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January/February 1995
Wo. 2
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AAWWA AMBALANGODA AMPARA
ANURADHAPURA
BADULLA BALANGODA
BANDARAWELA
BATTICALOA CHLAW COLOMBO Bambalapitiya
Battaramua BOrella
Dehiwela Fort
Union Place Homagama Ja Ela Kadawata Kandana Kiribathgoda Kollupitiya
Maharagama Maradana
Moratuwa Nugegoda
Pannipitiya
Nandanasiri Stores Royal Book Shop
Delicia Mahajana Picture Palace Sathsara
Mahinda's Sunil Book Shop Leelasena & Sons Udeni"S Mayura Book Shop
Charles Subasinghe Greenlands Hotel Lanka Traders Liyanage
Shanthi Vihar Pubudusiri Cream House Madhawa Book Shop Pushpa Stores Ketapatha Prakashana Supipi Book Shop Sadeepa Book Shop Lakmini Stores Catholic Book Shop Colombo Hilton Holiday linn
Taprobane Lake House Book Shop Lanka Oberoi Maclium Book Shop M.D. Gunasena Book Shop Salaka Geethani Grocery Perno Stationers Srimali Grocery Jayabima Samanala Book Shop Vijitha Yapa Book Shop Malee Book Shop A. Z. N. M. Marikar Sasiri Book Shop Godage Book Shop Dayawansa Jayakody I. P. B. Book Shop McCallum Book Shop Wijesekera Grocery National Book Shop Sarasavi Book Shop Nimali Book Shop
 

Piliyandala Pitakotte Ratmalana Thimbirigasyaya Wellawatte
EMBLIPITIYA GALLE
GAMPAHA
GAMPOLA HAPUTALE HORANA HIKKADUWA KADUGANNAWA KAUTARA KANDY
KULIYAPITIYA KURUNEGALA MATARA MATALE MRIGAMA MONERAGALA
N'ELYA NEGAMBO
NIT TAMBUWA PANADURA PILIMATALAWA PUT TALAM RATNAPURA TRINCOMALEE VAWUNYA VEYAN,GODA WARAKARPOLA WELLAWAYA YAKKALA
New City
Pothgula Thusitha Book Shop Missaka Book Shop Windsor Book Shop Rohana Book Shop Vivian Traders Queêns Hotel New Aradhana Traders Vijitha Yapa Book Shop Thaksala Nalanda Book Shop Hema's Book Shop Udaya Stores Davasa Centre Malikarachchi & Co. Jayathu Hotel Coral Garden Hotel Daya Traders New Owen Joseph Book Shop Guneratne Distributors Seevali Book Shop Vijitha Yapa Book Shop Sithumina Book Shop Malson Book Shop Central Book Shop Sastrodaya Book Shop Sampath Traders Nilmini Stores Malaka TraderS Gamage Stores Sumedha Book Shop Sri Ramya Stores Shop No. 3, (Opposite Municipal Council) Nayana Book Shop, Kandana British BOOK Center Negambo Printers Co-operative Sales Center Ganga Cool House Fernando's Jayasekera Traders Lucky Newspaper Agency Pradeepa Book Shop 470, Navy Camp Road Kavidha Stores Somagiri Ranjith Book Shop Suhanda Traders Vidyodaya

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January- February 1995
COWER STORY 6
The Government's recent clampdown on media freedom made in the name of the desire for responsible journalism is examined in the light of the recent attacks on journalists, allegedly by the Presidential Media Advisor,
Our regular Correspondent Continues his Controversial expose of mainstream scholarship or the traditional homelands question
Departments ہستنت
Dialogue .................................... 3
Perspective ....................................... 18
Images ...................................20
The Economy ..................................... 35
January-February 1995
 

Vol. 2 Issue7
22 LEGAL WATCH
TWO diverging views on the First Working Draft of the new Constitution which highlight the strengths and Weaknesses of the proposed changes.
39SPORTS
The allegations of bribery and rigging that have rocked international cricket may have their own Counterpart in the Lankan Sports Scene.
Cover Layout Asoka Padmasiri
nterpoint

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Comment
Count
 

January-February 1995

Page 5
UK Confere
Dear Editor,
We refer to the article appearing in the October/ November 1994 issue of Counterpoint entitled "Ethnic Conflict -- The OverSeas Dimension" written by a Special Correspondent. The OverSeas edition makes a reference to the international Health Conference in London in September jointly Organised by the Medical Institute of Tamils, Tamil Information Centre and Tamil Refugee Relief Organisation (California, USA).
It is obvious that your Special Correspondent did not attend the Conference, but has based his entire Opinion on a pre-Conference brochure and hearsay. It is also clear that the person knows next to nothing about the Tamil Information Centre (TIC). The TIC was established in 1983 in the wake of the Suppression of the media in Sri Lanka and State terrorism the Tamil people were facing. At that time there Were no publications on the injustices Committed against the Tamil peoples and no such Special Correspondent to Create awareneSS about the real problems of the Tamils. Had there been, the need to establish the TIC would not have arisen. TC was set up in the absence of committed organisations to Voice the Sufferings and hardships of the Tamil
politi
people.
The TIC is a registered
organisation and has the
following objectives: (1) Promote the
establishment and maintenance of human rights for the Tamil speaking people of Sri Lanka; (2) Increase awareness of
the problems of the Tamil speaking people in Sri
anka and where necessary Counter the imbalances in the flow of information if any, and to find redress with a view to bring pressure on those who can halt the violation of human rights; (3) The promotion and .
financing of public education and information of human rights in Sri Lanka; (4) The promotion of
education in the field of human rights and fundamental freedoms including a knowledge and understanding of international instruments, domestic legislation and other instruments bearing on the general public, and in particular among the Tamil speaking peoples of Sri Lanka; (5) Research into human rights in Sri Lanka and the publication of the results, and (6) The TIC shall not take a
public stand on how any political solution can be reached in Sri Lanka and which political Solution is
Counte
January-February 1995

Dialogue
ince free Of
cking
best, provided that any Settlement is based on justice, equality and respect for fundamental human rights........... The TIC is a communitybased Organisation run by Committed Volunteers. Its objectives are clear and those Who Conduct its affairS are also clear in their minds about the objectives.TheTIC need not be a "front" or "back of anyone or any organisation. Althose involved in the activities of Tic are ConCerned with human rights and proud that they Contribute their share in the development of their Community in need. TIC Condemns groups, including the LTTE. We have no fear of anyone orany organisationOur Commitment is to the Tamil speaking people of Sri Lanka and the promotion of their rights.
The Conference "Victims of War in Sri Lanka: A Quest for Health Consensus" was a gathering of health Workers and health professionals who are directly involved in development, health and refugee work in the Tamil homelands and international NGOs providing relief and practical front line support to the victims of War in Sri Lanka to discuss and exchange ideas on developing provisions to match the needs of Communities affected by the conflict in Sri Lanka. The Conference Was a professional exercise withoutany "politicking" and
'rpoint
the delegates who attended the Conference from Sri Lanka included health practitioners both in the government and volunteer Sector who are involved in assisting victims of violence from all Communities. The Muslim delegate effectively addressed the needs of Muslim refugees. Dr. H.I.K. Fernando who is involved in the rehabilitation of affected Soldiers in the War Was also invited for the Conference. Unfortunately, permission was denied by the Defence Ministry under the former Government. A Conference report is currently being prepared and will be published shortly.
It is the opinion of many people in the UK who have
read the report that the
Special Correspondent is neither a professional nor a responsible person. He is a mischief-maker and has Written about the Conference without doing the necessary research. Counterpoint opinion and articles were highly valued, Outside Sri Lanka particularly during the tenure of the last Government. Counterpoint has stood steadfastly against state terrorism for the freedoms of expression and publication. We sincerely hope that trend Continues.
Dr. S. Pasapathy Rajah, Chairperson TIC

Page 6
The Sudden demise of
Professor Cyril Ponnamperuma, publicised as the greatest SriLankanscientist who had acquired World fame, and propagandised as a local genius, had received little attention of the publicatarge in general and aroused mixed feelings among the Scientific Community in particular, so demonstrating the pathetic plight of scientific professionals of this country.
Insharpcontrast, however, if a politician Or an actor, for example, had succumbed to an accidental death, the local mass media Would have given an astounding publicity with appreciative Supplements and announcements and even television programmes and radio discussions, but, unfortunately, Professor Ponnamperuma had not been given the expected share of show-business-type publicity in spite of his close association with media tycoons in general and intimacy with media professionals in particular.
Yet, the propagandised publicity that Professor Ponnamperumahad been given is far from whatanativeScientist who had devoted his entire life, labour and time for the Scientific advancement of this Country would have ever received, which is a clear demonstration of the respect, regard and Credit that the local scientificcommunity is blessed with! Accordingly, feel it necessary and timely to elucidate the problems facing the scientific community of this Country and to evaluate the recognition that they are given by their fellowcountry-men. This can be best approached by
Prof. Alawattagc
comparing the attitude of the media on local Scientists with the publicity given to Professor Ponnamperuma before and after his death. I must emphasize that I have no intention of degrading or humiliating this dead scientist in any way, but to highlight the differential recognition given to privileged and under-privileged local scientists. But by doingSO might appear to have discredited Professor Ponnamperuma who has no opportunity of defending himself. However, the readers conversant with my revelations during the period 1989-1991 would witness how had fought a futile battle against the scientific dynastythat Professor Ponnamperumahadattempted to establish through harmful privatisation of scientic research in the guise of the institute of Fundamental Studies. As usual, almost all local scientists and Scientific establishments such as the Natural Resources, Energy and Science Authority of Sri Lanka (NARESA), Sri Lanka ASSOCiation for the Advancement of Science and various Science Academies remained virtually blind, deaf and dumb, so that privileged expatriate scientists like Professor Ponnamperumawere granted the opportunity of carrying on regardless with detrimental repercussions on the under-privileged native scientists and their research activities and achievements which had been drowned into the darkest fathom by the mass
Coun
4
 

da Pemadasa
media in general and the electronic media in particular
with the monopolised assistance of media professionals.
For the exaggerated inflation of privileged scientists, the local media very often misguided the ill-informed general public through misuse and abuse of Scientific information. For example, Professor Ponnamperuma had been elevated as the global genius who had discovered the fundamentals of chemical evaluation of lunar Soilsbrought to earth by the Apollo lunarnauts. We WOuld certainly be delighted if one of Our tribesmen had achieved such a global reputation, but, unfortunately, the truth is that Professor Ponnamperuma had Only been marginally involved in these research activities.
Inactual fact, the hypothesis that chemical evolution on primodial earth had led to subsequent biological evolution culminating in the origin of life had been advocated by European, American and Russian Scientists at the turn of this century when Professor Ponnamperuma was only a baby. It is, however, true that he had collaborated with a team led by Stanley Miller who researched the chemical evolution of Complex organic compounds from simple molecules of carbon, hydrogen, oxygen and nitrogen.
Similarly, the much propagandised debate on the origin of life between the two expatriate Professors
erpoint
Ponnamperuma and Chandra Wickramasinghe is nothing but a misguided exaggeration by the local media, for it has aroused little global attention but had led to a personalityrivalry between these two scientists for the sole objective of becoming the Sri Lankan scientific genius What they have done was to use the local media professionals to earn an unwarranted publicity and to provide a media-platform to degrade the native scientists by publicising that they are involved in mediocre research of no global or local significance and developmental relevance.
The truth is that a good majority of these expatriate experts of global repute are no more than greedy and selfish protagonists and propagandists who had deserted the native land for greener pastures abroad.Thus, theirself-centred
objective is primarily to gather
dollars or sterling pounds for which they sell their brains in the guise of Collaboration in scientific research where they are employed in Universities or
Institutes funded by multinational organisations.The resulting Scientific
achievements are often given unwarranted recognition and Credit in this country through media professionals who are being manipulated and sometimes even employed by these so-called expatriate scientific experts.
These exploiters of scientific research in foreign dynasties return home periodically for holidaying and make maximum of publicising their mediocre activities abroad. They are financially better of than native
January-February 1995

Page 7
scientists so that mass media and media professionals can easily be deceived, while the lattercannoteven dream of Such manipulation because of lack of financial and other privileges. How the media-men are deceived by the expatriate Scientists is evident from the followingappreciationextended to Professor Ponnamperumaby a science journalist of the Sinhala weekly Lakbima (8 January 1995).
"Unlike most Scientists, Professor Ponnamperuma is not big-headed. It is doubtful whether any other scientist would have provided cordial facilities tojournalists as he has done. We spent many happy days at the Institute of Fundamental Studies during Scientific Sessions, and no other research institute Can be expected toprovide the facilities that it has provided to us."
Quite true indeed. This reveals the predicament of native scientists and privileges enjoyed by the expatriates. Hardly any native scientist is blessed with social, political and financial capacities and capabilities to please media menas done by expatriateslike Professor Ponnamperuma who enjoyed the backing of foreign dynastiesandhigh ranking local bureaucrats not to mention the political assistance of the top authorities both in the Government and the Opposition, who played a decisive role as merinbers of the governing body of the Institute of Fundamental Studies.
The bitter truth is that local scientists attending the annual sessions of the Sri Lanka ASSOciation for the Advancements of Science have to be satisfied with plain-teas and bath-packets from boutiques, in Contrast to the proprietors of such institutes as the Institute of Fundamental Studies who can provide fivestarfacilitiesfortheyareblessed with unaudited foreigngrants.
what Pri.
The immediate reason fo your article "An Organised Ci in the December 1994 Counterpoint, but you will a fact that there are much wide issues need to address. lagt the contents of your essay a I saying the sameinprivate tot tolisten, if they stili possessea eyes to see.
write on the 47th annive called independence from t bond, and for a Socialist of ove of conviction and adherence, anddepressingtohavewitnes and fall of a society and an virtual dependence on inter capitalism. As I write to you desk my precious copy of The the Communist Aarty first Ceylon by the United Socialist in 1942, and sold for 20 cents my name and "February 194 wonder how many of those in comrades of that timestill poss copy and treasure its content me, they remain timeless ar precept and practice.
I cast my first ever balloti Election of 1947 for Bern, Colombo South, who came t an octogenarian Trotskyite" somewhat haphazard, opp incoherent political allianceol all elections, thereafter, (exce was out ofthe Country) hav against the UNP up to Nove You can imagine my feelings of what is happening undero by leaders (old and new) whic representing the people and of the people at large, a proceeding to demonstral disregard and contempt for for dramatic change.
We are now being askedt the irresistible realities of th economic order determined of worldcompetitionandtheira appear to have a strangleho thinking and functioning of t One is only too well aware of to which the previous
|
Counte
January-February 1995

Dialogue
CG Independence
r my letter is il Movemento 4 issue of ppreciate the er and deeper 'ee in toto with nd have been ose who care rs to hear and
rsary of a sohe imperialist rhalf acentury it is both sad sed the decline economy into national neoI have on my
Afifestof
published in,
Party of Ceylon have signed 2" in red ink. electuals and ess this unique S, because for ld valuable as
n the Generał ard Soysa in ird. He is now
Minister in a ortunistic and F the people in ept 1956when ecast my vote bmber 9,1994. in the Context ur very noses, claimed to be heaspirations and are now te their jitter pledges given
O acquiesce in e international by the dictates gencies which ldon both the he PA regime. their "realities Government
capitulated by slow degrees, more and more, until we were bound hand and foot. The present Government (most, if not allof whose ministers and membersbear almost identical social and political images to those they supplanted) has in turn become aprisoner of . those same powerful agencies, and their apologistsandpropagandistsproclaimthere is no other avenue to development,
It is all too easy to succumb to this 'new world order, and carry on regardless of the peoples' desires and demands because governance becomes smooth sailing and no indigenous direction of independent decisions need be made. Allis manipulated from outside, and it is very convenient and profitable for the minority to dance to alien tunes, and allow themselves to become puppets on a foreign string. It is much less easy, however to realise there are other realities ... but then these paths involve struggle and sacrifice which Our present leaders (captive to the 17 year itch) seem both incapable and reluctant to follow. What is the point of winning two elections in Succession?
It is being said that the Socialist system has collapsed ordisintegrated, and can never recover from the disasterithasundergone in regions where is once held sway. These Critics are aware of the "crisis of socialism". But they refuse to concede that what really was overthrown (by the forces of international capitalism) were, at best deformed or aberrantly rigid versions of Marxism, which were not representative of the classical, revolutionary tradition of socialism. So they now proceed glibly to speak of there being an escape from the overarching demands of capitalism because their disenchantment has arrived easily and with profit to themselves, in one way or another.
Let us accept that this historic political doctrine or social model of development may have suffered Serious damage, but there is little reason to doubt or waverin its ability to rediscover itselfinotherforms"with a human face", instead of surrendering to the voracious forcesofa faceless capitalism, We need to redeer both Our belief in the possibilities it stil holds out for hurian emancipation from oppressionandindignity. This needs both honesty and courage, and the ability to cornetoterms with new realities.
lan Goonetieke
th i
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5

