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LEGAL WATCH
Loss of direction and lessons from Spain

by Nayana
An outsider watching the reactions - or in most cases, lack of reaction - to the March 10th shoot out which began at Rajagiriya and ended at Wanathamulla, must have wandered whether this country has completely lost its moral bearings.

To avoid misunderstanding let us state at the outset that this column is not advocating any form of violent retaliation or indeed any act outside the due process of law. All we ask is this: Where is the condemnation, the righteous indignation, the expression of sympathy for the victims, which we saw, for instance, in the many statements from political parties and civic groups that followed the killing of Dr. Neelan Tiruchelvam or the Town Hall bomb attack on the President?

Merely because, on this occasion, the LTTE did not get their intended VIP, is the attack to be treated as unimportant? Even the few comments made were muted. Amnesty International only condemned the indiscriminate killing of civilians, not the act of terrorism, and called upon both the Government and the LTTE to avoid such killings in the future. The TULF - the only Tamil party, as far as this writer is aware, to have issued any public statement on the incident - described it as "senseless" and expressed concern that it would not stall the ongoing "peace initiative" involving the Norwegian Government.

It was left to the visiting British Conservative Party leader William Hague to condemn "the brutal acts of terrorism by the LTTE to achieve their objective of separatism in the Island" and to express his "deepest sorrow over the deaths of innocent civilians due to the terrorist attack".

There has been no report of any similar statement from either the Government or the Leader of the Opposition in this country, nor any indication that they are analyzing the implications of this pre-planned attack by the Tigers at a time when the Government and Opposition have even gone to the extent of involving the Norwegian Government to assist in finding a consensual solution to the current conflict.

An Indication

The only groups to unequivocally condemn the recent attack were the National Joint Committee and the National Movement Against Terrorism, both of whom have already been branded as racist organizations by the Government and that elite section of NGOs who style themselves as "civil society". Their reiteration of the call for "no talks" until terrorism is eliminated may or may not be the right solution, but it is at least an indication that they see the essential connection between the two. They do not imagine, as our Government and Leader of the Opposition seem to imagine, that constitutional talks can be carried on in a vacuum (or a room flatteringly full of cameras) ignoring the ground reality outside.

Thus the perpetrators of the attack have not been made to feel that they will suffer the slightest moral or political sanction for their foul deed from the political parties that currently control this country’s destiny. And this is notwithstanding the ceaseless calls made by our Government to the international community to take a firm line against LTTE terrorism.

The protection of democratic values in the face of terrorist attacks is a challenge faced by many contemporary societies. However, in Sri Lanka, we have sidestepped this problem by willingly toning down our democratic values in the face of each terrorist attack. We censor the freedom of expression, seal off areas of our capital city, place obstacles in the way of legitimate businesses and curtail the movements of peaceful citizens, while ever more slavishly pursuing a dialogue with the perpetrators of the terrorist attacks.

In Northern Ireland, when the so called "real" IRA exploded a bomb shortly after the signing of the Good Friday Agreement of 1998, the political representatives of Irish Republicanism namely Sinn Fein were themselves compelled by public opinion to exert pressure on the "real" IRA to ensure that there would be no further bombings.

One year later, despite the ceasefire holding, the British Government suspended the elected Northern Ireland Assembly because the IRA had failed to begin decommissioning its weapons.

In Spain, over a million people marched through Madrid in protest when Basque separatists broke a 14 month ceasefire with a car bomb explosion. They were people from all walks of life, accompanied by politicians of all political hues, united in their condemnation of terrorism.

Resumed campaign

In Sri Lanka, have even a quarter of a million people ever marched against terrorism, or indeed against anything? When the NMAT stages a march to condemn terrorism, other Sri Lankans brand them as racist.

Before the recent general election in Spain, a former member of the Basque separatist group ETA was quoted as saying the following in response to ETA’s resumed campaign of bombings:

"The socialists are particularly vulnerable to this tactic [of starting bombing campaigns before elections]. It they win on Sunday they will probably form a pact with Basque nationalists and ETA will resume its cease fire. But half the voters in the Basque country are non-nationalists and are alarmed at what is going on. It endangers democracy because the threat of violence is used to further nationalism."

The results of that election are now known and Spain’s ruling Popular Party (not the Socialists) which has been consistent in its fight against ETA terrorism is reported to have made large gains in the Basque country at the expense of regional parties. This is the political reward that is reaped by those who are firm in the defence of democracy rather than crying for "peace" at any price.

The resumption of terrorism by ETA has another significance which Sri Lankan politicians ought to study. Spain already gives its autonomous regions including the Basque country wide powers including their own parliaments and police forces. Commentators have pointed out that there is nothing left to cede except Spain’s sovereignty. This then is obviously the ultimate goal of ETA which is believed to have agreed to its earlier 14 month ceasefire only because it needed a breathing space.

Point of view
Decline and fall

It was recently announced that the government had appointed a committee to investigate corruption, inefficiency and waste in the Associated Newspapers of Ceylon Ltd. After five years the Minister of Media has suddenly realised that this institution is ridden with corruption, inefficiency and waste, a fact known to all employees of Lake House and obvious to readers of its newspapers.

The Associated Newspapers of Ceylon was a highly respected media institution in the Commonwealth and amongst the free press of the world, both for its high standard of journalism and its business efficiency. The United Front government of Mrs. Sirimavo Bandaranaike deprived the country of its service as an independent press and diverted this mammoth organisation to the service of the political party in power, ignoring the provisions of the Associated Newspapers of Ceylon Special Provision Act 1973.

This government has gone further and placed the Associated Newspapers of Ceylon under a Media Minister who now admits the sorry plight to which the government has reduced a national institution.

Is this inquiry body appointed in view of an article by a former director of Associated Newspapers which appeared recently in the press or in order to dispense with the services of opposition supporters in the institution? Those appointed to the committee cannot be regarded as independent persons with a knowledge of the functioning of a press.

There is a well known Sinhalese saying applicable to these situations — "Horage ammagen payna ahanawa" (consulting the thief’s mother’s crystal ball.) It will be an interesting exercise for the committee to compare the circulation figures today with those of thirty years ago excluding of course, the free copies so generously distributed.

