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Dreadful tale of human tragedy

A review of Scarred Minds - By Dr. Daya Somasundaram

by K. Godage
A remarkable book. Dr. Somasundaram, a Consultant Psychiatrist writes on the "Psychological impact of the War on Sri Lanka Tamils".

He writes of the violence and destruction visited on the Tamil people and the trauma experienced by them. Dr. Somasundaram gives us in the 'South', the 'other perspective' of the conflict, placing the emphasis on human suffering.

When I commenced reading the book my first impression was that the book was an indictment against the State, I wondered whether it was a political statement. In my own mind I questioned the purpose of the book, but as it unfolded I realised that here was a specialist doctor, who was also a humanist, sharing his experiences with his readers and making them aware of the sufferings of fellow human beings. This book certainly enriched me.

The are many observations I wish to make about the book. The good Doctor not being a student of conflict describes the conflict in Sri Lanka, like many others, as a 'Civil War'. A Civil War is the type of conflict that took place in the United States between the North and the South in the last century. Another Civil War in our times was the conflict in Bosnia, where the Muslims, the Croats and the Serbs fought each other. The so called 'conflict' in Sri Lanka is in fact the action of the legitimate Government to suppress an uprising or an insurgency against the State. It is certainly not a 'Civil War'.

There are also times when one gets the impression that the good doctor is not a dispassionate observer of the scene, putting distance between himself and events he writes about. It is not an absolutely 'scientific study' in that sense, but in fairness to Dr. Somasundaram, it must be stated that to expect a cold scientific study of a subject such as this would be both unfair and too much to ask of any mortal, whose own people are involved.

When one reads of the pathetic plight of the Tamil people and the blame heaped upon the State, what comes to mind is this, is it not the LTTE that has brought this war and the consequent suffering upon the Tamil people - at least after 1987 and most certainly after January 1995. They did not accept the Agreement worked out for the Tamil people, which would have been improved upon with time, by the Indian Government. They reneged on whatever understandings they had with President Premadasa and resumed the brutal conflict when they were ready. It was the same story with the present Government. Who was it then that did not give peace a chance, was it the successive governments of Sri Lanka or Prabhakaran and the LTTE? To blame the present phase of the conflict solely on the present government, as some are wont to do, is nonsense. I must hasten to add that Dr. Somasunderam certainly does not do that.

In this regard it must be stated that the deafening silence of the Tamil community in Colombo is indefensible. I can well understand the plight of Tamil political leaders such as Dr. Neelan Tiruchelvam, being unable or reluctant to speak out, for the LTTE will no doubt take them out as they have Amirthalingam, Yogeswaran, Sam Thambimuttu and wife, all of whom were all assassinated by the LTTE in Colombo.

The Tamil community in Colombo, over 200 miles from where the Tiger roams, has a duty to speak out and condemn the LTTE for mindlessly continuing the war and visiting tremendous hardship on the Tamil people. Dr. Somasundaram himself deals with this (I shall quote from him at the end of this Review). They surely realise that Prabhakaran is a Fascist psychopath and that Eelam, as visualized by the LTTE leader is not viable, for a host of reasons, not just for economic reasons. Surely Hindus from Eelam would then need visas to visit their holiest of 'holies' and have to pass through "drohi country" (according to Ponnambalam),the Shrine of Lord Murugan at Kataragama or would he also want Moneragala District in Eelam? Prabhakaran cannot kill hundreds in Colombo for speaking out. They should speak up lest diabolical lunatics make statements on their behalf and claim that every Tamil in Colombo is an LTTE supporter, as did happen a few weeks ago. Most unfortunately, though many of my Tamil friends condemned the lunatic statement in private conversations, no one condemned the man in public.

Let me now revert to the subject of the book. It is indeed a dreadful tale of human tragedy, recorded by a humanist - a man deeply concerned about the suffering of people, reporting to mankind at large. It must be said of him that he is as fearless as the "University Teachers for Human Rights".

In the first Chapter Dr. Somasundram discusses the background to the conflict. He says that " the Tamil problem has now developed more than all into a psychological problem.......Everywhere there is fear, suspicion and distrust; and this has to be cleared before any solution of the Sinhala-Tamil problem is attempted. The fear and distrust has led to misunderstanding of the aims and actions of the Sinhalese. The Tamils see something ominous in every Sinhala move. This is not surprising, for what has taken place after 1956 has confirmed the fears of the Tamils."

Dr. Somasundaram quotes the late Bishop Lakshman Wickremasinghe who wrote that " there was a conflict of perception between the Sinhalese and the Tamils", In the same first chapter he discusses the role played or not played by Buddhism and Hinduism and concludes stating "the greatest tragedy that has befallen Sri Lanka is the singular lack of true spiritual men to guide and lead the people through this crisis"--no truer words were uttered.

In Chapteer 2 of his book Dr. Somasundaram deals with the war years (1983-1997). Dr.S traces the history of the conflict and its escalation. He states that the "calculated decision" to attack Sinhala civilians was taken and began in 1984 and was a tactical one in the beginning. He says that it was a 'response' to the repressive measures including the arbitrary arrests, torture and killings of innocent Tamil civilians by State functionaries. He writes "guerilla attacks on the armed forces had only limited success - only provoking reprisals.

Furthermore the militants did not have the strength to take on the security forces therefore went for soft targets. The anti- Sinhala violence escalated and took the brutal form of terrorist attacks on the heartland of the Sinhalese itself. Here also the main aim appeared to be calculated and tactical: the actions were also prompted by the Indian intelligence Agency RAW".

Somasundaram goes on to state "thus the violence of the Tamil militants differed from that of the State forces or the Sinhalese.

It was cold-blooded calculated, carried out with precision and cool efficiency of machine guns and time bombs.. Quite unlike the reactiverage of the Sinhalese which was emotional (warm hearted) and soon dissipated itself". An extremely perceptive observation.

Chapter 3 deals with the "Psychological Causes of the War".

The subject is treated in a scholarly manner. He discusses the Tamil identity crisis, the socio-economic and political pressures on youth and the "phenomenal success of the dominant militant group, the LTTE, to win the continuing support of a section of the population and to attract a large number of dedicated youth to their ranks.....".The Chapter is both interesting and enlightening for he discusses the psychological causes of the war, and relates his findings to accepted theoretical concepts.