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Presidentialpiqueo
e President has the utter presumption to dictate to the press as to what should and should not be published. In the best of times this sort of gratuitous advice is odious because it is so obviously self-seeking. From a President who stormed intopower on a pledge of ensuring an unfettered press, a free and fair media, after 17 years of it being "cabined, cribbed and confined", all this advice takes on an even more disgusting resonance. After all, the Premadasa UNP did much the same thing with much less sanctimonious claptrap. The point is, who does the President think she is fooling with all this highsounding rhetoric, when the bottom line is still an attempt to gag and bind the media?
Much has been written about the President's statement on irresponsible journalism and "the freedom of the wild ass". Yet, the entire context of these claims must be examined once more so that they can beset in perspective. The PA Election Manifestostates quite clearly that it is committed to re
establishing the freedom and
independence of the media. In a separate section of the Manifesto entitled "Media Policy" the People's Alliance pledged to remove the constraints imposed
onjournalistsby the Public Secur Press Council Secrets Act anc (Powers and through amenc legislation. All t been relegated to empty rhetoric d pique of the Pre that herprivacy
This same PI Governmenthac with the journa them into წow exposure of the scandals of the Now that the jo the media will h belt, just as th tightenhis, itwo "foul"weren'trai Kumaratunga freedom mean criticise the UN suddenly devel delicacy and journalisticethic istherub-shea to determine fo the media.
President Ku taken offence a accounts of her the extent of a investigateasto about her atter
party of a no
Соит
 

భపప్తి
the Constitution, ity Ordinance, the Law, the Official the Parliament Privileges) Act ding the current his seems to have o the dungheap of luetothepersonal sident who feels has been violated. resident and her inosuch problem lists who helped ver through the publicandprivate previous regime. b has been done, ave to tighten its e worker has to uld seem. Cries of ised by Chandrika when media t the license to P. Now she has oped a sense of a concern for s which -- and this nd her cronies are and on behalf of
maratunga has t the newspaper
personal life, to king the CID to y, allegedly false, ding a birthday w-close political
rpolicing thepress?
advisor at the Oberoi recently. Now, while therecambeno doubt as to the President's right to privacy and the responsibility of journalists to report the truth, it is, nonetheless,alittledisturbing that the Editor, Sunday Times was summoned to the CID's infamous "Fourth Floor" for interrogation on this matter. On the one hand, more serious incidents such as the beating up of Sunday Leader Editor, Lasantha Wickrematunga receive shortshrift from the Police, while a senior editor is grilled on the sources of his story about the President's nightlife, so soon after hercomplaint. If the Police is evenhanded and justice is meted out without fear or favour, then the ominousness of the President's intervention would be less discernible. Yet, the UNP created in the Police a partisan arm of government which the PA has done little to change. They have taken action against some officers who were allegedly in the keep of the UNP, but in doing so have created their own network of allegiances and mutual obligations. In fact, the recent instance of inebriated Presidential Security officers assaulting public citizens with impunity at Tissamaharama smacks of the worst era ofUNPthuggery.
The President's intervention is
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January-February 1995

Page 9
all the more troubling since she has chosen to call in the CID in this manner just at the juncture where the faith of the media in the Government is at its lowest ebb, particularly since the attack on Wickrematunga and his wifecame close on the heels of numerous threats allegedly made by Presidential Media Advisor, Sanath Gunatilleke. Despite the fact that the Wickrematungas had cited Gunatilleke as their prime suspect, it took the Police four days to record his statement. The fault may not lie with Gunatilleke whose tardiness to volunteer a statement does not necessarily constituteguilt, butwith the Police who clearly dragged their feet on the matter. Another journalist, Harrison Fernando was assaulted on February 6th, but the Police has been characteristically lethargicin its investigations. Insharp contrast is this case where the President's complaint resulted in the promptest action possible.
In this context, it is irrelevant that Lasantha Wickrematunga's Sunday Leader was pursuing its own political agenda, and that some of the stuffhepublished was petty and puerile. If Mr. Wickrematunga's and/or Mr. Ratnatunga's papers had published deliberate innacuracies designed to injure the reputation of the Government, as alleged by the President, then there was and is recourse to the law to remedy the situation. In this matter, members of the Government should be no different from ordinary citizens.
It is clear, therefore, that there's more at stake here than the President's feelings of hurt -- though we are very aware of her right to be morally outraged at such dastardly untruths, if indeed they be so, and her equally justifiable desire to be vindicated in the eyes of her adoring public. The point is that the President has every right to go to any party she chooses, whether it be at the
Oberoi oranothe also has every r these same pal righteously indig misreport thatsh them when, in f that she didn't go fact, she did. Bu farmore importa hands than thi desire to put th straight abouthe No, clearly th different. Presid is sending a unequivocal journalists that t line or beharasse in ways that are non-Fascist. The earmarked för systematic propí state-owned tel and all obstacles removed in responsible repo ethics, determin by Parliament. Sunday Times sto excuse with w recalcitrant mem over whom the d in the form of pc have proved fut The Presiden Day Message co of wisdom: "Ou given life to the to work in freed today enjoysam which has at ti doubts whethert standards in me my hope and ex opportunity giv of themedia tose and a sense of rei used to act as victories achieve Byimplication brouhaha has be in this regard, then, that the ( the President's ni to the victories people", and, the the highest prop
Соитt
January-February 1995

Cover Story
r5-star hotel. She ight not to go to ties, and to be nantifjournalists he went for one of act, she didn't, or for one when, in t, surely, she has intworries on her e self-righteous e record forever rsocial calendar? e agenda here is entKumaratunga a strong and
message to hey must toe the dandintimidated only rhetorically 2 SLBC has been
continuous and
aganda, as has the evision network, to this are being the name of orting and media ed if you please, in this sense The ory isa convenient hich to clobber hbers of the press, angling ofcarrots sitions and perks ile. t's Independence intained this gem Government has
right of the media.
om . . . The media easure of freedom mes led to some here are noethical dia freedom. It is pectation that this en to all sections ek highstandards sponsibility is not a threat to the 2d by the people." l, since the biggest een raised by her it would appear, mis)reporting of ghtlife is "a threat achieved by the arefore, a crisis of bortions. Perhaps
erpoint
whatis requiredisamassivepublic protest against these journalists who seem to working so stubbornly against the people's hard-earned victories. This means,
Madam President, that the public
seems to have got the wrong end of the stick. They are picketing, protesting and writing posters against the closure of the nonformal education segment of the Educational Service of SLBC, against the assault of journalists allegedly by the Presidential Media Advisor, against the questioning of an editor by the CID at the infamous fourth floor, and so on. The people say that these are the "threats to the victories achieved by the people" by those who want to protect their private victories. Mediapersonnel arealso saying that media ethics must be drawn up by those in the profession, as is done in every analogous situation. Is it conceivable that Parliament would consider it in keeping with its highest traditions and a measure of parliamentary freedom if Parliamentary Ethics were to be formulated by the Media?
Besides, the SLBC issue shows that all this is not only about what some may consider to be misguided emphasis on the reporting of political events. How can you justify the scrapping of what was indisputably in the best intellectual traditions of radio journalism, covering key issues in contemporary culture, the arts, politics and so on, and fostering free-thinking and open democratic debate? Moreover, these broadcasts were conducted by the same people in the same way even during the Wijetunga administration.
So, President Kumaratunga, let's dispense with all this doublespeak and high-sounding rhetoric. What, fór instance, is the difference between your recent claimpdown and the UNP's media repression, given the fact that you've just begun, and they had 17 years to perfect their art?

Page 10
Conspiracy to discred
Counterpoint interviews Sanath Gunatillek Advisor to the President, who has been accused b Editor, LasanthaWickremalunga0fthrealeninghin and his wife Raine, also a journalist Working atl assaulted On Feb. 6, 1995 While on their way hom have Cited Gunatilleke as the main Suspect, a WitneSSes Can bear testimony to his threats of pf
CP: Now, Lasantha Wickrematunga's main allegation is that you threatened him through many intermediaries -- four persons are apparently willing to give evidence. What do you have to say about this?
SG: I have not threatened Lasantha Wickrematunga. Nor have I any reason to do so. Let me explain an incident concerning The Sunday Leader newspaper that may throw some light on this allegation. The Leader has a section devoted to cinema which carries articles on Sinhala screen actors and actresses. I was contacted by a journalist working there for an interview -- I think his name was Atthas, but I'm not sure -- in October, and I said that I wasn't able to do an interview just then. He called me later and this developed into a nuisance. I honestly didn't have the time then to give them an interview, and I have certain policies about press interviews which is a kind of self-censorship, but there was nothing personal even at this stage. I just couldn't do.it.
Then, he asked me whether I was stalling because I had something against their paper. I responded that I had no reason to be against their newspaper, and that during this period I had given no other interviews to any
other newspap didn't accept in and kept reiter harbouring an The Sunday Le kept calling m me for the inte responded tha them one. The exchange over this juncture, a down the pho
I phoned La at this stage a him about the harassment Il his newspape was that I was my rights to r and that what
was very wro
CP: The all
Cou
 

it me and the President
, Special Media 'Sunday Leader 1. Wickrematunga he Leader, Were 2 from Work. They leging that four ySiCal Vi0lenCe.
ers. However, he ly explanations ating that I was mosity towards ader. He then 2 and harassing rview, and I t I will never grant re was a spirited the telephone at nd Ibanged he on him.
Wickrematunga d complained to verbal abuse and ad received from . His response perfectly within fuse an interview had happened
3. . . . gation is that you
nterpoint
sent a threatening message through the son of Nauvaloka Mudalali, Ulpali Dharmadasa. Also, about tuvo orthree days before this incident you are supposed to have said that you would "break their legs". In addition, on tuvo more occasions you are alleged to have made threats.
SG: I deny all this vehemently. I don't see any connection between Nawaloka Mudalali's son whom I met casually at a party and this matter.
CP: In your view who assaulted Lasantha and Raine Wickrematunga then?
SG: I can only give you my opinion for what it's worth! I think that there's a conspiracy of some kind behind this incident. I can't tell you exactly who's at the bottom of all this. It may have even been engineered to get me into trouble. In fact, many media personalities and others have prejudged the incident and found me guilty without any trial. Those who are against me personally or politically are taking unfair advantage of this unfortunate incident. Beyond this it is difficult for me to tell you what happened. But the truth will come out in the end and I'll be vindicated. Another point: as soon as this incident took place some politicians reacted very quickly and strongly. These same politicians remained utterly silent when much worse incidents took place in the past even though they are very active now
Yet, I condemn the attack on Lasantha. . . . At the same time, I think that media personnel should act with more circumspection and less haste in accusing, trying and finding me guilty without any respect for
January-February 1995

Page 11
due process. Even in the reportage after the incident, many journalists have not been fair by me because they have chosen not to ask me for my side of the story. Some have even distorted casual remarks I have made in other contexts and presented them as evidence that I was guilty. ...
There also may be the desire to bring the President and the entire government into discredit through a "set up", but I don't think that I should speculate more about this since I have been made the accused here, so I should not say unnecessa things! e
CP: What if any personal problem do you have with Lasantha Wickrematunga?
SG: I have no problem with him. I have never even met him. There was a misunderstanding about an interview in The Leader, the circumstances of which I have already explained, and that's all. Also, you must remember that as a film actor I am quite used to being slandered in the press. I have been at the receiving end of much worse insults and untruths than those that appeared in the papers recently, so I wasn't unduly worried. There was a time when five cinema magazines were competing for sales, and what better way to do this than to write about the private lives of leading actors and actresses! CP: There's the view being expressed by analysts that despite your claims of innocence, such an accusation compromises your status as Media Advisor, and that you should step down temporarily until the investigation clears you of any involvement. What is your view on this?
SG: People are free to express any opinion they want. Even in our courts of law a man is considered innocent until he is
proven guilty, b been deemed to before I am char crime. This is a t justice. I am not people expressir you have just ou However, when prove that I was incident, then Is resign but also it penalties of the
I have nevers interfere or influ accepted legal p case. After Lasal Wickrematunga as a suspect the every opportuni me, to take me i: to implement th blocked or avoic Yet, I could see certain outsiders overly anxious t legal process ag me to the Police Ifthis stemme honest concern caused to the jo respect it, but I c the motives in th that pure.
I can proclaim with a clear con therefore, I don'
why I should re.
CP: There is sa about your della the Police to ma Shouldn't you h, a statement pro innocence witho the Police to cor took four days?
SG: I don't thi from my point o should I report t when I had not asked to do so? normal activities hiding. I even as officer I know w and he too advis until the Police r make a statemer
CP: About you
January-February 1995
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ut sadly I have be guilty even ged for any ravesty of worried about ng the opinion utlined.
SOeOe Ca involved in this hall not only nvite the stiffest law.
ought to lence the rocedures in this ntha cited my name Police have had ty to question nto custody and e law. I never led the Police. clearly that s were the ones o galvanize the ainst me, to send Station. 'd from an for the hurt urnalists, then I lon't think that his case were
my innocence science, and tsee any reason sign. pme question y in reporting to ke a statement. ave volunteered claiming your ut uvaiting for tact you which
nk so. Look at it if view. Why to the Police peen officially
went about my s: I wasn't in ked a police hat I should do ed me to wait equested me to it. trappointment
Cover Story|
as Media Advisor to the President, do you have a proper letter of appointment?
SG: Yes. I can't remember the exact date offhand, but my letter was given to me in November 1995.
CP: Now, according to the Constitution, when the President makes any appointment other than as a Secretary, she has to inform the Cabinet -- not to obtain approval, but merely to record it -- and as far as we know she has not done this yet. Doesn't this invalidate your very appointment? You were, of course, appointed first as the Prime Minister's Media Advisor when Ms. Kumaratunga uvas Prime Minister. What, then, is your status if, as we maintain, there is no record of the President informing the Cabinet of your appointment?
SG: I am not aware of the accuracy of your claim, but as far as I am concerned I have been given a letter of appointment under the Presiderst's seal and that is sufficient for me to work in the capacity of Media Advisor. Whether or not this appointment is valid in law is not for me to determine.
CP: The other name linked with this incident is that of Mr. lIdaya Nanayakkara who is known to be a good friend of yours. Do you think that he is involved in this?
SG: I can't respond to a question which asks about another person's involvement.
CP: As the President's Media Advisor what's you view on the appointment of a Parliamentary Select Committee to determine a code of media ethics?
SG: I think that it is best if the media personnel themselves determine their own ethical guidelines, and not a government or parliamentary body.
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Page 12

uninteresting to but the need to
his power, despitesolittle interms of obvious credentials to recommend him for such responsibility, is the legitimate element of the public's right to know. After all, the President's other advisorshave some claim to the relevant expertise and credibility within their chosen disciplines. Lal Jayawardena, for instance, an Economic Advisor, is an internationally reputed
January-February 1995

Page 13
Sanath threate
CP: Your newspaper has been accused of being blatantly antigovernment and pro-liNP. How do you respond to this?
LW: First of all I will outrightly dismiss the allegation that we are pro-UNP. To say we are pro-UNP we must as a newspaper take a definite stand saying that the UNP is the best party to run this country, which we have never done. On the contrary we have been critical of individuals in the UNP as well. As for being anti-government, you see when you focus on issues where the PA has not lived up to its promises, that does riot necessarily mean you are anti-government. We raise social issues, economic and political issues.
CP: The other criticism about the Sunday Leader is of its quality of journalism. Some have criticised the paper as following the British tabloid tradition. This is specially because of the political column which is seen more as a gossip column.
LW. First of all I will dismiss the allegation that it is a gossip column. The government was reeling under the pressure of some of the details of the doings of the inner circle of the President and the President herself which we were highlighting. They were trying to find ways to counter it and they decided that the only way they could counter it is by trying to start a campaign of calling this gossip. Secondly, why I say it is not a gossip column is simply for this reason. You see, when the President of the country goes and dines at a 5 star hotels she is perfectly entitled to do so. But when she does so while neglecting her duties as head of state then they become relevant issues. Then, the President goes for dinner at the Hilton with a person she herself has appointed as a director of that hotel, Padma Maharaja, who signed for the bill at a discounted rate. Then, to add to that the President waits till two three in the morning and is late for the appointments the next
Counterpol Lasantha Wi Editor, 7he Sur victim of a bri Februar
She is the Preside of Cabinet but she when a bulk of th taken. In that cont ceases to be prival public issue.
CP: What kind you faced from the leading up to the a your uvife?
LW. Right from say after about the issue after the PA into been, we had Telephone threats, don't take these thi towards the latters reporters Mr. Nifal been in touch with Gunatillake, the Pr Adviser to get ani been critical about occasions, even thr children in a veiled at one stage. "The two children. Lasa
day. Those are relevant political children, would h issues. Specially the President has ჭუჭესწჭუჭუ been late for every Cabinet meeting children. The Pres
Counte
January-February 1995
 