Media Watcher
Colombo 4.

US elections — Al Gore and George W. Bush assured nomination
Tough battle looms ahead

by Dr. Stanley Kalpage
On Super Tuesday 7 March, important primaries in key States were concluded. Both Al Gore and George W. Bush beat their respective rivals. Bill Bradley and John McCain, handily in all the main contests. Vice president Al Gore scored victories throughout the country while Texas Governor George W. Bush prevailed over Arizona Senator John McCain everywhere except in New England.

In the Republican contests, the pattern seen in earlier primaries continued. Self-identified Republicans supported Bush, while the independents favoured McCain. Conservatives voted for Bush; liberals and moderates supported McCain.

Gore won handsomely, capturing the votes of almost all demographic groups, particularly among women, blacks and union members. Bill Bradley did best among independents. He also tended to do better among white men and people with graduate degrees. Political ideology made no difference in how people voted in the Democratic primary.

Issues v. personal qualities

The Vice President’s appeal probably had much to do with Democratic satisfaction with the current Clinton administration. More than three-quarters of Democratic primary voters seemed to approve of how president Clinton was handling his job.

There is more divergence among the states in how Democrats regard Bill Clinton as a person. While 61 percent of Democratic primary voters in Georgia have a favourable opinion of Clinton as a person, 52 percent have an unfavourable opinion of the president in Connecticut.

Most Republicans looked at their candidate’s leadership and personal qualities while Democratic voters said their candidate’s positions on issues mattered most. For instance, 52 percent of Democratic voters in Ohio, were more concerned with a candidate’s position on issues; among Republican primary voters, on the other hand, 55 percent said personal qualities, and leadership abilities was paramount in their decision.

Since their main rivals have withdrawn from the race. Gore and Bush are assured of the majority of the delegates’ votes for the nominating conventions. Bush’s delegate count reached 1093, while Gore’s rose to at least 2536 - far more than required by each party.

The Democrats will hold their convention in Los Angeles from 14 to 17 August while the Republicans will choose their nominee in Philadelphia from 31 July to 3 August.

Bradley withdraws

Bill Bradley withdrew from the race for the Democratic presidential nomination but was holding on to his delegates for political leverage. He pledged his support for Gore, but stopped short of an outright endorsement and said he would not release the 361 delegates that he had won. He also ruled out seeking the vice presidential slot on the Democratic ticket.

Bill Bradley’s quest for the nomination, which began last fall with such promise, ended without his achieving a single primary victory against the vice president. He had several obstacles, including a sitting vice president with strong party backing, his own early attempts to run a high-brow, high-minded campaign in the face of effective negative campaigning by Al Gore, and the fact that traditional constituencies like labour unions and members of minority groups endorsed Gore.

Bradley contributed much to setting the Democratic agenda by pressing Gore to talk more than he had planned about health care, poverty, race relations, gay rights and gun control. Bradley also mounted an unusually potent challenge against a sitting vice president in a time of economic plenty, briefly shaking the foundations of the Democratic establishment.

McCain drops out

McCain did not say that he planned to release his delegates - 224, to date. By not releasing his delegates, McCain is trying to ensure that he would have a prominent voice at the Republican convention in Philadelphia. Nor did McCain signal that he would make a presidential bid on an independent ticket, as some of his supporters would hope.

After his staggering losses in the important battlegrounds of California and New York on Super Tuesday, Senator McCain said he was "suspending" his campaign for the Republican presidential nomination. But he stopped short of endorsing his rival, George W. Bush, and vowed to continue his fight for party reform.

Despite Bush’s victory in the critical election in California, exit polls showed Bush’s victory depended on Republicans. He ran far behind both Gore and McCain among such critical swing groups as independents and moderates. A joint front with McCain could help Bush repair some of the damage and draw to his side the legions of new voters McCain drew into the primaries.

McCain’s criticism of the religious right, whom he called "evil," drew barbs from many Republicans, but his push for a more inclusive party and his drive for campaign reform continued to command a strong following.

Campaign issues

As they dug in for the eight-month battle to November looming ahead, the two candidates were warming up for the keen tussle ahead. Bush said he was braced for Gore’s "politics of personal destruction and distortions," while Gore argued Bush’s "risky tax scheme" would hurt the economy.

Gore picked up rhetoric from Bush’s defeated rival, John McCain, tying Bush to conservative evangelists. Gore, who supports abortion rights and tighter gun laws, said in an interview that Bush shares the anti-abortion views of Pat Robertson and Jerry Falwell and also is a strong supporter of the National Rifle Association.

Bush brushed off as a stunt Gore’s latest challenge - a promise to hold off on television ads funded by "soft money" as long as Bush does, too. Saying he relished competition, Bush predicted McCain supporters would come to his side and his "passion for improving education" would attract women voters.

Bush said in an interview aired by ABC’s "Good Morning America." The Clinton - Gore team love the politics of personal destruction and distortions and I understand they’re going to throw everything they’ve got at me."The son of a president who lost the White House in 1992 to Democrats Bill Clinton and Al Gore, Bush cast his own Republican effort as pay back for his father’s defeat. Bush told a cheering crowd in Austin, Texas: "We must face one more Clinton - Gore campaign...This time we will prevail and they will fail."

Al Gore, whose late father was a long-time Tennessee senator with unfulfilled White House ambitions, was equally personal in describing himself as better prepared to manage the economy. He told supporters at a Tallahassee, Fla, high school gym: "There are two avenues leading from November of 2000. The path that I want to lead our country toward continues our prosperity, uses the surplus for constructive purposes. The other folk in the road leads off toward the right wing and curves around back toward the approach that failed during the Bush-Quayle years. Today Bush’s ‘risky tax scheme’ threatens Social Security and would build up the national debt."

Neither Bush nor Gore has chosen their vice-presidential running mates. However, Bush told CNN: "It’s a little early to talk about vice presidents, but there’s no question that a man of Colin Powell’s stature would send a strong signal to America that I know how to attract the best minds in America.

Gore - Bush showdown

With the presidential primary fights ending with the results of Super Tuesday, the general election battle between Vice President Al Gore and Texas Gov. George W. Bush has now begun.

