Page 1
LANKA
GUAR
Wol. 17 No. 21 March 1, 1995 Price Rs.10.
PRABHA]
the
Mysti
Sinhala of Medicine Mig
— Tomas LarSSOn
Federalism
— Nirugan Tiruchelvam
- R. .
Press Fr
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- Mervyn de Silva
. M. F. AND
ThE Social Summit
- Martin Khor

Page 2
WTH THEEE
ELEPHANT HOUS
OUALITY AT AFFC
NO. 1 JUSTICE .
CC(C) LO

COMPLIMENTS
DF
E SUPERMARKET
DRDABLE PRICES
KEBAR MAMAWATHA
BO 2.

Page 3
TRENDS Red light for the general
Emigration authorities will not ретії former Arту Соттапder General Cecil Waidyaratne to leave the country. He is needed for an investigation into the affairs of the атусоveringaperiodwhich includes his tenure of office, "We will be recording General Waidyaratne's statament", a police (CID) Spokes
man said,
The general is prepared to aSSSf the investigation. "I Want to clearny name", he fold the media.
PA MP's siste
"#EET""="H"
Anarmed gang
sisters of Anura People's Allianc Premaratne. ACCC
the incident Wasl
qшагrel.
SUBSCRIPTION RATES
Air Maii > I - ||
Canada WU.S.A.
USS 65/ for lyear USS 45W for 6 months
U.K., Germany, New Zealand, Australia, Netherlands, France, Japan, Holland, Philippines,
Austria, Norway, Sweden, China, Ireland, Switzerland, Nigeria, Belgium, Denmark, Paris, London.
USS55W for 1 year USS-35W for 6 months
Hong Kong, Saudi Arabia, Dubai, Baharin, Arabiam Gulf, Syria, Singapore. آیت:۔ USS 457 for 1 year USS 25W for 6 months
India, Pakistal.
USS 40W for 1 year USS 22W for 6 Inonths
Local
Rs.250/- for 1 year Rs. 150/- for 6 Inonths
BRIEFLY,
WOA: Wiolem
Protestors dem: the building of a relay station at village on the No hawe stoned i WE ciously" engage acts, a USIS rele
The released
sters as "anti-WC dents Were bein police said.
And now a
THErE is rot E Treasury and P Bandaranalike MPs for sugg bring more rev sales Was the C
There is alri sales in the fort land is transfer to another. Wł
sted Was a tax
The MPS th gestion ontop 20 TOTE I EXI
of arrack and
te. Liquor lar budget maker
 
 
 
 
 

!rs assaulted | |
assaulted the two
Idhapura District 3 MFP SFātha Irding to the police inked to a private
Ce COntinueS
Instrating against Woice of America ranawila, a fishing rth Western coast, hicles and "malid in other violent
base Sald.
escribed the prote)Athugs". The incg investigated, the
land sale tax? |
nough money in the resident Chandrika asked government }stions that Would nue. A tax on land
SESUS
ady a tax On land of deed fees when ed friOTT Ore OWrer at the MPs suggeadditio to this.
eʼW in another sugif the ladta X-RS ise duty on a bottle 5 cents on a cigaretobacco are the percennial targets.
According to the BBC, the LTTE is ready to drop the separate state derTard and accept a federal constitution. This, the BBC said, was the impression gathered by the assorted groups that went on a peace mission from the South to the North and met representatives of the Tigers there.
The peace delegation told a press conference that the main purpose of their mission was not to negotiate With the LTTE but to make contact with the ordinary people of the North. In this they had succeeded, the delegates said.
GUARDIAN
Wol. 17 No. 21 March 1, 1995
Price Rs. 10.00 |
Published fortnightly by LankaGuardian Publishing Co. Ltd.
No. 246, Unior Place |
Colombo -2.
Editor Mervyn de Silva Telephone: 447584 Printed by Ananda Press 825, Sir Ratnajothi Saravanamuttu Mawalha, Colombo 13. Telephone: 435975
CONTENTS
News Background 2 Conflict Resolution Federalist Press and Privilege 1D Preserving Sri Lanka's
Ancient Remedies 13 Social Sutlinit's
OLltstanding lssues 14. NAM in the Nineties (2) 16 The India Factor in
Sri Lanka's Foreign Policy 1E

Page 4
NEWS BACKGROUND
鬣、
リ
Mervyn de Silva
"Still there are no blood stains on the hands of President Chandrika Bandaranaike Kumaratunga. If by chance she gets her hands spattered with blood she will have to pay for these deeds" Anton Balasingham, principal spokesman of the LTTE at a press conference in Jaffna. (ISLAND, 21/2).
"But there is ground for cautious optimism and two reasons to believe that Mrs. Kumaratunga may succeed where others failed. First she has an electoral mandate to deal with the Tamils....... Secondly, the President announced that the truce is only the first step to negotiations om substantive political issues". (TIMES, London 9/1/95)
The LTTE has never admitted that it killed A, B,or C. In this journal and elsewhere, I have recognised the LTTE response to an official or public allegation as quite unique. First, a flat denial of any LTTE involvement. Secondly several, admirably Well argued reasons why the Wictim deserved to die i.ē.execution. It is In this category surely Mr. Balasingham's remarks on Rajiv Gandhi belong? "The LTTE never assasinate political leaders. As an example we will take the case of Rajiv Gandhi, Rajiv Gandhi sent Indian forces to the north and killed Thore than 10,000 civilians. Many families were left orphaned. The Indian forces were not responsible for those deeds. But those who specific orders to carryout the killings and encouraged them to operate should be held responsible for those murders. We have nothing to do. They destroyed themselves with their actions".
What is important here is the need to read the mind of Mr. Welupillai Prabhakaran clearly - not to delude oneself. Indeed, he himself would obviously prefer to negotiate with a person that understands hin than one who does not. The messages must be read clearly by both parties to the dialogue. It is interesting to note that Mr. Balasingham closed the matter with this remark "We should not look at who killed whom. We Thust knoW why they killed them".
No person, in other Words, is“murdered" by the LTTE. Its "soldiers" kill the "soldiers" of the Sri Lankan (or any other state's) soldiers in the ongoing "war". It
2
"execules"individ thus punished.
Mr. Prabhakara bably study events more closely thani it must now know important to the P. survival and succe dividend'. Dr. Lal sident's economic publicly in the pli Director of the HEL Which sponsors re highest academic its charter) was per Convocation Addr maike Centre for llr December 1993, considering that pé to be held in 1994.
"An important e being able to affor st Tent in human de expenditure being range of 9% to 12% - 1960's to 1979 W level of military ex that period. This ra GDP at a time W developing Worldw: of GDP om arms, S (1993). High hun high unemploymer Lankan recipe fore
Wher the LT TE | tegy, it is safe to pre situation in the South Certainly in Colorn decision-making in be regarded as a m after the parliamen months after the Pri 8-party Peoples' A dent Chandrika Ku difficulties, if not b kara knows this. hooked; not the LTT by issue, the LTTE ided or at least 50 The government an a cessation of host monitors from Ca Netherlands super peace stand-off. No Ard noWith LTT
 

三リ
WESSAGE RIGHT
als Who daserwet0 be
and histop aides proLnd trends in Colombo ty diplomatic mission. hat “peace"ls vitally A.'s broadstrategy for s; iп short, "the peасе ayawardene, the PreIdviser has spelt it out inest language. The SNK-based WIDER, search studies at the evel (that certainly is uaded to give the 11th ass of the Bandaraternational Studies in a timely interwention rliamentary polls had
lement in Sri Lanka the necessary invevelopme it, with Social consistently in the of GNP from theid as her extremely low penditure throughout rely exceeded 1% of hen the rest of the s spending nearly 5% i Lanka's level today" han development and t is a uniquely Sri damic Wicolence".
adership plans straume that the political (and the mass mood, o, the Centre of all listiny island) Would jor item. Six months ary polls, and three sidential contest, the ance (PA) of Presratunga is in serious eiged. Mr. Prabhathe P.A. that is now .Step by step, issue as got What it demaof What it asked for. the Army hawe seen es in place "... with ada, Norway and ing this no War-no Wes lost. Again too. has won another
concession. On Feb. 27, the Sangupiddy-Pooneryn road was opened for civil lian traffic. Deputy Defence Minister Anurudda Rawatte did stress however that the Pooneryn camp would not be moved. "We will move only the bunker line or the Forward Defence Line (FDL) by 500 metres to help the free flow of civilian vehicular and pedestrian traffic...."
"A political solution to the ethnic crisis is insight. Parliament and the people will be informed of every step in the discussions with the LTTE".
"If Sri Lanka can strike a peace deal with the LTTE by April, the country can expect record aid pledges from all its donors" says Roberto Bendtjewodt, the World Bank representative in Colombo. The donor consortium meets in late April in Paris.
Dr. N. Shanmugaratnam, Senior Scientist, Norwegian Centre for International Agricultural Development, has come in from the cold. He is now a visiting Professor Postgraduate Institute of Agriculture, Peradeniya. Like Canada and Holland, Norway has sent monitors to the north to observe "the Cessation of hostilties". Norway has recently cracked the whip of Tamil refugees. 300 may be deported.
In an excellent article published in the Sunday Observereditorial page, Dr. Shanmugaratnam Wrote:
"Unfortunately, so far all that we know is the government is still thinking within or around the fra TheWork of the BandaChelva Pact of 1957. One tends to think that the President and her political advSers hawe just begunto do their homework on the real challenge of working out the regional, institutional and legal dimelsions of devolution. I am not alone in hoping that they would in the shorter possible time move towards facing the stark realities of 1995".
It may be tactically useful, even necessary, for Mr. Prabhakaran to go through the motions of "peace negotiations" - to show the LTTE is reasonable, to ease the pressure on his people, to please the international community but he will NOT betray his cause...... the dream that makes the sacrifices of "his people" meaningful.

Page 5
President denies 'Sunday T may face defamation charge
The editor of a Sri Lankan newspaper grilled by detectives over a story on President Chandrika Bandaranaike Kumaratunga may face defarmation charges, police sald.
They said Kumaratunga had lodged a complaint alleging defamation and denying a report in the independent Sunday Tires that she had attendeda party at a posh hotel.
The Sunday Times, in aspecial column titled "By Our Gossip Columnist", said Kumaratunga spent 90 minutes at Member of Parliament Asitha Perera's birthday party at the Hotel Lanka
Oberoi.
Editor Sinha Ratnatunga was questioned by Criminal Investigations Department (CID) detectives for three and a half hours.
On Tuesday, CID officers questioned reporters at the Sinhalese-language weekly Lakbima over the same story.
Ratnatunga told Reuters police wanted to know Who Wrote the story and who the paper's sources Were.
"I said I can't tell thern that," Ratnatunga said adding that he took responsibility for the story.
He said he first heard Kumaratunga had denied the story when he was under questioning. Had the presidentorheroffice told him the story was wrong, he would have inquired into it and if it was incorrect, published anapology, Ratnatunga said.
Political Solution to ethnic (
by zackiJabbar
Deputy Minister of Defence Anuruddha Ratwatte said in Parliament yesterday that apolitical solution to the ethnic crisis is insight and that Parliament and the people will be informed of every step in the discussions with the LTTE.
Mr. Ratwatte who is also Minister of Irrigation Power and Highways was speaking on the vote on the Ministry of Defence during the Committee stage of the budget debate.
Minister Ratwater said that the peace talks with the LTTE has had an eighty per cent success rate. "There are a few matters that have to be sorted out and once that is done. We should have total peace" he added.
Minister Ratwate earlier said that he was happy that the JWP representative spoke about the Security situation in the country. They fought against the political structure a few years ago. It is commendable that they have entered the political
TinStar".
He said that certain newspapers may attempt to show that the JVP is trying to take up arms again but that is not "correct". If anybody takes up arms once again we will take action against them legally."
The newspapers have been given press freedom but that does not mean that they can act illegally.
A newspaper Editor was questioned because that newspaper had made false allegations. But We did not burn him on tyres like in the past.

