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L E G A L W A T C H
Devolved dictatorship or democratic integration?

by Nayana
Barely a week after the Government announced its intention of placing its constitutional package before Parliament, one of the Government’s closest associates in the preparation of that package, Dr. Neelan Tiruchelvam, was killed by a suicide bomber in Colombo 7.

Although the culprits have yet to be identified, the only group operating in this country which has so far demonstrated a capability for suicide bombings is the LTTE. It also has a history of systematically assassinating Tamil politicians of other parties.

This incident is one more illustration of the futility of trying to resolve this country’s internal conflict with constitutional reforms before the principal threat to constitutional government in this country, namely the LTTE, is neutralised.

As recent events in Northern Ireland have demonstrated, ultimately the achievement of peace depends not on the willingness of reasonable people to talk, but on the willingness of the militants to lay down their arms. This appears to have been better understood in Bangladesh where one has seen a significant surrender of weapons by rebel forces as part of their agreement with the Government. Unfortunately, those steeped in international human rights ideology are accustomed to seeing Third World countries not as teachers but as those who need to be taught, and thus little publicity is given to Third World success stories in this regard unless First World countries have been allowed to play a major role..

Parallel with the Government’s constitutional moves,, various eminent persons in the political, academic,, religious and commercial world have, with increasing frequency,, been urging the Government to ‘talk to the Tigers’.". One "‘peace’" organisation even used its condolence message on Dr. Tiruchelvam’s death to bemoan Sri Lanka’s failure to "engage constructively" with the LTTE.

The favourite scenario, originated by British Member of Parliament Liam Fox, is that the PA and the UNP should first agree on a constitutional package and then put it to the LTTE. Presumably the LTTE will then be given an opportunity to suggest its own modifications.

Two observations need to be made about this idea. Firstly, it is questionable on grounds of constitutional principles. The PA and the UNP, whose members are drawn from all communities, together won nearly ninety per cent of the seats in the present Parliament elected on proportional representation. The Fox principle requires that once these two national parties have agreed on what is best for this country, they must then be prepared to modify it in order to appease a party that has never contested an election and has systematically killed off elected politicians of the very community it claims to represent.

Secondly, Mr. Fox was cynically asking the Sri Lankan Government to do what he must have known the British Government would never do, namely to talk directly to a terrorist organization about how the country should be governed. Even over Northern Ireland, the British Government did not talk directly to the IRA or the militant Protestant groups. The first step towards a negotiated settlement took the form of an election to a Northern Ireland Forum from which delegates would participate in multi-party talks. Thus the members of Sinn Fein and all the other groups who participated in those talks were elected by the people of Northern Ireland in a free vote.

Thus the principle was recognized that no group that was not prepared to submit itself to the electoral process would be allowed to have any say in discussions about the future government of the Province.

The old view that "one man’s terrorist is another man’s freedom fighter" no longer holds true today. In fact, as pointed out by Dr. Rohan Perera in his book on "International Terrorism" published in 1997, even the pre-World War II League of Nations had sought to achieve an internationally acceptable definition of acts of terrorism as "criminal acts directed against a state and intended or calculated to create a state of terror in the minds of particular persons, or a group of persons, or the general public".

This definition took in the main elements which have now been recognized as the common features of all terrorist activity, namely that it involves criminal acts, that such acts are directed against the state as distinct from crimes for private profit, and that they are designed to have the effect not simply of destroying a particular target but inspiring terror in the minds of a larger group of persons..

Western Europe became the first region to draft its own anti-terrorist treaty in the form of the European Convention on the Suppression of Terrorism in 1977. It prescribes a list of offences including the use of bombs, grenades, rockets, automatic firearms and letter or parcel bombs which would not be excused as "political" irrespective of the motive of the perpetrators.

The South Asian nations followed in 1988 with the SAARC Regional Convention on Suppression of Terrorism. Under this Convention, which all the SAARC nations have ratified, the list of offences regarded as non-political is wider than the European list and includes such criminal acts as murder, manslaughter, and assault causing bodily harm, which are listed separately from the use of devices which produce indiscriminate violence which form another category.