Cover Story
'ned my kids ...
mf intervieWS ckrematunga, day leader, the Jtal aSSault On
6, 1995
nt, she is the head
is hardly there e decisions are ext her private life te. It become a
of pressure have
Government ssault on you and
the very inception, fourth or fifth government came a couple of threats. and so on. But you ings seriously. But stages one of our m Nizam who had
Mr. Sanath esident's Media nterview. He had
the OleOS eatening my
form by stating President has antha has two e like it if led to his ident would feel
rpoint
the same way when people read these things in the newspapers". The most serious was when he threatened to kill me. That is the last telephone conversation he had with Nizam. My brother Lal spoke to Mr. Upali Dharmadasa who is also a friend of Sanath Gunatillake and he sent a message to Sanath Gunatilake through Upali not to indulge in such theatrics and that we would use this at an appropriate stage. The information my brother got from Upali Dharmadasa was that Sanath had not minced his words about me even to Upali. And Upali has told my brother he does not mind being quoted on this. Then, of course, this incident happened. Only the police investigation will reveal the truth about that. But on the night of the investigation we got a call. The caller saying he was phoning on behalf of Sanath Gunatillake said "please don't blame Sanath for this, it is the work of Mr. Udaya Nanayakara". He said they would furnish the names of the four people involved in this incident. The very next day Sanath Gunatillake himself telephoned my brother and again said that he did not do this, is he was to do it he would have come and personally done it, you know the hero part in the Sinhala cinema again, These are matters for the Police to go into. CP: You mentioned Udaya Nanayakara. The column in that particular week talked about his debt to Air Lanka. Do you see a connection between that and the assault?
LW. You see the column in that particular week talked about Udaya Nanayakara but that was not the only occasions that we have referred to him. On several occasion we have referred to Nanayakara where in some ways he has in a way encouraged and associated with the President in going out for dinner, planning holidays and so on. We raise the issue of how these social events become significant even politically. They give mileage to people like Udaya Nanayakara in their business dealings.
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Strong suspicionag
CP: The Government came to power promising greater media freedom. However, for the first time in this country an Editor of a newspaper and his journalist wife have been assaulted six months after the PA came to power. The Police as usual don't have a clue as to who was behind the assault. There is lot of talk that people close to the President herself were responsible for the attack. What is your reaction to this type of incident? DS: As the Minister for Media it is my concern. I have to protect the journalists. That is something I have to do as my duty. At the same time, we came in with a manifesto where the free media concept was accepted by us and we promised this to the people. When I heard about this incident I immediately contacted the editor's family. I telephoned the relevant police stations I told the police to do their utmost to find the culprits. But we must be somewhat cautious as to the motivation of the assault and who did it. As the IGPsaid today so far there is no serious clue as to who was responsible except that there are several people to be questioned even belatedly. I will go to the extent of agreeing with you that this was a calculated assault of an Editor of a paper.
CP: In this case there is enough evidence that the Media Advisor to the President, Mr. Sanath Gunatilleke threatened this journalist over and over again. What is your reaction to the Media Advisor to the President acting in this way? Doesn't it discredit the Government?
DS: Of course, if he has done so it is quite wrong. That is why when the assault took place I first of all condemned it. And if it was done by the Media Advisor to the President the culpability is very much greater. But only if it is so.
CP: The question is not about the assault itself. It is about the threats. DS: If he has actually done so I must say that it is not becoming of a media advisor to the President. I fully agree with you...
There is strong suspicion against the
Counterpo * Dharmasiri Minister of TOL MaSS
Government's actic responsible for wh there is the vicario responsible goverr happened to be the Advisor. If that is t to be the President to be established.
CP: The Cabinet a sub committee tic media." What exa DS: That is b&ca rumours and alleg around. The Govel parliamentary grot Cabinet is a little u media, while the g to do it best to free use the freedom. I legitimate on the p Government to ha see whether anyth on. Several Cabine volunteered to hel agreed that we mu to examine these n stultify the media we are very seriou policy and to gets for us to operate.
CP: Mr. Manga, volunteered to be when confrontedt in Parliament on editor of the "Suna
Media Advisor because he threatened thought it uvas plu the man. But I must say it is not the himself. How can Government's policy, it is not the makes this type o
Cour
12
 

ainstMedia Advisor
mm
inf interviews
Senanayake,
rism, Aviation & Media
on. We are not at he did, although us liability of a
ment because he : President's Media he case, he is not fit 's Advisor. But it has
has now appointed
"look into the rtly is its mandate? use of certain ations that are going
nnent up and even the neasy whether the overnment is trying it, is trying to misthink it is quite art of the ve that concern and ing wrong is going t ministers p me. And I readily st have a committee
atters, not to out to tell them that sabout our media ome breathingspace
a Samaruveera uvho in the committee, y some journalists he assault of the ay Leader said he nned by the editor
minister who irresponsible if not
terpoint
stupid remark be in any committee concerning the media?
DS: If I were him I would not make such statements.
CP: Another area of controversy is the Education Service of the SLBC where there are accusations of the government appointed management curtailing the freedom of employees in that section to carry out their work. What is your position on this?
DS: I am trying to continue the Education Service. But there are certain managerial changes that have taken place. For example, Thilak Jayaratna was Acting Director who was responsible for programming. During that time there were some issues that came up. The programmes came under severe criticism from some colleagues including some parliamentarians. So, I went into this and I thought a review has to be done. I told Mr. D.E.W. Gunesekara the Chairman of ITN, a former parliamentarian to meet the groups concerned and see what best could be done. While maintaining this service whether some kind of compromise can be made. So the decision is for the formal education service to go on as it is and the informal educational programmes to be handled by the Director General himself. It was the best I could do. The Director General can have better surveillance not to interfere with the substance of what is going in to the programmes. I believe that this compromise will work. If we didn't reach this compromise a greater disaster would have taken place. I myself would not dream of closing this service, because I myself felt there must be a place where free dialogue must take place and people be kept informed. But these are the hazards we face in this trial and error period. We are trying to do something good and these are just roadblocks.
CP: So where does the Government's commitment to a free media stand as of now?
DS: At the moment the media is
enjoying a certain kind of freedom.
Take the government-owned media like Lake House. I have told the Editors there is a heavy responsibility on them to do the correct thing. I don't want it to be a government 'horanawa'. But is has to be balanced.
January-February 1995

Page 15
The President
he assault on Mr. L a S a n t h a Wickrematunga, editor of the Sunday Leader and his journalist wife Raine Wickrematunga, hardon the heels of a series of harshly critical columns on the President and her close associates in the Leader,
highlights yet again the fundamentally important question of a free media in this country.
Mr. Wickrematunga has stated to the police that prior to this dastardly assault he had received threats allegedly from Mr. Sanath Gunatilleke, the Media Adviser to the President. This is grimly reminiscent of that era when security chiefs made death threats tojournalists through their editors and journalists were murdered, beaten up, intimidated, harassed and abducted with impunity.
At the time of writing this column, Mr. Gunatillekehas made a statement to the Police denying any knowledge of the assault. On the TV programme Insight of Saturday 11 February, Mr. Wickrematunga also stated that an anonymous telephone caller to his residence had said that Mr. Gunatilleke was innocent of any involvement and that the person responsible was Mr. Udaya Nanayakkara, the President's exbrother-in-law and close confidante. Mr. Nanayakkara's business affairs had been laidbare in Mr. Wickrematunga's column the day before the assault.
The government has condemned the assault and assured parliament that theassault will be investigated and
WY
appropriate acti the offenders. manifesto pledg greatest im strengthening providing a fra which the med independently inhibition", it isra justice is seen to that justice bedc In political ter. as important as crucial that ther the Government are not poisoned and mistrust. Co. the President's M close confidar implicated, ever done to dispe reasonable dou perception amor and the pub government, ei through its he indulge in, cond slum violence.
There is no dis should not be c they have hac exonerate them government or p immediately a prejudice. After thin line betweer misperception au the prerogative alone.
Mr. Gunatillek Media Advis Nanayakkaraher could be the vic campaign O assassination. Lik citizens, they hav
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January-February 1995
 

Cover Story
and the Media
ASA
on taken against Given the IPA e attaching 'the portance tΟ the media and mework within ia can function and without is important that be done as it is
)e. ms, perception is reality, and it is elations between t and the media by fear, suspicion nsequently, since edia Adviser and te have been ything has to be el beyond any ubt, a growing ng media people lic, that this ther directly or 2nchmen, does one or cover-up
pute that people onvicted before a chance to selves or that resident should ppease public all, there can be a perception and nd justice is not of any one side
e, the President's er and Mr. close confidante, :tims of a nasty f character 

Page 16
otherwise, he would be standing upon his honour to the political detriment of the Government he serves and he should be shown the light.
The assault highlights a number of issues.
It sharply focuses attention on the personalities involved in public life and the conduct of those closely associated with them. It brings to mind that frequently quoted statement on the latter category.
Plutarch in his ancient Roman classic Julius Caesar, wrote those immortal lines 'Caesar's wife should be above suspicion', as Caesar'sjustification of his divorce from Pompeia after she was unwittingly involved inascandal. Whoever was involved and whatever the involvement in the despicable assault on Mr. Wickrematunga and his wife, shouldn't the President, Mr. Gunatilleke and Mr.Nanayakkara -- and anyone else to whom this may apply -- think long and hard on this statement? Betterstill, they should read Plutarch and ponder upon Julius Caesar'.
What then of the free media under the IPA government ?
The assault has dramatised concern on this score and drawn attention to recent remarks made by the President on the subject of media freedom.
In her Independence message, the President observed that under her government, the media enjoyed a measure of freedom to the extent that at times, there was some doubt as to whether there were any ethical standards accompanying such media freedom. She went on to express her "hope and expectation that this opportunity given to all sections of themediato seekhigh standards and a sense of responsibility is not used to act as a threat to the victories achieved by the people'. Four days after the attack on Mr. Wickrematunga, the President announced to the Foreign
Corresponden (FCA) that a co journalists woul to prevent ab freedom. A committee has b this task.
The President some indication and vented her of themedia--the of the Leader, no She contended why the press should have a w and we shall bri the kind of regu in other democra went on to say freedom we hav abused in anunac even within a de is utterlyirrespo going on at the parts of the pres: The confusion liberty and the tabloid journalis gutter press, cal aside, even in Britain, the USA their share of problem. Thattl been arguab. systematically l character of the I government, un the public's right acknowledged.
Neither in a democracy is th or non-partisa physical assault irrespective of th journalism, is no a democracy. needs to attend beforeitgetsimn a code of ethics
Indeed, as muc for journalists ti ethics, it should r of government code. Notions journalism' and wildassare esse ones andanyatte
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14

s' Association de of ethics for id be formulated use of media
Cabinet sub'en charged with
gave the FCA of her thinking nger at sections 'political column doubt, included. l, we don't see in this country ild ass's freedom ng it in line with lations that exist tic countries'. She that 'the media e given is being ceptablemanner mocracy.... there insiblejournalism moment in some
5 •
of license with lurid excesses of m more akin to a nnot be brushed a democracy. and India all have his unfortunate he Leader too has ly guilty of pesmirching the President and her der the guise of to know, must be
dictatorship or e press apolitical an. However, S on journalists, he calibre of their t the hallmark of The Government to this pronto, hersed in devising for journalists hasitisnecessary o have a code of lot be the business Io impose such a
of 'responsible
freedom of the ntially contestable :mpt to arbitrarily
pin them downwillinvariably take its toll on democracy.
The government and the journalists have to repair a badly damaged relationship and impediments to cooperation on this crucial issue must be removed. In these circumstances it is difficult to imagine anything more unhelpful than devising a code of ethics for journalists and at the same time, retaining the services of a media adviser accused of threatening and assaulting a journalist!
Political parties, whether in government or opposition, need the media and it is stupid for them to assume that in either position they can manipulateitindefinitely. The PA and the UNP ought to know this from experience. The media for its part has a responsibility toinform, toeducate and entertain. Above all else, it has a responsibility as a vibrant part of civil society, to protect and enhance democratic freedoms. One hopes in this respect that it will be noble not nasty, fearless and not just frivolous.
No media organ can thrive indefinitely by dishing out venom or muck. There is a saturation point in the public's appetite for both. Likewise, no government can indefinitely bully the media into submission withoutcorroding its own credibility or damaging democracy.
Beyond the written laws lie the decency and judgement of the people. Is it sheer naivete to assume that they will not act to prevent damage being done in the name of their right toknow? After all, the Achilles heel of a media organisation is its circulation/ ratings and both depend on our basic decency and good judgement.
In the relationship between the President and the Media, there are wild asses on both sides; as long as they are allowed to run free, both sides better beware
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January-February 1995


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Towards the Freed
People's Alliance came to power through an election in
which Media Freedom played a very significant role, and yet there are serious concerns emerging already whether the Government will renege on its promises on the subject.
The voices that today speak in terms of a Code of Ethics for the Media and the responsibility of journalists, give the impression they believe that Media Freedom itself is a Pandora's Box which had better be kept shut, for the greater good of the Government.
Suddenly we see those who strained to be in the front rows of the audience at the seminars and public meetings of the Free Media Movement, talk in terms of a "hemin, hemin" attitude on the subject of Media Freedom, or go evenfurther, to declare thatMedia Freedom is not compatible with the cultural ethos of our people. Strange attitudes indeed for people who came to power on a groundswellofdemocratic feeling, in which the subject of Media Freedom was very high on the political agenda.
The about-turns of politics are
I is barely six months since the
not strange to the Sri Lankan
public. In fact, for too long it has been regarded thenorm of political success. But, the about-turn that some seem very keen to take in the matter of Media Freedomis, in my view, far more serious in the context of democracy, than the Uturns that are being proudly proclaimed in the area of investment policy and economics planning.
With a government in power that in its very welcome and salutary declaration of Media Policy, issued as a Cabinet Statement, condemned physical
Lucien Rajak
attacks on journa expect to see t newspaper, anc spouse, attacked term of office. To evidence to accus of being responsil But I do fault the dragging in th which by implic finger at the gov still, I accuse the N the Presidentofa of his civilian dut tothe Police immu was linked with act which, by clea he is employed ir Secretariat itse fingers at the go As for the Polic Media Advisor, a star holding a v government post because his hom it is something country bump. accept. It pointst Police to think foretellers insteac in the matte frightening a assaults on memb Estate.
If the Wickre near Colombo, V ofan EnglishSun was in high fo ignore theassault Harrison Fernan the Puttalam Me on February 6, Police display penchant for fo giving willing maSterS.
If the situation journalists who government, anc itand closetoit, is on at the SLBCp
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January-February 1995

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om of the Tame Ass
arunanayake
lists, one did not he Editor of a i his journalist lso early in its be fair, I have no ethegovernment ble for the assault. Police for its feete investigation, ation points the 'ernment. Worse Vedia Advisor to ctingin contempt y, innot reporting ediately his name the assault. An ar implication, as the Presidential lf, points dirty vernment.
ce excuse that the well-known film ery high profile , not being found e was locked up, which even a kin would not o the need for the of hiring lightdofinvestigators, r of probing nd disgusting pers of the Fourth
matunga assault where the Editor day was involved Cus, one cannot onjournalist Rex do, President of dia Association, where again the ed their great ot-dragging and ear to political
h with regard to are critical of i personalities in such, the goingsoint to a another
dimension of the new threat that hangs over the state-owned electronic media. From the inception of this government there were clearindications, despite the excellent declarations in the Media Policy, that it had little interest in bringing about a genuine spirit of free expression and in-depth reportage inthese institutions. The tactical method adopted for this purpose was the administrative mechanism by which both SLBC and SLRCremained dejure under the Ministerfor Media, but defacto under real or pretended appointees of the President.
The octopus-like control which Mr. Lionel Fernando exercised over the state-owned media as Secretary to the Ministry, Chairman of both Lake House and SLRC, and with directoontrol over SLBC, did not help at all in the initial stages. The arrival of Mr. Vasantha Raja from London, with peculiar concepts of media freedom, almost unaware of mass feeling here on the subject, did not help either.
In the event, the chosen targetin the electronic media was the New Education Service, which was carrying on a commendable task of moderninter-active community broadcasting, un-interfered with even during the UNP administration. The entire gamut of tale-bearing and back-stabbing, so common to the electronic media, was in full play in this crisis, with a great public show of proximity to the President (whether true or false) by parachutist sycophants, whose links to the UNP would be revealed by a mere scratch on the surface. The principle is clear. If you can stooge to one, you always stooge to the other.
After a series of harassments directed at the acting Director of
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15