imes' report, editor
stories in the same edition had praised her.
Newspapers have critised what they call Kumaratunga's lifestyle, including midnight dinners and private cocktails at top hotels, saying she came to power promising to curb lavish spending by former government.
Kumaratunga has dismissed the allegations, accusing newspapers of printing lies. Last month, the cabinet appointed a committee to discuss action against What it called "bad reporting."
The move drew a chorus of protests from the media and led to a heated exchange between reporters and the usually amiable Media Minister Dharmasiri Senanayake at a news. ciferencēlāst Wk.
Kumaratungahassaid some newspapers were abusing their new-found freedom after her People's Alliance loosened media controls on winning national and p idential polls last year.
Earlier this month, Lasantha Wikrematunga, editor of the Sunday Leader, and his journalist wife were beaten up by an unidentifed gang near their home outside Colombo.
Wickrematunga has been Kumaratunga's fiercest critic with his political commentary often giving intimate details of the president's social life and that of her aides. -(Reuter)
crisis
Some members spoke of the bugging of telephones but can assure you that no such thing is happening now. It happended for 17 long years. But today you are free to talk whetherit be with your boyfriend or girlfriend.
Mr. Susil Moonesinghe:Can you bring: legislation:to parliament to prevent telephone tapping in the future.
-- -
Mr. Ratwate: I will certainly do that. “
Mr. Ratwattesaid that it was noteasy to correct the misdeeds. of 17 long years in a couple of months, but assure you that the promises we have given will be honoured."
The people will beinformed of all steps taken in our peace talks with the LTTE. . .
The agreement signed with the LTTE regarding the cessation of hostilities has already been tabled in the house.
He alleged that some newspapers were reporting untruths about the violation of the cessation of hostilities. There may be few minor skirmishes but some of the reports that appear are grossly exagerated.
He reminded the House that the UNP government had given Orders for the LTTE out that will not happen again, he assured.
"I can assure you that nothing will be done behind the backs of the people. A political settlement with the LTTE is in sight and we will keep this House and the people informed of all developments, he said. -

Page 6
F
coMFLICT RESOLUTION is
Prabhakaran: the m
si scenario is therfore fraught with the ominous potential to trigger of a still more frightful phase of fighting, perhaps Eelam War III which could not be contained by the peace effort alone. HoWeWer, this is not to insinuate that the peace lobby is blissfully unaware of this possibility, but rather to emphasize the
gravity of the situational imponderables
Which might not allow the peace process to take care of itself. A counter argument Which is increasingly gaining currency is that a bilaterally agreed ceasefire backed by a meaningful devolution of power Would lure the LTTE controlled areas into the mainstream politics of the island. This - notion, however, does not take into account the fact that the LTTE has already set up an alternatives government in these areasапdthereby"Usшгресі"погероWer and functions than those can be devolved in terms of the Ninth Schedule of the Thirteenth Amendment to the Constitution. The only constraint on the unfettered exercise of the de facto governance of these areas by the LTTE is the presence of the government security in their midst. They too will be confined to bases when
When this apprc blerTS WOrséried Orė, Čof the SanTe greater force. Th the error, and do lifetime of it.0|[[lit. theпп, апdonly on open: vigorous,
application of forc
It feeds to be connection that the bhakaran, is no mari n.derant majority of hawe had mo asso the TitirSEl Sociali entire life pattem ha a single dominant f them and againstth nces, either transfe battle-hardenedgue officialdom or marg Jaffna political miliel exceedingly-dauntir past several relative accords have been what at one point implaccably bitter riv
the ćeasefire isin force. In the circumsta- Pools that no hadir nces, it will become necessary for the of for that matter,
Tigers tobarter some of their prize achievements with a government largesse of dubious benefit. Only a cursory glance at the present and past separatiststruggles will confirm that no guerilla movement as firmly ensconced in power as the LTTE has Willingly submitted itself to such an inglorious end to its cause. Es
fthele
This brings US to the ambito eade rship in Tamil politics. For, to give peace
Eachance, it is imperative that the decision
Triment can long, re pressure brought it propitious moment
thout. At the presen international mediati intensity conflict can pated, and even if it likely that the interna
T
te from its well.
ping up the underdo
the knuckles. On its des, the LTTE has
making group at the helm of Tamil politics paying all but totaldi: shouldadoptaconciliatory attitude toward Analopinion when
the South's overtures. In this context, what
an eminent political Scientist has said
awowed interests, W from the Tamil diasp
about the Vietcong appears of equal rele- the world with no con
wance to illustrate the mindset of the LTTE.
rted some influence Tamil political group
Says, Douglas Pike,
"To the battle-hard Vietcong "only one approach was known: Smash the oppoisition, Crush the resistance, apply ma-.
ximum force at all
The author is Daar, Faculty of Linsversly,
its at all times. points at all times
Arts Colombo
4
only extranationale
India, at first as their the LTTE's beteor now apparently prefe lopments across the nes, now that sheh fingers while trying to the COS.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

the response Was further application of is tactic compunded wn the spiral went. A at had conditioned a policy response was PellertleSS, SLIStained
Ole in Tind in this Tiger supremo, Praonette and the prepohis teenage charges ciation With the E SOUfe. In fact the latters' s been conditioned by actor force, used by en. In the circumstaJrming thern from a trilla group to a civilian inalising them in the is bound to prove an gtask. In the recent aly successful peace Concluded betWeen of time Was seen as 'al political factionsle guerilla movernent self assured govemain impervious to O bear on it at the from Within and WitrTOIThent no-SériOUS om in Sri Larıka’s loWbe realistically anticidoes, it would not be tional community Will -known policy of prog to rap the LTTE om Waywardness. Besiconsistent record of gregard for internatiotgoes against their hilst collecting funds por scattered allower punctions. By far the ntity which has exeOWEarthe Sri Lankar sis, not surprisingly, batron Saintar dlater, e. However, she too sto Watch the devePalk from the Sidelias already burnt her haul the Tigers over
.
ach failed and pro
of force
The typical Southern approach to Jaffna conLindrum had been to Compal change when it might have been induced, and the North, I more as rule: than ithe exception, counteracted such moves by a show of defiance. To the LTTE, a change of government in the South represents a mere change in the label of the Sinhallese hegemonism. Hence the need to distance itself from the electoral process leading to it. At the General Elections held om 16 August, 1994, the Tiger stronghold of the Jaffna province recorded only a 2.3% of the registered votes, that too in areas controlled by the security forces. What is more to the point as being demonstrative of the LTTE's intentions is the fact that it boycotted the Presidential Electio SaS Well, held or 9th NowerTTıber,
1994 (total number of votes polled: 2.97%
of the registered votes) when it had already reciprocated the government's peace move. It is therefore, clear that the government's good intentions alone cannot bring about a change of heart in the powers-that-be in Jaffna. Logically, the South's militant pacifist lobby will be no exception to this yardstick because of their close identity with the P.A. political circles.
エ
This leaves the inhabitants of the Northern, and to a lesser extent, Eastern provinces as the sole social constitutuericy capable of Taking an impact on the destiny of the proposed political settlement. To develop their full potential as a catalyst, it is of utmost importance to launch a well-planned strategy with a great deal of patience and understanding. Confidence building among the minority communities in general should necessarily be the first step in this direction at the Consummation of which they will have no lingering qualms about the political bona fides of the new dispensation. Alongside, a concerted effort needs to be undertaken in earnest to alleviate the hardships p: rienced by the ordinary people in the North and the East. Undoubtedly, the surestway to win the hearts and minds of the people caught up in the War-enforced austerities is through the stomach. It would, however, be too simplistic to believe that meliorism holds true at all times and places. In the peculiar situation obtaining in Sri Lanka's. Eti Strife, su cessful government sponsored soci-economic programmes

Page 7
aimed at attracting the malcontent Tamil Community back to the mainstream pol|- tics can bring forth quite the opposite of the desired result. An aspect of paramount Importance which the Ineliorist school of thinking often lose sight of is that the LTTE regime has brought home to the Tamil people living in these localities a new awareness of their communal identity coupled with a strong sense of self-confidence. When combined with improved economic conditions, this burgeoning selfawareness can operate as a strong disicentive to coalesce with the predominantly Sinhalese provinces under Whatever constitutional arrangement. On the other hand, if the pace and the substance of the socio-economic face-lift overtakes political reforms necessary to accommodate the new leadership needs, the recourse to sheer force Will not be sufficient for the LTTE hierarchy prevent the internal contradictions inherent in such a situatio from imploding. Either way, this will represent a Watershed stage in the intercommunal and intracommunity relations of Sri Lankam polity.
If at this stage the government could capitalise on the growing receptivity of the Tarmil community to a political Settler ment by proffering a substantial devolution package, it would end itself to unbend the obduracy of the Tani militants in more than one way. Foronething, the personal Idiosyncracies and ideological differences that exist within the Tamil hierarchy which had hitherto lain quiBSCEert in the face of the presence of a "common enemy" Would begin to surface. When what the Tamil community perceive to be the "exterial oppressor' is distanced, a Tower tent bor OL ut of the disemchantment With the Sinhalese-dominated governments failure to accommodate their aspirations will nothesitate to challenge the Leviathan in their midst.
N0 lessurenviable Would be the predicament of the government at this juncture. Before delivering the promised political package, it needs to deter nine the exact Unit of devolution - a thorny issue, the fumbling search for which has already Sapped the energies of several government-sponsored cort littees and taxed the genius of the Southern intellectuals. At the centre of the dispute is the amalgamation of the Northern and Eastern Provincesto for none administrative unit under the clause 2,2 of the Indo-Lanka Accord signed in July 1987. The Accord envisaged this merger to be an interimarrangement Which Could beanu|lled or continued in perpetuity as would be decided by the voters of the Eastern Province at a referendum. But the gove
rnment in power at stponing the date ol DeCerTiber 31, 1988 the deteriorating se it impossible to COr Eastern Province. of unified North-E: bECOIThe O55ified Int community living in: thereby windicating concept of establis land" encampassing Cal habitatior of Sri king people" as lai Lanka ACCOrd.
Whatever the circ it, the merger has r purposes, a vast tr With Torethan ole coast of Sri Lanka, 15 percent of the isla Tiro LJS Wilhere: situation has been f the existence of S Sirhale.Se encla WESE Lur Tibert Ta'ils administrative distric wince (Trincomale 33.6% Muslims 2 Sinhalasé 37.6%är bring the latter un adrThimistratiVë Units the majority biased ntation system that Lankan Parliament.
No less controver tio of th19 - TriTEO proposed power di mest to TSCal hero Exchaпge аппехес Agreement both agreed that:-
TrirnCOrTalBB OT Larkawill nott military Use by nner prejudicia The Work Of TE: the TriCorale be undertaken between India;
Even if it can be the Indo-Laka ACC reduced to a dead of India's ambitious ping a powerful blue Currently underWay to View with eduan TrinСOmalee harbou of a hostile power. of India's unfriendly factions is undoubt not only humiliated added gross insult

the time kept om pothe referendum from Until such time. When 'curity situation made ducta plebiscite in the Meanwhile the Otion astern Province had he psyche of the Tamil all parts of the country, the feasibility of the hinga "Tamil homeg"the areas of histori
Lапkап Таппll speald down in the Indo
unstances that led to made, for all practical act of land, together half of the entire Sea occupied by less than arld's population cotest of the country. This urther confounded by izeable. Musli and Who, together, Out
in two of the three icts in the Eastern proDistrict, Sinhalese 2.0%, Ampara District: d Muslims 41.6%). To der a single OrtWO Would be to replicate anomalous represe3xist in the present Sri
sial Would be the posihalee harbour in the spensation. It is pertithat in the Letters of to the Indo-Lanka golweTTents hawe
any other ports in Sri
be made available for any country in a паto India's interests. storing and operating 18 Oil Tark FarT1 WI as a joint Venture and Sri Lanka.
justifiably argued that ord has already been letter, in the Context programme of develo2 Water navy which is , she is not likely imity the prospect of Irfalling into the hands Andranked at the top 'powers and political edly the LTTE which the mighty. IPKF but by allegedly assassi
nating the Prime Minister Rajiv Gandhi.
Assuming that a modus vivendion most of the contentions issues with Tamil militants is established for Which the tacit Concurrence, if not blessing, of the Indian authorities is successfully garnered, Colombo will still be left with a problem of gargantuan proportions to grapple with, before a lasting peace becomes anywherenear a reality, i.e., selling the North-East devolution package to the people in the South. Given the multiplicity of factors that Can be expected to Converge om a TormertOUS national issue of this Scale, the South's reaction to this move will crystalliZe only at the point of time of its actual implementation. But the broad lines along which the Sinhalese and Muslim response is expected to articulate are already disceľThible.
Undoubtedly the main bome of contention will be the question of the North-East merger, thrust on the people of Sri Lanka as a fait accompli under an emergency regulation proclaimed by the then President, J.R. Jayawardene. On this issue the entire indigenous. Tamil cornmunity and the non-Tamils have taken up diametrica|ly opposite positions. The impasse can only be resolved if both factions agree on the compromise formula. As of now, the Tamil militants' position that the merger is permanent and non-negotiable leaves little or no room for a negotiated settlement on this wital issue, thereby styming further Contemplation om possible modalities of devolution of power.
Whatever the outcome of the merger issue, to Confer Substantial autonomus powers. On the North and the East alone would be seen as invidiuostreatment by the rest of country. The only way to redress the imbalance would be to grant identical packages of enhanced devolution to all Provincial Councils. Besides remedying what would otherwise hawe been a constitutional and administrative anomaly, this atta ngement could also be a palliative to the much-maligned over-concentration of power in the central legislature. But our recent experience has been that the Provincial Councils, unless organically linked with and made accountable to the Parliament, tend to act waywardly and compete with Orleanother to befit the irriage best described in popular parlance as 'white elephants', Devising a constitutional structure and an electoral system which will, on the one hand, concede a meaningful devolution package not only to the North and the East but to the rest of the regional units as welland organicaily link thern with the central legislature, on the other hand, is the challenge now facing the nation.