The forthcoming debate is already being framed as a choice between the worst scandals of Clinton-Gore and the worst policies of Reagan-Bush-Gingrich. If candidates Gore and Bush proved anything in their battles with Bill Bradley and John McCain, it is that they relish a fight. Backed against the wall by their opponents, Gore and Bush responded in similar fashion, doing whatever it took to win their parties’ nominations.

All pretence of running positive campaigns has now disappeared. No one, from the strategists inside the two campaigns to the analysts watching from outside, predicts anything but a nasty and often personal fight ahead.

Tom Mann of the Brookings Institution says:, "Bush will go after Clinton and Gore on personal grounds, and Gore will go after Bush on ideological grounds. They’ll both be done just as aggressively as can be, and both campaigns are now attuned to the notion that no charge goes unanswered. So you can imagine this escalating and being really unending."

But the coming eight months will see more than just a personal struggle between the scions of the political establishment. One can anticipate a classic tussle between two united parties, their core constituencies fully activated, with a war-on-all-fronts mentality for control of the White House, Congress and, likely, the Supreme Court.

As Bush and Gore sought to claim the political centre, beginning with their Super Tuesday victory speeches, their allies began planning how to mobilize the parties’ grass-roots armies with ideological ammunition amassed over a decade of conflict between Republicans and Democrats.

Frogmarch to Eelam, with consensus galore

by Foxwatch
By genuflecting to the Norwegian and Western Friends of the LTTE, Sri Lanka has begun the last mile in a demeaning frogmarch to Eelam. Indians, Brits, Norwegians and assorted NGOs have been the most persistent arm-twisters, and governments of both major parties have been the chicken-hearted dupes in this inglorious sad possibly last chapter in the history of Sri Lanka.

In a country with any vestige of self-respect this capitulation would have triggered a public outcry. After all, it was as recently as September 29, 1999 that the Daily News reported that the Foreign Minister told the United Nations Correspondents Association in New York that Sri Lanka’s ethnic problem was an internal matter and that he saw no need for anyone including the UN to intervene in it.

Not so in Sri Lanka, where the general public appears more concerned with the fortunes of our cricket team than with the fate of the nation. The main reaction seems to be not proved, or concern about foreign and LTTE inroads on our sovereignty, but a kneejerk cry for consensus between the PA and the UNP. This call merits examination.

Any Old Consensus?

The peddlers of consensus, whether NGOs, foreign meddlers, or business tycoons, do not suggest what the parties should agree about. This is puzzling. Considering the low aggregate IQ of both parties, and their lamentable record of gullibility, vacillation, cowardice, and sheer incompetence in dealing with Prabakaran, one would have expected a long-suffering public to prescribe strict guidelines rather than giving the PA and UNP a free hand. The imagination boggles at the prospect of what the combined folly of the major parties could produce. What, for instance, if the two parties agree on steps that would destroy the country? Would that still be splendid because it was the outcome of "consensus"?

A closer look proves that the forebodings are justified. For, surprise, surprise, consensus has crept up on us when we weren’t looking, and its content is enough to make any patriotic Sri Lankan break out into a cold sweat. Consider the areas of agreement.

Gifting the North and East

• The President "promised Prabhakaran an autonomy package and also said that if he stopped fighting he could run the Northern Province, using his guerillas as a police force, without having to face elections for up to ten years." (TIME, February 9, 1998). The Leader of the UNP "said that were the UNP to win the Presidential elections he would commence talks with the LTTE who would temporarily administer the Tamil dominated North East province for two years, prior to elections being held there..." (TamilNet, November 10, 1999)

Interim Council

The Leader ofthe UNP "suggested the formation of an interim council for the north and east...to resolve the ethnic conflict..." (Sunday Times, October 10, 1999). Ihe PA "set up an Advisory Council and a Board of Management to run the Northern and Eastern Provinces..." by Gazette Notification of November 1, 1999. (The Island, November 3, 1999).

Package

"Things fall apart; the centre cannot hold;

Mere anarchy is loosed upon the world...

The PA’s core proposal for peace is a constitutional abdication of sovereignty, camouflaged by the innocuous name "Package". Ihe "Package" would irrevocably emasculate the central government and provide a merged North-East with the lega1 stepping-stone for UDI and Eelam. The UNP leader, in a letter dated January 19, 2000 to the President, said, "..the proposed constitutional reform process.. will not be the answer to this problem. But we will not obstruct (it). Therefore we will (vote for it)." (Daily News, January 21, 2000). The logic ofthe UNP is too bizarre for anyone but the Mad Hatter to grasp, but its announcement has been hailed in tbe name of the magic word consensus.

LTTE: Facilitator

The Minister of Constitutional Affairs "....told the visiting Norwegian delegation that a facilitator would be necessary for talks with the LTTE." (The Island, January 27, 2000]. The Leader of the UNP has "hinted that the third party mediator could be a European nation." (TamilNet, November 10, 1999). Both agree that the foreign facilitator should be Norway, a country openly supporting the LTTE.

Amnesia

Both major parties have succumbed to selective amnesia. The UNP has forgotten is disastrous peace talks of 1989-1990, when the government gifted arms and equipment to the LTTE, gave it the run of the north and the east, and closed down strategic military bases in a vain attempt to earn tbe goodwill of the LTTE. Tbe LTTE responded by breaking off peace talks and massacring 600 Sinhala and Muslim policemen. The PA has forgotten its disastrous peace talks of 1994-95, when it gave the LTTE the run of the north and the east and lifted the ban on articles which could be used for war. The LTTE responded by breaking off peace talks, sinking two Navy gunboats, shooting down two Avro aircraft, and obtaining a grip over the hitherto government-controlled Eastern Province. The PA and UNP want to talk peace regardless.

Naivete

• Both the PA and the UNP seem to believe that if the North/North-East are donated to Prabakaran for 10 years, 2 years he will, on The expiry of whatever period, say "Thank you so much" and meekly hand the territory back to the government.

Ignoring the Majority

• Both the PA and the UNP treat the majority Sinhalese with contempt, dismissing their protests against the "Package" as emanating from chauvinists, racists, etc. Both parties show great concern in seeking the views of Tamil parties, but totally ignore the views of Sinhala bodies.