This development, however, will be of little practical benefit to Sri Lanka if the Government’s proposed constitutional arrangements governing the Police are implemented. As pointed out in this column when the draft was first published, regional police powers will be such as to virtually negate the powers of the central government to investigate serious crime within a Region. That, coupled with the Regional Minister’s control over the Regional Police, makes it very likely that political overtones will pervade the investigation of crime within a region and the perpetrators of terrorist crimes as defined above will be able to take refuge in any Region that has a politically sympathetic government.

Furthermore, a Government that is already complaining about the expenditure it has to bear for the war effort, will find that the proposed financial arrangements between the centre and the regions under the new constitution are likely to leave it with even less money. As previously pointed out in this column (23.11.97 - "Symmetrical devolution minus capital territory") the regional councils will receive not only the money they collect in respect of the sixty odd subjects on the regional list, but also a significant share of revenue collected by the centre by way of excise duty and wholesale and retail taxes.

In addition, regional councils will be able to obtain direct foreign financial assistance (subject, in theory, to such criteria and limitations as the central government may prescribe) which is likely to dilute the amount of foreign financial assistance coming directly to the central government.

As if this was not enough, the central government may allocate money from the Consolidated Fund to assist the various regions but the regions are not required to contribute any portion of their earnings towards central government functions from which their inhabitants benefit, such as defence,, the national universities, the railway system and inter-regional irrigation schemes.

This brings us to another significant point about the Government’s constitutional draft, namely that the entire flow of power and money is outwards, i.e. from the centre to the regions, with no corresponding provisions for national integration or any obligation on the regions to contribute towards the maintenance of non-devolved services or institutions.. Even the concurrent list of subjects, which presently obliges centre and province to work together on certain matters, is done away with in the new draft.

(To be continued)

The Week That Was
Death of a Democrat

by Shan Wijetunga
In the 70s and 80s the Tamil United Liberation Front (TULF) was in the forefront in the struggle to win the demands of the Tamil population.

But in the late 80’s the LTTE overtook the TULF as the leading Tamil political force.

At first the TULF and the LTTE enjoyed friendly terms but this friendship did not last long as they believed in contradictory political ideologies, the TULF dedicated to democracy and the LTTE to violence.

The parting of the ways of these two formidable Tamil political forces led to the assassination of some well known and leading advocates of democracy among the Tamil leaders.

The LTTE cadres killed Mr. A. Amirthalingam, the leader of the TULF and many other TULFers including MPs K. Yogeswaran, Sam Tambimuttu, Arunachalam Thangathurai and on Thursday Neelan Tiruchelvam the distinguished academic well known and respected here and abroad.

Dr. Tiruchelvam was killed in a bomb blast by a suicide bomber of the LTTE in Kynsey Road, Borella.

Dr. Tiruchelvam a popular figure among politicians as well as professionals was the first Sri Lankan to obtain a doctorate from the Harvard University in America. He was dedicated to democratic ideals and was involved in the political devolution proposals of the government.

He was known to have put forward proposals to amend the Constitution of Sri Lanka.

The Tamil political parties had wanted the government to introduce the constitutional reforms before parliament by the end of August this year. The government had promised that early action would be taken to bring in constitutional reforms for approval by the parliament. It was at this stage that Dr. Tiruchelvam was killed by the Tiger suicide bomber on Thursday.

The LTTE was opposed to the political package and targeted the leading political figures supporting it for assassination.

Dr. Tiruchelvam returned to Sri Lanka 11 days before his assassination after holidaying in Italy. He was offered a top academic post at the Harvard University in America but was undecided whether to accept that post giving up his parliamentary membership.

He had discussed this problem with several politicians and to have met Opposition Leader Ranil Wickremesinghe next Friday to seek his views on the subject but it was not to be as he was assassinated on Thursday.

PA’s Executive Committee

The PA’s Executive Committee met last Thursday at ‘Temple Trees’.

The Communist Party was represented by General Secretary, Raja Collure and Indika Gunawardena, the Samajawadhi Mahajana Party by Bharatha Lakshman, M. Izzeth and B. Navaratne, the Lanka Sama Samaja Party in the absence of its leader, Batty Weerakoon who is abroad by representatives led by Wimalasiri de Mel and Prof. Tissa Vitharana.

