for students who, prior to their admission to such University, have been educated through the medium of the Tamilianguage.
A person educated through the mediu T1 of the Tamil language shall be entitled to be examined through such medium at any examination for the admission of persons to the Public Service, subject to the condition that he shall, according as regulations Thade under this Act in that behalf may require,
have a sufficient knowledge of the official language of Ceylon, or
acquire such knowledge Within a specified time after admission to the Public Service
Provided that, when the Government is satisfied that there are sufficient facilities for the teaching of the Sinhaa language in schools in which the Tamil language isa mediurnofinstruction and that the anulment of clause (b) of the preceding provisions Of this Section Wil not Cal Se UndLe hardship, provision maybe Tade by regulation made under this Act that such clause shall cease to be in
CE,
Correspondence between persons, other than officials in their official capacity educated through the medium of the Tamil language and any official in his official capacity or between any local authority in the Northern or Eastern Province and any official in his official capacity may, as prescribed, be in the Tamil language.
In the Northern and Eastern ProVinces the Tamil language may be used for prescribed administrative purposes, in addition to the purposes for which that language may be used in accordance with the other provisions of this Act, without prejudice to the use of the official language of Ceylon in respect of those prescribed administrative purposes.
(1) The Minister may make regulations to give effect to the principles and provisions of this Act.
(2) No regulation made under subsection (1) shall have effect until it is approved by the Senate and the House of Representativesand notification of such approval is published in the Gazette.
This Act shall have effect subject to
SUCh measures i may be adopte to Section 2 Oft Act No. 33 of 19. ending on the DC3 liber 19 SO||
T
TE. Nel. SIlta si: TELE TILLje Wlle A
Seeїпg ! Nor sign Tle Ne L FrtjIT II.5
A D.P. So eage Cold FL ipזTfie tr
WiFiD LI LI Peopled TILFE WOL
Though
OLAF CFL Delig futi Fugitiue (OLIT Sch
Though
இடமtய்து The Sec ITS LL'OTC
Oozing I IL FLITECH | PoLiversi Other'5
SO (lle? Eu Was Cor FIL TITTI Вогтара
பேl itp He sel Harl LLITTI THE CF Апајшs. Or alls TE TIL As is F. TfLLS CdL. TIL LIFE )

S may have been or It Will be observed that While the 1955
under the proviso legislation provided for Sinhala as the e Official Language sole official language to the exclusion 6, during the period of all else, the 1958. Act did indeed thirty first day of Come Up with Some tension-relieving
administrative provisions,
Le Scholars Tale – 23
Mor Louira e resasluforted its Style rmanda Le siTT plusa Éléd to begLille litt soLurpercerit L'as played doLUlrl lrl LJUhispers lAgents foLicled up the greying pictures.
Tat no pot IJer COLLEdgroLIJ OLLEgspogropus ed resignatorius.Jformlı captize Tudorons S LLLLCCCCLLLGCC GLLGLL Laa LLLL CCLLLLaTSGL oLU polL Li iferiority corriplex.
(Psychosociology Holois Casa) * to dor cloak as to sorget his tro Luser Le choserl sorci SLbseqLient thesis act of L. History of Inferiority Psychosis.
Lhis kolhoo/Historard Neross ri side Lualcs Tade theirlayman's Prognosis | consolidation of the Orle Marl Shou eed Sacrificial Blood and MLIITubo-JILLI mEbo.
most people did not knoLU the Herod Story
HHHHLLLLLLL LLLL LL LLLLL LHHLLLLLLL LL LMS LLGLBLS lg yet Fler sorbidden louer Princes and parlicking Kings Lolar researched quietly all these things).
Fue first Mortovirate had suelved Lite la LU Longue in cheek from Croisir Luell (ard Cicero) prld Monouirate preferred the hidder hard ters to perform throughout the laid.
espectability on all facades lellhoLinds from the terror trades orn fue barrele qfollers gLrs slogars Too CaboLť expril diritg [njILLI Ls.
Etter lesson learTi f bly oLur first Lior Heart
pletelulost on our second Bonaparte Irı's ArmyjuggerTrıda Lating the Chı oları ToLLE Te talked round to a plused pullou.
ace of the Kirgs Mer [o take o Liver each pohlcuse Élue Cholaris back each time and place n's gLIT car Tiers and each sleek rocket qLITI farstook ouver, lock, Stock card si cas fue Lanted (FuegLins Liere turtled 2e groups Luhtor in he specially splitted sacre extended/ro ir North Lo South Il-Pots gLLun ned doLUIn eacht leader ir doLib Tib terror prevailed till the decades end LSLLLLLL SLLLLLLLL LLaLLYS LLLLLLaL LLLLLaL YLLLLLS
U. Kaunati lake