Deadly Consensus

To summarise, the PA and the UNP-

1. Have both offered to gift portions of the North and East to Prabakaran
2. Will both vote for a "Package" which will emasculate the centre and provide a legal stepping-stone to Eelam

3. Agree on the establishment of an interim administrative body for the north-east which will lay the foundation for the establishment of Eelam.

4. Are both determined to have peace talks with the LTTE, regardless of past disasters.
5. Agree on facilitation by Norway, a country openly supporting LTTE.
6. Dismiss the Sinhala majority as not worth consulting.

This is consensus galore. In order to see what this consensus adds up to, it is interesting to measure it against Prabakaran’s position, which has never wavered.

Prabakaran and TULF on Eelam

Prabakaran’s Martyrs’ Day address of November 27, 1999 sets out the object of the LTTE insurgency in unmistakable terms.

"Tnis war is being waged for 1iberation of our land. Tamil Eelam is our homeland...our liberation war is essentially a war to liberate our lands and to establish our sovereignty, our right to rule our homeland..."

"Years ago our people made a decision that an independent state of Tamil Eelam is the only and the final solution to our national conflict."

"..[Our people]..realise the necessity of chasing away the alien forces that have invaded and occupied our territories..."

The TULF’s Vaddukoddai Resolution of May 1976, which set in motion the northern insurgency, declared that "..the state of Tamil Eelam shall consist of the people of the Northern and Eastern provinces.." The Resolution ended with a call to arms:

"And this (TULF) Convention calls upon the Tamil nation in general and the Tamil youth in particular to come forward to throw themselves fully into the sacred fight for freedom and to flinch not till the goal of a sovereign state of Tamil Eelam is reached."

Thimpu Principles- Eelam In Disguise

The LTTE sometimes presents an ostensible alternative to Tamil Eelam, i.e., the Thimpu principles. These are:

1. Recognition of the Tamils of Sri Lanka as a nation.
2. Recognition of the existence of an identified homeland for the Tamils in Sri Lanka
3. Recognition of the right of self determination of the Tamil nation.

4. Recognition of the right to citizenship and the fundamental rights of all Tamils who look upon the island as their country.

Obviously, these four principles amount to ceding Tamil Eelam, and they were rightly rejected by the government in l985. Since then, the peace lobby, fortified by the high level of ignorance of the PA, the UNP and the general public, have hailed the Thimpu principles as an enlightened offer, and there has been no unequivocal rejection by the two main parties.

Peace Talks or Surrender?

With Tamil Eelam the unshakable goal, one might wonder why Prabakaran simultaneously talks of peace. His actual words provide the answer.

"We wish to reiterate that peace talks should be held in a cordial peaceful atmosphere of mutual trust and goodwill with the assistance of international third party mediation. By peaceful atmosphere we mean a condition of normalcy characterised by cessation of hostilities. withdrawal of troops occupying Tamil lands and the absence of economic blockades."

In other words, the government is required to stop fighting the LTTE, withdraw the forces from the north and the east, resume supplies which can be used to make bombs and mines, and lift restrictions on fishing so that the Sea Tigera can operate freely. This is a virtual invitation to surrender, since there would be nothing left to talk about

FLASH: The LTTE and their patrons have a face-saving word up their sleeves to induce the government to withdraw without saying so. Withdraw the troops, they will insist, but you needn’t say you are withdrawing them; just say you are repositioning the troops.

Footnote on Mediation and Eelam

As an important footnote, consider also a report in the Indian magazine Frontline of March 4-17, 2000. This states that Balasingham impressed Norwegian facilitator Vollebaek, and informed the latter that "if the talks were to progress beyond a certain level, then the third-party role in the talks too should transform itself from that of facilitator to mediator." Considering the weakness of the PA and UNP, it is a safe bet that the facilitator will eventually become a mediator with powers which will be exercised in favour of its favourite sons, the LTTE. Ominously, Balasingham had also stressed to Vollebaek the importance of the Thimpu principles, which, as noted above, amount to Eelam.

The Peace Trap

Drawing together the threads of Prabakaran’s offer of peace talks, as elaborated by Balasingham, the picture is clear. The LTTE goal remains an independent sovereign state of Eelam, as it has always been. In the process the "alien forces", i.e., the army, navy, air force and police must be chased out of the north and east. Prabakaran is however prepared to hold peace talks, provided 1) the army ceases fire and withdraws from the north and the east, and 2) raw materials for war are supplied to him by the government. The facilitator must note the importance of the Thimpu principles (which call for the recognition of a Tamil nation, a Tamil homeland, and the right of the Tamil nation to self- determination, i.e., to secession and the declaration of Tamil Eelam). The peace talks may start under a foreign facilitator, but the facilitator must transform himself into a mediator at a certain stage.

Perilously Close to Eelam

Let the advocates of consensus for the sake of consensus open their eyes. The consensus already reached has brought the nation perilously close to ceding Tamil Eelam. What we need is not the consensus of the foolish but an injection of common sense and courage into handling of the crisis.

Kindly Nod

As it is, our plight reminds one of the story of the executioner. In ancient times, the story goes there lived a skilled executioner who was the supreme master of beheading. His sword, made of the finest steel, would flash through the air too fast for the human eye to see. At his best, the cuts were so clean that the head remained apparently untouched, and even the condemned man felt nothing. When this happened the executioner would bow and say, "Kindly nod."

If there is any more of the kind of consensus we have had so far, it will not be long before the LTTE and their Norwegian godfathers say "Kindly nod."

Can we remain silent anymore

"How could this happen to us who do no harm to anybody" was the heart rending wail of a husband widowed by the death of his wife, who was a victim of the Alawwa bus bomb. The "Divaina" of the 12th of February appropriately highlighted the torment of that grieving husband, by making it the title of the news report on the funeral of his wife. The shock of the tragedy to that family would have been immense, since a person living in a place like Alawwa, so far away from the area of conflict or a main city, least expects to be a victim of any terrorist activity. Besides, as a simple man working at a nearby concrete workshop trying to eke out a daily existence, the only other matter in his mind would have been the education of his daughter, the only child, sitting the ‘OL’ examination in December. He would therefore have had neither the time not the interest to be concerned even about the main issue bleeding our society. Yet, the terrorists struck and his family had to pay the supreme price.