Among the Sri Lanka Freedom Party members were Ministers D. M. Jayaratne, Dharmasiri Senanayake, Mangala Samaraweera, S. B. Dissanayake, Kingsley Wickramaratne and Richard Pathirana chaired by President Chandrika Kumaratunga Bandaranaike.

Constitutional reforms were discussed and the left parties wanted the executive presidency abolished without any further delay in the interests of the government. They insisted that all amendments to the constitution including the abolition of the executive presidency should be brought before the parliament before end August.

When the President and the ministers spoke of the difficulty of obtaining the two third majority in parliament to approve such amendments to the constitution it was agreed to convene a special meeting of the Executive Committee to decide the issue.

The left parties also complained of the step-motherly treatment meted to them and referred to ignoring their members in giving deputy ministerial posts.

The President and the ministers admitted certain injustice had been caused to the left parties and promised to make amends. It was also decided to record this decision in the ministers of the meeting of the Executive Committee.

The Channel Nine question was then taken up for discussion. The President explained in detail giving facts and figures on the Channel Nine issue and stated that the UNP made unfounded allegations with the intent of slinging mud at her and the government.

Finally she stressed that if further discussions on this subject was needed she would provide occasions for such discussions. As no further explanations were necessary the matter ended there.

Though there were several other subjects to be discussed as the time was as 1.30 a.m. the meeting was postponed.

Protest campaigns

UNP parliamentarians met last Friday afternoon at the Jathika Sevaka Sangamaya headquarters to formulate the party manifesto and to plan the holding of protest rallies.

UNP leader Ranil Wickremesinghe presided.

The decision to collect information from the general public of their views on the party’s questionnaire was discussed.

The questionnaire is to be distributed among the public at district level seeking their views on vital matters affecting the people and their views studied by the party before formulating its election manifesto.

On the question of the Channel Nine issue Ranil Wickremesinghe informed them that he was in possession of a cassette containing the voice of President’s Media Consultant, Sanath Gunatilake pertaining to the Channel Nine issue and that copies of this cassette be made and distributed among the people in the electorates to educate them on the subject.

The party will hold protest rallies on August 16, the day the government completes five years in office.

MP, D. M. Bandaranaike proposed that 100 protest rallies islandwide be held to mark the completion of five years by the government.

Lakshman Yapa Abeyawardana proposed that one hour demonstrations be held at district level.

Sarath Ranawake supported Yapa Abeyawardena and suggested that the district level demonstrations should be accompanied by rallies.

Dr. Karunasena Kodituwakku reiterated that whatever the form of protest they should be done in a disciplined manner.

Finally, Ranil said a programme of action would be formulated in keeping with the proposals of the members.

MPs charged in courts
The Opposition leader, learnt that several of his party members who participated in the protest rallies had been charged in courts by the police.

Police was said to have filed ‘B’ reports in the Magistrate Courts in Colombo against M. S. Adikari, Gamini Lokuge, Premaratne Gunasekera, Karu Jayasuriya, Premasiri Perera, W. Santhiyagopillai, Almond Peiris, Nanda Mathew, Susil Munasinghe, Upatissa Perera and M. H. Mohamed for participating in protest rallies contravening the Police Code, participating in protest rallies under the influence of liquor and causing grievous hurt to police officers by assaulting.

Mr. Wickremesinghe summoned the respective members to Cambridge Place last Wednesday to provide with legal assistance.

Attorneys Thilak Marapone, Vernon Gunatilake, Nalin Ladduwahetti and Daya Pelpola were present to provide legal assistance.

Forum on ethnic conflict

Minister of Justice and Constitutional Affairs Prof. G. L. Peiris, Karu Jayasuriya, President UNP, Omar Kamil, Mayor, Colombo and Susil Premajayanth, Western Provincial Chief Minister left to Nepal to attend a forum on ways to end the ethnic conflict.

The peace package is flawed

Mr. B. Sirisena Cooray, Chairman, The Premadasa Centre, released the "People's Plan for National Development' - draft proposal last week. The following is an extract from that publication.