Page 18
the New Education Service and theservice itself, theissue on which he was victimized was that he took internalissues of the SLBC outside, to his listeners. A daring move, andina senseunwisein the context of the forces of opposition building up against him. Yet, that was no cause to penalize and virtually make impotent an excellent service, especially after those who opposed the airing of SLBC problems on its own airwaves, decided to make a detailed and nauseating news item on national news about the appointment of the new acting director of the New Educational Service. Where was the inquiry? Where was the punishment? Or, was it because it fell in line with the usually low staadards of SLBC news broadcasting, anyway.
So much for the highlights of
the crisis, which have now been compounded by the appointment of a Cabinet Sub-Committee to draw up a Code of Ethics for the Media.
It will be improper to discuss the crisis of the media today, without recognizing the positive steps taken by the PA government in pursuance of itselection policies and its declared Media Policy. PrivateTV stations can now gather and broadcastlocal news, and TNL news, although badly presented, is attracting an ever widening audience. Similarly, private radio stations are permitted to have their own local news services, which has led Yes FM and Sirasa FM, to set up their own news divisions. Government advertising is now distributedmore liberally, evento publications that criticize government policy, although some publications that are the direct mouthpiece of the ruling parties (or party) have an access to advertising quite unrelated to their readership reach.
There are also four committees doing very useful workin making recommendations for: a) the amendmentofall legislation
governing mec a view to wide such freedom; b) the establishm Media Institut of journalists a of ethical stanc c) improvement conditions of their avenues f and d) the broad-basil These are no which deserveb rush to attack However, the fa
While non journalism se the metaphori the Wild aSS, politicians Se keep repeating mantra? The (
Il Can COntri freedom of keeping to imagery, is th the an
the new trends til can very easily di achievements ( months. What o the government' Media is a dich two sides of va pullingin differer those who are in tameand controll gaining the uppe
That is why th freedom of the repeated adı journalists and with responsibil the sudden urge of Ethics for the
I am intrigued to the freedom of which the media critical Press)
Count
I6

lia freedom with ning the scope of
ent of a National 2 for the training nd the setting up lards;
of the economic journalists and or advancement;
ng of Lake House. t achievements littling, in a mad c government. act remains that
Ie of uS in ek Or Worship Cal freed0m 0f What do these ek when they
this worn Out )nly thing that aSt With the he wild ass, the asinine le freedom Of
10 SS.
nat are emerging astroy even these pf the past six ne sees today in s attitude to the otomy of policy, trying strengths tdirections, with favour of a more ed media rapidly er hand. ere is talk of the wild ass and the monitions to he media to act ity. That is why to impose a Code Media. by the reference the wildass with (particularly the is so often
bludgeoned. While none of us in journalism seek or worship the metaphorical freedom of the wild ass, what do these politicians seek when they keep repeating this worn out mantra? The only thing that I can contrast with thefreedom of the wild ass, keeping to the asinine imagery, is the freedom of the tame ass. They are the only two asses available for comparison. If they do not want the freedom of the wildass, we are certainly not happy to be in the position of the tame ass, with all the beating, pushing, pulling, overloading, harassing and unquestioning obedience it signifies, quite apart from the insult of being classed as ass, whether wild or tame.
What of these repeated calls for responsibility? Responsible to whom or what? What we understand as journalists of experience is that our responsibility lies to society, and not to a government in power or any politician, who may believe he or she is god's own gift to the Sri Lankan community. There is little doubt that this responsibility often gets shrouded, and even warped, due to the interests of the media owners and powerful advertisers. But even with such obstacles the journalist, by and large, seeks to carry out the larger obligation to society. The real danger lies when a government in power begins to say that responsibility in journalism should think more of governmentandless of the people. That is a code of ethics which we cannot subscribe to, and one that will certainly not bein theinterests of a healthy democracy in Sri Lanka.
Why indeed these calls for responsibility and ethics from people who said nothing of the sort when they were seeking power, through the great desire for democracy and free media among the people?
Is it not because of the repeated exposures that are now taking
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January-February 1995


Page 19
place of the gross abuse of public confidence by thosewhonowhold the reins of power.
From arrogance to opulence, vaciliation to inconsistency, corruption to contempt for the public good, nepotism to family bandyism. sytoogery to sycophancy and pure and simple vulgarism, this governmentis now demonstrating all the ills that any government could fall victim to, and in so short a time. What the
media is doing, even in an irresponsible manner in some instances, is to bring to light these glaring flaws in the body politic, giving those in power the opportunity to change their ways. But the reaction of powerisaCode of Ethics. Ethics in journalism, to hide the unethical in politics and government.
Many are the instances when the media is charged with paying little respect for the privacy of politicians. Trueindeed. There are many occasions when the privacy of politicians have been invaded in a most unfair manner. But there
are other remedies for such action,
the most important of which is to remember, even in private, that one is a public figure, and accountable to thepeople for one's privatefoibles that may affectone's public decisions. While the journalism of the muck raker is not my special genre, it is my view that muck is often raked, where there are heaps of it available, and in the current political context in Sri Lanka, thereisplenty and more on the side of government.
Get rid of that muck, in a new contract with the people, and you will see no need for any Code of Ethics for journalists, of the type the government envisages today. Although it has little value, it seems useful to remind those who
talk of a Code of Ethics for
journalists that thisis an old drumbeat, which was heard regularly during the UNP days too. May in
power today seem to have forgotten that the Free Media
Movement was protest that was Ranasinghe Pren Media Commis also days when were being ban tragic that so so in a campaign the Premadas winners should slogans of that c One should ministers of this talk of licensing Malaysia ) that hearted man suggestion that not licensed camr Wickremasingh was again talkin Code of Ethics
Knowing ther on Media Freed doubt that there. partisan alliance themedia,howev may shed crocod Freedom today. that UNP, as w parties in parliar the imposition c interferes with Speech and E violation of the guarantees on th allowed could v their own rights opposition.
Having said al get away from tl for a proper Cod Media in Sri L expansion of the in the past few possibility of fu very soon, calls constituted regu for this section o examples coul available in the As for the Coc journalists, itwo the governmer various journalis and others inter vibrant media a healthy democr;
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January-February 1995

Media Watch
born out of the launched against nadasa'sinsidious ion. Those were Codes and Ethics died about. It is on after election, which eschewed a policies, the go back to the ark period. also remind the government who journalists (a la even in a light ner the first journalists were Le from Mr. Ranil 2, who I believe g of the need fora
ecord of the UNP om, there is little could well be abifor the control of vermuch the UNP ile tears for Media One only hopes vell as all other ment, realize that of any Code that the Freedom of xpression is a Constitutional he subject, and if vell turn against
as a democratic
l this one cannot he growing need e of Ethics for the anka. The very electronic media years, with the rther expansion
for a properly latory authority f the Media. The d be what is JK and Canada. e of Ethics for ld befarbetterif tencouraged the ts organizations, ested a free and s an aspect of a cy, to draw up
rpoint
such a code, with maximum discussion and consultation among all those concerned. The FreeMedia Movementhas already initiated this task.
The alternative,ofagovernment
imposed code of ethics, goes
against the whole idea of professional independence. It is good to remember that the codes of conduct for other professions such as medicine, law, engineering and architecture were not drawn up by government but by the professions themselves. It is now quite clear that the profession of journalism in Sri Lanka should wake up to this need and mute the attempts of government and politicians to take this task upon themselves.
Meanwhile, aspoliticiansarenot professionals, (or so we hope),
and it is the voters who elect them to their positions of power, it seems time the public made it their task to draw up a Code of Ethics and Conduct for Politicians and Ministers, which all political parties talk abput as soon as they are elected but very soon forget.
What is important to note is that the current attack on the Media is not an ad hoc reaction from some disgruntled elements in government, buta clearindication that the governmentis going back on its clear pledges to defend and strengthen democracy in Sri Lanka. The new posturing that is gong on in the field of Constitutional reform, as well as, the peace initiative, has from now on to be judged from this new stance of secrecy and lack of transparency for with a Media Code is only a convenient euphemism. Itissomething which requires resistance in thestrongest possible manner, by the widest possible sections of society. Resistancebyall those whocherish democracy, particularly by the professionals, who have for far too long been happy too be on the sidelines of the battle to defend democracy and free expression in Sri Lanka.
17


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A passage
Bradman WM
he insistence by the LTTE that the Army Camp at Pooneryn be removed in order that an access route to and from Jaffna be opened appears to have stalled the peace process. How important is Pooneryn strategically for the LTTE? How vital is it for the Government? Is it strategy alone or is its removal in the eyes of the LTTE symbolicas well? Recent history bears testimony to the fact that there are elements of both in the questions posed by Pooneryn.
The present dispute about Pooneryn echoes some of the debatein the 1930s in the State Council on what was then called the Mahadeva causeway. To the people of the Peninsula, at that time too, an alternative route to Elephant Pass, at the other end of the Jaffna Lagoon, where geography
brought the Peninsula close to the The Gov mainland, was always seen as desirable. The proposal which came to be called much C the Mahadeva Causeway was one which accepted would have linked Sangupiddy to S CO Pooneryn at the narrowest point of the Lagoon on its western side by a Would continuous causeway. This would have holding of permitted access, to the people of the densely populated Jaffna Peninsula, to and the e the hinterland in the Pooneryn Division the N0 G then largely uninhabited. It would have lagobn also led to access to Mannar, Killinochchi ". and further towards the South. The state allow civi council debates of the time saw Northern business politicians wax eloquently on the rich the S .. prospects for development if ESOL uninterrupted access was provided. In sort of time, financial provision was made for
the extension of the causeway on both
sides. However, there was always a countervailing opinion which held that the project was not costeffective and that an uninterrupted causeway at this point would reduce the salinity of the Jaffna Lagoon. It was argued that this would make uneconomical the manufacture of salt and its chemical by-products at Paranthan. The technical argument prevailed and to this day, there is a gap of at least 200 metres between the two ends of the causeway. Use of this route therefore needs the use of a ferry to cover the gap between the northern and southern edges of the causeway. Abridgewhich could havemadeitpossible for both uninterrupted access and the flow of saline water from the sea to the lagoon was not considered
s Соит
I8

to Jaffna
eerakoon
economically feasible in those times. Reading the debates of this period, one gets the feeling that the people of Jaffna never quite accepted the technical argument of salinity. They felt constrained to view the difficulties raised by the Government as being an attempt to deprive the people of the Peninsula from access to what was their natural hinterland. There appear to be some overtones of this in the current exchange over Pooneryn. Both symbolism as well as strategic corncerns are involved.
The Pooneryn Army camp in its present strength was established about three years ago. In late 1992 the blockade of the Peninsula was perhaps at its highest. International opinion was critical of the naval and air engagements of boat-loadsofcivilians making the
brnment after Kilalilagoon crossing. It was then s 曾 that the idea was mooted by the onsideration Bishop of Jaffnaofahumanitarian | the proposal passage for civilians through the
● Sa ng up id dy - Po o ne ry n mpromise. t causeway-cum-ferry. The enable the Government after much Elephant Pass consideration accepted the - wነm proposal as a compromise. It ಗೆಂrcement of would enable the holding of 0 Zone" on the Elephant Pass and the - enforcement of the "No Gozone lt would also on the lagoon. It would also allow lians, who had civilians, who had business to to transact in transact in the South, with some h, with some sort of safe passage. The only
影 -
other legal passageway for civilians from Jaffna wishing to come down to the South or for persons from the South going up to the Peninsula, was to use the cargo-ship service provided by the Commissioner-General of Essential Services under the ICRC flag via Point Pedro.
In early 1993, UNHCR which had achieved considerable successin similar operations elsewhere and which had pioneered an important initiative of Open Relief Centres (ORC) in Madhu and Palampidi behind enemy lines, became interested in the idea of a safe passage for civilians. The concept of Open ReliefCentres-WelfareCentresfordisplaced persons behind enemy lines- would only become functional with contact and co-operation of the 'enemy'- the LTTE. The ICRC, of course, had been playing this role from thebeginning of Eelam War 2. ICRCplayed
safe passage.
》
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January-February 1995


Page 21
an invaluable'good offices' role in the establishment of the safety zone around the Jaffna Teaching Hospital and in the exchange of prisoners from time to time.
There were some crucial points to be settled before the irst civilian could come across the safe corridor. For the UNHCR even assuming the role of an intermediary - certainly not a mediator - was something beyond its conventional role as an organisation concerned with the welfare of refugees. "Internal displaced persons"had by now beenbroadly accepted as refugees. Mrs. Ogato, the High Commissioner of the Organisation was personally aware of the situation. She felt it was a move worth making to relieve the pressure on the civilian population. There were technical difficulties too since the southern end of the causeway had been damaged by air raids and the ferry boats unserviceably. The servicecould notberesumed unless this was repaired. The access roads leading up to the causeway on both sides would have needed repairs too. All this could have taken anything up to three months. There were questions too about who were to operate the boats. It was felt that the UNHCRshould take responsibility for the operation of the boat service. These, and other issues were resolved in two agreements which were drafted between the Government and the UNHCR on the one hand and the UNHCR and the LTTE on the other. Initially it was thought that there could be one agreement to besigned
Legal opini time - it W when ther formal Conta the Governm TTE - held
by 3 parties - the Government, the the TE a LTTE, and the UNHCR being the along w third signatory. Legalopinion at that - time -- it was a time when there was Governme no formal contact between the legitimize th Government and the LTTE -- held that making the LTTE a signatory Il at:SGSE along with the Government would internation legitimize the LTTE and in a sense probl
furtherinternationalise theproblem. "Internationalising" the ethnic issue and "legitimising" the LTTE were matters of great concern at the time and both legal and political opinion were strongly againstanything which might endorse this.
From the point of view of the Military who were totally involved in the discussion, the vital concern was that the position of the camp at Pooneryn was not to be altered. AsatelephantPasstheaccess routelay through the camp. The Army camp literally sits astride the roadway. The military position was that all civilians coming through would be checked. This would be similartocheckingatThandikulam, NorthofVavuniya, on entry and exit from the Northern Province. Those who were found to be carrying banned items would be
Counte
January-February 1995
 

Perspective
sent back while all others would be given access.
Why did thesenegotiations breakdowninor around July-August 1993? The main problem appeared to centre round the Army subjecting the civilians to searches at Pooneryn. In LTTE terminology Pooneryn was within the territory of TamilEelamin which their writran. Searches could be conducted at Thandikulam , which was on the border, but notin their view, within their terrain. This was an important indication of the LTTE's view of what was permissible within their turf. Much of this came out in the discussions between the LTTE and the then representative of the UNHCR, Peter Nicolaus. The LTTE wanted the UNHCR to take the place of the military and become involved inscreening procedures and to carry out security checks. This was something which the UNHCR was not prepared to do. The only roleit was willing to perform was that of being an honest broker, attempting to provide a strictly humanitarian service of facilitating a safe passage for civilians.
The final government position regarding 'searches' was made known to the LTTE in June-July 1993 and although written replies were promised in July, there was no further 漫 action from the LTTE side. There were, aS a tine however, some significant comments made by LTTE spokesmen on the 5th e was no and ဂျိန်ဇုံ July 1993 in the Jaffna Ct between newspapers on the "Opening of the ent and the Punakari Pathand the agreement with the UNHCR". The UNHCR in the that making absence of a written reply decided to signatory put the file on the shelf. The Island ith the newspaper expedited the process through a disclosure of a preliminary nt W0tld draft agreement which reflected the e LTTE and earlier - later abandoned - proposal for a tripartite agreement. The further ဂိဇုံvffiffit üritဂိဇုံ the Island alise the reportwithareleaseon 10thSeptember . 1993 denying the veracity of such an agreement and the possibility of a humanitariancorridor was laid torest. The LTTEattackon thePoonerynCamp whichcaused heavy lossesonbothsidesand the completedemolition of the Navy post at Nagathevanthurai occurred in October 1993 a few months after. Perhaps this may have been averted had the 'safe passage' proposal been persevered with. But that is a matter for conjecture.
Today Pooneryn continues to beastickingpoint. For both sides, the Government and the LTTE, the stakes are high. Indeed, it would appear that the issues have sharpened. A third party intermediary is nowhere on thescene. The concerns are notover "searches"butover thevery existenceofacampon thesoilofthe homeland'. More than Elephant Pass, Palali, or Kayts, all military establishments in the North, it is Pooneryn that is once again, being perceived as a symbol of dominance.
on at that
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Воиquets i
Broken PromiseS
Protesters Outside the Sri Lanka Broadcasting Corporation in Colombo 7 express their anger a the Sudden and unexplained closure of the non-formal educati unit of the Education Service and the de facto demotion of Tilak
Jayaratne, the architect of many
pathbreaking innovations in Sri
-
20 UOJ,
 

n the North,
Or Every deja Vuo
Lankan broadcasting it must be noted that the Education Service t did similar broadcasts withOut interference under the on Wijetunga administration,
though the UNP made less selfrighteous claims to be protecting the freedom of expression in the media.
nterpoint January-February 1995


Page 23
Battles ned
All WOrk
IndependenC year, Sans mt previous regi Schoolgirls wi have a rollicki the national fil
January-February 1995
 
 
 
 
 
 

Lrer
images
home
Fighting to keep a fragile peace from Slipping away ...
Peace-marchers took Vavuniya by Storm, spreading their anti-war message for all to hear. The special envoys sent to Jaffna were welcomed with a heart-warming reciprocity by a war-weary people whose demands for a just peace must resonate throughout the Country.
and no play ...
e Day Celebrations this President Chandrika Kumaratunga as Ich of the lamashas of she hoists the Ceremonial flag, mes, provided these th the Opportunity to ng good time waving ag at each other. For
however, there may not be much to CrOW ab0ul. Hef S0mbre and apprehensive expression bespeaks of the daunting and difficult tasks ahead.