Among the dead from the Rajagiriya terrorist attack too, there were many who were struggling to build their lives against the never ending problems that ordinary people have to face. Some were brides to be, who were preoccupied with preparing for the most wonderful day of their lives. Terrorism has become a threat to our very existence, irrespective of our position, race or religion. The cry of the poor family in Alawwa raises a very important aspect of this question that the public should address. That is, can the public remain any more as mere spectators of the separatist issue allowing politicians religious, foreign funded NGOs and foreign governments like Britain and Norway to take decisions on this matter threatening our very existence? It is no secret that the governments of Britain and Norway turn a blind eye to the activities of the LTTE in those countries.

Hence whatever the high moral grounds the leaders of these countries take at international forums, as far as Sri Lanka is concerned these are countries that support terrorism. All those people, institutions and governments, who call for a negotiated settlement, and compete with each other to be mediators and facilitators to solve a non existent ethnic problem, are responsible for every single drop of innocent blood shed in our country due to LTTE attacks. As the LTTE maintains that their demands which are essentially separatist in nature are non negotiable, terror is an essential means of compelling the public to accede to those demands. Therefore the question arises whether referring to separatist terrorism as an ethnic problem and calling to solve it to achieve peace, is a ruse adopted by these men and governments to encourage the terrorists to spill more and more blood, in order to achieve their own sinister designs on this country.

In this background, the example set by the people of Spain is of particular relevance to us. A bomb of the Basque separatist terrorists (the ETA) that killed a single army officer in January brought 1.1 million people to the streets to protest the total and unconditional condemnation of the dastardly act. People from every walk of life, university professors, students, lawyers, artists, nurses, doctors, workers, housewives, businessmen, politicians, priests and nuns, all joined, including the Basques themselves, for whose benefit these separatists claim to be committing such atrocities. They didn’t stand by the roadside watching the protests and passively nodding approval of the act of a few concerned citizens. They joined en masse.

The demand of the public to unconditionally and totally condemn terrorist acts, so that they can live in peace, was so great that it compelled the governing and opposition politicians too to join the protest and proclaim that "stopping separatist violence should transcend party politics". A far cry from the local situation where the governing and opposition political leaders vie with each other to give into separatist demands.

The Spanish protests prompted His Holiness Pope John Paul II to say, "I wish to express my deep pain over the news of the recent terrorist attack". The Spanish Bishops did not refer to Basque separatism as an ethnic problem that has to be solved through negotiations, even though Basques are and have always been fervently Catholic. There were no Bishops or other clerics there, like in our country to label those opposed to separatism as Spanish chauvinists or absolve the sins of terrorist leaders by referring to them as humane people or martyrs.

Later when a another bomb killed a politician, the Spaniards again took to the streets in tens of thousands, sending a clear message to terrorists that they would not be deterred by bombs. It was the intensity of such public protests in 1997 against acts of terrorism of the ETA, coupled with the determination of the Spanish government not to give into terrorism, that compelled the ETA to call a unilateral ceasefire and enter into negotiations.

Furthermore, there are now indications in our country, that as in the earlier period of Bheeshanaya, separatist terrorism is acting as a catalyst for political and state terrorism. While we now hear more and more frequently incidents of these last two types of terrorism, these too should be condemned with no less vigour. Whatever the form of terrorism, it is very foolish for anybody to hope to profit from it. Those persons and institutions, both secular and religious, who do not condemn terrorism totally and unconditionally, hoping to realise their own ulterior motives through the achievements of the separatists, should not forget one important fact. That is, some of those, here and abroad, who nurtured terrorism in our country with such ulterior motives, have learnt bitter lessons at the hands of the same terrorists. Unless members of the public, irrespective of race, religion, status and political affiliations, get totally involved in condemning terrorism and put a stop to western governments and their local agents taking decisions on our behalf, we can end up with an ethnic war like in Rwanda, where hundreds of thousands of innocent people get slaughtered.

The cries of the poor husband of Alawwa tell us that no one can afford to be indifferent about terrorism. All of us should join hands to prevail on those secular and religious leaders who are encouraging terrorism, to mend their ways before it is too late, Otherwise, there will come a day when the whole nation would become one funeral house crying out, "How can this happen to us who do no harm to anybody".

Ms. Angela Wijesinghe
The Secretary – Patriotic Christian Movement

The Review interview and attempt to trip SB

by Deshavimala
The UNP agitated over the reported statement in the "Far Eastern Economic Review" where President Chandrika Kumaratunga had accused the UNP of having links with the LTTE terrorist group, used the second round of PA-UNP talks to raise that issue. UNP General Secretary Gamini Athukorale sought a meeting with the UNP leader Ranil Wickremasinghe on Monday afternoon following the ‘The Island’ reporting what the president had allegedly said.

Athukorale told the UNP leader that it was unbecoming on the part of the government to sling mud at the party at a time when it had sincerely accepted the invitation of the president to join the talks. ’Sir, we were there at last Thursday’s talks and when the president makes such baseless accusations. What will the 3.7 million voters who voted for us think?’, he asked.

Wickremesinghe agreed and said that he would discuss the issue with the seniors in the party and instruct them on the follow-up action. Wickremesinghe met party seniors on that day and later instructed Athukorale to issue a statement condemning the reported statement of the President.

Lengthy discussions

Wickremesinghe received several telephone calls from his MPs and supporters on this matter and was asked what action he would take. Many asked him why his party went to the PA conference table when it was being severely criticised after the party met the President. Wickremesinghe replied that he was going to raise the issue personally with the President on Thursday when round two of the talks commenced. He had lengthy discussions on the issue with seniors K. N. Choksy, Ronnie De Mel and Karu Jayasuriya on the matter

On Thursday the UNP delegation led by Wickremesinghe met the President and her delegation at Temple Trees. At the outset Gamini Athukorale, asked the President about her reported statement. Kumaratunga denied having made the statement attributed to her. Athukorale then asked her to deny it. Kumaratunga said that certain newspapers, at times, distorted her statements. "I will look into the issue’, she assured.