The proposed devolution package of the Peoples Alliance government is the latest in a long series of attempts by successive, Sri Lankan governments to find a political solution to the North East problem. However, it has now become clear that the package is destined to fail.

The proposed devolution package has two main deficiencies - one at the level of formulation, and the other at the level of implementation. At the level of formulation it is flawed because it envisages the effective liquidation of the unitary state system thereby severely limiting if not completely destroying the ability of the state to contribute to the protection of the country, the development of the economy and the socio-economic advancement of the people.

At the practical level it is flawed because it lacks the most important precondition without which it can never be successfully implemented; namely the support of the people. It is now quite clear that the devolution package is not supported by either a majority of the majority community or by a majority of the minority community. It has ended in a three way deadlock. The two major Sinhala parties, the UNP and SLFP are in a deadlock over its contents. Without this deadlock being broken, Tamils would not accept any set of devolution proposals as it does not have the approval of the majority of the community.

The proposed package does not have the endorsement of the single largest political party in the country, the UNP or of a number of other parties such as the MEP and the JVP. It does not have the blessings of the Maha Sanga either.

It also does not have the endorsement of the main belligerent and protagonist to the conflict the LTTE. The combination of these major flaws would mean that the Package should not and cannot be implemented. It is unviable. The task therefore is to come up with an alternative, an alternative which avoids the errors embedded in the Package.

All previous attempts at devolving power failed because all these efforts ignored the needs, fears and aspirations of either the majority Sinhalese or the majority Tamils. Initially, the error was one of insensitivity to the needs, aspirations and fears of the Tamil minority. Today, however that error must not be compounded with a swing to the other extreme, ignoring the needs, aspirations and fears of the Sinhala people. If a solution which ignores this critical factor is sought to be implemented, even if it temporarily appears successful in pacifying the North and East, it will cause a conflagration in the rest of the country - a conflagration which ( as in the 1987 - 1989 period) can endanger the democratic system itself.

Any attempt to introduce a new constitution unilaterally, will create further schism in society; it will further polarize the already divided people in this country. Therefore, such attempts will inevitably result in the further weakening of the country. Twice, once in 1972 and once in 1978, new constitutions were introduced which were not accepted by all the people (not even all the Sinhala people). Therefore, both these constitutions contributed to the widening the already existing divisions and causing further dissensions. The current attempt at introducing a new constitution may well turn out to be a similar exercice in disunity. Therefore, it should be reconsidered or at least deferred.

All the potential in the 13th Amendment has not been fully explored and exploited. That should be the first step - stretch 13th Amendment to the outer limit.

What is needed is a compromise, a balance between the Sinhala and Tamil needs, aspirations and fears. A solution which does not discard what is positive in the prevailing system but builds on them; a solution which safeguards the security and promotes the well-being of all the people of this country, a solution which will enable every citizen of this country, what ever community he or she belongs to, the with self respect .

The question here is whether it is possible to come up with such a compromise formula which can satisfy all the communities who live in this country ? The answer is Yes. All previous attempts at finding a solution to this problem failed because of the errors of extremism and unilateralism. Earlier there were attempts to impose Sinhala oriented solutions on a reluctant and resentful Tamil populace. Now the attempt is to impose a Tamil oriented solution on a reluctant and resentful Sinhala populace. It is necessary to avoid both extremes - and once that is done essential precondition for a scientific compromise formula is created.

The Proposal

The two main features of the proposed formula are as follows:

A) The proposed formula will be located and therefore implementable within the parameters of the 13th Amendment i.e. within the current Constitution.

B 1) The merger of the Northern Province and the Eastern province as they are constituted now (i.e. without any re-demarcation of boundaries) is a major demand of the Tamil minority. Therefore, any realistic attempt at solving the current impasse cannot be ignored either. Therefore, the most appropriate solution will be the linking - as distinct from merger - through the setting up of an apex body.

2) Any two or more geographically contiguous provinces will have the right to a form of linkage by means of setting up of an apex body.

3) The Northern Province and the Eastern Province (like all the provinces in the country) will have a provincial council each elected separately by the people in the two provinces.