In the Chapter following, he moves from 'causes' to 'effects' of the war, once again we see a scholarly treatment of the subject.

It is quite valuable in content. The next three Chapters, five titled "Psychiatric Sequelae to a chronic Civil War", six, titled

"Psychological impact of acute War" and seven, The "Psychological after-effects of torture --a survey of Sri Lanka ex detainees" are all 'specialist Chapters' that make instructive reading. In the final chapter titled 'Management', is especially useful reading

Dr. Somasundaram is committed to non violence and after referring to that option, states (pages 327 and 328 of his book)

"Instead we chose to follow the path of violence in the so-called 'liberation struggle for just rights of the Tamil people'. In the beginning, of course, there was much altruism and enthusiasm as many Tamil youth dedicated themselves to the cause. But what started out as defensive aggression has undergone a malignant transformation in the heat of the struggle for power and has turned self-destructive. Tamils killed Tamils Those who dared to ask questions or speak out against the increasing repression were eliminated or forced to flee. Slowly the community lost its most able and gifted leaders, intellectuals, professionals and workers. A submissive, obedient society was moulded through intimidation, terror and elimination. Instead of a gradual increase in social consciousness that one would expect after a decade of a liberation struggle, there was increasing constriction and narrowness. A more ominous manifestation of the constricting consciousness was the narrow nationalism shown by the massacre of Tamil Muslims (a misrepresentation unworthy of the good Doctor-KG)in the East and their expulsion from the North".

"Political and social control became total. Tamils soon lost under their own rulers even the restricted basic rights they had once enjoyed under their 'oppressors'. By July 1990, life and property of all Tamils was taken over by decree. There was no question of self-determination. Everything was pre-determined, the people were required only to fall in line.

Such basic freedoms as of speech, assembly, travel, press, and freedom from displacement arbitrary arrest, detention, torture and death have been lost. Even at a tender age children are being increasingly recruited, indoctrinated and trained into efficient militant machines. Although late by a few years, George Orwell's Nineteen Eighty Four has become a reality in Jaffna. 'Big Brother' (anna) looking over the shoulder movement songs and propaganda over loud speakers and the radio and through other media; a community completely brainwashed; has all come to pass. Thus the consequence of a decade of violent struggle is a society bound and shackled and moulded to think along circumscribed nationalistic lines. Tragically, all this was done with the best of intentions, in an effort to 'liberate' the Tamil society. One wonders whether such fascist and totalitarian developments are an inevitable result of violent struggle".

He continues, writing on "the Tamil Mind", and states "Thus the Tamil mind is today faced with two types of terror one external and the other internal. The external terror is quite obvious and its reality has been accepted internationally, particularly since the 1983 ethnic riots and more recently even by discerning Sinhalese in the South. The increasingly discriminatory policies (in education, land, employment) and repressive measures of the Sinhalese state and periodic mob violence up to 1983 (significantly not after that up to this writing) against the Tamils is well documented. This book is replete with examples and consequences of this terror campaign. The same terror also characterised the brief Indian administration of the North and East The only lesson from all these attempts at violent suppression of protests deriving from the unsolved grievances of a minority is that it does not work. What results is an intractable mess".

"The second form of terror is from within. The tight control exerted by the LTTE over the Tamils and the overwhelming tendency for Tamils to be silent or to avoid criticising the LTTE in any genuine way has led to the completely totalitarian regime we have. Some may say that the silence results from fear and that would be true to a great extent. The LTTE has consistently destroyed any criticism and weeded out all opposition to its rule, its powerful network even reaching abroad. But it is also due to an instinctive support for Tamil nationalism and the perception that the LTTE represents this nationalism. But is that really true? Is the LTTE policy not leading to destruction, a cultural genocide as described here, rather than growth and development? Can we at least not afford a little space, some room to air other views, a chance to make LTTE responsive to the needs of the Tamil people it claims to represent? Should it not be made to listen to the voice of the people? The overwhelming cry is of war weariness, many Tamils particularly expatriates and those living outside the war zones, would hesitate to say yes. This, they would say is not the time to be self~critical and wash our dirty linen in public; the Tamil cause is at a critical juncture; we have to present a united front and not weaken ourselves by differences of opinion. However, is it not possible to allow the people some say in the direction of the struggle or its eventual destination? Can it be possible that the LTTE (which in reality means the special tendencies epitomised by Velupillai Prabhakaran) alone knows best? Are we willing to take responsibility for the other negative aspects of LTTE rule which we choose to deny, ignore or claim ignorance of? The fact is that just as the Sinhalese state has militarised its side, the LTTE too has built up a worldwide totalitarian structure".

"Consider the fate of women and children caught in this trap in the North and East. Young men are no longer joining the militants in the desired numbers due to. disillusionment with the whole system. They have finally developed the insight and the realisation which those who are not directly affected sadly lack Most of them want desperately to get out. So it has become necessary to recruit children and women in their place. Though there Is no overt compulsion, the whole system covertly works towards this end. From full scale indoctrination at schools and through the mass media, to the strict restrictions on outward travel of those in the recruitable age group through a pass system (and, of course, the atrocities of the Sri Lankan forces), all impel the children and women from deprived sections of society to become the cannon fodder for this terrible war. Is this what is being advocated from the safety of Western countries where children of those vocally supporting the LTTE are happily attending school?

"Unfortunately for the Tamils, the LTTE which claims to be their sole representative and obviously has won some legitimacy in their eyes, has repeatedly spurned diplomatic means to exploit political opportunities to the advantage of the Tamils. They have been a fierce guerrilla force of international repute and renown but have tended to always think in military terms only. Thus the Tamil civilian population has been pulled into several, unnecessary' wars and forced to suffer all the consequences (as outlined in this book) because of this military and paranoid mindset. Had these situations been diplomatically exploited with adroit skill, the result may have been an advantageous position for the Tamils and the avoidance of a prolonged war, for example the Indian peace accord of 1987 was actually a golden opportunity for the Tamils. Perhaps we will never again get the terms offered in the accord and that too with India as a guarantor. It was a gross and costly mistake for the LTTE, and by extension for the Tamils, to become the ones to oppose it and bring on the wrath of India on ourselves when they had actually come with arguably good intentions towards us. This is not to excuse the role of India with all its resources, which if anything has to bear the moral blame, particularly for the consequences of the war that ensued with the breakdown of the accord in October 1987. India approached the problem in a superficial way with no understanding of the intricacies involved. The whole operation was conducted from a north Indian perspective.