Wickremesinghe at this point told the President that his party had no such links with the LTTE and pointed out that such statements embarrassed him and his party at a time when they have joined the peace process at her invitation. ’We have no intention to scuttle talks and we are here with a sincere motive’, the UNP noted. He then said that the UNP had no intention to talk with the LTTE as it was the duty of the government in power to do so in its ‘bid to find peace. "What I stated was that the government should talk to the LTTE and that is what you are trying to do", Wickremesinghe said.

Administration

The UNP delegation argued its case successfully and Kumaratunga who denied that statement said that she would certainly look into the matter as early as possible.

A similar situation arose when the Kumaratunga government was talking to the Tigers in the early part of 1995. Kumaratunga was then reported in the ‘Time’ Magazine as saying that she offered the administration of the North and East to the LTTE for ten years. The LTTE withdrew from the talks and launched surprise attacks on the government. The UNP used the opportunity to challenge the President’s statement to ‘Time’.

Kumaratunga denied having made such a statement and assured she would look into the matter and clarify it. However, the issue died off and the UNP did not pursue it.

The UNP thereafter took the PA government to task over a statement made by S. Thondaman when he became a PA cabinet minister. Thondaman was quoted saying that the government should as a first step, give the administration of the North and East to the LTTE. Though the UNP harped on this statement demanding that Thondaman be taken to task, the CWC leader was unmoved. He not only stood his ground but continued to repeat what he said much to the embarrassment of both the PA and the UNP.

Determined

The UNP this time is determined to pursue the alleged statement of the President. They are now eagerly awaiting her clarification on this matter.

The PA wants the UNP to continue its presence on the peace process to expedite the promulgation of a new constitution early. The issue of the magazine report is expected to play a major role in the PA-UNP relationship. The UNP is not prepared to be humiliated time and again while it claims that it came forward to help the government with a sincere and open mind. ‘We are not prepared to look fools in the eyes of the voters’, said a senior UNPer from the Colombo District.

The PA has been accusing the UNP of helping the LTTE over a period of time. The UNP leader has denied this charge many a time and has stated that he only spoke of the LTTE as a measure to find peace by urging the government to speak to them. All other charges made by the PA in connection with the LTTE has been denied by Wickremesinghe.

Future leaders

The Tigers have attacked not only the PA but also the UNP. In the past it killed all future leaders. The last time the LTTE struck was at Ja-Ela killing Major General Lucky Algama and also wounding President Kumaratunga.

While the PA accused the UNP of having links with the LTTE the government is also trying to open a dialogue and bring them to the negotiating table. While Wickremesinghe has requested the government to talk to a terrorist group like the LTTE, the government is also making all efforts to talk to the same terrorist group. On these lines the PA used the Norwegian good offices to approach the LTTE.

The Norwegian government which played the role of the ‘facilitator’ fell from power last week. This was viewed by political observers as a setback to the approach made by the PA government to bring the Tigers to the negotiating table. Several questions to this effect was directed at the Constitutional Affairs and Justice Minister Prof. G. L. Peiris this week for reply. The Minister told Parliament that the fall of the Norwegian government will not hamper the peace process and the government was certain that Norway would continue to play its’ role. Norway too supported said that the change of the government in Oslo would not make any change in the foreign policy.

Electoral Reforms

The government which gave thought to electoral reforms to change the present proportionate representation system earlier favoured the German system. However, a month ago a new idea was mooted by a group of cabinet ministers close to the palace. This system will have more parliamentarians with the present number going upto 260.

Under the earlier system, the country will go to the polls for the 160 electorates and 80 more members would be elected under the district PR system. Another 20 will be nominated in a manner similar to those on the National List. Under the proposed reforms the respective political parties will have the right not to disclose the names of those on the list of twenty till the elections are over. The government will not need to go for a referendum to get these reforms approved but it needs two thirds majority in the House.

The ministerial group promoting this move has assured that they would get the required seventeen votes from the UNP to get these proposals approved in the House.

These ministers are reported to be meeting UNP MPs in this connection these days. If the UNPers defect to support the government‘s electoral reforms they have been assured places in the PA nomination lists for the next election.

Electoral reforms

The UNP has already got wind of this move by the PA to tap their MPs. There is a UNP MP from the Trincomalee district who is openly speaking in favour of President Kumaratunga while some others have had behind the scener talks with the PA ministerial group trying to grab the support for the electoral reforms.

The proposed reforms are not to the liking of minority and smaller political parties. They feel that the move could affect them.

The minorities were unhappy about the removal of the entrenched clause of the Soulbury Constitution. They claimed that the ‘Sinhala’ only policy of Bandaranaike in the 1950s discriminated against them and again the 1972 constitution hurt them.

The move will not only affect the minority Tamil parties and the SLMC but also the other smaller parties like the Communist Party, Lanka Sama Samaja Party and the Janatha Vimukthi Peramuna. Their election too is not guaranteed unless they come under the umbrella of a main political party.

Reliable sources disclosed that the PA has told the minority parties that it would guarantee their continuance as separate political parties. They could contest under the PA and the PA was prepared to sign any memorandum of understanding. There parties are not prepared to accept this position as governments can change and they want to safeguard their interests.

Shortcomings

Several minority political party leaders who spoke to this columnist on Friday were full of praise to late President J. R. Jayewardene for strengthening their position and other concessions like making the Tamil an official language. They noted that though there were certain shortcomings on the part of the UNP, it went one step further than other political parties in giving many concessions to the Tamils under the constitution. A Ceylon Workers Congress member commenting on the democratic principles of the UNP said, ’They have given us freedom to act in our own interest in parliament though we are elected on the UNP ticket’.

The government is keen to have the electoral reforms placed in parliament in May. It is also keen to hold the next general election under the proposed reforms as it is of the view that the PA could come back to power with an overwhelmimg majority once the system was changed. The life of the present parliament is likely to go its full term till August. This was clear from the statement made by President Kumaratunga when she met the diplomatic corps this week. She said that she had no intention to call an early election and elections would be held on schedule. If the President keeps her word parliament will be dissolved in August and elections will be held by October this year.