Page 24
The Third Repub
Peiris propo
he First Working Draft to the Select Committee of Parliament on the Constitution, which was released last week was both surprising and disappointing. It surprised many because it undermined and often contradicted the proposals that were released by the Minister of Justice and Constitutional Affairs, G.L. Peiris soon after
Rohan E
Republican Con which would bef first two Republic are now in jeopa
What then sł features of the TI Constitution be philosophy shou of power to prol
he assumed office. It was disappointing because the original proposals were far superior, and the draft even went back on many of theprovisions agreed to by the UNP Government at the All Party Conference in 1991-2, which were included in the proposed 17tᏂ Amendment to the Constitution.
How did this strange shift take place? It seems unlikely that the other members in the Select Committee felt that Professor Peiris' original proposals had gone too far in protecting the supremacy of the Constitution and fundamental rights. What appears to have
happened is that an unholy alliance, of the left parties within the People's Alliance, the Attorney General's Department, and bureaucrats within the Ministry of Justice, all of whom have demonstrated convincingly their particular unsuitability to make constitutions, has hijacked the constitution-making process. The hopes of a new Third
balances and th
individual libert The First and Sec Constitutions b opposite, to forti the State at theex of power and t citizens. Piete description ( Constitution as o
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22
 

ican Constitution
sals hijacked
drisinha
stitution of 1995 arsuperior to the an Constitutions rdy.
ould the main hird Republican The underlying ld be the division
mote checks and
e protection of and autonomy. ond Republican oth sought the
y the powers of
ense of diffusion he freedoms of * Keurneman's f the
"an accelerator and not a brake on progressive development", and J.R. Jayewardene's infamous assertion that the 1978 Constitution provided for "an Executive freed from the whims and fancies of Parliament", demonstrate the fundamental flaw in the intention of the framers of the two Constitutions. A Constitution must beabrake, must seek to control, restrain, limit, curtail, and not free, the organs of the State. Executive convenience, the interests of the Government, and power reposed in one institution, whether a National State Assembly or an Executive President, can have no place in an ideal Constitution designed to lead Sri Lanka into the next millennium.
In my view an ideal Constitution for Sri Lanka should, a) enshrine the Supremacy of the Constitution; b) have a Parliamentary Executive; c) reintroduce genuine Representative Democracy; d)havea bi-camerallegislature; e) strengthen fundamental rights; f) adopt German style Proportional Representation; g) guarantee equality for all citizens of Sri Lanka; h) introduce substantial devolution within a united Sri Lanka; i) protect the independence of the
judiciary, j) depoliticise the Public Service and other important public offices.
The Supremacy of the Constitution The Constitution should be the
1972 he that should be
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January-February 1995


Page 25
supreme law of the land and ALL organs of Government, including Parliament, should be subordinate to the Constitution. The Constitution, which reflects the dreams and aspirations of the People and the basic structure of Government, is supreme and Parliament too derives its power and legitimacy from the
Constitution. It is ironic that left
leaders in the country who denounced British colonialism and trumpeted the so-called autochthonous nature of the 1972 Constitution, seem to suffer from a kind of mental neo-colonialism in theirloyaldevotion to the British doctrine Sovereignty, and British-style aversion to judicial review of legislation. For the Constitution to be truly supreme there must be comprehensive judicial review of legislation. If Parliament can pass legislation inconsistent with the Constitution', then Parliament, not the Constitution, will be supreme. The Working Draft of the Constitutior, unfortunately, does not include comprehensive judicial review of legislation.
Parliam intary Executive
A Prime Minister and Cabinet who wield Executive power and who are responsible and answerable to Parliament continuously will promote a government that is responsive to the People and help deter arrogance, authoritarianism and the devaluation of Parliament. As Dudley Senanayake almost prophetically observed in 1971:
"The Presidential system has worked in the United States where it was the result of aspecial historic situation. It works in France for similar reasons. But for Ceylon it would be disastrous. It would create a tradition of Caesarism. It would concentrate power in a leader and undermine Parliament and the structure of political parties. In America and France it has worked but generally it is a
of Parliamentary
system for a Nkru not for a free dem The nominal H President, should Parliament ra appointed by the as proposed in the This results in the where the Presic Minister appoi Furthermore, a P by Parliament w stature and can symbol of natior than be seen asar Prime Minister.
Representativ
It can be cogen the constitutiona permit Members be expelled from series of Supreme that seemed to su that under representation Pa of an aggregation than representati have raised doub Sri Lanka has in r a representative liberal democra consists of repres people who are according to thei conscience, not th political parties belong or eventh constituents. T conscience of M Sri Lanka un recognised in democracies mus
A Bi-Cameral
A Parliament House of Repres Senate should be Senate, unlike th the Soulbury Cor was a dismal fa elected and have powers. A majo: failure of the Pr. system and the 1. to the Consti
Counte
January-February 1995

Legal Watch
Lmahora Nasser nocracy." ead of State, the i be elected by ther than be Prime Minister, Working Draft. absurd situation dent and Prime nt each other. 'resident elected ill enjoy greater aspire to be a hal unity, rather mere agent of the
e Democracy
htly argued that provisions that of Parliament to Parliamentanda Court decisions upport the myth proportional rliament consists of parties rather vesofthepeople, ts as to whether ecent years been democracy. In a cy, Parliament sentatives of the 2xpected to vote rjudgement and he dictates of the to which they e wishes of their he freedom of Ps recognised in til 1978 and all liberal st be restored.
Legislature
consisting of a sentatives and a established. The he Senate under nstitution, which ilure, should be almost co-equal r reason for the ovincial Council 3th Åmendment tution is the
polarisation between the Centre and the Provinces, and theabsence of the articulation of Provincial concerns at the centre. In the context of substantial devolution of power, where Provincial/ Regional Councils must necessarily enjoy greater powers and deal with more parochial issues, the role and functions of Parliament must change. Parliament should be the deliberative assembly where national, policy matters are discussed; constituency-oriented, grassrootspoliticians would prefer to move to the Provincial/ Regional Councils.
The number of politicians in Parliament can, therefore, be considerably reduced. The House of Representatives can consist of 120-150 members, while the Senate can consist of 60 members, comprising an equal number of Senators from each province/ region. For example, if Sri Lanka were to be divided into 5 regions, there could be.9senators from each region with the balance reserved to represent important interest groups, professionals, intellectuals, under-fepresented minority groups etc. It should be emphasised that since the proposed Senate will be constituted entirely differently from the Senate that existed in Sri Lanka under the Soulbury Constitution, trotting out the forlorn, obsolete arguments thata Senate is superfluous or unnecessary, is totally irrelevant and misses the point completely.
Fundamental Rights
The Working Draft fails to address the main defect in the present Constitution: theease with which the Executive may impose restrictions onfundamentalrights. Article 15 which deals with restrictions must be modified to permitonly reasonablerestrictions which are necessary to achieve certain objectives. The Working Draft, to make matters worse, has
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Page 26
also introduced two new restrictions for some rights: the protection of women and state privilege. The former is sexist and patronising and should form no part of a modern, enlightened, chapter on fundamental rights, while the latter is vague and extremely dangerous. The introduction of the rights to life, liberty and security of the person, and the rights to privacy and property should be welcomed.The latter right, as has been recognised today in Central and Eastern Europe, is vital for creating a sphere of autonomy around the citizen which will enable her to act independently and confidently as a member of civil society.
The enforcement mechanism can also be further improved. Quite surprisingly some of the improvements accepted in the draft 17th Amendment to the Constitution have not been incorporated in the Working Draft. The replacement of the phrase "executive and administrative action" with the words "state action", a phrase which encompasses a broader range of
activity, has not found its way into the draft. Since the present
Constitution does not permit appeals in fundamental rights cases by vesting jurisdiction exclusively in the Supreme Court, it would be better to vest original fundamental rightsjurisdictionin the Provincial/Regional High Courts with appeals direct to the Supreme Court. This would also promote easier access to the courts for the redress of fundamental rights grievances. Anindependent and powerful Human Rights Commission which can mediate in human rights disputes when possible and,intheeventoffailure, support fundamental rights applications in the courts should also receive constitutional recognition.
Proportional Representation The German-style system of
proportional repr includes the pos the first past th plurality system the present syster that despite com manifestos of bc Alliance and the U system has not b the working draf constituencies established in c facilitate the re minorities.
Equality for In order to
equality of all citi. all ethnic and r should enjoy ec should be treated State. Besides equ in the chapter ( rights there sh provision similar the Soulbury Con State should be si should be neutra matters of relig
Buddhism the fo
implication, exal privileged positi
Substantial Bev
The Thirteenth failed to de adequatelyduer its provisions anc will at the cent subjects over wh Councils really as the principl sovereignty is r the present Co. principle o sovereignty is
provinces/regi real control o' assigned to the
Parliament will
the autonomy (
regions. On
Constitution c
principle c
sovereignty an
powers of the c
-Соит
24

sentation which live aspects of post, simple should replace . It issurprising hitments in the h the People's NP, theGerman en included in Multi-member
could be ertain areas to resentation of
all Citizens
guarantee the cens in Sri Lanka 2ligious groups ual rights and equally by the ality provisions in fundamental ould also be a
to Section 29 of stitution and the ecular. The State l with regard to ion, for giving remost place, by ts Buddhists to a
O.
lution of Power
Amendmenthas volve power mainly to flaws in ialackofpolitical e. There are no ch the Provincial ave sovereignty 2 of coordinate ot recognised in
Istitution. If the
coordinate recognised the ns will possess er the subjects and the central have to respect F the provinces/ y a Federal n enshrine the coordinate ensure that the volved units are
erpoint
, EDraft
independenceofthepublicservice
adequately secure from central government intrusions. A Federal Constitution with 5 Regions, imaginative mechanisms for power sharing between the centre and regions with regard to certain subjects, adequate constitutional protection for the minorities within the regions, and provisions to enable the centre to respond swiftly and effectivelyintheevent of a threat of secession or a challenge to the unity or territorial integrity of Sri Lanka should be adopted.
The Independence of the Judiciary
While the provisions in the present Constitution are certainly animprovementon the provisions in the 1972 Constitution, there are several improvements that can be effected. The present Constitution has enabled Select Committees of Parliament to sit in judgement on the conduct of Supreme Court judges. Supreme Court judges have to obtain the President's permission before engaging in certainactivities and the President has sole discretion with regard to the appointment of judges of the appellate courts. There are differences in the ages of retirement of these judges. These have been recognised as weaknesses in the present constitutional structure and it is unfortunate that the Working Draft seems to have merely reproduced the present constitution's provisions.
Depoliticisation of important Offices
The provisions in the Working, dealing with the
and the Constitutional Council are . generally consistent with Minister Peiris' original proposals and are a dramatic improvement on the
corresponding provisions in the
first tWO Republican Constitutions. However, the composition of the Constitutional Council could be improved and
January-February 1995


Page 27
its powers enhanced. The Council should consist of the President(who in the exercise of his/her powers vis-a vis the Council need notact on the advice of the Prime Minister), the Prime Minister, the Leader of the Opposition in the House of Representatives, the President of the Senate, the Speaker, the Chairperson of the Chief Ministers' Conference, and the former Chief Justice (or the most senior retired Supreme Court judge). The Council should have the power to recommend the appointment of persons to all important public offices including judges of the appellate courts.
I have argued before that constitution-making and constitutional reform are too important to be left to politicians and government bureaucrats. The surprising gap between the proposals submitted to the public as position papers in 1994, and the First Working Draft issued in February 1995, highlight the validity of this fact. Arguments based on the need for realism, pragmatism, the distinction between academia and the "real world", are always made by politicians, who once enthroned in power, are haunted by the commitments made by them while in opposition. These arguments are both specious and unconvincing, particularly with reference to the creation of a Constitution which should transcend partisan considerations and be a consensus document.
Members of civil society, professional groups, human rights organisationsandotherinterested groups must unite even with opposition parties (despite their pathetic record on constitutional reform while in government) to
ensure that, after two disastrous
failures in 1972 and 1978, Sri Lanka finally enacts a Constitution that promotes the values of constitutionalism and protects the rights and freedoms of thepeople.
Mar fro
introduction
It has been o correctly, that Sri 1970 been led on a authoritarianism. important vehicle journey has beel constitutionalma the partisan eon politicians and po have been in offic not merely necess the currentattemp reform, conduc auspices of the F Government, Parliamentary Se appointed for the closely be scruti
concern in view.
If thenew Consti ofus hope will ban Constitution of 197 of history where it not to be yet a constitution that manipulation, it number of signific
The cardinal we Lankan constitutic products of our inspiration, that Colvin R. deSilvais as muchas that with J. R. Jayewarden (1978), was the ov of power. In the Co First Republic, concentrated in the was then calle incongruously, th Assembly while in of the Second Repu concentrated in the form of an exa presidency. Both afforded inadequa the rights of the ir
January-February 1995
Counter

inal improvements m the Peiris camp
Legal Watch
Chanaka Amaratunga
bserved, quite Lanka has since journey towards One of the most es in which that undertaken is nipulation to suit venience of the litical parties that ce. It is therefore ary but vital that tatconstitutional ted under the 'eoples' Alliance through the lect Committee purpose, should nised with this
tution, thatmany ish the appalling 8 into the dustbin surely belongs, is nother partisan is the fruit of must contain a ant features. akness of both Sri ons that were the own political with which Dr. :associated (1972) h which President e is associated er-concentration onstitution of the
power was legislature which 2d, somewhat e National State the Constitution ublic, power was 'executive, in the ited executive constitutions te protection to dividual and to
the rights of minorities. Both constitutions contained only a unicamerallegislature even though much more than three fourths of the world's liberal democracies have bicameral legislatures. Both constitutions did not provide for judicial review of legislation. Both constitutions were based upon securing thepower and convenience of rulers not of the rights and freedom of the people who were the ruled. Both constitutions were adopted, unlike Sri Lanka's constitution on the grant of independence, known in common parlance as the Soulbury Constitution, to suit the partisan
The Cardinal WeakneSS of both Sri Lankan C0nstituti0nS that Were the products of Our Own political inspiration...... was the , Over-Concentration of power.
convenience of the respectiveparties and personalities who wereinpower when such constitutions were enacted.
When the People's Alliance began addressing the issue of constitutional reform prior to the Parliamentary Election of August 1994, through the current Minister of Constitutional Affairs Prof. G.L. Peiris and his advisors, prominent among whom were academics of the University of Colombo familiar with and committed to the liberal constitutional tradition, it began in its initial workingpapers to develop a comprehensive liberal agenda on constitutional reform - such as
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Page 28
agenda included a considerably enhanced chapter of the Constitution on fundamental rights, the adoption of the German model of proportional representation or mixed system, forelections,asecond chamber of Parliament to be called the Senate, the abolition of the executive presidency and the restoration of parliamentary and cabinet government,judicial review of legislation and extensive devolution.
Above all, the PAs constitutional spokesmen and advisers seemed committed to the doctrine of constitutionalism- to the supremacy of the constitution by a means of checksandbalances that would curb the power of the state and hence of narrow partisanship and thus secure the rights of all individuals.
Ever since the first drafts of such werking papers were released to the press, the history of the process towards constitutional reform right upto this movement has been a sad story of compromise of the essential features which alone can make Sri Lanka a secure liberal democracy in which the rights of all individuals are secure. There seem then to be ominous signs that the narrow, partisan and conservative attitudes to constitution-making which were the bane of the constitutions of the First and Second Republics (1972,1978) are very much with us still. Such attitudes seem to be alive and kicking in the First Working Draft of the Constitution which has been submitted for consideration by the Parliamentary SelectCommittee on Constitutional Reforms.
Areas Not included
The First Working Draft of the proposed new Constitution has left three significant sections for subsequent formulation.
The first of these is the initial chapter of the Constitution, entitled the People, the State and Sovereignty. The articles in this chapter define the relationship between the various institutions of governmentandin theConstitutions of the First and Second Republics has included a definition of the nature of the state in relation to the
exercise of power Lanka was in 1972 as a unitary state) definition is not Soulbury Const contain one). Pl section has not because it is prop relation to the Sche which the new c include.
The second of th containing the ele election of Memb in the Chapterenti and Elections. In the Government President and t Constitutional Aff that the mixe proportional according to v Membership of Pe elected from consti past-the-post basi half shall be electe lists with the fina Parliament di proportion to the lists, would be system is adopte Germany the ordt the list is predeter prior to the electi altered.
It has been, su debate within the yettoberesolved v in the absence fro articles on the elec third of these, i. devolution of provinces. It hasbe this section 1 unformulatedunt achieved (if such a in the talks betwee and the LTTE.
General Commento
The draft C formulated, is improvement on of the Second R. does extend t
fundamental righ
very modest way theexecutive pres to parliamenta although the
Count
26