4) Once the two provincial councils are elected an apex body or Assembly will be established consisting of representatives of both the Northern province and the Eastern province.

The composition of the apex body would-be as follows:

1. It will consist of an equal number of members from each of the two Provinces councils.

ii. The members would reflect the ethnic composition of the two provinces.

iii. Within these parameters the members will be elected at a secret ballot by councillors of the two provincial councils from among themselves.

iv. The two Chief Ministers and the two Governors will be ex-officio members of the apex body.

5. The apex body would be accountable to the two provincial councils and to the Parliament with supreme and ultimate legislative authority.

6. Unanimity is to be arrived on the powers to be transferred to the apex body.

7. Each council will have the right to leave the apex body with the consent of a two thirds of the council members as expressed in a secret ballot.

8. Land - All state land is the patrimony of all the people of Sri Lanka and shall be considered as such. All provinces should be asked to prepare a comprehensive development plan which will include inter alia their detailed land requirements. The alienation of state land to the provinces should take place on this basis. The provinces should have the right to forward any land requirements to the government as and when necessary. If land so allocated is to be used for a different purpose then fresh approval will be required from the apex body to use the land for the altered purpose.

Sri Lanka is a multi-ethnic, multi-religious, multi-cultural society. Pluralism and the principle of equality of all should be recognised and upheld, and racism, chauvinism and discrimination should not be tolerated. The country should be guided by the striving for ‘unity in diversity’ tempered by the protection of ‘diversity in unity’.

Alienation

The rifts and the alienation that exists between the various communities in our country are a major obstacle to our progress. This state of alienation has to be overcome if all communities are to be able to contribute to the country’s economic, social and cultural development. Without the pooling of the diverse abilities, strengths, and resources of all communities this country will be unable to meet the severe challenges of the 21st Century. With the harnessing and harmonising of these diverse strengths, these challenges can be overcome, the opportunities offered by the world in the new century exploited fully and we can become strong, successful competitors in this fast evolving and changing world.

In the most problematic areas of state policy such as Inter-ethnic relations and economic development, the country should be guided by one absolutely fundamental principle, namely that the Lankan state shall be ‘a state of the whole people’. In other words it should function in the interests not of this or that social or economic group or community but in the interest of all the people; of the entire society. This fundamental principle should be operationalisted by using as the guiding thread the motion of a balance of interests. Thus the state should seek to represent and ensure the interest of the whole people by striking an optimal balance between the various divergent, competing and often contending interests of the socio-economic groups, ethno-religious communities etc. In sum, a balance of interest of the component parts should be struck so as to guarantee the interest of the whole society and the entire country.

In the sphere of inter-ethnic relations this means that devolution should be enhanced to a degree that ensures a large and genuine measure of autonomy and self rule for the component territorial units of the state - but not to the degree that the state itself is weakened. Autonomy must be enhanced but not to the point that it risks undermining unity, loyalty to the state and a sense of Lankan identity.

Soulbury Commission found
Sri Lankan Tamil claims of discrimination baseless

by Neville Ladduwahetty
International Press reports covering the conflict in Sri Lanka almost always end with a statement such as: "The rebels (LTTE) are fighting for a separate homeland for Sri Lanka’s minority Tamils and are accusing the majority Sinhalese of widespread discrimination in education and jobs". Accusations of discrimination were also made by the Sri Lankan Tamils even before the country gained independence from British colonial rule.

The Sri Lankan Tamils brought charges of discrimination before a Commission headed by Lord Soulbury, appointed by the British Government in 1945 to review Constitutional Reform when Sri Lanka (then known as Ceylon) was still a colony of the British Empire. The Commission devoted an entire chapter in its report to these charges of discrimination. The Sri Lankan Tamils accepted the British as being, in their own words, "neutral". Therefore, the Commission’s conclusions that what the Sri Lankan Tamils perceived as being discriminatory were to a "neutral " observer, attempts to redress years of neglect and injustice perpetrated on the larger Sri Lankan nation, most of whom were Sinhalese, are of particular significance.