The S. B. Affair

The UNP which moved to take on Minister S. B. Dissanayake over his reported statement on the judiciary and parliament got the opportunity on Thursday when his budjet votes come up. The minister decided to comment on the controversy that day.

Before the opposition could raise the issue, told parliament that he as a politician had the highest regard for Parliament and the judiciary but had a right to say what he thought.

Deliberate

Dissanayake recalled that there were many revolutionaries like S. A. Wickremesinghe, N. M. Perera and Dr. Colvin R. De Silva who openly opposed the parliamentary system but remained as Members of Parliament. The minister added that the personal rights of those politicians were never questioned in the manner that he had been asked to answer. He said that he would not speak on what he said about the judiciary as there was a case pending before court. Speaking about the comment on parliament, Dissanayake said he meant no disrespect to Parliament but expressed a personal opinion on the system. He explained that he meant to suspend parliament for a short period and to have a constitutional assembly with all MPs to deliberate the draft of the new constitution.

UNPer A. H. M. Azwer in his usual style moved the House into laughter by asking the Deputy Speaker to expel the Minister from the House for breach of his oath of allegiance. Deputy Speaker replied he would look into the demand made by Azwer while members from both sides enjoyed the humour.

Close associates

The UNP wanted to defeat Dissanayake’s votes by taking the government by surprise. During the day UNP MPs were seen coming into the chamber and leaving to impress upon the government that they lacked interest on Dissanayake’s votes so that the government would be unprepared. Towards the afternoon some close associates of Minister Dissanayake got wind of the UNP move. They told him about the UNP plan and were prepared to meet it.

At 6 p.m. the Deputy Chairman of Committees Rauff Hakeem who was in the Chair put Head No. 440 for voting and the few members on the government side shouted ’Aye’ for approval as UNP MPs flocked into the Chamber. Azwer who was entrusted to lead the ‘operation’ from the UNP side opposed the vote calling for a division. The Chair rang the quorum bell summoning members into the House. Minister Richard Pathirana, an experienced parliamentarian, stood up to say that the vote was passed as the UNP did not oppose it instantly. The UNP fought back claiming that the vote was not passed but Hakeem stood his ground to say that Head 440 was passed. He agreed to take a division with regard to the remaining Heads but it annoyed the UNP ranks. They started screaming and Hakeem’s orders went unheeded with the chamber taking the look of a fish market. A helpless Hakeen put the remaining Heads to vote amidst jeers from the UNP and retaliation from the PA. He announced that the votes were passed and UNP members threw books and papers in the air in anger. An adjournment motion was withdrawn due to the tensed situation in the House and the House adjourned amid a lot of noise from the UNP.

Chief Opposition Whip Lokubandara met his party leader Ranil Wickremesinghe the same evening at the latter’s office in Parliament to discuss action against Hakeem who was in the Chair. Wickremesinghe noted that the conduct of Hakeem was a violation of the Standing Orders and the party should issue a statement to that effect to the media. Lokubandara agreed to the suggestion and worked with Tyronne Fernando to prepare the document. Accordingly on Friday the UNP issued a statement to the press condemning the conduct of Hakeem. The statement charged that Hakeem had violated all tradition and ethics of Parliament by acting in an arbitrary manner which favoured the government. Under a tense situation Parliament, Minister Dissanayake won the day. But has one more hurdle to clear. That is before the Supreme Court.

PA election plans

President Kumaratunga this week decided to apprise all PA organisers of the need to strengthen the government at electoral level to face the next general election. On Monday she summoned several organisers to Temple Trees and Minister S. B. Dissanayake was entrusted the task of managing the meeting till she arrived. The President was busy with some other engagement but arrived at the conference room half an hour late. Dissanayake was then reading the reports submitted by the SLFP headquarters on the progress made by the party at electoral level during the past three months. Dissanayake told the organisers that the President planned to hold the SLFP Bala Mandalaya (Executive Committee) meeting by the end of May and therefore all branches should be set up by at least Mid April to work towards that goal.

Organisers complained that some Ministers, MPs and Provincial Councillors came into their areas to launch development work in order to get preferential votes at future elections. Minister Dissanayake told the organisers not to worry about the preferential voting system in the future as the government was planning to hold elections under the old system.

Minister Amarasiri Dodangoda used the opportunity to complain to the President that a certain powerful minister had opened a cooperative society in his electorate without his knowledge. ’Madam, these are done to get preferential votes in the future’, Dodangoda pointed out. The President who listened to the complaint advised others present to refrain from stepping into the areas of others and noted that the PR system would be done away with before the next election.

The Musical Party

President Kumaratunga herself was interested to witness a ’Paduru Party’, a popular feature where artistes sit on a mat to perform. Chief of the Independent Television Network, Newton Gunaratne was asked to organise it at Temple Trees on Monday night. The SLBC orchestra accompanied by popular artistes Gunadasa Kapuge, Edward Jayakody, Divulgane, G. S. B. Rani Charitha Priyadharshani and a host of others arrived at Temple Trees around 8.30 pm for the show. Shayami Nadeesha, daughter of Chandralekha Perera who was attacked by gunmen recently was also present to perform. A number of ministers and Director of Information Ariya Rubasinghe were also guests of the President on this occassion.

G. S. B. Rani, a popular vocalist of yesteryear used the occasion to tell about her sad plight to the President who assured to assist her. Ministers Pathirana, Lakshman Jayakody and several others also took part in the singing. While the song and dance went on, the President was seen talking to Chandralekha’s daughter. The real merry making started as Gen. Anuruddha Ratwatte, began to dance and others joined him in the fun.

The UNP which got wind of this Paduru Party the next day started to criticise it with PA MPs during parliament time saying that the PA was making merry when the LTTE struck in Colombo the previous Friday killing twenty one innocent people. Some PA MPs who were not present at the musical extravaganza the previous day acknowledged the stand of the UNP saying that it was not correct on the part of the government to sing and dance when innocent people were being killed by the Tigers.