(accordingly Sri and 1978 defined , although such a necessary (the itution did not resumably, this been formulated nosed to do so in me of devolution onstitution is to
nese is the section ctoral system for ers of Parliament tled the Franchise public discussion through both the the Minister of airshas suggested ed system of representation, which half the arliament shall be tuenciesona firsts while the other 2d on the basis of l composition of etermined in votes cast for the adopted. If this d, as it exists in Sr of members on mined by parties on and cannot be
ggested that the Government has which has resulted m the draft of the ctoral system. The s the section on power to the een suggested that nas been left il greaterclarityis thing is possible) in the Government
in Draft Constitution
onstitution, as a marginal the Constitution epublic (1978). It he chapter on nts although in a , It does abolish idency and return ry government method of
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appointment of the President and
the constitutional role conferred on the President are highly unsatisfactory. Judicial review of legislation has been introduced in a very limitedway and only in regard to fundamental rights.
These improvements are, however, I emphasise exceedingly marginal and a far cry from the doctrine of liberalconstitutionalism which Prof. G.L. Peiris and his advisors upheld in the past.
Fundamental Rights
The chapter on fundamental rights contained in the first working draftincludes the previously absent rights to life, property, privacy and information. Of these, the right to life and the right toinformation were included in the proposed 17th Amendment to the Constitution, introduced by the Premadasa Government as a result of the All Party Conferencebut not proceeded with.
However, there are highly unsatisfactory featurespertaining to fundamentalrights. The firstofthese is that the draft reproduces the words procedure established by law' from the current Constitution wherever a phrase on this sort is required instead of the moresuitable formulation 'due process of law which would protect the citizen against laws enacted by Parliament which do not pay adequate regard to the principles of justice natural and otherwise. The procedures for arrest and detention under the Prevention of Terrorism Act could, to cite an example, have been successfully challenged before the Supreme Court if the phrase 'due process of law' was used in the Constitution. The most fierce opposition to the inclusion of 'due processoflaw'inplace of procedure established by law' came at the APC from the Attorney General's Department. The reappearance of the conservative formulation of the current constitution in relation to this issue, in the draft could also be the result of the religious devotion of that department to maximising the power of the state at the expense of the rights of the people.
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Thesecond unsatisfactory feature in the draft is in Article 15 which contains the derogations from and limitations of thefundamental rights guaranteed by the Constitution. In every section of that article in which the grounds for permissible restrictions of rights are set out, the restrictive language of the current constitution is repeated. This has the effect of denying the use of what in the constitutional jargon pertaining to human rights is called the adoption of 'objective criteria' in relation to restrictions on fundamental rights.
According to both the current Constitution and the draft, the righttolife, liberty and security of the person, the right to property, the right to equality before the law, the right not to be discriminated against on grounds of ethnic group, religion, language, caste, sex, political opinion or similar reason, the right not to be arrested except in accordance with legal procedures, the right of access to a lawyer, the right to be presumed innocent until proven guilty, the right not to be held guilty of an offence which was not one at the time it was committed and the freedom to join a trade union can be curtailed by -Such restrictions as may be prescribed by law in the interest of national security or public order.
The absence of the word 'reasonable' before the word 'restrictions' ensures that the Court cannot question the justification of the restrictions promulgated, provided the restrictions are imposed legally. It is therefore possible for restrictions to be imposed by any person or persons competent to do so, whether by an order of the Secretary of the Ministry of Defence under emergency regulations, or the Prevention of Terrorism Actor by an enactment of Parliament, which may not to a Court seem reasonable but the citizen would have no remedy in the absence of 'objective criteria' in the imposition of restrictions by the
use of the te restrictions'. This on which Liberals with those of the in the APC. Agai with the UNP gov prevailed.
The third unsa of the section onfu is that access t restaurants, ho worship etc may the protection of new inclusion an world of equality is patronising an
SeSe.
The fourth uns of this section is t speech, and exp publication and il curtailed not onl Constitution, in privacy and offic the interests of state privilege'. W entails is uncl restriction is quit
The fifth unsati this section is tha 16(2) which proti and all existingp may violate the f granted by the
Count
January-February 1995
 

Legal Watch
'm 'reasonable was an issue too had a long battle AG's Department in they seem, like ernment, to have
tisfactory feature ndamentalrights o shops, public tels, places of be restricted for women. This is a d in the modern between the sexes
d does not make
atisfactory feature hat the freedom of ression including nformation is to be y as in the current the interests of ial secrecy but in a new concept of 'hat stateprivilege ear and such a e unacceptable. sfactory feature of tarticles 16(1) and !ct all existing law unishments which undamental rights Constitution, are
berpoint
repeated in the draft although the UNP governmentagreed to remove the protection of punishments that may be unconstitutional, in the proposed 17th Amendment.
The sixth (indeed highly) unsatisfactory feature of this section is that the restriction of the rights of persons to petition the Supreme Court only on the violation of fundamental rights by 'executive and administrative action', which has itself been restrictively interpreted, is reproduced in the draft. This is done despite the fact that the UNP government after a long drawn out debate with the AG's Department agreed to broaden the definitionto'state acion' in the proposed 17th Amendment.
The seventh unsatisfactory feature pertains to the constitutional status granted to various citizenship acts instead of defining the right to citizenship, and the denial of the protection of fundamental rights to those subjected to deportion under the Indo-Ceylon Agreement Implementation) Act. The deportation of Indian Tamils born in and permanently resident in Sri Lanka in terms of the Srima-ShastriPactis in my view totally unjust and should have no sanction in the Constitution.
Language
The provisions on language contained in the working draft are satisfactory in relation to the status granted to Sinhala and Tamil in that they are on an equal footing as official languages. The language provisions of the draft are however highly unsatisfactory in regard to English which is completely denied any constitutional status. The Indo Sri Lankan Accord of 1987envisaged that Sinhala Tamil and English would be official languages. In the Thirteenth Amendment to the Constitution, perhaps as a concession to the nationalist iobby, this position was watered down to English being the link language which nevertheless was declared to
27


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enjoy the same status as the official languages.
The draft is extremely regressive in that it departs from that position and denies to English any constitutional status. One can only suppose that thisisaquixotic gesture of nationalism that is now entirely out of place in a context in which there exists a massive demand in this country for the use of English and at a time when English has becomeoverwhelmingly the widest spoken language in the world and the second language of most countries. The SFP which is the principal party of the Peoples' Alliance agreed in the DPA manifesto to designate English as a national language which was to enjoy all the rights of an official language. Furthermore, denying English of a status as an official language and even depriving it of its currentstatus willsend the wrong signals when we are trying to promote Sri Lanka's image as a market economy fully integrated into the international community.
There is too a fact which must be recognized that there still exists in this country aminority, comprising all ethnic groups, whose first language is English. The ludicrousness of the draft in this respect, is compounded when one notes that it is presented thus far, only in English, yetdenies to English equality of statusin the Constitution.
The President
One of the best features of the first working draft of the Constitution is the abolition of the executive presidency and the return to parliamentary and cabinet government. This is, of course, exceedingly welcome but such satisfaction as this featuremaybring is marred by some of the unsatisfactory features of the model of the presidency contained in the draft. Initare contained all the errors of the First Republic(1972)andsome new ones. Parliamentary and cabinet government is based on the assumption that it is not desirable that the head of government should also be Head of State. As Walter Bagehot the famous 19th century
Y-r
28
authority on the Br so aptly put it, functions' of thest carried out by thi that is responsible the 'efficient fun required of a none State is that he shc all ceremonial fun that his office shou immense dignitya be a neutral ar contending interes guardian of the C The draft ra provisions of 1972, among liberal dem with a non executi envisaging a Pres by the Prime Mini It is not at all s singleindividual, of things must, f partisan political able to appoint til Such ahead of stal 1972 - 1978, wou lacking in dignity state could not fur arbiter.
This ridiculo appointmentisco fact that the Presid
reserve powers ol Ön his own initiat that the entire app in relation to the
The draft is
regressive int
from that p denies to COnStitutiona
been obsessed w convenience of th not with ensuring Constitution. This from the absurd draft (Article 32(2 the Prime Minist President on his o' that-the Presiden performing theful
Count

itishConstitution the 'dignified ate should not be same authority ! for carrying out ctions'. What is xecutive Head of uld preside over tions of the state, ld be vested with nd that he should biter, between its and hence be a Dnstitution.
produces the whichareunique nocratic republics vehead of stateident appointed Ster. atisfactory that a who in the nature urthermore, be a leader, should be he head of state. :e, as he was from ld be singularly '. Such a head of iction as a neutral
us method of mpounded by the lentis denied any r authority to act ive. It is obvious roach of the draft presidency has
s extremely hatitdeparts Osition and English any
Status.
ith ensuring the e Prime Minister, the balance of the is glaringly clear provision in the (c) which allows er to remove the wn determination t is incapable of ctions of his office
2rpoint
by reason of mental or physical infirmity.
What we should adopt both in terms of the methodofappointment and the functions of the Presidentis that of Germany or India. Accordingly the President would be elected by an electoral college comprising the two Houses of Parliamentor of Parliament and the Provincial legislatures. The President would then have the authority to appoint (which in the context of a hung Parliament is important) the Prime Minister and to remove him from office if he had lost the confidence of Parliament.
Parliament
The principal flaw in the first working draftasregards Parliament is that it repeats the error of 1972 and 1978inenvisaginga unicameral (single chamber) Parliament. Itdoes so, despite the fact that over 96% of the liberaldemocracies of this world, developed as well as developing, have bicameral Parliaments. The only liberaldemocracies whichhave unicameral/legislatures of which I am aware are New Zealand, Israel, Sweden and Denmark.
If almost every other free country from Western Europe, Eastern Europe, North America Latin America, the Caribbean, Africa, South, SouthEast and East Asia and Australia has recognized that the checks and balances that a second chamber affords are essential for liberal democracy why are we so stubborn in refusing to accept this?
In our own case there are two further arguments which are very powerful indeed which strengthen the case for a second chamber. The first of these is the reality that no federal state or one with extensive devolved authority is unicameral because the provinces or states must be represented in the central legislature via a second chamber. Thesecond is the remarkablelack of expertise and the absence of independent professionals from Parliament today. A second chamber whose composition is designed to ensure such representation will bring to the legislative process an expertise that
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is appallingly lacking in Parliament today.
The second flaw in the draft regarding Parliament is that it continues to give Parliament a six year term which is more that the legislature has in all other liberal democracies of which I am aware. The term of Parliament should be reduced to five years.
A third probable flaw is the retention in the draft of article 79 which declares that Parliament shall not in any manner abdicate or alienate its power. The existence of such a provision may conflict with the adoption of federal features in the scheme of devolution.
Freedom of Conscience
In Sri Lanka's current Constitution thenotorious provision whereby the freedom of conscience enjoyed by Members of our Parliament until 1978 (and which is enjoyed by every other liberal democracy of the world) was taken away, is contained in Article 99(13) which is part of the section on theelectoral system. Since the First Working Draft does not contain the electoral system there is as yet no indication as to whether the freedom of conscience which Prof. G.L.Peirislike many of therest of us stoutly defended in the past, will be restored.
There is one ominous sign which appears to be a drafting error but this (article 66(i)) envisages expulsion of Members of Parliament on the imposition of civic disability on the recommendation of a Presidential Commission. I say this seems a drafting error because Article 66(i) refers to Article 81 but Article 81 of the draft is not in any way related to the vacation of seats by Members of Parliament and it is obvious that article66 has been taken wholesale from the current Constitution.
It is imperative that there should be no provision for expulsion of Members of Parliament and that freedom of conscience must exist for members of both Houses of a bicameral Parliament.
The draft retains several other objectionable provisions of the current constitution. Article 86
which permits P legislation wh contradicts pro Constitution b majority, without the Constitutic provision.
limitations On
The restriction of ju fundamental rights in which legislation C0ntradicts other C0nstitution, particu t0 devolution of I Councils.
Although thi spokesmen of th themselves to en with full judi legislation, the dr that commitment the draft limits judicial review or rights and langua have already d themselves thoro This limited ju restricted to beir only two years as legislation.
The restriction to only fundamer in a contextin whi be enacted which provisions of particularly thc devolution of pc Councils. The Lanka under Constitution u judicial review exist, and the e nations such as Canada and demonstrates tha more than two ye to find that thei violated by acts to, accordingly p It is also the interpretation of by the Constitu age toage.Thelin review containec
Соит
January-February 1995

Legal Watch
rliament to enact ch violates or visions of the 7 a two thirds having to amend n is one such
Judicial Review
dicial review to only Sabsurd in a Context nay be enacted which
provisions of the larly those pertaining Ower to Provincial
constitutional Le PA committed act a Constitution cial review of aft does not reflect . On the contrary, the operation of ly to fundamental ge rights (which I emonstrated, are ughly inadequate). dicial review is ng operational for ter the passage of
of judicial review talrights is absurd chlegislation may contradicts other he constitution, se pertaining to wer to Provincial xperience of Sri
the Soulbury nder which full of legislation did perience of other the United States,
India clearly tit often takes well ars for individuals rights are being of Parliament and etition the Courts.
case that the rights guaranteed ion changes from nitation onjudicial in the draft would
limit the power of the Supreme Court to extend the meaning of the rights guaranteed in accordance with the context of the time.
Anotherglaring weakness is that the draft does not exempt bills for constitutional amendment from the category of bills which may be declared by the Cabinettobeurgent in the national interest, thereby requiring the Supreme Court to pronounce upon the constitutionality of such bills within twenty four hours (Article 108 (1) (c)). Here the draft fails to ensure that bills for the amendment of the Constitution cannot be categorised as urgent bills, even though this necessary provision was included by the Premadasa Government in the proposed Seventeenth Amendment.
Why has the draft been so inadequate?
The question we must ask ourselves is why is this First Working Draft of the Constitution soinadequate?Whyisitsoreluctant to provide for the widest possible protection of individual rights? Why is it so reluctant to recognize that true freedom comes from a real division, a separation, a sharing of power, between rival institutions? Why is it that this draft, contrary to the promise of those who must take responsibility for it, is so anxious to ensure the convenience of the state and hence of the rulers rather than of the people who are the ruled and in whose name, after all, constitutions are enacted ?
Doubtless the statist, conservative (and could it be careerist?) atmosphere of the AttorneyGeneral's department and its baneful influencehashadits impact. But what of the political leadership in this task of constitution making? Prof. G.L. Peiris must, afterall, accept responsibility for this draft. If he is to have the bouquets, so must he accept the brickbats. If this draft is not radically amended, the conclusion will becomeinescapable that the deadly allure of power and partisanship has again, as in 1972 and 1978, proved stronger than the principle of liberal constitutionalism.
erpoint
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Tamil'Homelal
Diplomacy, Violence &
e last two articles on the subject examined the ideological motivations of
partisan scholarship, the claims of three well-known works and some of the drama surrounding these. We begin this article with an instance of the diplomatic impact of the combined efforts of partisan scholars, soldiers and the state machinery. An instance in then giyen of how flippantScholarship that has the backing of powerful institutions is often closely related to military aims in the ethnic conflict. Pressures of ideological conformity had the effect of progressively excluding Tamils from positions of influence. Several of the established Tamil scholars preferred to quit than to put up a fight. The battle fought during the late 50s by S.J. Gunasegaram in the Royal Asiatic Society (Ceylon Branch) against Professors G. C. Mendis and S. Paranavitana over the 'Aryan Theory' was an unequal one. The progressive biasofscholarship and a lack of combativeness among Tamil scholars helped to fuel alienation which legitimised the Tamil militant struggle.
DIPLOMACY AND THE "HOMELAND" QUESTION
Clearly, the government with its coterie of scholars and professionals was working hard to discredit the Tamil homeland demand among the international community on the one hand, and on the other was using the military and willing partners like the NGO Sarv odaya to push Sinhalese settlement and alter the ground situation. Donors tended to be
Raja
generous with the relief of ci ravaged North had a curious r East in its head the area wher. Sinhalese Scttl pushed was sh districtin the NC officially there w On 31st Jan TULF leaders, Sivasithampara accompanied Minister Rajiv ( front Madras to which they held leaders insis acceptable se concede a co speaking Politic the North and responded t Jayewarderneha that this would there was an settlement on th the Northert Provinces. The Weli Oya wher had been evicte back and Sinhal being pushed. had been MP responded, "Sir well, I have Cow even spent nigh I had been part installing a wo Tenne Illarava Karunā tukkerin two provinces (River). There villages anywhe aircraft touched Gandhi told the you. Please in
Οομη
30

nd and heritage
The Pains of Scholarship
Hoole
funds meant for willians in the war l-East. Sary codaya nap of the North| office. Welli Oya, 2 military backed 2ment was being WIll as a separate Irth-East, although as such district. uary 1986, three Amirthalingarin, mand Sambandan
Indial Pri IImg. Gandhi on a flight New Delhiduring d talks. The Tail ited that any attlement must ntis Lubus Tamil all unit comprising the East. Gandhi hält President d explained to him not be possible as Triert Sihalese e border region of
and Easter reference was to e Tamil villagers labout 13 months sesettlement was Sambandan, who for Trincomalee ... I know the area redit Infit and sin those willages. y instrumental in den bridge from iey t , connecting the cross Periya Aru were no Sinhalese relear." When the New Delhi, Rajiv In, "Yes, I believe !et my secretary
erpoint
Roinesh Bandhari in the morning." The following morning the leaders walked into Bandhari's office. Upon seeing thern the latter put up his hand and said, "Gentlemen, I did not mislead the PriIiIle MiInistrT!"
A GOLDEN ERA OF HISTORICAL RESEARCH
Ideology and history, when they mix produce some curious results especially when historical research has some dirty workasits ultimate aim. In this sense the Jayewardene years proved a golden era of historical research.
JAFFNA 8 NAGADIPA
In January 1988, a lecture was delivered at the National Archives by Dennis N. Fernando, asurveyor who became Additional Secretary to the Mahaveli Development Ministry under Minister Gamini Dissanayake and is today President of the Royal Asiatic Society (Ceylon Branch). The "Island' report (25.1.88) of the talk titled "Jaffna Peninsula from Ancient to Medieval Times and its Historical and Settlement Aspects" stated: "The available records reveal that the region now called Jaffna Peninsula was deserted in early historical times. There are indications of the existence of few sparsely populated hamlets. After the 15th century a group of South Indian people called Wellalas began to ownland in the peninsula and the majority of most other racial groups (sic) were left without any land...... Ewen land reform legislation has failed to solve the problem . . . . During Some period of the 15th century
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Jaffna emerged as a kingdom confined only to the peninsula... and did not have any harbours of importance." Among the more astounding revelations was the claim that the historic Nagadipa (Isle of the Nagas) was not located about Jaffna, but was located in the central highlands around Mahiyangana.
Based on numerous references to Nagadipa from pre-Christian times, scholars (eg. Parker, Geiger and Paranavitana) had made the identification of Nagadipa with Jaffna. Parker (Ancient Ceylon) and the Mahavamsa are together quite decisive on this point. Mahavamsa (20.25) identifies the port of Jambukola as being in Nagadipa. Saplings from the great Bodhi-tree were brought by sea to Jambukola (M1923). Thesaplings were conveyed to Anuradhapura by the high road leading from the north-gateofthecity to Jambukola (M19.25). This road ran through the Northern Province (Parker p 243). Folklore identifies Tiruvatinilai (Where the feet of the Holy one stood) west of Kankesanturai with Jambukola (P. Ragupathy, "Early Settlements in Jaffna').
On his second visit to Ceylon the Buddha is said to have come to Nagadipa where he made peace between the two Naga kings Mahodara and Cullodara (M1.46). Arhat Mahinda caused Pacina Vihara (Eastern Monastry) to be erected at this spot (M1933-35). Based on an inscription of King Uttiya, Devanampiya Tissa's brother and successor, about 220 BC, this spothas been identified at Naval Neeravi Malei in the Mullaitivu District by Parker (p418-425).
We are at this point not interested in what lies behind these stated events. But it is clear that what ancients (before the time of Christ) knew as Nagadipa lay about the present Northern Province. (For an interpretation on these legends, see "Who
brought Buddhis Gautama Buddh Thera?", by Prof Sunday Island 22 Officially insp research was get reckless. But a
purpose was ur push colonisatio military backing, make out that the nearly virgin ter. native 'races' w serfdom by some from the Corom South India.
Three months la Minister Gamir
gazetted a notic map shewing t officially vesting Weli Oya (Manal. the Mahaveli A retrospective leg given to the forc Tamil villages in
"EARLY SETTLEN
JAFFNA"
Interestingly
occurred across t in Madras a few July 1987. A bo Early Settlemen Ponnampalam l published thr subscription. I
Counte
January-February 1995
 