Extracts from Chapter 8 of the Soulbury Commission Report, titled "Discrimination", are given below, and illustrate Sri Lankan Tamil perceptions as they existed as far back as 1945. Certain words and statements in the text have been capitalized by me for purposes of emphasis.

Soulbury Commission Report - 1945

Extracts from Chapter 8 - Discrimination

"Discrimination against the Ceylon Tamils arises not so much from legislative as from administrative or executive acts of commission or omission. The community has been filled with grave apprehension by the cumulative effect of the inequitable distribution of public expenditure and the manner of dealing with public appointments".

"... The Ceylon Tamils cited ONLY two instances of legislation - the Buddhist Temporalities ordinance (No. 19 of 1931) and the Anuradhapura Preservation ordinance (No. 34 of 1942)".

The Buddhist Temporalities ordinance, 1931

"... The Ceylon Tamils complain that a total loss of nearly half a million rupees during the

period 1931 to 1943 (the cost of the Public Trustee’s administration) has been incurred by the public revenue, and that, from year to year, the general taxpayer is being compelled to pay for the administration of the temporalities of a section of the population. This is considered by the minority communities to amount to discrimination in favour of Buddhism, the religion of the majority of the Sinhalese."

"Prima facie this contention seems to us to be correct and to afford evidence against the Sinhalese majority in the Council of partiality".

The Anuradhapura Preservation Ordinance, 1942

142. "The purpose of this measure was to preserve the historic city of Anuradhapura and facilitate the development of a new town outside the zone of its archaeological remains... It was severely criticised on the ground that the Tamils and Muslims formed a considerable section of the population of Anuradhapura (about l0,000 in all) and either owned or occupied the greater portion of the land affected by the measure...".

143. "Whether the method adopted by the authors of this measure is the best way of preserving the ruins of Anuradhapura we are unable to say. Our brief visit to this historic city would not qualify us to express an opinion; but we are naturally in sympathy with a measure designed to safeguard the remains of an ancient city of great extent and beauty. We think that we are entitled to assume that the Ministers have given long and careful thought to this proposal, which is in any case in the best interests of Ceylon as a whole, and not to the advantage of any one community; AND WE ARE NOT DISPOSED TO ASCRIBE TO THEM IN THIS MATTER AN INTENTION TO DISCRIMINATE AGAINST ANY SECTION OF THE MINORITIES".

Administrative Actions: Trade and Commerce

146. "It has been the policy of the Government of Ceylon sedulously to foster the co-operative movement in the Island, and as a result of State action this movement has made great strides, particularly since the outbreak of war. There arose at that time widespread profiteering in consumer goods, especially food and clothing, and in order to control the prices of essential commodities and ensure that they reached every citizen the Ceylon Government imposed a state monopoly on imports and encouraged the Co-operative Movement. The great success of this movement has led to an increase in the volume of Government support and to its extension to the remotest parts of the Island".

147. "The All-Ceylon Tamil Congress stated to us that "the practically compulsory nature of the application of this movement over the whole Island at State expense cannot be looked upon without serious misgiving", and deduced from this policy a desire on the part of the Sinhalese to cut out the trade of the Indians and the Europeans. They averred that the Indians had an aptitude for trade which the Sinhalese did not possess, and that the Government was seeking to employ the machinery and finances of the State to benefit the Sinhalese community at the expense of others".

148. "It may well be that the Indians are specially qualified by racial characteristics and habits to become successful traders, and have in that respect an advantage over the Sinhalese; but we think that this is a consideration which should not be allowed to militate against the encouragement by the Government of co-operative trading. It is of course quite intelligible that Indians and other merchants including Sinhalese should regard with anxiety and disfavour the development of this movement - particularly when it is mainly the result of government stimulus. Nevertheless, WE THINK THAT THIS POLICY CANNOT REASONABLY BE CRITICISED ON THE GROUNDS OF COMMUNAL DISCRIMINATION. ON THE CONTRARY, HAVING VI SITED A NUMBER OF THESE CO-OPERATIVE INSTITUTIONS, , WE ARE CONVINCED THAT THEY ARE OF GREAT VALUE, NOT ONLY MATERIALLY BUT EDUCATIONALLY, TO A LARGE PROPORTION OF THE POORER INHABITANTS OF THE ISLAND, TAMIL AS WELL AS SINHALESE... "

Public Expenditure

1 50. "Wherever a minority problem exists, it is in the sphere of public expenditure and in the distribution of public revenue that the minorities are likely to be suspicious and sensitive. The minorities of Ceylon are no exception, and we have been furnished by the All-Ceylon Tamil Congress with data purporting to demonstrate the preference shown by the Government of Ceylon towards the Sinhalese community in the allocation of public revenue and works".