Similarly the so-called Eelam War II in May 1990 and Felam War III of April 1995 could have been avoided or at least not precipitated by 'our side'. It is noteworthy that the LTTE fraternised with all these forces or 'enemies' at onetime or another and later branded others as 'traitors' for doing the same. A problem with the LTTE in particular, and the Tamil Mind in general, has been their fanatical intolerance and paranoia towards other interest groups or points of view. In fact, a careful analysis of the aforementioned situations leading to war will show that it was this deep paranoia about other Tamil militant groups that led the LTTE to opt for war, without in the least considering the consequences for the civilian population. The consequences of the .1995 exodus from the Jaffna peninsula for the estimated 500,000 people in terms of death, disease, thirst, hunger, hardship and suffering are indescribable. But more. than that, when a people are uprooted from their natural habitat to which they have strong ties, a slow psychological and cultural death takes place. When we think of the cultural institutions, including libraries, that have been left behind and the deterioration in social norms and practices that are going to result (as happened to other refugee populations), it represents a kind of cultural genocide in the offing".

"Many self-acclaimed Tamil organisations commonly charge the government of genocide, but what we are doing to ourselves is hardly less than self-destruction. There has been no gain to the Tamil people or even to the LTTE~ politically or militarily-by these costly exercises. We are back to square one after all the death and destruction. The recent reply by some Jaffna university academics to the UTHR publication about the exodus admitted what was stark reality to the 500,000 displaced persons, that the LTTE was compelled to order the exodus but it later came up with various justifications or rationalisations for it. This is a good sign. At least some space for dissent is being created even at this late stage..

"Helmut Thielicke (I 967) clearly describes how the totalitarian Nazi regime came to be established over the Germans. He explains how the dreadful truth (of the internal terror and the nature of the regime) was repressed from consciousness. He clearly warns us, 'Take care lest you end up in exactly the same place where we are today.' It is important to realise that much of this self-imposed repression, censorship and standard rhetoric that is spewed out is unconscious. An internal censor will control what is said or even thought. External control becomes unnecessary: Commenting on the surprising lack of external controls (check points, guards, searches, public signs of arms, etc.) in Tiger controlled Jaffna, an ICRC representative said, after much careful observation of Tamil society towards the end of his tenure, '...the barbed wires are inside the mind'. Thus it became doubly difficult and painful to became aware of what was really going on".

Dr.Somasundaram makes a plea "We have to realise that in a way we are all responsible, remaining silent and passive as violence spread among us. So much so that today we are hardly conscious, almost blind, to the nature of what is going on around us. If the Tamil community is to break out of its tragic plight, it can only be through a genuine liberating effort where they become aware that they are the ultimate source of power and thereby exercise their inalienable right to determine their future. As long as we continue to cling to our slavish mentality, we continue to need an authority to rule us."

So much for the 'Liberators' and the manner in which they ruled.

This is a serious work, which should be translated into Sinhalese. It should be read by all citizens of this country and others who are interested in understanding the current problem or conflict. It is in a sense "the other perspective". It was my intention to serve the Review as an 'Hors-d'oeure' but it has turned out to be 'a big meal', but the "Hors d'oerve' is no substitute for the 'Gomet' effort, the book itself.

L E G A L W A T C H
S.C. thwarts attempt to interfere with electoral process

by Nayana
The determination of the Supreme Court that the Provincial Councils Elections (Special Provisions) Bill was inconsistent with the Constitution marked yet another instance where either the Government's legal advisers had failed to do their homework or else the Government had failed to listen to competent legal advice.

In a Bill comprising only four clauses and a preamble, two clauses and a paragraph of the preamble were found to require amendment.

This Bill was a sequel to the postponement of Provincial Council polls in the Western, Sabaragamuwa, Uva, Central and North- Central Provinces which were due to be held last August.

After the five year terms of these Councils came to an end earlier this year, nominations were called for fresh elections in terms of the Provincial Councils Elections Act No. 2 of 1988, and at the end of the nominations period notices were published under Section 22(1) of the Act fixing the poll for August 28 in all five Provinces.

Emergency
On August 4, the State of Emergency which had been in force in some areas was extended Island-wide by Presidential proclamation under the Public Security Ordinance. The President thereupon made the following Emergency Regulation:

"For so long, and so long only, as Part II of the Public Security Ordinance is in operation in a Province for which a Provincial Council specified in Column I of the Schedule hereto has been established, such part of the Notice under Section 22 of the Provincial Councils Elections Act No. 2 of 1988, published in the Gazette specified in the corresponding entry in Column II of the Schedule hereto, as relates to the date of poll for the holding of elections to such Provincial Council shall be deemed for all purposes to be of no effect."

Although the provision relating to the date of the poll was declared to be of no effect only so long as a State of Emergency remained in force, for all practical purposes that part of the original notice ceased to be operable after August 28.

However none of the other steps hitherto taken in respect of the elections including the acceptance of nominations were sought to be invalidated by the Emergency Regulation.

In early November the Prime Minister presented the Provincial Councils Elections (Special Provisions) Bill in Parliament. Five individuals and the Janatha Vimukthi Peramuna in separate petitions challenged the Bill as being inconsistent with the Constitution.

This short Bill was designed to deal with the situation that had arisen in the five Provinces after the expiry of the August 28 date originally fixed for the poll.

Clause 2 of the Bill declared that the Commissioner of Elections "shall" within four weeks of the commencement of the Act, fix a fresh date of poll in lieu of the date earlier specified.

Independent
Clause 3 of the Bill gave the secretary of a recognized political party or the leader of an independent group who had submitted a nomination paper in respect of any administrative district within a province in which an election was to be held, the power to substitute the name of a new candidate in place of the name of a candidate already on the list.