Page 8
FEDERALISM
Federalism and Intergc
Nirgunan Tiruchelvam
Did President Reagan's attempted reforms of relations between the federal and state fail?
There are three questions which need to be addressed in this paper. What were President Reagan's stated intentions for revamping federalism? We must delineate What We understand by Regan's atteTipted reforms. Secondly, we must examine, how he sought to implement these reforms, in other Words, What aspects of Regan's agenda were part of his attempt to revamp federalism? Finally, We Thust determine the obstacles to Reagan's reforms.
President Reagan expressed his desire to revamp American federalism in his inaugural address in 1981. He observed that "all of us need to be reminded that the Federal government did not create the states; the states Created the federal government" (Nathan, p.84). Stated succintly, the Reagan administration, at least ostensibly, stood for a greater devolution of responsibility. National financial support along with federal rules and staIndards were to be reduced or eliminated wherewer possible.
Reagan's ambitions were inline with the notion of dual federalist, which has often been supported by conservative administrations. Reagan was against the growth of federal government and of its responsibilities. A brief examination of what dual federalistentails would illustrate Reagan's objectives.
One of the key proponents of this view of federalism was Arthur W. MacMahon. He described federalism as a system of politics that "distributes power between a common and Constituent gover Timents Lunder an arrangement that Carnot be changed by the ordinary process of central legislation". It can be changed only by constitutional amendment. For Macmahon, a further defining characteristic of federalism was that matters entrustedtotheconstituentunits (Whethertheir
The Writer is a FeSearch ASSISfarf af ffe
P.S.
powers are residu be substantial. Cl. the dualistic approa Dillon's rule. This is governments are CI Theirboundaries, f are determined by tutional validity of
federalis Tn els Seer indent. The tenth that there are pow states. These powe powers not granted rTiment Or Wthheld |
Reagan echoedt Tipaign promises at subsequent statest E reforTT federalisT1 is ideological comrnitri ssez faire". Reagan domestic spending President disliked a federal taxes.
How did Reagan ci objectives?
Aprimary feature { zation of the interg Was the desire to cut and taxes. Spending the mainstay of the honeymoon year - country from whatt the "Worst economic pression", spending presented as the ke mployment and con
The adoption of Budget Reconciliatic FY 1981, meant th, achieved the first a federal aid in 3 dec federalaid spending in FY 1981 to S 88. The S6 billion decre billion decline forem assistance and a mc in highway grants. ption of the econor reduced federal tax 1981. Billed as th history, the act caus
-

Vernmental Relations
or delegated) must sely associated with hto federalism is the he idea that the local atures of the states. nctions and finances le States. The Constihis dualistic view of in the tenth artnemendmet Iridicate:S ers reserved for the rs are the residue of to the federal goverom the states.
these principles in caOutfederalism and in ints. Reagan's urge to
closely linked to his lent for unfunded "laiWished to hold down on programs that the nd to justify reduced
arry out these
if Reagan's reorganiWernmental Situation federal expenditures and tax restraint Was major reforms in the 1981. To rescue the 18 President térTed : mess since the deand tax cuts Were # to eliminating unerolling inflation.
he historic Orsinibus n Act (OBRA) during t the administration solute reduction of deš. Due to OBRA, el frOTS 94.8 billion է Խ|tյm im FM 1982, Se included a SS 2.6 loyment and training ethan S1 billion fall he subsequent adoic recovery tax act avепues in August largest tax cut in da revenue loss of
$1 trillion till 1987. According to Nathan et al, because Tanystate and local incometaxes are tied to federal tax schedules and rules, this measure cut their revenues. State and local officials wie Wed the Reagan inspired changes as dangerous. State governors expressed their displeasure at the change and asked to be consuited before further changes.
In actuality, the historic cutin federalaid for social programs did not affect the states to the extent of the administration's rhetoric. The plan of turning back federal programs to sub-national governments was completely fulfilled as a result of 1981 changes. A comprehensive study conducted by Nathan and others shows that the cuts were not as large as expected and the states were more affected by the 1981-2 recession. A survey conducted by Nathan and others shows that the Cuts Were not as large as expected and the states were occupied by the 1981-82 recession. A survey conducted in Stainford, Connecticut shows only modest evidence of impacton city agencies by the budgeticuts. The effects offederalaidicuts and taxation reductions were neutralized by the recession, which made Congress react with 2 measures. In FY 1982, federal aid outlays began to rise again. The figuгеsachievedпomiпalfigures equaltothe Carter years. However, the desired effect of increased aid did not materialize in the same way. Reagan had wanted the states to do more and they did do more. State aid to local government, which had been relatively constant in real terms between 77 and 83, rose at a fasterpace between 1983 and 1987 at a real annual rate of 5.2%. After 1982, state aid to local bodies exceeded federal aid to local bodies,
However, this development was somewhat fortuitous for the Reagan administration. It cannot be completely attributed to the 1981 changes. States on the whole benefitted materially from strong recoveries from the 1981-2 recession. Corsequently, they had funds to expand their programs in the local affairs in which the administration was cutting federal aid.
Further tax and budgetary reform in the

Page 9
federal system was seen in the Tax Reform Act of 1985. "The act drew a distinction between public and private use bonds and restricted tax exemption to the former sort". Public use included speinding on bridges and roads and excluded housing, development or convention certres. Private contractors had their tax exemption on a public bond reduced to 10%. Due to these changes the number of Tunicipal bonds issued fell from $20 billion in 1985 to S100 billion in 1987. Local governments were able to compete in the marketplace and no longer enjoyed subsidy financing. The local bodies had lost an important source of financing. This was part of the Reagan agenda of introdu cing laissez faire measures in the adminiStratiOn.
Reducing categorical Grants
Along with reducing federal aid and assistance to sub-national government, the Reagan's new federalism strategy entailed replacement of Categorical grants. This takes us to the next objective of new federalism. First created in 1959, the categorical grants numbered 492 national programs in 1980. This was an increase from 379 in 1967. Grant Consolidation had long been advocated as away of simplifying federal-state-local management. Bureaucratic delaycan be reduced by amalgamating closely related programs. In addition, state governments are given the flexibility they require to attack priority problems. For instance, in 1981, there were so the 113 federal education aid programs in economic developments. Reagan's strategy of grant consolidation had two additional elements. They were linked to substantial funding reductions and emphasized the role of the states. This additional dimension meant that it Was Tot the administrative Terit but the fiscal stringency which was the factor. The concentration of the block grants in the state's hands meant that Centralization Within the state structure occurred.
Newertheless, the OBRA of 1981 saw the ending of 60 categorical grants. A further 77 grants were merged into 9 block grants in the states. For instance, all 50 states accepted the Preventive Health and Health Service, 37 states participated in HUDs community development block grants.
However, after the initial triumph of 1981, the centralizing forces of the Congress and bureaucracy reduced the discretion of the block grants. Congress
may demandado assess program pe rticularly so in the grant. Increased usually followed di re Over, after the CI grants in 1981-2, C reluctant to support In 1982, the Presi nding 3 social ser creating new block sole program which Comprehensive E Act (CETA) progra in 1983 to create rejected. So, apart res, the administrat block gant progra which halts central ccessful. After 1981 cals that Were Cons minor educational education. Althoug categorical grants f 400 in '84, this did ssful effort at reduci lism. The congress Supports It Is an im path of dual federal later.
Welfare reform
The next area W WaS relevant Was reforn. The admini by a growing numb dependent on thes Reaganadministrati Welfare was to hol nding, eliminale fra ndency. With regar ntal relations, the a Cerned With the in nal Welfare policy, L. had matching gra W0 Luld be better a C controlled programs ration that Reagan pping of Welfare res state and federal b. Trents Would aSS nsibility for food sta for Families. With The federal govern introl of Medicaid.
This proposal for ted responses fron NGA. it was a dism
Regulatory reform
A final aspect of agenda was the fed

ionalinformation:to fomance.This isраSocial Services block federal supervision covery of abuse. Molation of many block ongress proved to be further consolidation. ient.proposed exраrice blockgrants and grant programs. The was adopted Was the mployment Training n. A similar proposal 4 mega-blocks was rom the 1981 measuon's efforts to create ns as an institution zation, proved unsumost of the categoridered were relatively rograms, like metric the total number of el from 494 in '80 to otrepresent a succeng centralized federaional structure which Ortant bulwark in the Srn aS Shall bE SBBr
here new federalism the issue of Welfare stration was haunted af os destitute people tate for support. The оп'sgeneralpolicyon down Welfare speId and reduce deped to inter-governmeministration was coqualities of the nationder which all states its. All these goals hieved through state
It is with this conside
proposed the Swaonsibilities between anches. State govemе сопрlete resроmps and AFDC (Aid ependent Children). ment WOLuld take Co
Welfare had very limCongress and the failure.
the new federalism falregulatory reform.
The Wastefulness and inefficiency of the federal regulation could be partly resolved by devolving power. The administration beliewed that it Could Sawe S 23.9 billio over the first 5 years of its term by regulatory reform. A Task Force on Regulatory Relief chaired by Vice President George Bush recommended further reform in 1983. The regulatory reform was undertakenthrough executive orders. An important example of this was executive order 12372 in 1983. This permitted elected state and local officials to decide Which federal grant programs to review. The order required federal agencies to accoTimodate the recommendations of state and local officials. This order along with two others in 1981 and 1987, established that federal agencies should "refrain, to the maximum extent possible, from establishing uniforminational standards for programs and, when possible defer to the states to establish standards". Due to judicial and congressional pressure, the only changes have been through executiWe orders. Limited statutory changes have been enacted in this department. Though the administration began with greatenthusiasm, there were many obstacles. A regulatory policy expert Murray L. Weidenbaum concluded that "only a fraction of the regulatory reforms envisioned at the start of 1981 have been accomplished. Evidence of this is seen in the case of chemicals in the Workplace and the OSHA in November, 1983. When OSHA announced new rules requiring firms to inform their workers of dangerous chemicals, the trade unions claimed that these rules were incompatible with "the right to know" laws of 18 states. Hence, there was congressional pressure to rescind the new measures. Paradoxically, some of the regulaory reforms of the administration strengthened the national branch. For instamce, new federal regulation for national product liability insurance were introduced in 1987.
What Were the obstacles to intergovernmental reform?
Hence, one sees that except for the advances in grant Consolidation and budgeting in 1981,there hasnot beensignif|- cant changes in federal-state relations. The rhetoric of the administration has not been matched by action. One can attribute this to three factors; the electoral compuIsions of Congress, the instituionalizaton of the inter-governmental bureaucracy and the Supreme Court.
Firstly, it must be acknowledged that
7