Page 21
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Page 22
PROFİLE
Kumar Rupesinghe -
Vanessa Baird meets a man dedicated to stopping Wa.
f there was a traumatic turning-point
L LL L 0LLaaLLLL0LLaLLLLLLLLL LLLLLL Rupesinghe, it was the pogram against
Tā ir ātV Si Lākā late 1970s which led to the outbreak of CHWil Wärt III 1981.
"It was for me a period of trying to understand why so many of my dear friends had to die. A lot of the Til died On both sides. This pogram was unacceptable; that people were killed like this in my own neighbourhood, was unacceptable. I was ashamed of being Sinhalese. Was ashamed of being Sri Lankan. I had to re-examine most of my assumptions about fellow human beings and their rationality".
He had already gone into exile in Norway. As a leading member of the progresSIWE Bamdaramaike Gower minment who stood up for the rights of Tamils, he had become a target for right-wing extremists.
For Rupesinghe and many of his contemporaries the outbreak of ethnic violence was a shattering of illusions and
Egli Ef5.
"You see, We all thought there was denocracy in Sri Lanka. Because there Was 95-per-cent literacy and We had a parliamentary SysterT1 With different parties and We had a high quality of life, We assumed that things were going well.
"When this explosion of ethnic violence started... the concept of imperialism as the devil incarnate had to be redefined. It was OLIroWri people Who Were the perpetrators of evil against our own people. We could mot Eola T1E3 colonialism and imperialism for What was happening'.
He and his generation of intellectuals had been following the Marxist "dependency' theories of Franck and others. Suddenly, faced with ethnicity and nationalism, they had to find explanations Which anti-imperialism did not necessarily
2O
provide. Nationalist Seën as a good thin imperialism.
"We lid to lok WWEditat W irħiħ dritt ġdida lot Ofsteare: We had notions of W lese, | Was brought pure race, of Aryan something the Germ LIIllversal.
TETE WETE Other ask. "We asked OUIS prewented it? The ai "yes". There was inf that people Were against the Tamils focused enough to c. dOne".
At this point his ir came more sharply Norway he started CaLJSÉS COf COfflict ä the Interrättilä | Pe; tE i OSI. "The Whi impelled me to look prevented".
He has been 1 daet. prevention ever Sir the London-based tional Alert, a non-pa initiative Which Wor divided by ethnic ar pr Gwent War and ei dialogue to take pola focus has been Buri
What driWeas Rup: Wiction that Wars Ca troublg Is the Inte tends to get in Wolwe
O E FE1 E costly humanilariar recently in BOSThi allai international CommL. funds and energy in This does not requi

The Peace Seeker
's before they start
had up to then been g, a defence against
Within ourselves and We saw that We had otypes about Tamils. hat it is to be Sillaup thinking was of Origin. I Was not just lans inherited, it was
difficult questions to elweS: Could We hawa SWer of Course Was ormation going round planning a pogram Jut We had not really O. Witteeled to
terest in Conflict bfocused. While in
a database On the med how to stop it, ät qCg Rg5garch InstituOle SriLankan iSSLe at Why it had not been
licated to the task of ce. Todayhe heads organization Internarlisanibridge-building kS t0 Unite peoples ld internal conflict, to mabolc (Tediation ard ce. Recently its main urldl,
besinghe is the Conbe prevented. The rnational community 2d When it is already 'e is a Tlassive and
| TESOOTISE, aS SEET) RWada. Wattle Inity needs to do is put to conflict prevention. rea crystal ball - in
most cases there are always clear indications that trouble is brewing.
This is a fairly radical agenda. But Rupesinghe, who was a student activist at the London School of Economics during its revolutionary heyday in the late 1960s, looks an unlikely radical row. A smartly dressed man in his early fifties, he locks Tmore like a UN official as he makes highlevel phone calls around the World. He comes across as someone capable of exerting considerable influence at high levels and pulling strings where needed.
Besides, he nowadays distances himLLLLLL SLLLLLLKaLaLLS LLLLL LaLLLHLLLL quite Sceptical of political colours. I think We are departing from the traditional dichotomies of Left and Right. Since the end of the Cold War. We have been mowing im LCD är ärä WHETE J1 the Ole Side We hla We States; On the other We hawe a LLLLLLLaLLLL LL S S LLLLLLL S SLLOLCLL0L S L LL non-governmental Organizations, Corporations and non-state entities, which has grown immensely and has its own Way of intervening politically, it's not just political parties and states that determine politics now. It is citizen-based movements, populär TOWETTIEft:StCo'Co'.
But he also sees a dangerous aspect in the fragmentation, parochialism and militancy of ethnic groups.
"I think it's Crucial to recognize the importance not only of transformation outside but your own transformation too. The Very deep, psychologically traumatic experience of the War and pogram in Sri Lanka borought me to this thinking. I hawe tried to find out within myself whether COLld FAWÉ ČOstributed to this; 55:lläri.
"My own felling is that the dignity of a people depends of how it treats a minority. This idea has dominated mythinking in the past 10 or 15 years. If you defame others, if you oppress the other, you canmot hawe the dignity of a hur Tiam relationship'.

Page 23
s
Why there's sc in this rustici
There is laughter and light baiter Titlist the:
rural di TT1:sils ĻĻho arg2 : List; Sorting put kåCCI) leaf in a bir TI, IT IS, CITIE: If the hundreds of such
barns spread tytut in thị: Tid artici Lipmuntry LLLLLLLLH KLLK HuuLLLLLL LlL aBLaLlL uLLLLL LLLLHa LS dallimi, di Iring the Coff 5:2:15 Cor.
Here, with careful nurturing, tobacco grows Fis a LLLLeOLL LLL LLLLCHC HLL LHLHL uuuLGLCL LtgtLLLLLaL LLLLLLLHHL L gold, to the value of Jir Rs. 250 million or more annually, for perhaps 143,000 rural folk.
 

ENRCHING FRURAL LIFESTYLE
und oflaughter tobacco barn.
Tobaccan is the industry that brings er TıployTIEmil tra
hic scienci highest numbe T uf people. Artici ThE:52 people are the colbarra barr, IowTiers, thia' trab.: CCC growers and those who work for the IT, on the land ariri irl, the barms.
For thern, the tobacco leaf means rearingful work,
a carnfortable hife àTird a ocure futura. s. FC
rough reason for laught ET,
CeylonTobacco Co. Ltd.
Sharing and caring for our land and her people,

Page 24
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