Sri Lanka: Let's take the Irish example

[Harold Schiffman]

'Let's take the Irish example'


****

While getting ready to invite the UNP for the All Party Representative
Committee (APRC) once again, Science and Technology Minister and the
APRC Chief Prof. Tissa Vitharana said that the pledge by the
Opposition Leader Ranil Wickremesinghe would take the country's
politics into a new dimension.

Sitting on one of the 'hottest' seats in the recent past and being
under constant pressure to come up with a solution to the burning
ethnic crisis, Prof. Vitharana, who is walking on a 'tight rope', said
that a political atmosphere like in Ireland where the national
policies were not changed under any political party is the need of the
hour to end the national problem.

Prof. Vitharana in an interview with the 'Sunday Observer' said that
the APRC final document could be used as a basis for the peace talks
if the LTTE is prepared to come genuinely into the peace process.

Excerpts of the interview:

Q: Are you confident that the APRC can release the final document
within a given time frame?

A: I am not confident but hopeful, because we have already reached
about 90 percent of the issues that need to be resolved. We are in the
process of discussing the balance 10 percent. But if unexpected
problems crop up it will be delayed.

I must say that members of the 14 political parties who are now
participating have been very cooperative and with everyones'
cooperation, I think we would be able to complete the final report
within three or four months.

Q: Will this final report be an important move to solve the national problem?

A: I hope so. In trying to solve the national problem there has to be
a consensus. If we are deeply divided whatever the solutions brought
to solve the ethnic crisis will be resisted. As we have now reached 90
per cent of the consensus, we should be in a position really to set
the framework for the future Constitution.

And if the LTTE is prepared to come genuinely into the peace process
our document can also be used as the basis for peace talks. This is
very important because this can disprove the charge against the
government that we have not offered any solution to the ethnic
problem. The other thing is that it also shows the consensus among the
political parties to solve this problem.

We want to create a political atmosphere like in Ireland where the
Labour Party and Conservative Party reached a common position. Their
policies would not change under whatever government that came into
power. They carried out the same set of policies.

The main argument of most of the Tamil political parties and even the
LTTE was that there was no use reaching an agreement with the
government to end the war since if the opposition came to power they
will not honour that agreement.

This has been the issue that has been raised by the minorities as well
as the international community. They were not serious about the peace
process as a result and if we are coming out with a solution it is
very important that the two main parties - UNP and SLFP - which form
governments in our country should also be parties to the agreement.

Q: How true is the statement that the initial APRC report was thrown
to the dustbin and a new set of proposals was prepared under the
directions of the President Mahinda Rajapaksa?

A: Well. It is not true. What happened was that the President was
under lots of pressure especially from the international community due
to the LTTE's intransigence. So the President had no other option but
to intensify the operations to counter terrorism. In that situation
the President had to come up with a set of proposals to show that
parallel to the military action there was also attempts to achieve
peace.

He gave us the deadline for December to come up with proposals but as
some of the issues had not been discussed as yet I asked for more
time. Then the President directed us to identify what can be
implemented under the existing Constitution and under the 13th
Amendment.

As he wanted the proposals within a very limited time frame we had to
stop our discussions on our main document. The President instructed us
to prepare a set of proposals where we do not want a two thirds
majority in Parliament as the consensus of the opposition was not
favourable.

Therefore he asked us to come out with solutions which can be
implemented within the framework of the Constitution.

Now we have resumed our discussion based on the new document and we
are meeting weekly. We are going ahead with those discussions and
nothing has been thrown into the dustbin.

Q: The APRC had over 60 discussions and now it is to implement the
13th Amendment. Do you see the whole APRC process upto then as a waste
of time and money?

A: Well, as I told you earlier, we have not given up our main
objective that will address all the issues that would satisfy the
aspiration of the Tamil community. So there is no departure from
trying to achieve our main objectives. I for one believe that the 13th
Amendment alone will not solve this problem.

And we have to have much more comprehensive sharing of power both at
the centre as well as the periphery. So that is what we are trying to
achieve with the system that will be much more democratic so that all
the people will be able to participate in the process of governance.

The 1978 Constitution has led to a big gap between the people and the
elected representatives. The situation what we are experiencing is a
breakdown of proper governance because of the fault of the 1978
Constitution. We have to change that.

Q: According to the final outcome what would the system be called as -
Unitary or Federal?

A: This is also a big issue. When originally these terms were used
they had very precious connotations. Today in terms of living reality
those terms have lost their clear definitions. The countries which
state they have unitary structures have federal features too.

The definitions Unitary and Federal are very arbitrary. I am sorry
that people in this country are fighting over words. What we have to
work out is the structures that will be most suitable for our
situation and the practical ways on how we can address our problems.

Here there is an illusion among certain people. They think that if the
word unitary is there it will enable the centre to prevent any
separation. Actually there are situations where the separate
tendencies have grown up and they have threatened the existence of the
state.

There is a misconception too. That is if we devolve power, that power
will be used by the separatist movement to achieve their separative
objectives. But, if power is devolved to satisfy their people, they
will be very happy to remain in a one country. On the other hand when
there is no power devolution and people have to depend on the centre
for everything, the separate tendencies will increase.

Q: The Opposition Leader has agreed with the implementation of the
13th Amendment. Will this help to bring the UNP representation back to
the discussion table?