Page 10
Congressmen require the i categorical grants for electoral purposes. Categorical grants still constituted 84% of all federal grant outlays in 1986. The growth of categorical grants since 1959, can be attributed to the need for congressment to deliver benefit and Services to their electorates. The committee structure minimized conflicts about the grants. The conditions linked to the grants enhance the image of Congressmen. Moreover, legislative Credit for allocation is earned by members through grants to institutions like municpalities, schools districts, and other small government institutions. By the 1970s, a quarter of all federal grant-funds went directly to local government (not via state government). Chubb claims that the Reagan reforms of - 1981-2 || Were achie Wed under exceptional circurnstances of electoral tax cuts, partly defections and presdential persuasions. Nevertheless, the grant Consolidation and reduction was achieved without significantly freeing the states offederalaid, as Was derTorstrated above.
A Second factor ensuring centralization is the vastness of the inter-governmental bureaucracy, which is federally funded. The inter-governmental arises due to the need for information and expertise by Congress in administering some 400 categorical grant programs. A similar need for information and expertisse links the inter-governmental bureaucracy with the sub-national bureaucracy. The inter-goVernmental bureaucracy has an incentive to press for continuation of the centralization due to its special role. This view has been advanced by Chubb and Bender.
Thirdly, the notion of dual fedralism has been challenged by the Supreme Court On several occassions since the New Deal. The Scheter Poultry Corporation v. US judgement has been followed by judgements that take a more flexible view of legislative delegations. Moreover, since Scheter there hawe been judgemnts which hawe diluted the tenth amemdiment. The Scheter judgement implied that Congress is not allowed to abdicate or delegate its essential legislative functions. In addition, Scheterestablished that Congress or the President could not determine municipal COITII mercial activity. However, What is Crucal to the failure of Reagan's bid was the Overturning of NLC v. Usery by Garcia v. SAMTA (1985). The most recent judgemmt held that the states will hawe to request Congress for new legislative power if they wanted to avoid having
B
federal standards is this constitution Reagan's advocal and the reservatio
Conclusion
One must recog insufficient to achie outlined by Reagar With some excep tion's actions did The reduction ingr b0dieS i Teant thal authority but less n the States had les that authority.
The planned dew enhancement of th
T
rேu W. E.
Á fléLL
Tok Di

pplied to them. There
dispute which affects
yof dual federalism
of state powers.
lize that eight:years ls ve the ambitious plans at thB Start of his terTT. ions, the administralot match its rhetoric. ants to local and state the states got more oney. In other words, flexibility to exercise
olution of authority and estate's power failed
due to the combination of three factors. Congressional, bureaucratic and judicial obstacles thwarted Reagan's reforms in several fields. As explained above, these centralizing factors are inherent in the America polity.
However, Reagan's new Federalism Tust be viewed in the context of his other plansfor creatingaminimalistand marketoriented state. Perhaps that, not rewamping federalism, was his prime objectve. The lack of clarity in objectives Worsened the failure of the reforms. The real purpose of the new federalism was to hold down domestic spending on programs the president did not like. In addition, the "reforms' were designed to put a lidon new federal taxes.
: scholars Tale - 22
ally or this Global Netuxork ectronics superceding prudent brairuork breed numbed of though for feelings Ler Statecraf Scifident dealings
statesmen blinked facinated at the Graphics des Livere processed SLLifty Ento magic alaesor all Socials. rashing Markets to the closure of Mills
ictorian draught horses logged on the Barking racecourses nirlating liue labour as resources boost the free play of Forces
ulation became Ticroscopic esly siphoning of profit
the Fürst World clients of the Barks handouts to crank up their Cranks
from Irutellectual PropeTty re and Harduare пиpperty aid capital accumulation has Third World exploitation Heros orders LUere to tune il Globall 2stment in Slaue abour locally
hile the neu Executive Monouirate Јіп оп a tuлепfyЈошrpercentпъandate mmed its örtrtings on olur. Heras sofluare Patriotism for its Turnpet farfare
e offspring someuhatas before ter Tuity the IMF chose to demur ascist Exture of Free Markets and patriotism 2 the Nineties mystic contradiction.
J. Karunatilake

Page 11
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Page 12
Press and Privileg
|| G. L. Pieris
t is considered supremely important for the functioning of representative democracy that members of the elected legislature should feel free to express their views without being intimidated by the prospect of legal liability. The attitude of the law is that the protection available to the maker of the defamatory statement in the public interest is quite independent of the purpose for which the defamatory statement is Tade, ܒ ܐ ܕ ܒ ܬܐ
A similar attitude has been adopted by the modern law in regard to defamatory statements made by judges of the establiished Courts, parties to legal proceedings, COUnSel representing them and Witnesses who are called upon to testify. In these Contexts the classical Roman-Dutch law recognised only a qualified privilege'. In keeping with this approach legal protection existed only if the making of the defamatory statement was sufficiently connected with the scope and objective of the legal proceedings. However, the mode law of Sri Lanka Which has Todified the attitude of Roman-Dutch law in order to accort Todate rather different assumptions underlying English law, has draTnatically expanded the ambit of the protection granted. In our country today, in the setting of judicial proceedings, privilege is not restricted by the nature of the motive which lies behind the defamatory statement, and the protection conferred by the law is consequently not defeasible by the clearest proof of malice. What is involved here, at bottom, is a fundamental policy judgment. The philosophy of the law is that the aim of providing the participants in judicial proceedings with the unfettered opportunity to speak without fears of such Central concer in that it prewalls against the right of an individual that his reputation should not be violated. In the light of all these instances it is clear that the right of individual to the integrity of his reputation is not looked upon by the law as an absolute or sacrosanct right. On the co
ntrary, the parameters of this right need
to be circumscribéd in Order to cater to other social values which are upheld in Competition.
It could happen that a пewspapercompany received information relating to the
10
s
incidence of enfor fishing willage domi personality from th case it is often pai situation that only' reliable information de' information Wi rsons who will spea COnditor that their guarded secret. Thi a Luthéntic: infoTTiati thin a narrow circle that circle Who ch mself readily identif rce. Guita often l information stems f Iries among those socially harmful act Cormitted or COIC police officer mayb diate officer who ment With hils Superi setting, information ruption or other dis may be forthcomir village who are mo ill-will for some p. Cases no informatic äll if there is a risi identity of the sour Sons, a person wł prompted to speak Wounded feelings c rice may hesitate retribution, since the the person against is Supplied, particu prominent station retaliate. These are rations of social ps niy such as ours.
All this underline: to Confer SOThe de the provider of info of furnishing him wil anonymity will besc This is an aspect known as privilege of the doctrine of . evidence is to fortif relationships which Walue to the Commit identificatio of relat this degree of prote influenced by socia

ced child abour in a nated by an influential e area. In this type of rt of the reality of the "inside" information is I, and naturally, "insiIl be provided by pekatal only on the firm dentity iskeptaclosely ereason for this is that on is available only Wiand any person within OSes to speak, is hiiable as altainted SOLUhe desire to provide rom quarrels and riwain Wolved in Criminal Dr tivities. A crime that is ealed by an influential se exposed by a subo
has had a disagreeor, Especially in a rural
relating to crime, cohonourable behaviour gfrom persons in the tivated by jealousy or atty reason. In these In Will bB aWallable at of disclosure of the Ce. Amongother rea10 may otherwise be ; in Order to assLage irto wentilate a griewatÒ dO SO for fear of are is a probability that Whort the infortation larly if he occupies a in life, will decide to Very relevant considechology in a commu
s the need for the law gree of protection on ration to the extent ha gLuarantee that his rupLulOLSlypreserWed. of the legal doctrine . The Overall function Drivilege in the law of y the confidentiality of
are thought to be of unity as a whole. The tionships which attract :ction under the law is land cultural factors
which wary from time to time in keeping With prevailing values. The relationship between husband and wife and that between legal adviser and client exemplify situations in which the law, by resorting to the mechanism of privilege, is prepared to uphold total confidentiality. The practical effect of application of the doctrines of marital privilege and legal professional privilege is that a wife cannot be compeled in legal proceedings to disclose any COTmunicatin made to her in confidence by her husband during the subsistence of their marriage, any more than a legal adviser can be compelled under oath in a Court of law to divulge an admission made to him by his client within the frameWork of the professional relationship. The question for us is whether a similar privilege should be conceded by the law, enabling a journalist to refuse to disclose in civil or criminal proceedings, the identity of the source from which he has obtained his information. If a journalistic privilege, SO Conceived, Were to be withheld and if the journalist Were Compellable to name the party from whom the information has been elicited, there is a real danger that Sources of valuable information will dry up With irretrievable damage to the vigour E. effectiveness of investigative journa|ET
Protecting Sources
Does this mean, ther, that confidentialty of the sources of information used by journalists should be protected by the law as an absolute value in the interest of free flow of information? Unfortunately, there are dangers inherent in this course of action as well. This will enable persons inspired by petty or malicious motives to Supply false or misleading information to journalists and, after the defamatory material is communicated to the public by the journalist, the person from who in the inforrnation proceeds will be protected in civil proceedings by the cloak of anonymity in which hera Tains enshrouded as a result of the privilege which is successfully claimed by the journalist reaponsible for the
publication. This form of blanket immunity
available to persons providing information to journalists cannot, in the ultimate amalysis, serve the interest of the community,

Page 13
since it could encourage irresponsible attacks on individuals by persons lacking the courage to come forward and to identify themselves. It follows that the law must be cautions and discriminating in demarcating the circumstances in which to protective mechanism of privilege is recognised in respect of information provided by members of the public for journalists to make use of in their Work. The nature and Social Walue of the infotation that is supplied, the reason why it is disclosed and the purpose sought to be achieved by the person making the communication are alrelevant factors which ought to be taken into account by the law in deciding whether invocation of privilege by journalists is warranited in a DartiCLular CaSE2.
The interplay of these elements as part of the fabric of the law is made clear by the facts of a case which Was decided by the Courts of England a few years ago. The case concerned the publication by the Society for the Prevention of Cruelty to Children in England, of some alleged facts relaiting to abuse and ill-treatment of a child. The substance of the States Tient published by the defendant was that the child's other had been guilty of ill-treatrilent of the child in circutstances which could not but arouse public indignation. The Society for Prevention of Cruelty of Children, in making this statement, made use of Tlaterial which had been communicated to the Society in confidence by persons who purported to have first-hand knowledge of the facts of the case. The child's Tother suffered a reWous breakdown in consequence of the public reaction to the publica iton of the Society's statement. Claiming that persons who had reason to dislike her and to hold her up to public ridicule and contempt had conveyed substantially false information to the Society, the childs' mother sought in civil proceedings to compel the Society for the Prevention of Cruelty to children to disclose the identity of its sources of informatiom, so that she could institute appropriate proceedings against them.
This litigation, which Went up to the House of Lords, indicates in a Wivid fort the competing considerations which the courts have found it necessary to reflect upon in resolving this difficult problem of public policy. The arguments on the side of the child's Tother may seem overwhelming. She contended that she was the helpless victim of a conspiracy which was designed to alienate her from the Social
circles in Which she OL ut that thOSE W10|| Version of the incl. Society Would natur badly of her and te She argued that thi Tid Which Sh Sul legal remedy if the her access top: needed regarding who made allegatic absence of this info ble to Seeka judicial who had caused terms of her social tion.
It is interesting arguments of policy sing side were no Society for the Pre Children argued the tion discharging crl ctions under the a rred by statue. It is is to perform its ta: of necessity, rely ol it through a variety among these char Eerstwhile frieds ar of Work who acquire Cases ofchild abus duty to make thisk the proper public alleviate the Condit is no doubt that Si second thoughts With a public autho that, in doing so, having their ident With the accompar being launched ag the argumentombe that a guarantee of to the sources of absolutely essentia accomplish the obje of which it Wasbro
This argument W nce, by the House that, if the Society the instance of an disclose the name Work Would be a Their Lordships M ruling allowed sort unscrupulous pers lege conferred by { impunity in vendel notWithstanding thi Lords Was Convinc