The consent of the substituted person was required to be manifested by means of an affidavit, but the consent of the candidate who was being struck off the list was apparently not required.

Both these clauses were challenged. With regard to Clause 2, it was pointed out that the Provincial Councils Elections Act of 1988 already contained a provision - Section 22(6) - which gives the Commissioner of Elections the power to refix the poll where an election cannot be held on the due date "due to any emergency or unforeseen circumstances".

Under that section, the Commissioner has a discretion in the selection of the date for each Province, subject only to the requirement that it must be not less than 14 days after the publication of the Gazette notice.

In the present case the Court observed that the Commissioner was faced with an Emergency Regulation suspending the notices he had issued fixing the poll for August 28. In the Court's view, Section 22(6) therefore applied, and the Commissioner could have issued a notice appointing a fresh date for the poll which, being one issued in terms of that section, would not have been affected by the Emergency Regulation issued on August 4.

It was pointed out that despite the lapse of more than two months since the original date for the poll, the Bill under review had not been classified as an urgent bill and its passage through Parliament could take place at some indefinite date in the future. If the Commissioner's power to refix the election were to depend on the power purportedly conferred on him by the Bill, the elections could be similarly delayed. However, the 13th Amendment which created the Provincial Councils clearly did not envisage such a situation as it provides for automatic dissolution of a Council at the end of its term and makes no provision for a caretaker administration.

In an argument which found favour with the Supreme Court, the petitioners argued that Clause 2 of the Bill sought to depart from Section 22(6) of the Provincial Councils Elections Act by interfering with the Commissioner's discretion in the appointment of a fresh date and compelling him to exercise his power in a way not envisaged by the Provincial Councils Elections Act.

This was an interference with the discretion given to the Commissioner by Article 104 of the Constitution in the carrying out of his powers and duties.

Furthermore, since this was not a general amendment to the law but a special provision that would apply only to the five PC elections under discussion, it amounted to a violation of Article 12(1) of the fundamental rights chapter of the Constitution which guarantees equality before the law.

In addition, in a ruling that will have far-reaching consequences the Supreme Court held that Clause 2 of the Bill was an interference with the franchise protected by Article 4 (e) of the Constitution. The significance of this is that the text of Article 4(e) refers only to the exercise of the franchise at presidential and general elections and a referendum. There was accordingly some doubt as to whether Article 4(e) protected the exercise of the franchise at provincial elections.

However the Court noted that provincial councils were created by the 13th Amendment several years after the original Constitution was promulgated, but as a result of that Amendment, Article 4(e) must now be taken to refer to provincial council elections as well.

This decision could have an impact on the cases presently before the Supreme Court and Court of Appeal challenging the postponement of the five provincial elections by Emergency Regulations, and could even be of relevance if and when the Government presents its "devolution package" to Parliament.

Clause 3 of the Bill which allowed for the substitution of candidates was likewise held to be inconsistent with Articles 12(1) and 4(e) of the Constitution. In as much as this clause purported to confer power on a party secretary or independent group leader to arbitrarily remove a candidate from the nomination list, it was said to be "a gross violation of the right to equal treatment of candidates standing for election".

Possibilities
This ruling also raises interesting possibilities that go beyond the PC Elections (Special Provisions) Bill. For instance, how far will political parties and groups at any type of election be required to observe equality of treatment as between the several candidates on their nominations lists?

The final paragraph of the Preamble to the Bill claimed that it had now become "necessary" to make provision enabling the Commissioner of Elections to fix a new date for the poll. In view of the Court's finding regarding the power already possessed by the Commissioner under Section 22(6) of the Provincial Councils Elections Act, the Court held that this paragraph of the Preamble could not stand and should be replaced by a simple statement that the poll could not be taken on the due date.

The State also agreed to a re-wording of Clause 2 of the Bill suggested by the Court so as not to interfere with the Commissioner's discretionary power under Section 22(6) of the P.C. Elections Act. Clause 3 relating to the substitution of candidates had to be dropped altogether.

One other interesting argument raised by the petitioners was not decided by the Court in view of its other findings. It concerned the third paragraph of the Preamble which stated that "by regulation made under Section 5 of the Public Security Ordinance and published in Gazette No. 1039/5 of August 4, 1998, the date so specified (i.e. the original date of the poll) was declared to be of no effect".

The validity of this Emergency Regulation is presently under challenge in both the Supreme Court and Court of Appeal, and the petitioners argued that the Bill was therefore attempting to legitimize a regulation the validity of which was under judicial review. They argued that this was an Executive interference with the judicial process as well as the electoral process.

The debacle over the Provincial Councils Elections (Special Provisions) Bill marks the third occasion when the present Government's attempts to intervene in the Provincial Council system have been found to be unconstitutional, the two previous instances being the attempted dissolution of two Councils by means of Presidential directives to the Provincial Governors while their Chief Ministers still commanded majorities in the Council.

An open letter to the President
Beware of the peaceniks

Dear Madam,

The Sri Lanka armed forces are engaged in a war with a ruthless group of separatist terrorists in order to establish the writ of government throughout the entire country, but events clearly indicate that there are a number of counter forces which are dampening the efforts of our brave youth who have come forward to defend the integrity and unity of our motherland.

While it is most regrettable that the war is not being pursued with one pointedness and in accordance with an effective military strategy free of any political agenda, it is very alarming that government is turning a blind eye to a subtle campaign against the interests of the state which various foreign and foreign funded NGOs and other groups are conducting to undermine the efforts of the armed forces in a number of ways.

We would particularly refer to the peace calls that are being made by these groups. These calls are supported by programmes that are carried out through the print and electronic media to create an impression in the minds of the people, particularly the youth engaged in war, potential recruits to the forces and their families, of the futility of a unwinnable war and that the only avenue to lasting peace in this conflict is through negotiations with the terrorists. Not all are conversant with the implications of a seemingly innocent call for peace and this propaganda has left some of the members of the armed forces in a state of confusion, leaving them in great doubt as to what they are fighting for. In this connection we refer to the recent decision of the Army to call for fresh recruits to join the Army. The activities of these "peace groups" will deter youth from joining and thus go directly counter to government policy.