Agriculture

153. "From the beginning of this century up to 1931 about eighteen and a half million rupees were spent by the Government on what is termed "major works construction", i.e. irrigation works maintained by the Government for which land-owners are liable to pay irrigation rates of this amount, over eight million rupees, or NEARLY 50 PER CENT. OF THE TOTAL EXPENDITURE, WERE DEVOTED TO THE TAMIL (Northern and Eastern) PROVINCES. The population of the Northern Province is estimated, as at 30th June, 1944, at about 426,000 and the Eastern Province at about 235,000, making in all about 426,000 or a little more than ONE- TENTH OF THE TOTAL POPULATION OF THE ISLAND".

154. "In 1931, the estimated irrigable area, i.e. the total rate-paying lands plus lands which could be served by irrigation works, was 426,000 acres, of which about 130,000 acres were in the Northern and Eastern Provinces".

1 57. "The question now arises whether these figures can reasonably be held to indicate

discrimination against the Ceylon Tamils. We must here observe that the seriousness of a charge of discrimination based upon differential expenditure per head of the population or upon the acreage of areas benefited by irrigation is extremely difficult to evaluate... But certain facts and arguments have been submitted to us by way of answer to this charge": -

(i) "of the estimated area of the Northern Province for which irrigation facilities have been provided (40,100), only 31,687 acres have been cultivated, leaving a balance of about 8,000 acres for which irrigation exists but which have not yet been brought under cultivation. The comparable figure for the Eastern Province is about 24,000 acres. There is therefore a balance of about 24,000 acres in these two provinces irrigable land capable of cultivation but not cultivated".

"It is possible that one of the reasons for the failure to cultivate the available irrigable area to its full extent is lack of labour due to the requirements of the military authority. But while this area of land remains uncultivated, the Government may feel disinclined to incur expenditure on further development"...

(iv) "ON THE BASIS OF PUBLIC EXPENDITURE PER HEAD OF THE TOTAL POPULATION OF THE ISLAND, THE PEOPLE OF THE NORTHERN AND EASTERN PROVINCES WERE VERY WELL SERVED 1N THE ERA PRIOR TO 1931 AND RECEIVED A GOOD DEAL MORE THAN THEIR PROPORTIONATE SHARE OF THE REVENUE AVAILABLE FOR WORKS OF IRRIGATION; AND THOUGH, SINCE 1931, THEIR SHARE HAS BEEN SUBSTANTIALLY DIMINISHED, IT IS STILL IN EXCESS OF THE PER CAPITA RATIO".

158. "...the fact remains that of an irrigation expenditure of some thirty million rupees between l9O5 and September, 1943, aver ten million rupees have been spent in the Northern and Eastern Provinces, and COMPLAINTS OF SPECIAL FAVOURS SHOWN TO THESE PROVINCES MIGHT WELL HAVE COME FROM OTHER PROVINCES IN THE ISLAND. But the sharp decline in expenditure in the Northern and Eastern Provinces since 1931 has, as might be expected, provoked the charge of discrimination to which we have referred".

l59. "We think that the following is the true explanation. It appears to us that prior to 1931 agricultural policy had been largely based on strictly economic considerations..."

160. "1931, the first year of the State council, coincided with a year of severe financial stringency, and a sub-committee of the Executive Committee of the Ministry of Agriculture and Lands was appointed to consider measures of reorganisation and retrenchment. This sub committee recommended that the principal activities of the Irrigation Department should be directed to the restoration and improvement of the village irrigation works throughout the Island, and that the development of existing major works should be undertaken only to meet the actual demand (as opposed to the possible speculative demand) for irrigable land..."