moved. She pointed read and believed the lent published by the ally be inclined to think h shun heгi сопрапу. e excruciating paim of fered could attract no law refused to permit articulars which she the identity of those ins against her. In the ration, she was uraremedy against those Ier irreparable loss im standing and reputa
O Cote that the riwa adducedion theорроless compelling. The 2wention of Cruelty to at ther SW a Sarthir StitLlcial Social Welfare fULegis of powers Confelain that, if the society sk adequately, it must information reaching of channels. Not least nels are neighbours, Idassociates in places a knowledge regarding e and consider it their nowledge available to authority in order to ion of the child. There Jch persons Will have about communicating rity if they were aware they incur the risk of ty publiciy disclosed, nying perill of litigation ainst them. The gist of shalf of the Society was condifentiality relating their information Was ul if the Society were to actives forthefulfilment ught into being.
was upheld, in substaof Lords which agreed could be compelled at aggrieved individual to s of its informants, its most totally stultified. ereindful that this Le degree of Scope for ons to abuse the privithe law to engage with ttas of their own. But, sdanger, the House of ed, on the facts of the
case before the T1, that the importance of the welfare functions with which the public İnstitution Was Britrusted and the İmpossibility of gathering sensitive information without violating the confidence subject to which the information was supplied, justify recognition of the privilege claimed.
The attitude of Todern Courts is to attempt a case by case evaluation of the equitles for and against disclosure, in order to determine onbalance whether the social interest is better served by preservation of confidentiality or by revealing the identity of the sources from which the information emanates. The developing law is supportive, on the whole, of a discretionary approach which enables the courts, in the light of the facts and the setting of a particular problem, to decide imaginatively how the overall advantage of the community could best be promoted. The consistent movement in the evolving law is towards expansion of the area of disclosure and restriction of the limits Within which prlilege can be applied legitimately. Prevailing judicial attitudes recoil from secrecy and highlight the value of uninhibited access to information on the completeness of which the proper outcoThe of litigation depends. The courts are, therefore, reluctant to exclude vital information from the ambit of disclosure on Such grounds as public Interest immunity which are directed towards protection of particularly Wulnerable state interests.
The widespread conviction today in all judical tribunals with regard to the reception and assessment of evidence is that the quality of justice is likely to be enriched by as extended an application as possible of the principle of openness. At the same tir T9, it is uidemiable" that there Contin Le to be situations in which accurate infort Thaition, indispensable as the basis of decisioms in importantsectors of publicadministration, can realistically be obtained only шpon the assurance of secrecy. For instance, a public authority, in deciding. Whether to issue algun licence or to grant a licence for a casino of a liquor shop, Thay find it necessary to be guided by police reports which are themselves based largely on first hand information volunteered by persons who will not be prepared to come forward With inforTation unleSS absolute Secrecy regarding their identity is promised. In the area of enforcement of tax or other reverus laws, and also in regard to the detection of smuggling at airports and harbours, information which

Page 14
is vital for the purpose of securing compliarice With the law is often available only subject to the rigid condition of confidentiality. The truth, then, is that the expaInding frontiers of the principle of openess, Which certainly captures the spirit of the modern law in regard to the admission of relevant evidence injudicial proceedings, still needs to be held in check in some limited areas Where anelement of reserwe is necessary for effective law enforcement. Subject to these inevitable coinstraints, there is every reason, as a matter of policy, to uphold as part of the contemporary law a form of journalistic privilege which entails inviolability of the Sources of information to owhich journalists hawe recourse in their Investigative Work.
Environmental influence
Since a journalist Works in a given social Setting, he is necessarily influenced by the attitudes and values which pervade the Social and Cultural environment at any given time. While this is entirely healthy, insofarasit makes for the relevance and broad acceptability of the stance of a journalist in regard to fundamental social questions, the Work of a journalist should by no means represent a Techanical reflection of prevailing values and resporises. It is the aim of a journalist not merely to capture the spirit of prevailing public opinion but to fashion and mould that Opinion in accordance with sound priorities as he perceives them. There are context in which traditional values and patterns of thought need to be departed from in order to give the fullest expression to ideas of equity and fairness which are typical of the mood of a new age. In all epoche of history, When a social transformation was taking place and when new values and standards were emerging in response to current requirements, those in the wanguard of stimulating the developoment of public opiniom hawe had to Luse their insight and sensitivity to discharge a didactic function. This is true of al major innovative currents in the history of human ideas and institutions. The campaign for the abolition of slavery in the United States, the demandfor Social justice in labour relations after the Industrial Revolution in Europe and the growing intemational support for nuclear disarmament in our own times are examples of this continuing process,
The Social Disabilities Act in Our OWI Country was found to be necessary in
12
Orderito prorrnoteso ting in partcertain tr: assumptions, which casts and others blems of this kind a developing societie; issues hawe arisen
the courts of India, f tograpple. In these Social attitudes rein апсd usage among
happens that thoug the existing mould Werful erT10tionS. AC if it is to secure : degree of spontane at large, must be pl softening of orthodic of fresh thinking a calls for basic chan and Social climate. am ErwirOTTEt Cor. the law, journalistsw rging Social prioritis part to play. No gro possesses the pote sfort Social thinki influence of novel
situations the role of: rather than to compl
At this juncture ir Society, the most ir journalist's Work, pri With the sharpening indiwidual and ColleĆ been considerable in recent years regi tion of fundamental tional instrument äml the existing machin ment of these rig Human Rights Com additio to the mei legal order offers th purpose. However, Carlot beurtured : by the modalities for alOne. The Thost effe vitality of human righ of the existence of a and articulate public the Value of the er showing determinati Tipted encroachTe WETTSS S0 tilt it experience of as W Community as possi merit in incorporatin rights incompulsory ry School leveland p rsities. Successful : made in Countries

lal justice by repudiaditional Concepts and
govern attitudes to cial groupings. Prore especially acutein and sensitive social in litigation with which or instance, hawe had areas Which involve forced by convention generations, it often tard reaction Within tre buttressed by pohange in legal norms, |cceptance with any ity by the community eceded by a gradual x values in the Wake ld approaches. This ges in the ideological bringing about such ducive to changes in ith perception of emeEs have an essential up in modern society ntial they have totrang by exposure to the standards. In these the journalistis to lead
ly,
the development of important aspect of a obably, is connected of public awarness of tive rights. There has progress in Sri Lanka arding the incorporarights in the constitud the improvement of Iery for the enforcehts. The proposed mission is a Valuable chanists which the e community for this the spirit of freedom ly legal concepts and judicial enforcement ctive guarantee of the ts in Society consists body of Wellinformed opinion conscious of itrenched rights and on to resist any attent. In spreading this becomes part of the ide a section of the ble, there is intrinsic gaspects of human curricula at Secondaerhaps also in univeattempts have been
like Australia and
Papua-New Guinea to popularize human rights by focussing upon their contentand their implications for society. For example, in the Australian state of Wictoria, an annual Law Day has been proclaimed to Stimulate public discussion of fundamental issues connected with freedom and the law. Mass media hawe COintributed significantly to the usefulness of these measures which depend on extensive participation by all sections of the community. Journalists, no less than lawyers and educationists, must Take their contributionto en Sure the SLJCiCeSS of Such Wentures. It is for them to use their ingenuity and expertise to make an impact on public opinion by presenting themes involving the application of legal principles and remedies to strengthen individual liberty, in terms which are meaningful for the vast
mass of the people.
Knowledge is the key to freedominan age of technology. In general, it is part of the business of the journalist to keep the community fully informed of all that is happening around it. But there are circumstances in which journalists would be required to act with restraint and circumspection in reporting potentialy inflammable events or developments. This dimension of journalism assumes special importance intimes of turbulence. SelectWe reporting of news may not be inappropriate in situations where communalpassions are likely to be aroused to the detriment of society as a whole. This is primarily a matter of self-regulation which is best achieved by a code of conduct which journalists, as a responsible profeSsion, should evolve for themselves. The inclination of the modern law has been tÓ encourage professional organizations to develop standards and criteria for the members of their respective professions and subject to a measure of overall control Which is largely procedural in form, the Courts are content to allocate to representative professional bodies a generous measure of autonomy. This stems from the conviction on the part of judges that needs and realities pertinent to the Work of a given profession are best assessed and catered for by the profession itself, under the generalsupervision of law enforcement tribunals whose role is very limited in Scope, This highlights the importance of self-direction on the part of journalists which can only be assisted but can never be supplanted, by the courts.
Nolë
(11) Woet, w Commentaricas 47.10,20)
Ponumdiw Yutar op.ci

Page 15
Preserving Sri Lanka’s
Tomas LarSSOn
Notall things old are discarded in the TLS fo rodersGen Sri Larkiä. Alngside the expanslar) of a Westerп-style healthcare systeлп, the country, which has the best overall health record SU Asia - and Indeed гапks high in this respect among all Third World countries - is taking care thaf Its traditional лiedlcine is not lost.
Colombo: One day when he was out walking, MMKBYalegama, a retired government employee, suddenly and inexplicably fell flat om his face. "I COLuldn't getup' he recounts from his hospital bed. "I was totally paralysed from the neck down'.
After spending a month in Colombo's General Hospital and seeing little change, Mr Yalegama sought treatment at a local establishment that practises traditional medicine. Here, following ayurvedic, Mr Yalegama received herbal massages, oil baths and a Cup Luncture, and hÊ ËS SayS he is improving. "Our Oriental system is far better thain that of the West when it comes to Certain diseases, he says.
Mr. Yalegama Wastreatedat Bandaranaikė Memorial Ayurvedic Research Institute (BMAR), located in a lush of medicimā| hertos and treeS, SOme 15 kilorTetre5 from Colombo's city centre.
To get there one travels on roads clogged with shiny Japanese cars and bulock carts and passes run-down shops dealing US brand-name soft drinks: that in Sri Lanka the new is quickly replacing
held.
But not all things old are discarded in the rush to modernise. Alongside the expansion of a Western-style health-care system, Sri Lanka, which has the best 0 Verfall health recordin South Asia —amd indeed ranks high in this respect among all Third World countries- is taking care that its traditional Tedicine is not lost.
Ayurveda, which derives from the Sanskrit Word Ayus, life" Weda, meaning "knowledge' or 'science", is an ancient medical system that orignated in India in the 10th century BC.
It combines a study of the pyhsical, mental and emotional aspects of health. For treatment, Ayurveda relies heavily on
the use of rest edies indiviualised dietary
Cultural"Eirth" End Of Eritish ruleir was then, ayurvedic under governmen пшmerous ayuгve! established.
In this Way, the doWr of Tedical kri to Studeľnt-fľOľT1 to Sť institutionalised and In 1980, a Ministryo Was created,
It is estirrated it practitioners are act and that 3,000 are comparison, there doctors or parame{ häWe been trälimÉdir
Yet despite the medicine, Jaliya Me the Ministry of Indig Tlates that arould Consult traditionath dic treatment is is geriatric conditions is available, Includin Skindiseases, asth
"I had arthritis so a 45-year old Woma hards and elboWs like reddish herta for treatment ever Orbo's most fat hoľT18."
Six Weeks ago sought help at th Hospital, a teaching "Now the pain has "and I can movemy
The approach is Pilapitiya, director { his patients with a pies involving herb baths, oil massage: therapy, yoga, пе prescriptions.
According to ayu Dr Pilapitiya, disea i'r Tubalance in the bc) (Which correspone