With the above state of affairs, the breakdown of morale among the forces and a lack of a firm will to fight, the disincentives to the youth to join the forces in defence of the integrity of their motherland and the resentment from their families are the grave consequences of such propaganda. This demoralisation stands in sharp contrast to the ruthless tactics adopted by Prabhakaran to recruit and instill morale in the minds of their cadres to the extent of motivating them even to kill helpless Sinhala civilians by the thousands.

There should be no doubt that everyone in this country yearns for a durable peace but there is also no doubt that a majority of people are not for a peace at the immeasurable cost of ultimately having to yield the entire country or even a part of it to a group of terrorists who have openly declared their final goal as being the creation of a separate state.

Under these circumstances, if a genuine and sincere interest exists on the part of those who are governing this country for a durable peace without a breakup of the country, a radical and immediate change to the present approach is urgently called for. This would mean that a firm and unwavering decision has to be taken to pursue this war to its successful conclusion.

The change also calls for the immediate suspension of any negotiations or plans for negotiation with the terrorists or with any Tamil leaders until terrorism is defeated. These terrorists have reneged a 1987 agreement for devolving powers as a lasting solution and have used all past negotiations to their full military advantage, resulting in irreparable disasters to thousands of our armed personnel.

The LTTE's primary objective of a separate state of Eelam and their ultimate goal of seizing the entire country are not only proved by the costly experiences of the past including the killing of those Tamils who attempted to bring some normalcy to Jaffna, but are also seen in the notorious writings of their supporters. It is also relevant to recall the late Rajiv Gandhi's warning to Sri Lanka in no uncertain terms that Prabhakaran is a totally untrustworthy character and that his ambitions go far beyond any devolution that a government of Sri Lanka could offer.

Even in a situation where the terrorists will agree to give up their demand for a separate state, will such agreement be worth the paper on which it is written. Would not such agreement be made merely for expediency, with the only purpose of strengthening themselves to create an environment, which is ripe for attaining all their objectives in a short time. Will not the government be in a much weaker position then to resist such moves after transferring powers to-a N-E region (powers being revocable or irrevocable will not bother the terrorists at that stage) and installing them there legally, and will not this approach certainly result in a bloodier war of mass destruction embracing the entire country and the likely loss of the entire country to the terrorists. At that stage what will be the solutions of the present pundits of peace through negotiations. Would it be to negotiate again and again with the LTTE until the entire country is surrendered to them? Can these pundits or anyone else who are supportive of negotiations at this stage offer to the people of this country a meaningful guarantee that their present proposals will bring a durable peace while ensuring the unitary status of the country?

It would be a great mistake to interpret the people's silence to proposals for negotiations and for the devolution of power as tacit acceptance by the people of these proposals. Although the country has not been so far placed on a war footing, the country is indeed in a state of war and hardships have been thrust on the people by way of security checks, restriction of movement, displaced homes and food shortages, to name a few. Under such an environment of fear and instability the people remain confused and distressed. They are not in a fit state to find solutions to any type of problem. Durable and meaningful solutions to any grievances can only be found in an atmosphere of normalcy in which at least the people are free to travel in and out of any part of the country and are able to re-establish their lost homes. Therefore the people are not capable and ready to give any sensible verdict on any issue in the present situation.

Despite all these constraints there is a rising tide of legitimate dissent against negotiations and devolution of power which must not be suppressed by the abuse of government power.

We as a group of non-political organisations representative of a large section of the people of this country demand that :

(a) the government place a ban on the misleading activities of the peace callers and take a firm decision to abandon all ideas of negotiations with the terrorists;

(b) proposals or discussions on devolution of power be suspended forthwith,

(c) a meaningful military strategy for the proper pursuit of this war, free of political or other extraneous considerations but with the sole objective of defeating the terrorists, be worked out by competent military personnel and put into operation, and that the people be called upon to make certain sacrifices in order to give top priority to secure the necessary resources "A nation has no right for the country if they cannot defend it."

(d) all attempts or activities of groups and organisations which will in any way directly or indirectly adversely affect the war effort or demoralise the armed forces or be counter-productive to the military recruitment drive be banned by regulations;

(e) ways and means be established to build up the morale of the military personnel and their families and to make the recruitment drive fully effective with tangible incentives for new recruits and those serving; and

(f) schemes be instituted for further caring of personnel injured in battle and for assisting families of serving military personnel with their day to day problems at community level.

We are convinced that without victory there is no survival. Therefore we warn those who are attempting to chart a course for peace through negotiations and the devolution of power at this stage, which without doubt will ultimately lead to the disintegration of our country, that we will join with the people to resist such moves by all lawful means utilising the resources at our command.

At the same time we also wish to assure the government that we will give it our fullest support and co-operation for the proper pursuit of this war which though unfortunate is the only logical alternative we are now left with to the problem created by the terrorists and those who have nurtured and support them. We can confidently say that we are in a position and will take all necessary steps to muster popular support for the armed forces in their recruitment drive, in building up the morale of their personnel and their families and caring for those who have been injured in the battlefront, all of which will help the forces considerably to give of their best to the task before them.

Dr. Piyasena Dissanayake, Secretary, National Joint Committee

Clear the President's name

We refer to the report in the Sunday Leader about the proposal to pay Evans International, a U.S. Co., a sum of Rupees 250 million as damages for breach of contract by the Government owing to its failure to issue a government guarantee. It was reported earlier by the same newspaper that the President of this company, one Nelson Bean had stated that in their dealings with the Government of this country they had experienced dishonest practices from the President down to the Administration. They are also reported to have made such representations to the U.S. Secretary of State Madeleine Albright as well, according to the same newspaper.

To-date, neither the President nor the Government has denied or rebutted the newspaper report. Nor has the President of the company retracted.

The people of our country have always believed that the incumbent leader, whether it be President or Prime Minister were completely above aboard, although this perception was undermined in the period of President Premadasa .Our people believe in charismatic leaders who even in power are uncompromisingly honest, unlike in the western democracies where people have the perception that power always corrupts and checks and balances are absolutely essential. As Alexander Hamilton, one of the Founding Fathers of the American Constitution said: if men are angels no government is necessary, if men are governed by angels no checks-and balances are necessary. But as men are not angels they instituted checks an balances.