A: Yes. I think. Because the support of the UNP is vital for the
proper implementation of the 13th Amendment. And support of the UNP
will certainly help the implementation. I am really happy that the
decision has been taken by the UNP leader. In addition, I would like
to invite the UNP to come back for APRC discussions.

There will be an exchange of ideas with myself and the representative
of the UNP K. N. Choksy. We will discuss with them at the APRC and try
to accommodate their opinions. Then they will become a part of the
committee.

Q: Do you agree that minorities are deprived of their rights and as a
senior politician and the Chief of the APRC what nature of solution
does the country need to solve the national problem?

A: Yes. The minorities have been deprived of their rights over the
years. It started when Sinhala Only was made the official language in
place of English. That was a good step and grievances of the Sinhala
people were met.

As Tamil language was not made an official language, the Tamil
community suffered subsequently. For example over 25 percent people in
this country are Tamils but at the moment they have only 5 percent of
the jobs in the public service.

That is a clear disadvantage for them and there are so many issues. We
have to address those grievances by giving maximum devolution of power
through the provinces, to the district level, down to the division
level and we are even taking steps to pass it down to the village
level.

So, the solution that we are trying to bring is a solution within one
country. The words unitary or federal is immaterial.

Q: How do you hope to get the support of those parties which are not
in the APRC?

A: The UNP has now offered their willingness. I will also invite the
JVP. Then I hope to invite the TNA and now there is a request made by
the TMVP too.

We will certainly discuss with the President and other parties once
the TMVP is recognised as a political party through their vote. Then
their request will also be taken into consideration.

But, the problem is they have not yet represented in the Parliament.
At the moment the parties represented in the parliament are being
invited to the APRC. It is a tricky problem. But once the elections
are over we will invite them to have a discussion with the APRC and
exchange of views. If there is a general consensus among the APRC
about the inclusion of the TMVP, we will inform the President to take
suitable action.

Q: The APRC is a framework for a political association. So without the
parties, which withdrew from the Committee do you think the final
report is fully valid?

A: All along I tried and will continue to try to get their support.
But all what I can do is to try to get them to the APRC. If not
whoever comes into the process will offer to express their views. Then
at least the Tamil speaking people will have an understanding about
the common view about the parties that are participating in the APRC.

Q: According to the Constitution, the President is empowered to
implement the 13th Amendment. Therefore do you think that the APRC has
a role to play now?

A: The representatives of the political parties have been involved in
suggesting to the President what should be done in the context of the
present Constitution. It is everbody's responsibility to implement the
country's Constitution properly.

The parties at the APRC while continuing the main discussions for a
new Constitution, will also look into the way in which the
implementation can be done.

Q: What is your view about the JVP which vehemently opposes any
solution drawn under the 13th Amendment?

A: As a socialist party they should be for devolution. And it is only
through devolution that we can give power to the people. Otherwise
power is centred among the elite in Colombo.

When the JVP had that slogan "Kolambata kiri gamata kakiri" they
expressed the fact that the benefits are going to Colombo and not to
the village. Why is that the power is centred in Colombo and devolved.

If they are genuine they should support devolution. But look at what
they are doing now. They are participating in the provincial councils
and their members are enjoying the benefits of power that has been
devolved to the provinces.

If they are against this system they must withdraw from the provincial
councils. So I cannot understand their logic of what they are doing
and saying and also allegation that the whole process is done under
the pressure of India.

Q: Does India back the 13th Amendment and are we under pressure from
India to solve the ethnic problem soon?

A: Yes. It's true that India was interfering with our affairs in the
past due to some reasons like their own security and also the security
of the Tamils in Sri Lanka. But now the geopolitics have changed and
the JVP should realise that.

Sri Lanka has economic cooperations with India and India is helping us
economically. For example India has medicine for low prices and bulk
of our medicine come from India. If the JVP says that we must boycott
Indian goods then we will be helping American Multi National Companies
to thrive.

The prices will be 100 times more. This is all nonsense.

Yes. India is backing the implementation of the 13th Amendment. For
instance the 13th Amendment has devolved very much less powers than
India has. Many people do not realise that.

Though it was suggested by India, the powers given to the provinces
here are not a fraction given to the states in India.

An other point that needs to be remembered is that recognition of a
separate state is done by the international community. Just because
part of a state is taken off from the main state, it has no legal
validity and it has no ability to sustain in a separate state unless
other countries help it and trade with it.

Sri Lanka has to retain the support of India primarily and also with
other countries. We cannot live in isolation. We should act in a way
that we will win the sympathy and support of our neighbour India.
India should not be antagonised.

I think the policies of the JVP is completely irrational, foolish and
almost childish.


* Final APRC report within three or four months.
* APRC discussions have arrived at 90 per cent.
* President was under lots of pressure from the international
community because of the LTTE's intransigence and had no option but to
intensify the conflict to counter terrorism.
* The 13th Amendment alone will not solve this problem.
* Need to have comprehensive sharing of power both at the centre and periphery.
* The definitions Unitary and Federal are very arbitrary.
* India should not be antagonised.
* Policies of the JVP is completely irrational, foolish and almost childish.
* The minorities have been deprived of their rights mainly due to
language policy.
http://www.sundayobserver.lk/2008/03/09/pol04.asp
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