ancient remedies
Thade for hers and and regime.
in 1948, following the Ceylon, as Sri Lanka colleges were placed sponsorship and dic hospitals Were
centuries-old passing owledge from master orn, ir rmoSt CaSBS-WEBS given a modern cloak. findigenous Medicine
hat 7.500 ayurvedic we in Sri Lanka today, formally licensed. In are some 23,000 ics in Sri Lanka that the Western tradition.
availability of modern idagаппа, secretary of enous Medicine, esti30% of the population Iealers. Often ayurveought for chronic or for which no "quick fix' grheumatoidarthritis, Tha and diabetes.
two years," explains in, whose feet, knees, аге соvered in a clayIl paste. "I had gone Where-including Coous private nursing
in frustration, she le Central Ayurveda institutiori irnColombo. gone away," she says, "neck again.'
i holistic," says Upali of BMARI, who treats COrTbination of theraal potions and steam 5, acupuncture, music aditation and dietary
Wedic theory, explains Ce is the reSult of an dy's three forces: Vata is to the nervous
system); pitta (the metabolic system)and Rapha (the body's various fluids). "When the three forces are in the balance, he says, "a person is healthy.'
Like пostayurvedic physicians, Dr Pilapitiya is following the vocation of his ancestors. He explaims that ayurvedic treatment is of two types. One airns to support the body systems and promote and safeguard the existing state of health. The second is curative, and seeks to eliminate the causes of pain and disease. To purify the body, a series of purgative processes are used - including blood Cupping, sweating and emptying the stomach.
Herbs play an important role in the treatment, as evidenced by the spicy odours that permesate ayurvedic establishments. Traditional practitioners still grow or collect the herbs that they use in their remedies. Large-scale commercial production is also under Way at Thore than 80 private enterprises, as well as at the gowemment-owned Sri Lanka Ayurwed1c Drugs Corporation.
Here, large quantities of 740 different plants are used to make 655 formulas.
One metrictoone of garlic, for example,
is used each month. The consumption of medicinal herbs is so great that some plants are now becoming scarce.
The United Nations Development Programme (UNDP) has helped the government to tackle this problem by supporting the establishment of three herbal gardens, and by providing training to farmers arid Schoolchldren in the Culliwation and use of redicinal plants.
Some of the plants being grown are native to Sri Lanka, but are now rare due to OWer-collectiom, imcluding Munrovia pumilia, which is used for high fewers associated With malaria and other afflictions.
Other species, Whilch hawe been IntrodUCed, are tot found in the Wild in Sri Lanka, but are being imported in large quantities from Countries such as India, Pakistan and Nepal. These include the plant Psoralea coryfolia, which is a Commonly used medication forskin diseaSES.
While in many respects Ayurveda is firmly rooted in Sri Lankan society, it
13

Page 16
Suffers from a generational bias that does not bode well for its furure.
It is estimated that nearly three-quarters of traditional ayurvedic practitioners are Over the age of 50. And many who retire are not replaced. Young people tend to have less faith in the efficacy of "old medicine' than their elders, and BMARI, for one, is facing serious difficulties in finding new recruits. To change such attitudes requires research, says Commissioner of Ayurveda NW Weralupitiya, 'so we can prove to the younger generation, and to the World, that Ayurveda has a scientific basis. -- Ayurvedicwisdomisatriskofdisappearing. Although traditional practitioners tend to keep their knowledge secret, a wealth of information has been compiled over the centuries on thousands of palm-leaf sheaves, describing Systerns of diagnosis and treatment techniques, along with specific herbal remedies,
This information and published inst more WouThes in th scriptors in Oa-Li Ced, asis a five-Woli nalplants.
In the future, it is this infornation vili English, providing a scientists seeking ancient restledies.
Other. Third World and Pacific region, systems of traditionE to learn more ab OL ut and techniques. Si already underway: ' practitioners, as a post-graduate studi a Wailable in their hor
And Dr Pilapitiya, to China and Sol
Social summit's outsta
Martin Khor
The final Social Summit preparatory птeeting has ended with agreеппепt on most points. Key outstanding Issues ffaf rennar fo be resoswed lr? Сорепhagen Include the treatтепt of Third World debt, conditions for asid, and proposals fo bring the Brefor Woods ir SiffLors Tore Closey Inline with the UN.
New York: Preparations for the United Nations-organised World Summit for Social Development, which over 100 heads of government are expected to attend in March, are well under way with the recent conclusion of its final preparatory meeting.
Although agreement has been reached by diplomats in many areas, the government leaders meeting at the Copenhagen Summit on 6-12 March will still have to decide on some crucial issues, especialy the treatment of Third World debt and the future relations between the UN and the Bretton Woods institutions (the World Bank and International Monetary Fund).
So far, about 100 heads of state or
government, mainly from Third World
14
Countries, hawe Com nCe. Most leaders f ntries have yet to do
The third and final Summit's preparato pcorn) approved in Versions of the Sumr a political declaratio of action.
The meeting's mo pment was the final ment om how to deal stment, which had e the key issue of th Structural adjustrine policies that sever World Countries are a Condition for receiv IMF help in resche obtaining new loans,
These policies ha cial problems, such poverty and umemplc tory meeting agree should be allowed order to promote so

has been transcribed ven volumes. Eleven e Series, entitled Pregas, are being produThe Series Ordic
hoped that some of be made available in Sort of roadmap for TheW applications of
| countries in the Asla Which hawe their own ilmedicine, are eager Sri Lankam Tedicines опе exchanges аге Sri Lanka's ayunwedic rule, go to India for es in fields not yet meland,
for one, has travelled 1th Korea to learn
acupuncture. "Acupuncture is described in theola-leaf manuscripts, but has fallen out of use in Sri Lanka, he explains. At a Buddhist temple in Thailand he also picked up a-herbal treatment to help People overcome drug addiction, which he now used in his practice.
Leading ayurvedic practitioners in Sri Lanka, including Dr Pilapitiya, regularly receiveforeign patients for treatment. And with the growing interest in alternative health-care systems in many Western nations, some have suggested a polепtial for "health tourism', combining the lure of a tropical island resort with ayurvedic therapies.
Inonically, itmaybethis surgeofinteres from the West that gives Ayurveda a new lease of life among Sri Lanka's younger generation.
-Third World Network Features
nding issues
irred their attenda"Om developed couSO.
session of the Social ry Committee (Preew (but not final) mit's two documents: and a programme
st important develosation of an agreewith structural adjuTierged as perhaps 2 Summit process. it programmes are ily indebted Third obliged to follow as ng World Bank and uling their debts or
eled to serious soas an increase in "ment. Thepreparathat I modifications these policies in al development.
Much of the substance of both the Declaration and the Programme of Action comprises proposals or commitments to eradicate poverty, reduce unemployment and promote social integration (the Summit's main themes) and these mainly involve national-level measures. Only a few points of disagreement remain on them.
However, a few key international-level or North-South issues that were heavily debated during the PrepCom are outstanding, and will be brought to the Сореnhagen Summit for resolution. Chief among themisthetreatmentof the deveoping World's extermal debt, which occupied a large part of the energies of the diplomats during the Prepcom.
Other issues in contention include: the form of the institutional follow-up to the Summit; the nature of future collaboration between the Bretton Woods institutions; the proposed 20:20" concept of mutual aid conditionality; the treatment of workers' rights; and treatment of economies in tra Siti.

Page 17
One of the original aims of the Summit process was for part of the discussion to be conducted beyond the usual "North-South' lines, to also involve the social problems (including poverty, joblessness and social disintegration) of the developed countries, which by most accounts are in a critical state.
However, it became clear early on that Northern Countries were most reluctant to make the Summit a forum to help settle their internal (and presently intense) debates on Social policy. Thus, although some of the Wording in the documents could refer to all countries, in effect the spotlight was put on how to tackle problems in the developing World, in line with the usual practice in previous UN ConfereT1CBS.
Prioritising the Core International
SSLOS
Intertrins of bulk, Tmost of the documents' proposed policies and programrines deal with national-level measures, and in these there Were few real Controversies. Much of the discussions focused on problems and policies at the international level, and thus the process eventually turned mainly into a forum for continuing the Norith-South discussion.
The basic core issue Was the same: how can international cooperation be improved and global structures made more fair to the South, so as to relax the considerable external constraints that reduce developing countries' options, poSsibilities and resources for Social development.
Within this general framework, there was howevera major change in emphasis in the Social Summit process, compared to the United Nations Conference on Environment and Development (UNCED), the Environment Conventions and the Population Conference. In these Other Conferences, by far the main theme was the need for a dramatic increase in foreign aid and Concessional loans, or "new and additional resources in the UNargon.
By now, it is clear that aid is the wrong tree to be barking at. At the 1992 Earth Summit, where the big battle at the last stage was over aid, the Northern countries agreed (in non-binding language of course) to raise aid levels significantly and to
try to meet the ear official developme equivalent to 0.7% product (GDP).
Far from keepin Northern Countries Wolume, Some of th Further cuts are or remains, a signific be diverted to the fi East Europe. Flog debt would appear
The Group of 77 Prepcorn chairman Juan Sonavia and of vocal non-gover (NGOs) in the Dew the Women's Cau instead On the ne-E crisis, to review and stment, and to mal institutions more a in line. With social torŠ.
The NGOs argue factors had weighec World Countries, Te recession and incre integration. It woul even hypocritical to social development were removed or re
in the official neg China also put maj issues, which by t meeting in August intersessional meel “cause Celebre'Oft
Midway throught third PrepCom, as T chaired by Malaysia li Ismail, reached a relating to the sens on structural adjust rCes for internatio institutional followtricky questions on issues are still Outst
Third World Debt
Meanwhile, a II W Ambassador Butler to get agreemento way, the negotiation diSCUSSIONS in late

lier pledge of providing entrassistance (ODA) of their gross domestic
g to that pledge, most hawe since Cuttheiraid em quite substantially. the Way. And of what ant portion will clearly primer Soviet Union and ging theailing horse of
a lost cause.
aided by the Summit Chilean Ambassador supported by dozens nmental organisations elopment Caucus and CUS, put the spotlight d to resolve the debt reform structural adjuKE the Bretto Woods CCOLIntable and more development aspira
2d Strongly that these heavily on most Third -Sulting in continuous ased powerty and disdi thus be farcical or make proposals for
unless these factors duced.
otiations, the G77 and Ir emphasis on these he second PrepCom 994 and the October ing had become the e Summit process.
Ie Second Week of this
all Consultative group -
Ambassador, RazacCOrd on most points tive cluster of issues Terit, finlancial reSOLall cooperation and p. However, some he last two of these nding.
orking group under fAustralia was trying the debt issue. In a : Were a replay of the 994 at the General
Assembly and the Second Committee, where the G77 and the Non-Aligned Movement had put forward a comprehensive joint resolution on debt. The General Assembly passed a much watered-down Version in mld-December.
The Mexican financial crisis, which cast alongshadow overPrepCom3, underscored the NGO and Southern countries' message that the debt crisis is far front over, and that many countries were either still in deep waters or could be about to reenter then. For them, a solution to debt was a prerequisite to long-term social development.
At the Prep.com, the G77 and China were pushing for bilateral debt cancellation (and not merely a vague'reduction) for the most indebted and poorest countries. They also pressed for a commitment from Northern govemments to begin the process of extending the principle of relief to multilateral debt (debts owed to the international financial institutions which, unlike commercial and bilateral debts, had not yet been subjected to relief). They also wanted debt relief not only for least developed countries but also for heavily indebted lower-middle developing Countries.
All these points were not acceptable to the leading Northern delegations. The disagreements are reflected in several parts of the documents that will now go on to Copenhagen for resolution.
The Aid issue And 20:20
On the issue of aid, the Declaration contains the familiar proposal, 'Strive for the fulfilment of the agreed target of 0.7% of GNP for overall ODA assoon as possible" as part of Commitment 8. This is accompanied by: "Increase the share of funding for Social development programmes, Commensurate with the scope and scale of activities...of this Declaration and Programme of Action'.
On the closing days of the Prepcom, the G77 proposed the establishment of a special "International Fund for Social Development' to make available the additional resourcesto implement the Copenhagen Programme of Action. The fund's governance would be decided through the General Assembly/Economic and Social Council (ECOSOC).
5