Tamil View
m to Sri Lanka: na or Mahinda , D.A.T. Perera, nd May 1994). bired historical ing to be rather un ideological mistakable. To in schemes with it was useful to North-East was itory where the ere reduced to Tamilinterlopers londel coast of
aterin April 1988 ni Dissanayake
comprehensive account of archaeological research done in Jaffna over the years and latterly by the team of the University of Jaffna led by Professor Indrapala, aided by Dr. Sitrampalam and Ragupathy. The book was based on the latter's doctoraldissertation and contained 6er OLS photographs of exhibits, sites and surroundings. The places excavated included the prehistoric urban centreat Kantarodai with its phase of peculiar Buddhistic edifices and the Megalithic urn burial mounds at Anaikkottai. Excavations at holy places revealed continuity
together with changing emphasis
2 with a survey he boundaries, ; control of the Aru) region with uthority. Thus al sanction was ed evacuation of the area.
MENTS IN
another event he Straits of Palk months earlier in pk by the name ts in Jaffna' by Ragupathy was ough private t contained a
rpoint
on religious sensibilities over the centuries. Discovered along with Buddhist monastic remains and a hoard of Roman coins was a royal seal vith the vords "Ko Venta (King of Kings) inscribed in the Brahmi script as well as in pictograms (two tridents in this instance). Tentative opinion placed the seal as belonging to the second or third century BC.
Ragupathy observed, "In the past many years the Department of Archaeology has been involved in small scale horizontal excavations at this site (Kantarodai). This has brought to lighta cluster of Buddhist remains constructed with Jaffna limestone
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and coral stones. However the purpose of excavation was neither scientific nor academic. The Department was interested only in highlighting Buddhist monuments and in reconstructing them. But Kantarodai was further anterior and wider in perspective than that conceived by the government departinent."
The book can be treated as highlighting the un tapped potential for archaeological research in Jaffna. The writer also expressed concern over the progressive dismantling of the archaeological heritage of Jaffna by the Archaeological Department on the one hand and the Tamil Public on the other in an ideologically chargedatinosphere. The latter had in addition well founded fears of what may follow in the wake of the government department. To those truly interested in Jaffna's rich past the difficulties had become insuperable. A concerned scholar and son of Jaffna wrote three generations ago, "To a true son of Jaffna, is it not galling to have to wait till some foreignscholar finds time and lei su Te to make investigations and enlighten him on the history of his motherland? And although he may be willing to wait, the sources of information appear not to be endowed with eternal patience" (-Mudaliyar C. Rasanayagam in 'Ancient Jaffna', 1926), DC) we waitin wain?
THE ODDS AGAINST TMMIL SCHOLARSHIP
In view of the ideological Inindset dominant in the South, it was evident that Ragu pathy's book was neither going to be welcomed in the South nor was it going to receive any support or encouragement from the state. Dennis N. Fernando's lecture illustrates the conflict between the truth and the state's intentions. The story behind Ragupathy's book is revealing,
I had personally lost touch withf
Ragupathy after 1 perhaps with goc to believe that the scholarly materia Tamils was sen where the statew is not unlikely th: discretionary pow the state had arme of photographs Ragupathy's boc graves disinterre landed the car trouble. Padmana with a strong flair publications co IIlatters Tamil, a occasionally u hazardo Luis Tull to
Sadly the
of annis,
an i(630( in CO Wei of the her the peopl Country,
fated t
StlքprՔS ignored oblivi
What was then "Eelam Boat Serwic with this activity about Ragupathy He told me that the book had be Tamil Nadu by th Ragupathy hiri held for II'ler A Commissioner S.I. in highesteem. Iti that Ragupathy'pi finds no menti reference, in "Prehistory of Sri L by the Archaeo Department in 19
-Cαμηίει

983. Tamillshad, dreason, come Im OstinnOCLCLIS ilpertaining to sitive material as concelled. It it with the Wide wers with which "d itself, the kind
appearing in ok (eg. ancient 2d) could have ’ier into deep bha Iyer, a man for bringing out Illected with ld who himself Tldert Lock the Tamil Nadu, by
heritage or better logically ent part *itage of e of this
ippearS O be Sed or into
O.
known as the :e' in connection first told Ine 's book in 1986. he materials for 2n conveyed to 11S, SEI'l. mself evidently .rchaeological J. Derarniyagala ssoIIewhatsad ainstaking effort .OTh, 2 "W 2Tl a S a Deraniya gala anka' published logical Survey 32. It is the Thost
Toint
up-to-date work on the state of research, Ragupathy's book is adequately well known in scholarly circles. One Southern scholar who thought highly of the book made ageneral criticism, that given the prevalence of Buddhist remains all over the dry zone with regional variations, the writer could hawe discussed Buddhist IIonastic remains in Jaffna more fully. The book is thus deserving of appraisal, criticism and discussion by those with agenuine interest in the country's past,
Sadly the heritage of Tamils, or better an ideologically inconvenient part of the heritage of the people of this country, appears fated to be suppressed or ignored into oblivion. The importance of the Anaikkottaiseal as noted by Indrapala, Ragupathy and W. Ramesh, Chief Epigraphist of the Government of India (vide Ragu Pathy's book), lies apart from the interest to Jaffna folk, in the cooccurrence of phonetic Brahmi (from which the modern Sinhalese and Tamil scripts have apparently been derived) with Harappan ideograms (like for example Chinese), and what it may suggest to us about early writing in South India. This is relevant because this part of the world has had a complex social organisation since at least the inception of iron age rice cultivation about 1200 BC. Yet in this country so much attention has been focused on 'Aryans' and Brahmi inscriptions that there is little curiosity about whether our ancestors had a written language at all before Brahmi made its appearance in these parts about 300 BC and not much earlier.
I understand from Dera niyagala (Note to Addendum III) that for after 12 years of its discovery in 1980, the Anaikkottai seal had not been subject to Radiocarbon dating. This has I am sure to do with real and imagined fears of the archaeological establish Ilment in the South. Fearing that the seal may disappear if handed over to
January-February 1995


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the authorities in the South, an account of the seal was published in the "Madras Hindu' and the object was kept in the University of Jaffna. The fear reportedly arose from a carnelian seal from Kandarodai with a legend which was given to a former archaeological commissioner now being 'untraceable'. Moreover professional atomic scientists in the South who could testalump of ash and apparently conclude that they originated from the body of Dutugemunu who lived 2100 years ago, about the chemistry of whose body no records are extant, could hardly act as an encouragement (vide James Rutnam, Tomb of Elara").
What we are faced with is the collective power of the state and its institutions when suppression and falsification are needed to push an ideological line. By influencing the process of selection and rejection the system protects itself. Quite apart from personal merit, state support is crucial in fund raising, international contacts, official accredition, facilities and publications. Almost every well-known archaeologist in this country is Sinhalese. Take the case of Dr. Ragupathy. He was exceptional in that he had a flair for the work and unlike most of us had decided in his early teens what he wished to do. Prof. Indrapala told me, "From the time he was a boy of 14 and a student at Mahajana College, he used to regularly attend meetings of the Jaffna Archaeological Society. Much later when he came to me for advice, I suggested to him that since there was no appropriate course in this country, he should go to the University of Mysore and do a degree specialising in Archaeology. He came back with an MA from Mysore to join the staff of the University of Jaffna." Ragupathy is no longer in archaeology and I do not know his reasons for leaving the University of Jaffna. There is however no
doubt that his exp whole frustating. promising archae
Weli Oya (Manal Once the wildh historical researc by scholars, it wa heights of vulgari forces and a ideologically government off complete impunit took over Fort Trincomalee, c famous shrine o
someone decided it was the locati
Mahasen had b Vihara after destro Siva (Mahavamsa a temple and E dominating the vi Manal Aru, occupied regio colonised with Sir
Mullaitivu is alm
pre-historic site. A Thannimurippu known as Kurund The Mahavamsa
Khallata Naka bu in Kurundavasc Cholai, or Kuruntl 105 BC. The his likely the pre-hist( area derives f
January-February 1995
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Tamil View
erience was as a And we lost a ologist.
Aru)
are of new style h was let loose s carried to new ty by the armed multitude of motivated icials enjoying y. Once the army Frederick in ontaining the f Koneswaram upon fancy that on where King
Missionis or Kurunthu a tree associated with watercourses and bunds and beds of tanks. Parker (Ancient Ceylon, p460) refers to a find in Mullaitivu of ancient Purana coins of Indian origin which had been in circulation for several centuries beforeandburied about 100 BC. During the 11th century AD Kurundhi was a garrison town under the Cholas. Today Kurundhi is forgotten and the area from which the native Tamils were expelled of killed is dominated by Janakapura, named after Brigadier Janaka Perera of the Sri Lankan Army - a very modern conquering hero.
The area has a further irony. We
|uilt Gokanna oying a shrine of 37.41). Up came Buddha statue ew from town.
the military n now being halese in South lost certainly a settlement near kkulam was hior Kurundha. speaks of King jilding a vihara ka (Kuruntan huGrove)about oric, and very oric, name of the 'om Atalantia
had referred earlier to Buddha's visit to Nagadipa to make peace between the warring Naka Kings Mahodara and Cullodara. Further, the spot as identified by Parker based on King Uttiya's inscription (an illustrious and famous place in the boundless world"- or in Pali 'aparimita loke ditu yasa tana') as beingin Naval Neeravi Malei. This spot is in Kurundhi and is about 5 miles WNW of Janakapura. What a strange way to commemorate 'the Light of Asia' and a spot revered to him as a forerunner of peace? Are not his statues erected in travesty of everything that he had stood for? So much for restoring historical authenticity
point
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Page 36
SCHOLARS AND THE WAR
For one important group of scholars at least, selling their integrity to please their heart, to be comfortable or to get some useful perks, had become away of life. It is a measure of the depths to which this country had descended that few were shocked or angry with such routine abuse. Several other "nice' people were willing to acquiesce for the least defensible reasons. Although a number of people expressed moral outrage after July 1983, the mood quickly became more fatalistic as the months wore on, giving way to cynicism as politics as a whole on both sides became increasingly barbaric. Scholars inservice of the powers that be could deliver their poisoned harangues, go home to beer and a good meal, and subsequently to a goodly fellowship in the West. But the poison continued to seep in, and for the ordinary people of this country, the harvest was reaped in blood and grief.
When such scholars deliver their urbane discourses in conference rooms, no atmosphere could look remoter than a theatre of war. But the bullets and bayonets were not far behind. Many Tamils would feel instinctively disturbed, but would be unable to counter their 'facts' and arguments. The direction in which the system is moving would be as clear to them as the deterioration of the position of Tamils. The working of the system is so involved that it is difficult to take a particular instance and argue, say, that there is bias or discrimination. Moreover, they are hardly up against intellectual light-weights. They lapse into silence. But inside they become increasingly convinced that only a cynical & violent force like the LTTE could save the Tamils. Thus the activities of these intellectuals become counter-productive, both for their reputation as well as for the cause they apparently espouse.
-
possible exan affect differe present distr; 47.6% of the i Madapally V orderof70%
34
 

ination of Accredited Scholarship'
i to demographic changes in the Eastern Province, totally excluded from the Eastern Province when work h Administration's first census commenced in 1824 327), six years after the 1818 rebellion in the Kandyan (numerated as a Kandyan Province, Bintenne then 5 persons living in 78 villages. During the 1840s imated the population as 8000 to 9000. At this time the adon the right bank of the Mahaveli Ganga was part of ng the 1870s Bintenne was divided into West (in Iva di East (in EP). From 1871 to 1881 the population of 1e recorded an increase from 7789 to 8366, while East orded a decline from 3425 to 3073. From 1827 to this in population had grown about 2 1/2 times to 2.76 ghin Bintennethe naturalincrease uwouldbemuchless. . gfor substantial error in the 1827 enumeration, these st significant migration from the affected Kandyan o Bintenne. The preponderanceofmales over females in ures (942:523) and later figures for East Bintenne ! 1871 as against 4141:3648 in West Bintenne), appear s. The laterfigures also suggest areverseshift from East proportionate increase of the Velala castein Jaffna isa ple of how socio-economic and environmental factors it groups, and should caution us against projecting butions into the distant past. The 1827 census recorded se in Jaffna peninsula as Vellallas (Vellala 37.1 and ellala 10.5). The present Vellala population is of the Apart of the increase maybe attributed to assimilation. tions of the oppressed caste almost certainly in higher death rates. ❖ኋmኳኳኋ
January-February 1995


Page 37
A\, b)Uldilgĝ(ett fỂ (e(CCONCOO).
Adam Smith
he budget presented by Deputy Finance Minister GaminiPeiris was primarily aimed atachieving four objectives: (1) to add a human dimension to the market-oriented economic
policy regime;
(2) to booste (3) reduce the (4) and to sup Deputy M achieving a has been ex Firstly, the attempts to ra are on very expected that on subsidies and tariff m supposed to revenue. Mo expenditure expected to 3.2 billion. Th to a projected % of the GD. On the expen tried to cor subsidies on fertilizer, commodities tariffson con Peiris admitte been introd prices in thes skyrocketed. spending on reach 8% ofre
Hoννενεr, programme f to 7.5% of
necessary m billion which
1991 1992 1993 Real GDP growth % 4、6、 43 69 Export growth % 3 20 16 Curr. AccDef (% of GDP) 54 4- 4.5ی Fiscal Deficit (% of GDP) 2 1.4 2.1 Foreign Deficit(% of GDP) -11.6 -72 8. Inflation ప్తి శ్రీప్తి? M2 Growth 23.2 16.6 235 Foreign Debt (US$bn) 6.6 69 76 Debt-Service ratio 158 14.6 箕摩
*official estimates by Adam Smith
Cou
January-February 1995
 

The economy
Of Odlerate iGE FOODW9th
conomic growth; e budget deficit;
press inflation. The inister's success in nyof these objectives (tremely limited.
Deputy Minister's ationalize the budget shaky ground. It is additional spending is offset by new tax heasures which are add Rs. 10 billion in reover, a 20% cut in by all ministries is yield a saving of Rs. his would all add up l budget deficit of 7.5 P or Rs. 49.4 billion. ditureside, Mr. Peiris mbine a consumer wheat, diesel and all imported with a cut in import sumer goods. As Mr. 2d the subsidies have uced while world te commodities have As a result, the total new subsidies could currentexpenditure. the deficit-reduction rom 13% of the GDP the GDP will not laterialize. Thie 2.3 h is supposed to be
raised on retail garment sales will be easily evaded. Possibilities of a peace settlement may initiallybea burden on the public purse. This is because measures to retrench soldiers may involve compensation payments (Rs.3bn annually for three years, according to certain estimates). A peace settlement may put pressure on the government to spend on reconstruction and rehabilitation, which amounts to about Rs.5bn a year for 5 years. On the flip side of the coin, renewed fighting may also increase expenditure beyond the projected level. In addition, the 20% cut on the spending of ministries may face severe opposition from within the PA. Also, the projected divestiture of stateassetsintelecommunications, electricity, etc. will be difficult to implement due to interest group pressure.
Secondly, double-digitinflation will continue due to the budget. The deficit is financed by expensive public borrowing of more than Rs.,20bn, which pushes interest rates to about 15-20%.
Thirdly, high interest rates will crowd out public investment, which in turn, dampen economic growth. A further dampener on economic growth will be the lack of a firm government policy on infrastructure development. Sri Lanka expenditure O infrastructure is far below some of the high-growth East Asian economies. Most policy-makers predict that infrastructure bottlenecks like severe power shortages will develop in 95 and 96, which will restrict economic growth. The government strategy of piecemeal privatizationwill not attract the investor confidence required for improved incentive structure.
tпterpoint
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Page 38
P R
E M
he Guardian recently
published a series of articles
by Thisarani Gunasekara and Dayan Jayatilleka titled "The Crisis of Alternative and Secondand-a-half Road" (Guardian, December 1994), which recreates the Premadasa era in Sri Lanka (1988-1993) to represent a "radical progressive" alternative for socioeconomic development in the modern world system. Essentially, for these local "Marxists", Premadasa economic programme is a popular development alternative in opposition to the wholesale adoption of the Neoclassical, IMF-World Bank, market theology and its anti
thir
Jinendra E
based"programm with a few senti such as "G "Janasaviya"(JS housing progl garment factori "peoplisation" fo
Suddenly, foi intellectuäl, Pr enigma. Illustrati superficial tende extract a clear version of "Pren Western Marxist. with idealism a history. In this p Premadasa repre of a new develop
thesis, a popular, democratic delinking from the world system for an autocentric national development agenda advocated by Marxist Dependency theorists, specifically Samir Amin.`
According to the article, Premadasa's "most important contribution was his effort to create an amalgam of export oriented open market economic policies and direct state intervention to alleviate poverty and raise the living standard of the labouring masses". Thus, the "new de v e lo p m ent paradigms" in this bourgeois democratic revolution passage is exemplified by "people
Соит
36
 