It is of the utmost importance that the President's name be cleared of allegations of 'dishonesty.'

We therefore call upon the President to table before Parliament all papers relating to the Evans International transaction. We also request her to arrange for a Parliamentary Select Committee to study such papers and report back to Parliament. We are aware that the President cannot be questioned in Parliament. This is a hangover from the Westminster Parliamentary system, where the President is the non- Executive Head of State and not the Head of the Government. We see how this rule does not operate in U.S.A or France which follow a presidential form of government.

A Select Committee should report whether the government is liable for breach of contract and whether there was any basis for the allegation by the President of Evans International about dishonest practices.

We feel that members of the Coalition partners of the P.A Government and not only the Opposition have a duty by the people to investigate fully these allegations in the interests of the good name of the President and the country.

Stanley Jayaweera., R. M. B. Senanayake, CA Mettananda, Stanley Gunaratne
Members of Avadhi Lanka

Anwar Ibrahim's trial and beyond

By Dr. Stanley Kalpage
The trial of Anwar Ibrahim, which began on November, 2 is proceeding at the Kuala Lumpur High Court in the Sultan Abdul Samad Building. Anwar is being formally charged with five counts of corruption and five counts of unnatural sex. The corruption charges deal with his alleged abuse of power while in office. Anwar has denied any wrong-doing calling the charges part of a high-level conspiracy to ruin his political career.

Anwar was dismissed as deputy prime minister and finance minister on 2 September and arrested 18 days later after leading 30,000 anti-government protesters through the streets of the capital and Merdeka (Freedom) Square.

The corruption charges carry a maximum 14-year jail sentence, plus a fine of 20,000 ringgit (about US$ 5,263 at the current exchange rate). The maximum penalty for sodomy is 20 years in jail and a mandatory whipping. Conviction on any count (with at least one year's jail or a 2,000 ringgit fine) would bar Anwar from political activity for five years.

The current trial focuses on four of the corruption charges. The other six charges will be dealt with in later phases of the trial. Details are given in the indictment of five specific charges of sodomy. The attorney general has stated that Anwar will be indicted later on additional charges of sexual impropriety with a businessman friend, S. Nallakaruppan also in custody.

A single presiding judge
Chief Justice Chin had said that the largest courtroom in the capital's courthouse would be used for the trial. But the room can hold no more than 50 members of the public, meaning that many people are being barred from entering.

There is no jury system in Malaysia. The single presiding judge is Justice Sinnappa Augustine Paul, one of the newest members of the Kuala Lumpur High Court, known for having a meticulous and independent legal mind.

If Anwar is found guilty, he could appeal to the Court of Appeal against the conviction or the sentence, or both. The prosecution could appeal if he were acquitted. An appeal at the Court of Appeal would be heard by a three-judge panel.

After the Court of Appeal, the losing party could turn to the Federal Court, the highest court in the country, where at least three judges would hear the case. Beyond the Federal Court there is no appeal, but a convicted person could ask the Pardons Board for a full pardon from the King.

Prosecution and defence teams
Two high-powered prosecution and defence teams are battling it out in what has been described as "Malaysia's trial of the century". Abdul Gani Pattail, one of the best prosecutors the government has, leads the prosecution. He is also Commissioner of Law Revision, examining laws for the Attorney-General's office.

Anwar's eight - member defence team consists of some of the best legal brains in the country and is led by Raja Aziz Addruse a former President of the Malaysian Bar Council. The team includes Christopher Fernando, an ex-judge and one of Malaysia's top criminal lawyers.

Preliminary skirmishes
The decision over the court language sparked a spirited debate. Judge Augustine ruled in October that the trial would be held in English to facilitate coverage by international news organisations. The ruling sparked a storm of protest.

Chief Justice Eusoff Chin later said Malaysian law required that the trial be conducted in Bahasa Malaysia Anwar's defence, which wants the case held in English, accused Chin of interfering in the trial. Augustine compromised that lawyers could still conduct the trial at least partly in English.

Several human rights groups including Amnesty International were planning to send observers despite prime minister Mahathir Mohamad's statement that international observers would not necessarily be allowed into the courtroom. The presiding judge dealt a setback to the sacked finance minister when he denied observer status to international observers and the local bar council.

The prosecution's case
The trial has been proceeding at a slow - almost glacial - pace with the prosecution and defence scrutinising every little detail. It is likely to last several months. One of the witnesses who will be called to the witness box will be Prime Minister Mahathir Mohamad.

The backbone of the prosecution's case against Anwar depends on the depositions of Ummi Hafilda Ali, the sister of Anwar's former secretary and Azizan Abu Bakar, one time chauffeur for Anwar's wife. Azinan described his experiences as a "homosexual slave of Anwar" Sodomy is a crime in Malaysia, a predominantly Muslim country. Ummi Hafilda has separately accused Anwar of having sex with her brother's wife.

The first and second charges in the indictment deal with Anwar's alleged abuse of power, as deputy prime minister and finance minister, to cause the police to forcibly extract a written confession from Azizan Abu Bakar on Aug. 18, 1997, denying he had been sodomized by Anwar. Further, that he caused the police to force Azizan Abu Bakar on Aug. 27, 1997, to make a written statement denying that he had been sodomized.

Contradictions
Azizan startled the court by agreeing with the defence assertion that he had continued to visit Anwar and his family at their home because he had not in fact been sodomised by Anwar. The defence team then sought to have the chauffeur's earlier testimony rejected. The judge at first allowed the application but later rejected the defence motion.

Azizan was brought back to the courtroom and said that he had misunderstood the question put to him by the defence. He then repeated his earlier testimony and even went on to allege further sexual deviations in which Anwar and his adopted brother Sukma Dharmawan had been engaged in. The defence team is expected to bring its own witnesses to testify against Azizan to try to prove that he lied about being sodomized by Anwar.

Tempers flared in court when defence lawyer Christopher Fernando repeatedly asked witness Azizan Abu Bakar to explain his contradictory answers about why he waited five years to make public his accusations that Anwar had sodomized him in 1992.