Page 18
This Was ther lost concrete and reWest of the proposals for aid. It was not accepted at the Prepcom, and will be re-discussed at Copenhagen. The general feeling is that the proposal (reminiscent of the "Green Fund' proposed by the G77 during the UNCED negotiations) has almost no chance of being accepted by the North.
What will be agreed to by all is some
Version of the famous 20:20 concept, in which there is a "mutual agreement between developed and developing countries to give higher priority to basic Social SerwiCBS by alsQCating, Qn aVerage, 20% of ODA and 20% of national budget, respectively, to priority basic Social progra
Times.
This original wording is still under dispute. SOTIE Countries accept the principle of greater allocation to social programmes, but drop the mention of the 20%. Others agree on the 20% but Want it referred only to countries "that so request it".
In general, some developing Countries are resisting the 20:20 commitment out of fearitwould be a new conditionality. Some Northern Countries are also concerted that it would restrict their aid allocation. It remains to be seen if 20:20 can Withstand these reservations in Copenhagenor whether only a vague shadow with a mere general commitment will remain.
Labor Standards
The Currentiocul re brackets in relati in WarloLS SBctiors. \ Countries. Would like nguage on internatio many developing c ned that the text promote the move
300Lur Städas W through the World T Сорепhagen, ther will be sorted out.
UN-Bretton Woods
Om the issue of i Woods institutions E T1Ce between therT) tions, the Programm this in para81 (оп w nsus) in relatiom to goals in generaland in particular.
Alter COCrete Salis that ECOSOC Committee of the W should hold a joint considertheimplem ration and Program proposal has not be likely to face oppo countries that may : into the powers of IMF.
ܐܠܐ ܠܐ 1.
NAM in the Ninetie
Nana S. Sutresna
a do feel that in the Security
Council, the majority is disenfrainchised and excluded from Tuch of the decision-making that is taking place. Her"|Ce all the Me Tibers Of OUT MDWe Tient have demanded an expansion of themembership of the Council. They have also called for vigilance to ensure that the Security Council does notencroach on the jurisdiction and prerogatives of the General Assembly. While there is a wide spectrum of views on these important issues, the effectiveness of the NAM as an adWO
16
Catafor reformin the depemcd Uupon its Lum mmonality ofinteres le for the establishrm High Level Working cturing of the United actively at Workinth
What his Cor spate of activities ar MowerTent is that t its Jakarta Summit decisions on papel

nents also have Squaon to Workers' rights Whilst song Norther 3 to see stronger lainal labour standards, :ountries are COICEWi|| mot be used to ir other forato link with trade measures rade Organisation. In arraining differences
Relatios
involving the Bretton and of policy cohereand the United Nae of Action deals With Which there is conse
social development structural adjustment
and important propoand the Development World Bark and IMF meeting annually to entation of the Declals The Of Action, This en agreedon, and is Sition frOT NOrtigT See it as an intrusion the World Bank and
Another concrete proposal, also indispute, is that ECOSOC convene an expert Corris Tittee on international cooperation to strengthen national tax systems as well as to study the impact of the international Tonetary and fiscal systems on social development.
Countries in Transition
Finally, there are also square brackets scattered allower the texts referring to proposals for aid or special treatment (similar in some cases to that given to developing countries) for countries With ecolor Ties in transition. The Social SLmmit process has seen increasing requests by the former Soviet Union couIntries and Eastern Europe for special COllsideration.
Many developing countries are concerned that their special status Would be considerably eroded, should commitments and programmes be explicitly made for the countries in Economic transition. They fear that the preferences, concessions and aid for developing countries may then be eroded, or diverted to Eastern Europe and Russia. Third World NetWOrk. Få turėŠ.
LLLLLLLLLLLLLLaCaa LaLLYa
Network.
United Nations Would ity, Cohesion and COts. That is the rationalent of the Movement's Group for the RestruNations which is roW Ie General Assembly.
ne appartent in this ld involvements of the he decisions taken at
have not remained - they have been
given Concrele reality and have assumed a life of their own. Indonesia, as Chaitan of the Movement, has made it a point that the SE de CİSİOS Should be translated into action. It has also made it a point to remined Members of the MOWement to speak and to act in international forurtis ir aCCO dar CB With thB iriteritiOS ard tħe spirit of these Summit decisions. At the United Nations in New York, the Coordinating Bureau of the NAM has been meeting regularly to discuss not only the implementation of the decisions Of the Terith

Page 19
Summit but also to actively coordinate the positions of the Movement on various issues of importance to the Non-Aligned and other developing countries.
It is possible and do hope that Indonesia has beenable to Set a trend in the conduct of the Chairmanship of the Movement. Many more initiatives have to be launched in order to help bring about the MowerTent's envisioned new international order and in each of these, the Chairmanship plays a central role. Realizing this, the membership of the Movement has provided the Chairmanship with a mechanism for seeking assistance at the highest political level from the appropriate meTibers whenever a common concern becomes urgentor critical. This is in the form of a special mandate which enables the Chairmanto formand convene a committee at the Summit or Ministerial level to tackle specific urgent problems. Although there are twoformulas for the membership of the committee, the Chairman is free to include any member whose resources and experience would be most appropriate to the tāskat hand.
it has to be acknowledged, howeve that in Working for its vision of a new international order, the NAM has to cointend with the normal constraints in international cooperation and relations-not the least of which is the fact that some Countries are more powerful tham others and they often have their way without regard to the views of their sovereign equals. This fact of international life is apparent even in such a global organization dedicated to democracy-the United NatioriS.
The Movement has also to contend with internal constraints, one of which is the fact that there are a few members that are still more comfortable with the old advessarial approach to dealing with the countries of the developed North and with international institutions. It is important to get these members With the old Orientation "On board", as a more cohesive Movement Would be more beneficial not only to the members but also to the outside World.
A Tore SeriOUS ir fact that there are or a state of conflic has happened that to expend so muc preventingthe meel from becoming a fic bilateral grievances tion. This could hav - South-South coope undermine the neg Southwis-a-Wis the Thus, always amor such conflicts is dev
There is therefor need for the Merto to ewolwela mechani of disputes and നar conflict among NAM of the urgent conce taken up in the Elev be held in Colombi this year.
With this, trustt distinguished partici a sufficient WieWif
is significance of the
Tent in the decade
as of the sources ()
Weaknesses. By W: should like to say 't Movement has beer the changing times preserved its relev increased its involve rnational causes the its principles and id was the champion c Werments, it is now a global interdepende it has succeeded in Tħda in the ThairStri thought and concer
Much can be furt by building on what it shedbyway of prom and South-Southp believe that as the N present track, It Wil||bo prominent factor in pments in the years
 

rtial constraint is the Iambers in a dispute
With OrhB anOther. lt le Chaimanship had time and effort in ngs of the Movement um for the alring of indmutual recriminaa deterrent effection ation and may even tiating position of the ountries of the North. g the first victims of elopment.
: a clear and urgent rs of the Movement Sm for the Settlement agement of potential Terbers, ThiSiSOE ns that I hope will be enth NAM Summit to a in the later part of
hat I have given the Dants of this Seminar ir diSCUSSIOm Of the Non-Aligned Moveof the 1990s as Well fits strength and its ay of Summing up,
hat the Non-Aligned able to change with
and thus not only arce but has als0 lment in Worthy intet are consistentwith eals. Where once it findependence moleading advocate of ce. If I may say so, placing its own ageart of international
her achieved simply has sofar accompliiting the North-South ocesses. And I do AM continues on its !come an even more nternational deweloto come not only in
tems of serving the development aspirations of its members but also inter Tis of evolving conceptual frameworks for coo
peration with other groups of countries.
And believe this is possible because the vast majority of nations today have finally come to realize that human destiny is indivisible, that the fate and fortunes of the North and South are inextricably intertwined. The North cannot sustain its economic development without stability and development in the South. The countries of the South cannot achieve their development goals without the conducive global environment that the policies of the countries of the North should provide. It is to the interest of both sides, therefore, that they should sit down and work out a Way of managing the formidable challenges of the decades ahead. It is also to the interest of both sides that the South should becomemore self-reliantandable to make full use of development resources that are
already in the South.
is on behalf of the South, the Non-Aligned
Movement has extended an Invitation to Dialogue to the countries of the North. There has been a heartening, positive response. At the same time, the Non-Ali
gned Movement has also:: stage for broadened and intensified Sou
th-South cooperation. In this, too, there
has been enthusiastic response.
Thus, as I look to the future, do so with -
well-founded hope. For it is clear that
humanity is taking a good number of important steps towards a more just, more реaceful secure and prosperousinteгпаtional order: This seminaris certainly one of them. And it is appropriate that it should take place in Colornbo which was a starting point of a process that eventually led to the founding of the Non-Aligned Movement. Let me therefore convey to the Government of Sri Lanka and those who organizedthisseminarthedeepappreciation of President Soeharto as Chairman of the Non-Aligned Movement for this important endeavour to shed light on the meaning of the momentous events of our time.

Page 20
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Page 21
The India Factor' in Sril Security Policy, 1948-94
Humayun Kabir
Introduction
A study on Sri Lanka'sforeignand secu rity policy is well-merited for several reasons. First, since the coming of J.R. Jayewardene's United National Party (U.N.P) govemment into power in 1977, Sri Lanka's foreign policy has been brought to the forefront of public and private dicussions, as was the case in 1956 when S.W.R.D. Banadaranalke's left-leaning Sri Lanka Freedom Party (S.L.F.P.) was first swept into power after defeating the hitherto ruling right-wing U.N.P. Second, as Sri Lanka, being a small island state with stragic significance, has always tended to rely on its foreign policy as a survival, a study of the same in itself is worth pursuing. Third, given the existence of other comparable cases, such study пау provide a wider relevance. Fouth, it would be interesting to examine the implications of the end of the Cold War for the foreign and Security policy of Sri Lanka.
A study on the "India factor in Sri Lanka's foreign and security policy is more in order for the following reasons: (1) India has been the most relevant and enduring factor looming large on this island's horizon; (2) It is often said by some academic high priests' as well as by some of the 'commoners' that while the UNP governments have traditionaily perceived threats from India, the SLFP-led governments have not done so, with consequent reflection in the country's foreign policy Orientation and strategy. A probe into it is indeed Worthwhile; (3) An intense debate has been generated in Sri Lanka by the 1987 Peace Accord with regard to an unprecedented change in the tenor and texture of relationship between India and Sri Lanka. A close scrutiny of some of the Accord prowisions may help one appreciate the 'png5 of proximity of a domestically insecure "David' to a 'Goliath' who is "interested in the fortner's domestic and foreign policy realms, and the "pangs of 'desertion' "of Dawid by some of the more powerful but distant and hitherto interested Goliaths; and (4) It is of more than academic inquisitiveness to address ourselves the question whether the Peace Accord is valid now in the post-Cold War era, particularly under the SLFP.-led People's Alliance (PÅ)govemmenthalafter 17 years of UNP rule staged a spectacular Comeback in 1994 under the leadership of President Chandrika Bandaranaike Kшппагаiшпga.
Senior Research Fellow Bangladesh Institufa for menarionalardStrategk Sudras, WisїїпgFellow BCS Cosoba.
This, therefore, is foreign and securil reference to India. C0-strategic dimerns Taction between ant nal and extra-regio nge on the foreign Iridia ard Sri Lårlık ihe difference in Slr UNP and SLFP go in relation to India. inherent divergence arid images of India foreign policy persp ncerns, and in the pli adopt towards each redressing the dissc This is a study of great and a smallp relationship betweer neighbours. In othe Or the attitLJde San Indo-centricity and how to meet the ch these two opposite T10adel of Indo-Centric tension-issues being Security policy, and
The questions that are: What is the loc in India's foreign anc are the determinants and Security policy? Lanka follow to redres With India? What rol Lanka's ethnic crisis? Compulsions/imperati Accord with India in heralda new era inthÉ of for Talisation of Indi Island nation? Is the the post-Cold War II hegemonic content:? policy challenges fac T1Ce goverrirment?
More pertinent que Cana Third Worldsm to pursue a non-Con vis-a-vis a regional gr a Small state, which is and unstable, always Support for building cc big neighbour? Does any foreign policy opt internal turtoil and C. balancing strategy oth the hegemonic press