Women and political representation: Glaring injustice

by Indrani Iriyagolle
(President, Sinhala Kanthabhivurdhi Sangvidanaya, formerly, Chairperson, Civil and Political Rights Commission of International Alliance of Women)

Yet another International Women’s Day has been celebrated. A Parliamentary election is around the corner. Horrendous incidents of political violence against women at both Provincial Council and Presidential election were brought to the fore by individuals, Women’s organisations and other NGO’s, but so far conclusive action has not been taken against the political barbarians. Practically all political parties have women’s sections but they seem not to promote women candidates and many of them do not examine, pursue or reform the system for wider representation to include women. Women’s organisations have been pushing, for a number of years, for reform to improve women’s representation but parties have side-stepped the issue.

How long will this state of affairs continue? How long will this injustice be tolerated? Will a new style of confrontational politics emerge from within the women community? Who are the men and women MP’s who speak specifically as the occasion demands (not everybody) about the problems, challenges and miseries of women in general, of the war widows, mothers who have lost their sons in the war, migrant women’s rights and tears, single parent families increasing by the thousands, violence against women, the needs of women office workers, women and suicides, women lost in society, women abducted, professional injustices to women professionals, — and so the list can continue. Let us examine the current situations, one by one.

The Parties

The political parties in Sri Lanka show no sings of being "gender sensitive". The words tagged onto gender, such as gender sensitive gender perspectives, gender equity, gender balance etc seem to frighten party men or perhaps ‘stress’ them through fear of losing a political position or place, especially in the present political context where the electoral system encourages, competition, popularity and self centeredness the very ingre universal franchise, the world’s first woman Prime Minister, has no meaning when one examines women’s representation in the legislature, the Cabinet, the Judiciary, Administration, the institutes of academic etc. Whereas women constitute 51.3% of the population and a near 50% electorate, women have only a 5% representation in Parliament, 9% in the Cabinet, 4% in Provincial councils, 2.8% Municipal Councils and 1.1% in local bodies. What is still more shocking is that women in the national legislature have never exceeded 5% since the 1930’s. A number of strong reasons have been attributed to this hopeless and shameful state of affairs.

a) politics is for men, its a men’s game: child nurturing, home making and the caring services, food and the hearth are for women.

b) political parties and leadership level have still not recommended the use of quotas in candidacy lists quotas in Parliament or women for the National Lists, to increase women’s representation.

c) Private and public sector trade unions, in some instances with over 50% women membership have not conceded to the demands of social change, by promoting women.

d) Women abhor violence, women weaken in situations where rumour mongering, verbal abuse and physical violence is deliberate and vengeful.

e) lack of commitment and support from the media to spot women leaders, promote their roles and help campaign to increase women’s representation and recognise their capacities.

f) Violence against women in political campaigns.

Quotas for women

Several countries in the West and recently followed by India, the quota system has been adopted. The quiet labour Party revolution in England bore positive results by a change in policy inspired by the need to win more women’s votes. It not only regenerated the party but bore productive results at the 1997 general election by increasing its women MP’s from 21 in 1987 to 101 in 1997 i.e. from 9.2% to 24.2% in 1997 respectively. It was also inspired by the Socialist International Women who strongly recommended the use of quotas. The success of Scandinavian parties in using quotas to transform the balance of representation, which led them to achieve virtually equal numbers of men and women in Parliament.

The Indian experience is yet another case in point. 33% women for the Panchayat system (local govt.) was approved as a welcome quota, despite the many allegations later of inefficiency and corruption. In many States however, the 33% reservation for women has helped to make serious inroads into the social order drawing millions of women into politics and adding effective strength to counter excess vices such as prostitution, alcohol, drug addiction, shelter for women etc., It has also helped to stabilise a women’s voter bloo, in certain areas.

The late President R. Premadasa introduced the quota system by Amendment to the Local Govt. Act to accommodate a 35% quota for youth. By this the UNP became the first party to implement quotas. It is now incumbent on this same party (to be followed by others) to implement the quota of 30% to future candidacy lists and the national lists of parties. Further to this we add that in the event of the death or resignation of a national list woman MP the vacancy be filled by nominating a women.

Injustice and insult

Several instances of historic injustice in the law have been remedied by recent legislation. After a near 150 years amendments to the Penel Code have been welcomed by the public. Unfortunately in the case of under-representation of women no such initiatives have been made by political parties. Women into politics policy will not be successful without party backing and clout. Political representation by women shall not be a welcome success if the women so selected are not knowledgeable without capacities. Communication, debate, discussion backed by sound knowledge are ingredients vital to women representatives if they are to contribute positively. Even today we see the sad spectacle of women MP’s modelling conspicious clothes, rocking and warming chairs as if they were elected for such roles only!

Yet another reason for lack of support by men is the poor performance of women representatives, who limit their roles to sneering jeering and crude interventions without relevant contributions to a bill. No wonder the impression that all women candidates if they come out victorious would play the same role.

Clearly a programme of change must be driven by the need to improve quality and representativeness of political institutions as well as the community. For democracy to be meaningful it is right and necessary that women in adeuqate numbers should be represented in the elected officers, whatever its electoral impact. Nonetheless, it will be interesting to watch the change in the voting behaviour of women in the next 10 to 15 years. The party that gives ear to the voice of women and recognises the aspirations of women would win the votes bank. the party image may help to change women’s voting behaviour and vice verse.

Recommendations

* the need to change the style and culture of the parties

* a new set of party rules to be set up and adopted as a modernising process

* ensure that party committees have gender conscious representation

* not to group women into marginal seats. Shortlist women candidates well in advance

* make a women’s policy visible at party meetings and on the public platforms

* organise a monthly question time to put the women’s agenda onto the floor of Parliament at least once or twice a month

* provide for 30% women in candidates lists and 30% women in the National lists

* devise strong and active measures to counter violence against women and men in politics and initiate measures for women candidates with visible party support

* appoint a women’s committee within the party to enable selections and nominations etc

Evidence from other countries suggests that when one party makes a breakthrough on women’s representation, others feel obliged to follow. Women NGO’s have agitated over a long period of time despite lack of support from the media. It is timely that an annual consultation on priorities for the advancement of women be held to sift and incorporate new thinking in policy and in the structures and methodology that need to be adopted, for a national Plan of Action.

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