Azizan replied that Ummi Hafilda Ali had persuaded him to make the allegations public in 1997. He testified that he had never considered publicising his alleged sex with Anwar until he met Ummi. During questioning, however he said he had planned to do so earlier.

Defence counsel Christopher Fernando accused Azizan of "lying brazenly" to the court. Azizan insisted he was not lying. Said Azinan:" As a Muslim it would be apostasy for me to fictionalise my account and permit a leader who is a sodomizer to become a prime minister."

The next general election
Top office-bearers in UMNO, the main party in the governing coalition, concede that they still face an uphill task against the opposition in the next general election - not due until April 2000 but likely to be called in June 1999. Some analysts say that one way Mahathir could improve UMNO's chances would be

See page 10 campaign as a retiring leader and win some sympathy votes. For that to happen, Mahathir needs a deputy, a position that has remained vacant since Anwar's ouster. Whoever secures that post is in line to be the heir apparent. The stakes are high, and the race is already on.

The main contenders to the party's deputy president position, which also brings with it the deputy prime minister's job, are former finance minister and one time UMNO exile. Tengku Razaleigh Hamzah, education minister Najib Tun Razak and foreign minister Abdullah Badawi.

Each has his own strengths and weaknesses, Razaleigh is strong in his wealth and connections and his campaign will not fail for lack of funds. Najib boasts an excellent grassroots network; and will probably emerge with the most nominations, though that doesn't necessarily translate into a winning lead in the actual election. Soft-spoken Badawi, who is favoured by Mahathir, may well end up with the fewest nominations, but he could still perform well if he exploits his rivals' weaknesses. But his close alignment with Mahathir, whose popularity within UMNO is ebbing, may be as much a minus as a plus.

That is probably one reason Mahathir did not simply appoint Badawi as deputy PM earlier. Doing so would have virtually killed off Badawi's candidacy for premiership. Others see it differently. One UMNO leader comments: "Malayasians have had nearly two decades of Mahathir. For the next 10 years we need someone who is calm, quiet, maybe even a little dull. Someone who is the complete opposite of Mahathir." If that is the case, Badawi is thought to fit the bill perfectly.

So far, the police have managed to keep the street demonstrators at bay and prevent things from spinning out of control. But for the government, the real battle may just be beginning - the fight to retain its credibility and legitimacy.

Mahathir himself has acknowledged that a guilty verdict may turn out to be a Pyrrhic victory. He has said. "If Anwar is found not guilty, then he lose. If he is convicted, we also lose because we will be accused (of rigging the trial)" Mahathir has to make sure the trial of Anwar is seen as fair and free from political influence. As Anwar's trial proceeds under the watchful eyes of the world, it is not only Anwar but also the Malaysian nation that is in the dock.

Southern development fiasco

It is not at tall surprising to hear what President Chandrika Bandaranaike Kumarathunga has said about the pathetic performance of the Southern Development Authority.

The following is what she said as reported in 'The Island' front page of 13.11.98: "To help the masses of Hambantota District I created the Southern Development Authority. But later I came to realise that those appointed to it had ruined it and lot of money had been wasted for doing nothing. They fail to account for the colossal amount of money spent by them. So I had to send 90% of the SDA staff home and now I have appointed another batch comprising those who are not from Colombo. I have instructed them not to invite me for laying any foundation stone till the projects are completed."

Prime requisites
The President says that Southern Development is given top priority. But can any worthwhile development take place in the absence of the two primary requisites for development namely water and power? I have been pointing out how essential these two requisites are since 1986. One of my first articles on this subject titled "short sighted water resources planning - choice between lights for Colombo and water for dry South" appeared in 'The Island' on 17 August 1986. On this subject I have read papers at seminars and many articles have appeared in the newspapers and in the journal of the Institution of Engineers. But sadly there has been no response whatsoever. Throughout I have been stressing on implementing the Kalu Ganga Diversion to the South East Dry Zone (SEDZ) plan prepared by Tippetts Abbett McCarthy Stratton (TAMS) New York and the coal power plant to Mawella in the South.

Once those two projects are executed, automatically development will take place. No Southern Development authorities are necessary. It is certain no real headway can be made without these two projects for water and power. At present the approach to these two requirements is to set up desalination plants for water and diesel sets for power. This kind of costly misfits for water and power are practised in desert countries in the Arab World while Sri Lanka is not such a desert country. It is a lush tropical island receiving monsoon rains.

When India attained independence the first massive project her Prime Minister Nehru went in for was the gigantic Bakhara Nangal hydro electric project in Punjab, a dynamic undeveloped region. When the World Bank was approached for project funding, the question raised was what that region in India would do with all the large power source. The Indians said that they would have a nitrogenous fertilizer plant using the electricity generated. The project was funded and the fertilizer plant was also constructed. The presence of the massive power plant gave rise to the industrialisation of the region. After a few years the fertilizer plant had to be scrapped as all the electricity had to be diverted to industrial projects. Besides nitrogenous fertilizer manufacture with electricity is not all that economical. The lesson to learn here is it is the availability of plentiful supplies of water and electricity which contributed to the industrialisation of the Punjab region.

Pundit Nehru called these development projects - large dams and reservoirs and large power plants - "temples of God". But today the foreign funded environmentalists loudly and falsely present these projects as monsters amounting to 'temples of Satan' and they should not be allowed anywhere in Sri Lanka.

Shallow plans
When speaking about the development of the South East Dry Zone to alleviate poverty in that region from where two deadly insurgencies originated, only shallow plans have been prepared by the Southern Development Authority for the following projects - Colombo/Matara express way, International Airport, Galle Harbour development, International harbour at Hambantota, a large urban and industrial development complex at Hambantota. But is it not really very strange that all these much publicised projects are being talked about without any provision being made for an adequate water supply and a sound power supply - the two vital requirements for any development. Probably what are prepared are architectural pictures, not engineering plans. That is why the development process is at a stand still. This is what is called 'building castles in the air.'