anka's Foreign and is.
a study on Sri Lanka's policy with particular ne focus is on the politiin seen inter Tis of inteamong domestic, regioal factors as they impiund security policies of . The focus is also on tegies that Sri Lanka's ernments had pursued The problematic is the in the mutual attitudes and Sri Lanka, in their *ctives and security coblicies the two Countries | other. With a Wigw to nance and divergence. elationship between a Wer, astudy of unaven two highly asymmetric words, this is a study polici6sborne Out of Indo-phobia, but not on allenges of reconciling s. It is an interaction ity and Indo-phobia, the Sri Lanka's foreignand
er ethmic Conflict,
are raised in the paper us standi of Sri Lanka security policy? What of Sri Lanka's foreign What strategy does Sri is the power imbalance e did India play in Sri What Were Sri Lanka's wes to sign the Peace 1987? Did this signing alrrelationship in terms a's hegemony over the Peace Accord Walid in beriOd. In ter Th5 of its What are the foreign ng the People's Allia
stions, however, are: all state afford for long formist foreign policy eat power? Can such domestically insecure rely on extra-regional bunter-poise to such a his smallpower have Ons in the event of its lapse of its counterBrthan to SLICCumb to sure of the regional
2.
í、
power? What impact does the end of the Cold Warhave on the regional power relationship between a great and smallpower?
The study has several major concerns, One of them is that India has always been the most fundamental preoccupation in Sri Lanka's foreign | and Security policy, emerging into a dominating position since the 1970s. The paper argues that India has been the prime concern to the Sri Lanka goveTiments, regardless of their political complexion, informulating the country's foreign and security policy. Indeed, India has been the point of departure of Sri Lanka's such policy. Another one is that while the UNP govemments until 1987 had pursued a non-con formist India policy, the SLFP administrations had followed a 'pilot fish' strategy. The others are that since the signing of the Peace Accord with India, both UNP and SLFP governments have been constrained to for low more or less the same policy towards their northern neighbour, and that the end of the Cold War appears to have impacted disadvantageously on small states like Sri Lanka.
There are certain problems inforeign policy analysis. For example, there is the problem of choosing a conceptual nodel that is sought to explain a particular foreignpolicy. Some scholars have identified four such models: (1) the "geo-political model' in which èmphasisis pluton the primacy of the geographical location, but factors like ideoloby or change of government receive little consideration; (2) the 'organization process model in which foreign policy is seen as organizational output; (3), the "bargaining model"whereby foreign policy decisions emerge from interplay and bargaining among the political and official "players; and (4) the 'rational actor model'. This model assumes that the situation is fully understood, that all possible courses of action are known to or imagined by those who have to take decision, that the Consequences of all Courses of action can be and are accurately assessed, and that there is a clearly identified objective.' But what happens in reality bears only limited relation to the rational actor model. As a matter of fact, following a particular model in explaining a country's foreign policy may lead to partial treatment of the subject and hence may lack a proper understanding of it. One of the ways to overcome this problem is to follow an eclectic approach, which in this study has actually been done.
19

Page 22
Another problemis thatthe contemporary
literature on foreign policy analysistends to be either'process-oriented or "function-orieinted". The for Tier concentrates on the detailed analysis of foreign policy-making processes and associates this with the Western states While the latter refers to the less developed countries where institutions are not developed and foreign policies are seen as a function of functions. Butemporocally this is not entirely true forthere are elements of "function-orientedness' in foreign policy making in the modernised, industrialised states while there are numerous instances of process-orientedness" in that of the developing Third World nations.
The study is both historical and analytical It is based on both primary and secondary sources. Apart from existing literature on the subject, relevant documents of the Ministries of Foreign Affairs and Defence and the Parliamentary Debates have been used. Interviews with some of the main "players in decision-making and opinion making hawe also beri LJ5Ēd.
The literature on the subject has been fairly extensive. The common lacuna in thern appear to be the absence of a probling insight into the threatperceptions of the major political parties in Sri Lanka emanating frol India and how the successive Sri Lankar goWEmments went about offsetting their overarching security concern. The present study attempts to fill this gap. It also gives an insight into the problems of a smallpowerin dealing with a much more powerful neighbour, particularly when the former experiences domestic instability and loses effective support from its traditional extraregional great power "friends' for combating the internal crisis and meeting warious interwentionist postures from the immediate neighbourbood.
The study is organised into six sections. The first section deals with the determinants of Sri Lanka's foreign policy. The second section focuses on India's security perspectiweir relation to Sri Lanka. It deals with India's regional policy and its implications for the island. The third section examines Sri Lanka's perceptions of and policytowards India until 1977. It analyses Sri Lanka's survival strategies in relation to India. The Jayewardene govemment's India policy is discussed in tha fourth section. India's role in Sri Lanka's ethnic crisis during 1983-87 is examlned insection five. A close scrutiny of some of the provisions of the Indo-Sri Lanka Peace Accord of 1987 is undertaken in this section with a view to analysing India's hegemony In respect of Sri Lanka's ethnic problem and her foreign and security policy. The view that India's hegemony in Sri Lanka still remains valid is looked into in the last section of the paper. The foreign policy challenges before
2O
thë Sri Lankan gove Chamdrika B3mdaran
also identified in this SE with the summary of concluding remarks,
The distinction betw
and the security policy mes blurred for alpi the two concepts are the singular and/or in
To be C
Notes
FordalaisonthESETIOd Decision, Little BrgWT "InterTal Structures B1 ning Foreign Policies of iral Felasios, W.
51-526; Brid P.A. Rayır Tational Falations, Se dkom, 1980, pp. 15-18
ter A. Chu "Barigādessh's Externa Small Power in a Subs partmant Ollritornation: nal University, 1980. C.
Dn process-orierledku BLIOTĒLjät Politic5 al Instituta, Washington Foreign Policy and the London, 1971; G.T. Alli: Entourcto-ri Policy Models and the Third World Actors. A
narratical Social Sc 1974, pp. 70-94: F.B. W Policy in Irido Bsia: Ar Foreign policy in the
Work PolitiçS, WO. IX, 356-381; Henry A. KI and Foreign Policy in
Corriparallwa Foreign
Dawiad Mackay Co...: rhC,
For fullar arguments, 58 ctoral Th8sis, op. c.p.
Some of them år, S. Sri Larka: A. Third PROTE MET JE Lanka's Foreign Polic Wiki3, MBH DElhi, 1934 Flaklior15 Of Sri LErik B: Tissara PrakasakayOL Shahori L., Kodikuara (Ë
Relati, BŠ, kara, lrndo-Cgykor1 Re University of Colombo, yEarl, Sri Lamkan Crisis Publishers, New Delhi, Sri Larika Fellabor5, Di P.W.J. Jayasakara (ed. State. Sri Lanka in the As Publishers Frt U.Kodkara (ed.), indi: 1987, international Pol םHחחםkםG הםbוחl Gölbם (8) | ||Hf B Colomba, 1992: Shğl Asiam Stralgi: 155LJE5, 1990, S.D. Muni, Pan Länkas, Ethnic Crisis, 1993.

inment of President LETTERS
like Kumaratunga are :
Egg: More is less
veen the foreign policy rofa state often beco'actical purp0SES, S0, | LISad in the Study in erchangeably.
Drifir Lied)
g|35gg G.T. Alison, EsserC8 , Boston, 1971 Joel Migdal, | ExtérThal BehavioUr:ExoplaThird World States, Intertar W. No. 5, May 1974, pp. holds, An introduction to Inler cond Editiori, Longmar, LO
Calls it'ITIOdels-midi. SBehls Relations: The strategy of a ystem, Doctoral Thesis, De|Flaiാറ8, AustrlNair anberra, Australia, p. 15.
reign policy see M. Halperiri, d Foreign Policy, Brookings D.C. 1974; william Wallace, Politik Frçe55, MCT illa, son, Essence of Decision, Op. tids B. Kry","FOOTBig r Empirical Relevance to the Critique d'Ariate', isCookLurral,Wol. 2E, NO. 1. seintein,"The Uses of Foreign Approach to the Analysis ol Less Dawaloped Countries, XV, No. 3 April 1972, pp. 5singer, "DON'Testic Structurė Wolfram A. Handresider (Cd), Policis: Theoretic Essays, New York, 1971. sokhar A. Chowdhury, Dբ, 10-14.
J. Kodkara, Foreign Policy of forld Perspective, Charakya i, 1982; H.S.S. Mišsänka, Sri r: A Study in Non-Alignment, Warnon LB. Mendis, Foreign Für Eär|5 Trl85 D. B5, d, Dehiwala, Sri Lånka, 1983; d) Dilerrimas of Indo-SriaColопba, 1991. Shelton Kodlations Simca Independerica, Colombo, 1955); W. Suryakariar Brd India's Response, Patriot 1991 Rawi Kant Dubey, Indo
Bep & Deep, New Delhi, 1989, Security Dilemma of a Srtial Asian Cortex, PartOne, South ld. New Delhi, 1992. Shelton -Sri Lanka AgreerTent ofJuly lations Programme, University 1989; Bertram BastiarTypillai outh Asian Naight Urs, BCS lor L. Kodikara (éd.), South SagBPublications, Naw Delhi. gs of Proximity: India and Sri Sage Publications, New Delhi,
I hope JR will heed Piyal Gamage's advice to him to desist from making public state Tents about his achievements. When others speak well of a man it is pure gold, when a man speaks Well of himself,
it is counterfeit. The more one tries to impress, the less one impresses. Com
mend to JR the following lines by Emily Dickinson:
I'm Nobody. Who are you? I hope you are Nobody too? Then there's a pair of us, Don't tell They'd advertise, you knoW.
How dreary to be Somebody Howpublic-like a Frog To tell yourname the livelong June To arn adrmlring Bog.
Wijaya Perera Colombo
Schools take over
Even the usually Well informed Editor f the Larka GLäärhastalked0f"the schools take over (LG Jan 1). There was no schools "take over" by that Bandaranaikel gowemment in the Sixties.
Private schools were run on a grant received from the state. The govertment of the day, being of a nationalist bent, offered these schools the option of coming into the national stream whereby they would be fully financed and managed by the state, or remaining private and self financed-provided 75 percent of the parents opted for that COLS9.
Some schools and parents did, as in the case of S Thomas, Trinity, Museus, etc. They were and are still private. So where was the "Take over".
What could be fairer than the option offered by that government? It issurely the height of unreason to refuse to corne into the national scheme of education, opt to do your own thing and still insist on receiving the government grant.
All that the government did Was to withdraw the grant those schools which refused to come into the national system, and that too only when 75 per cent of the parents voted remain out and pay the fees to run the school.
This persistent talk of a "schools take ower" is nothing but part of the CarTpaign of disinformation by anti-national glgments ther and TOW.
S.P., Jayalath Weyangoda

Page 23
Why there's so in this rustict
There islaughter and light banter amongst these Tural damsels whø ăre busự sorting Cụt lobacca leaf in a barn, It is one of the hundreds of such
barns spread out in the rid and upcountry intermediate zone where the arable land remains fallow during the offseason,
Here, with careful nurturing, tobacco grows as a lucrative cash crop and the green leaves furn to gold, to the value of ower Rs. 250 million or more annually, for perhaps 143,000 rural folk
 

ENRICHING RURAL FESTYLE
und oflaughter obacco barn.
Tobacco is the industry that brings employment to the second highest number of people. And these people are the tobacco barn outlets, the tobacco growers and those who work for the T on the land ard in the bar Ts.
For them, the tobacco leaf means Teaningful work, a comfortable life and a secure future. A good enough reason for laughter.
CeylonTobacco Co.Ltd.
Sharing and caring for our land and her people.

Page 24
PEOPLE
Celebrating I
C
Dynamic
In 1961 People's Bank ventured out in the
of only 46... and a few hundred Customers,
Today, just 33 years later
People Resource exceeds 10,00 Customer Listings at a stagger Branch NetWork in excess of 32
in Sri Lanka
In just three decades People's Bank has g
in the Sri Lankan Banking Scene. Their spec
resources at their Command dedicated
dedication that has earned them the title
PEOPLE'S BANK
Banker to the Millions

S BANK
hree DeCadeS
f
! Growth
challenging World of Banking With a staff
O
ing 5.5 Million
28, THE LARGEST
rown to become a highly respected leader
tacular growth is areflection of the massive
to the service of the Common man - a
"Banker to the Millions'