A II) A S A
dpath
lasnayake
es, romanticised mental epithets, am Udawa", P), "million amme", "200" es, along with r privatisation.
the bourgeois emadasa is an ng this prevalent ncy, the authors used economic hadasaism", in a flavour of flirting nd punctuating iragmatic image, sents "rudiments ment paradigm"
which "gave precedence to the task of poverty alleviation above all else". Sanctioning the reactionary populist rhetoric and theoretical eclecticism, the authors claim that "the theme of poverty alleviation was not limited to the JSP but common to all the major development programmes implemented by the Premadasa administration since 1989".
If one observes 1989-1993 period on purely economic terms, real GDP growth rate was a moderate 4.6%. From 1990 to 1993, agricultural growth was an unimpressive 3.5%, manufacturing was the leading sector with close to 9%,
and services grew at a moderate5.5%. In 1992, Sri Lanka received $837 per capita official aid when the average for medium developed countries was $16, and external debt as a percentage of GDP for the period 1990-1993 remained at around 70 percent.(1)
In 1990/91, 70 percent of the households were below the average monthly income of Rs. 3506. If one takes per capita monthly expenditure of Rs.545623, as a basis for absolute poverty, 45% of the population in 1990/91 fell into this category of absolute poor. Between 1985 and 1990, the urban
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January-February 1995


Page 39
sector recorded the highestrate of increase in average income from Rs. 3,176 to Rs. 6,783 (a 113% increase). Meanwhile, theincrease in rural sector was from Rs. 1725 to Rs. 2,742 (a 57% increase). As of fourth quarter 1993, 34.4% of the youth, male and female, ages 20 to 24 were unemployed (2). Among the unemployed, during this latter end of theSecond-and-a-half-road, 53.7% ofall unemployed haveGCE (O/ Level)/NCGE or higher qualifications. During 1987-1992, 37% of children under five were effected by malnutrition (3). In 1992, 5.1 million people were without access to safe water, 7.2 million were without access to sanitation, and 1.8 million were without access to health services (4).
In observing the general trend during the post-1977 liberalisation period, one fails to notice any radical departures during this"3rd path",interms ofeconomic growth or development. Blended with the rhetoric of "people based" empowerment, extended quotations from Premadasapolicy declarations and official directive, the authors seem to glamorize the word than the deed. Even in the authors selected version of the economic context of radical "Premadasa" state intervention, the analysis fails to account for its process and results. Overstated descriptions of programme objectives and strategies seem to have evaded more important explanations regarding thenature of implementation of the actual outcome. Inanappeal to sentiment rather than intellect, the authors seem to expect a politically naive audience to accept a distorted, ad hoc system of propositions or policies for a plausible account of reality.
Admittedly, the one million housing programme, Janasaviya, Gam Udawa, etc. are morally irrefutable, rationally desirable policy statements. But, were they capable of transforming enduring
rural structure deprivation --
underemployme ecologicaldegrad "radical progress what were the regional, ecolog
impacts?
But for til intellectual, inits'
assertion itself is Marxism emasc revolutionary sociology of knc surrogate Left a liberal pragmatis the guise of radici constraining dy Premadasa poli distortions in th process, curtailing legitimising state mystified by (regressive) reproducing conventional pra Embedded with "liberalisation" pe the 1989 to 1993 history of a disto capitalist develop an era where, concentration o exacerbating disregard i fo democracy and rendered "guidec anecessary condit growth. Highligh manipulating the term opportunisn ruling elite, and petty-bourgeoiso political repre legitimised. Cons nationalist preter democraticideolo that distorted the geared toward internal accumula acompetitive post world system. possibility of democratic nation effort was undern political objective long-term econor
Counte,
'January-February 1995

issues
s of economic inemployment, ht, poverty, and ation? In all these ve alternatives",
sectorial and cal and gender
e bourgeois radical"posture, the proof. It is a ulated from its praxis and its wledge. In this lternative, neom is invoked in lpractice. Thus, Tnamics of the tical-economy, e accumulation democracy, and violence, remain reactionary populism neo-liberal ctices. ninthepost-1977 riodin Sri Lanka, era is a recent rted dependent ment. It depicts the gradual f state power, the flagrant r bourgeois of civil society, |-democracy" as ionforeconomic ted by overtly state for shortlofan emergent an expanding ra middle-class, ssion became itutingan era of sions and antigies, itisaperiod role of the state a sustainable ion processand uring within the In effect, the a cohesive aldevelopment ined by myopic that sacrificed, lic goals.
point
Dissolving continuity and the evolving nature of society, the interruption of history is fundamental to the benevolent positioning of Premadasa. In this populist narrative, the authors reconstruct a compartmentalised Premadasa era, to represent a leader who inherited an economy incrisis, depicted by high levels of poverty and unemployment. However, the crisis was more complex and comprehensive than issues of poverty and unemployment, and Premadasa wasanactive, official policymaker within the ruling DISSOLVING party during the post-1977 liberalisation period. As such, the "turningpoint of 1988" itself was a condition created by policies implemented by the state, and those in power. Butmiraculously, absolved from real historical social process, Premadasa economic manifesto is presented as the disembodied doctrine.
In order to create this disembodied theory, certainsocial phenomenon that is inherent in this post-1977 social conditions of production needed to be redescribed. Thus anti-systematic movements, such as the JVP and the LTTE, are described as originating detached from the political-economy. These social movements that emerged as people actively resisting exploitation form. In effect, described as "Polpotist" JVP insurgencies and "fascist" LTTE, the authorscreatea theatreofsocial delinquents where Premadasa state intervene as to emancipate the masses. Absent, of course, are the historical and real accounts of state dynamics with these antisystemic movements culminating in violent state repression of dissent.
Along with the reinterpreted history, reactionary populist ideology of "Premadasaism" is intertwined with an emotive, moralistic, and anti-intellectual discourse. The emotive nature of
37


Page 40
this constructed image is forged by emphasising the non-ruling elite political emergence of Premadasa. Theriseofalow caste, petty-bourgeois politician to the echelons of the traditional semifeudal, family-clans of the urban ruling elite. In this atomistic interpretationofsociety, theheroic image of Premadasa is redefined as rugged individualism of a modern era. An image of a selfcreated "leader" surviving all criticisms, even an impeachment motion and its aftermath, depicting the despotic attributes of this "second-and-a-half road". Thus, regardless of his actual practice of politics and the emergence of a repressive state, Premadasa is worshipped as the protector of the masses.
By defending the "poverty alleviation" theme, the emotive constructs blends with the moralistic rediscription of Premadasa. Founded on a utilitarian propositions, the authors themselves descend to the conventional tautology that the poor are poor because they are poor. Withoutcritically explaining enduring social structures that create and sustain poverty and unemployment, these "Marxist" authors claim that direct state intervention was a unique attribute of Premadasa to address poverty. As a result, poverty and economic impoverishment are constructed as a natural economic phenomenonindependentofstate failure to promote a sustainable economic programme, where an abrupt, "imaginative"Premadasa policy, akinto divineintervention, rescues the rural poor, mostly by discourse rather than in practice. Symbolic of a reactionary populist dogma, complementing appeals to emotive and moral claims is its conspicuous antiintellectualism. In the guise of criticism against an oppressive world capitalist system, all antisystemic social movements - the discourse of basic human rights
that include polit speech, organisat are rejected as V Thus, the erosio freedoms was le imperative for e. or reachingNICs any oppositior repression, wa: elaborate systen Especially am bourgeois apo personal loyalt leader, rationalis therhetoric, wer Ostracizing experienced loca and technical tal partisan politicsc for nepotist opp emerging bourg with internationa But, for our mod authoritarian s economic policie moral rational reasoning, wi successful to disa are spontaneous "radically-progre In brief, the pr this recreate ideology, tle St Road, is ofie ( reactionary p progressive, radi development wi world system. historical im Premadasa ep significant mismanagemen political oppre centralised a illustrated its co forfundamental other democ Interrelated v "guided den repression of v and various ma accentuate the c the accumulati social transforn phase of "libe: "third path". Os partisan politic
Соит
38

cal freedoms of on and choiceestern fictions. of democratic gitimised as an onomic growth atus. To retaliate against state an enduring, of patronage. Ing the petty ogists, who's y towards the ed and justified well rewarded. creative aínd | administrative :nt, Premadasa's entralised a state ortunism of an eois interlinked lfinance capital. ern-day radicals, tate sponsored s, submerged in ism, fallacious ch moderately Strous Outcomes ly redescribed as assive". esent function of d Premadasa 2cond-and-a-half of representing opulism as a cal alternative for thin the present However, the print of the och is one of economic , exploitation and ssion, where a 1 tocratic state mplete disregard human rightsand atic freedoms. ith notions of ocracy", state orkers, peasants ginalised groups bre mechanism of n process and of ation during this alisation" or the
bourgeois "plutocracy" have undermined the imperative for a long-term, democratic, socioeconomic development objective. Thus, the critical economic imperative at present is to demystify theperipheralcapitalist development reality and its current mode of accumulation from the morally righteous populist rhetoric.
When one valorise the moral vigour of the Premadasa era, the discursive honesty and the moral stance of the authors becomes suspicious. Were the authors' genuine purpose to analyse and explain the benefits by the marginalised during the Premadasa era? If so, what were the results, or the sustained effects of institutional and structural transformations of rural sector that can be attributed to Premadasa policy?
Janasawiya, Gam Udawa, 200 garment factories, etc. are all ambitious economic programmes within a transient local politicaleconomy. Yes, there are certain beneficiaries. But the point is to realise the opportunity cost of these programmes, that has failed to transform local structures of capital accumulation to provide for themarginalised in thissociety. The populist, anti-capitalist ideology, romanticise a reactionary past at the expense of articulating a future that is ecologically sustainable for generations to come. The progressive intellectuals and the youth (male and female) need to be empowered by tools for understanding their realities of oppression. But, the pettybourgeois intellectuals, will fall prey to the nostalgia of a redescribed past where the "truth is always less glorious than the eulogies". Il
End notes (1) UNDPHuman Development Report 1994. (2) Labour Force Survey, Third Quarter 1993.
r two decades of (3) IBRD, World Development Report 1994.
(4) UNDP, Human Development Report 1994. in this passage of
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January-February 1995


Page 41
Shock waves have
run through the world of cricket again with the alarming news that many battles for the Ashes could have been "won" in the backrooms of leading bookmakers around the world! The game had only just recovered from allegations of ball tampering by Pakistan compounded by the fact that none other than the former Pakistan Skipper Imran Khan confessed that he too had tampered with the ball and that it was
a COMO OCCULT6C6 in the game today.
In a side issue three members of New Zealand's team were temporarily banned from the game after confessing to drug abuse. Pretty soon phrases like "it's not cricket" would have new meanings - the game often referred to as the "gentleman's" game will now be run by the bookmakers.
Australian spinners Shane Warne and Tim May set the ball rolling when they disclosed that they had each been offered US$ 50,000 to "play badly" during their tour of Pakistan last October. This was followed by allegations by former Australian captain Allan Border and batsman Dean Jones that they were also offered bribes to throw matches. Border
"TWXT SLIP
said a Pakistan betting syndicate offered him money to throw the fifth Ashes test against England at Edgbaston in 1993. Jones alleged that an Indian bookmaker had offered him a cake tin containing US$50,000 to reveal details of the Australian team on their tour of Sri Lanka.
The interesting aspect of the allegations by Border and Jones is that the bribes were offered by third parties indicating that large betting syndicates are involved. The controversial former Pakistani cricketer Safraz Nawaz has also claimed that most of the results in the tests between Pakistan and England over the last 14 years were rigged.
Even in Sri Lankamany eyebrows were raised when we performed the near impossible and snatched a 16-run defeat against Australia when a win seemed the only possible result. In that game a leading player whose dismissal triggered a stunning batting collapse had obvious links with a local bookmaker.
The Skandakumar Commission appointed to inquire into Sri Lanka's disastrous tour
Соитter
January-February 1995
 

Sports
ND GULLY
of India also made mention of the fact that an Indian bookmaker had made overtures to the Sri Lankans. At least in some new aspects of the game we Sri Lankans appear to be right up among the best!
their needs altogether!
Singer Chief Hemaka Amerasuriya did not mince his words when he delivered a broadside at the attitude of the local Cricket Board. It is sheer callousness to draw up an entire programme for the year and forget the main tournament - the InterProvincial Tournament that is sponsored by
LOCal
SpOnSOrS get raW
Singer. The tournament itself seems doomed as once again the national side will be overseas and the cream of our players will be missing. Amerasuriya himself was fair enough to
d al accept that the
- tournament could not be
The Sri Lankan put off because it would ricket Board is have to be in the !xtremely lucky that monsoon time then and hey have almost never may not allow full play had to look for in most games. He ponsors for the local added that the ournaments. Perhaps tournament would help he ease with which they to discover Some new - lave been accustomed talent with more young o getting sponsors has players getting a lowed complacency to chance to play in the he extent that they even absence of the Senior orget the sponsors and Squad.
pint
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We hope that the mistakes of the last year's tournament wouldn't be repeated when balls were changed five times during one match and the result was disputed till the very day the final was to be played.
Ana Punchihewa's Cocoa Cola team cannot be quite happy either. After ALWAYS putting their best foot forward as sponsors they would have felt cheated that the grand finale was allowed to fizzle out into a No Decision. Bloomfield chasing SSC's formidable 509 were well placed at 420 for six wickets when the two captains decided to call off the match. With nearly all of the mandatory overs left it is quite possible that there would have been a decision if the match was played till the end of the overs.
With Sanath Jayasuriya on 130 not out and the experienced Roshan Mahanama unbeaten on 39, a target of 90 more runs would have been a fair task for Bloomfield whilst SSC too could have expected some quick wickets in the event of a run chase.
The Board and the captains have a duty by the sponsors and the spectators to ALWAYS play matches to a finish. After all this was not just Sunday cricket but the Final of the premier Club
AraVinda gC HaShan SCr
Sri Lanka's vice
captain Aravinda de Silva still believes he is the prima donna of local cricket and can get away with anything - he may be right because he has been allowed to get away again!
Aravinda left his club NCC in the lurch in the middle of their game against Panadura SC when he suddenly took off on a trip to Yala with some friends forcing his club to field a substitute for the remainder of the match.
No disciplinary action was taken against Aravinda either
t t in th by NCC or the Cricket Qumanen te Board. Can we then country. assume that this type of
Coun
40
 

DeS Wild and
eam S fOLI!
behavior is quite acceptable and is in fact encouraged by the authorities and that we could recommend that even the schools follow this new trend? Or is Aravinda above the law? and if so, why?
Can we recommend the Manchester United attitude in the Cantona affair?
Hashan Tillekeratne has cried foul (or was it fowl?) and sued for
POSer
divorce. The grounds for divorce were that his wife did not cook for him and preferred to do the cocktail circuit. Poor thing, she probably thought that Hashan was fed up with Keells sausages anyway and it appears that it is Hashan who is
always partying away
from home and constantly in search of another kind of food.
Will the man presently uncontested at the helm of .
the Cricket Board lose his place at a board closer home? Now that the new owners are here will their man takeover? A lot of drink will go down the drain in sponsorship money four man is sidelined.
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Page 43
TO A WRIT
However, they won't say: the times were dark Rather: why were their poets silent?
Bert Olt BreCht
For long the City has known Only departures, not returns. Now that you to0 have left, who will keep vigil when the city sleeps, watching Out for the great desert that is closing in from all sides, and walk its footpaths of desires and fears to retrieve reality from its bylanes of fiction;
for the city is an unfinished novel, the end always imminent, but the narrative, like a COrOner's report On a maSS Suicide, drags On: its characters are forever caught in the traffic jam of a wet evening, laughter SOunding like distant gunfire; and from the half-eaten newspaper in the Cow's mouth, yesterday's Obituaries get down to the pavement, and scatter silently among those who walk as if they are fleeing a Scene of Crime. Cracks Crawl up the Wall even as Our Children, with white hair, recite nursery rhymes like prayers. A Crippled postman goes round, Carrying letters addressed to dead people.
Perhaps you have only Crossed over the bridge, not burnt it behind you. And in the Country of your exile, as you Scan the blue sky of the blank page for a Weather Change you would be aware of an absence as a Cute and real as the pain an amputee feels in the lost limb, an absence Stronger than any presence.
E. W. RAM,

ER IN EXILE
AKRISHNAN


Page 44
S IN A
穆
Z 目
 

PISNER CO