One of the main mandates the People's Alliance received to form the Government in 1994 was the development of the South East Dry Zone, which had been badly neglected over the years. On this issue the PA received 100% support from the southern districts. No sooner it assumed power the Southern Development Authority was established and it was allowed to select its staff with lavish remunerations, new cars and a luxury office with all modern office facilities in Colombo. Now 4 years have passed but as the President states a lot of money has been wasted for doing absolutely nothing - what a shame! The government has only 2 more years to go.

Appeal
At this hopeless situation my earnest appeal to the President who is keen to fulfil the mandate she has received is firstly to give all priority to set up the Mawella Coal Power Plant. When it was studied by an Anglo/Japanese Consortium the Governments of the UK and Japan were interested in assisting Sri Lanka to set up this power plant. Work on the project was sabotaged by the diesel lobby and foreign funded environmentalists. In this context reference could be made to the article "Beware the Eco-terrorists" in the Sunday Island 15.11.1998.

Let the President seek Government to Government assistance from the UK and Japan. If this path is followed the project at Mawella which is a straigh- forward one can be executed in 3 years. I sincerely and strongly advise that the country should not proceed with the Norochcholai coal power plant proposal. It is just courting disaster to have such a large power plant with a 4 Km long coal unloading jetty in the Kalpitiya sea, left at the mercy of suicide bombers.

It is true that there were protests from Mawella against the project. They were indoctrinated by the deliberate lies put out by the foreign funded environmentalists. It is the duty of the political authorities to expose their lies to the people. Let them know that this is the most appropriate project to be undertaken to provide a meaningful start for the development of their region. Let the politicians who were elected by the people warn them not to be deceived by these foreign funded environmentalists whose mission is to bring meaningful development to a grinding halt.

I doubt whether any of our globe trotting politicians has cared to see a coal power plant. They could then tell the people that all that - the anti - coal lobbies say about coal power are lies. When the politicians remain mum how can any progress on this project be made. Sri Lankans must be bold enough and patriotic enough to think for themselves and promote national development.

Water
Along with the execution of Mawella Coal power, a concerted effort should be made for the diversion of the Kalu Ganga to the Hambantota district. It is good news that on a request made by the Minister of Irrigation and Power Gen. Anuruddha Ratwatte to the Government of China, a Chinese team of engineers is expected to make a feasibility study of this project.

In this connection it is necessary to point out that a World Bank funded water resources study of Kalu Ganga was done by TAMS New York during the period 1984 - 1987. In this study much weight was given to the diversion. But in the absence of coal power the CEB authorities pressed for the Kukule hydro power project instead of the diversion against the advice given by the two local consultants to the CEB Mr. A. C. H. Pereira and me.

In this plan all the Kukule (a tributary of Kalu Ganga) water after producing only little power of not much value is sent to the sea. It is from here the diversion should have started. The Kukule project is only capable of producing about 200 million units, and will cost about Rs. 15 billion whereas a 300 MW coal power plant capable of producing 1800 million units will cost about Rs. 25 billion.

Here you see the irrevocable damage that is being done. The then Minister of Power and Energy P. Dayaratne too greatly favoured the diversion of the Kalu Ganga to the dry South East to encourage the development of agricultural and farming settlements. Precious water in arid regions must be first utilised for human needs. Power can be generated with other sources.

E. Carlo Fernando

Open letter to the President
The assault of a television news reporter

Your Excellency,

I am writing this letter on Christmas day, after reading the judgment of three Judges of the Supreme Court published in the Daily News today. They have established three "serious violations" of the fundamental rights of Sumith Jayantha Dias, a news reporter of the state owned ITN Television Network Ltd. and have awarded Rs. 1 50,000 as compensation and cost to the petitioner Dias. The 1st respondent, Reggie Ranatunga, your Deputy Minister of Transport, Environment and Women's Affairs is asked to pay one third of this amount. He was not present in court to hear the verdict.

I have thought of bringing this matter to your notice publicly because it is an insult to your style of governance and there are several grounds for outrageous protest.

* Dias was doing his job as a news reporter, filming a burning lorry by a mob on the highway when Reggie Ranatunga [RR] arrived in an unmarked vehicle with others, got down from the front seat, and assuming that the man was filming him, put in motion a cataclysm of illegal events.

* Dias was brutally assaulted on the spot by several persons with the tacit approval of RR.

* RR then went to the police station, sat in the chair of the Officer in Charge and ostensibly directed official proceedings.

* Under his patronage and protection, police officers then further assaulted Dias for complaining.

* Two main companions of RR, respondents in the case, were absent in court and unrepresented by counsel as was RR when judgement was delivered.

* I recollect vividly the aftermath television news where RR took center stage to exculpate himself.

* He publicly defamed Dias by showing a medical report he had no right to possess, which certified (falsely) that Dias was under the influence of liquor when filming.

* Dias was said to have been mistaken for a photographer of a private television station and beaten up, as if that sort of thing is legal!

* Throughout the harrowing experience, Dias, though he vainly established his identity, in the best traditions of the public service, protected the enormously valuable delicate cameras and equipment.

* The compensation awarded is grossly inadequate when compared to the millions claimed by some of your colleagues.

* So far as I know, disciplinary action has not been taken against RR and other politicians involved.

I remember many incidents when public servants were assaulted. The most memorable is when the MP for Badulla assaulted an officer of the Department of Education and he was garlanded for doing it! The practice became more or less habitual until President J. R. Jayewardene made it a non-bailable offence. Once, the Chief Medical Officer of the OPD:) of the Lady Ridgeway hospital was slapped by a hospital labourer. I was then Superintendent of the Colombo Group of Hospitals and promptly got the man remanded without bail. The minor staff went on strike demanding that he is released on bail but I refused to intervene. After about two days, when the strike had spread to other hospitals, I got approval to sack everyone - about 300 laborers. When notices of vacation of post were ready to be served, they all came back to work and the law eventually ran its course.

It is perhaps too much to expect your Deputy Minister to resign. That sort of honour is dead. You have to begin again and win the respect of the public and the public service. I met you last about 25 years ago when you came with your sister to ask for some cholera vaccine for the boys, girls and staff of the Youth Farm at Angunukolapalessa. You have not changed and I am confident you will do what is right.

Dr. Kingsley Heendeniya,
Nugegoda.

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