161. "Within a few years of 1931 a vigorous campaign was started to improve the state of agriculture in the more backward areas, to arrest the drift from the countryside to the towns, and to enable villages to remain on lands which were fast sinking back into the jungle. THAT THE POPULATION OF THESE AREAS WAS MAINLY SINHALESE IS, IN OUR JUDGEMENT, A FACTOR THAT PLAYED LITTLE PART IN THE FORMULATION OF THIS POLICY. Indeed, it was endorsed in the State Council by a LEADING MEMBER OF THE TAMIL CONGRESS, WHO WARMLY EULOGISED THE MINISTER FOR AGRICULTURE AND MADE NO SUGGESTION OF DISCRIMINATION".

162. "Extensive schemes of colonisation and land development were instituted, numerous experimental and demonstration farm established, and a far-reaching programme for the improvement of livestock set in motion...."

164. "In view of the criticisms expressed by representatives of the Northern and Eastern Provinces, we are glad to have been able to see for ourselves a number of these colonies, farming institutions and cattle breeding stations, and to inspect the provisions made for agricultural education and training. It is no part of our duty to report upon the agricultural development of the Island, but we cannot refrain from expressing our admiration for the immense efforts which have been made and the results already achieved, in spite of the lack of staff, plant and material due to the exigencies of war".

165. "The policy which is being pursued is a long-term one. The Ceylon Tamils witnesses have criticised on two grounds": -

(i) "that at a time when the cessation of imports of rice from Burma made the cultivation of homegrown rice exceptionally important, public funds were devoted to schemes which would not materially augment the rice supply for many years".

"We think that this criticism overlooks the fact that the policy was formulated and put into practice some years before the outbreak of war with Japan, and that to have abandoned it and switch over at a moment’s notice to a short-term programme would have been very difficult, if not impossible".

(ii) that, confronted with the alternatives of opening out and developing land in the jungle and settling on it a population moved from other areas, or of extending the cultivation under village irrigation works, the consolidation of areas already developed in the villages and their improvement by intensive methods, the Government was ill-advised in adopting the first alternative and concentrating their efforts on the major works instead of the minor".

"Here again, we think that it has escaped the notice of the critics that it is only since 1931 that appreciable sums of public money have been devoted to village tanks. Before that date, public expenditure on these minor works was relatively small. The amount now spent on the annual maintenance of these works exceeds the annual expenditure upon their construction at the time when the Minister for Agriculture first assumed office".

166. "... BUT THERE IS MUCH TO BE SAID FOR THE ARGUMENT THAT THE RESTORATION OF AGRICULTURE IN THE SINHALESE PROVINCES WAS LONG OVERDUE AND THAT THE GOVERNMENT’S POLICY WAS AN ENDEAVOUR TO MAKE GOOD THE NEGLECT OF PAST GENERATIONS AND TO BASE PUBLIC EXPENDITURE ON THE NEEDS OF THE LOCALITY".

167. "... our own observations and after careful consideration of the whole matter, it would IN OUR OPINION BE WRONG TO CONDEMN THIS PROGRAMME AS DISCRIMINATORY OR TO CENSURE IT AS AN ATTEMPT To FAVOUR THE SINHALESE AT THE EXPENSE OF ANOTHER COMMUNITY..."

Medical Services

171. "It seems to us that in the district of Jaffna the major part of the medical treatment available was provided by voluntary hospitals founded and conducted by the American Missionary Society. It may be that the absence of similar private provision elsewhere accounts for the large proportion of public expenditure on the construction of hospitals, etc., in the rest of the Island, but from the information at our disposal WE ARE UNABLE TO ENDORSE THE CHARGE OF DISCRIMINATION AGAINST THE GOVERNMENT IN THIS REGARD, AND WE SEE NO REASON TO SUPPOSE THAT 1N THE ALLOCATION OF PUBLIC FUNDS TO THESE SERVICES THE GOVERNMENT HAS BEEN ACTUATED BY ANY OTHER CONSIDERATION THAN THE NEEDS OF THE VARIOUS LOCALITIES".

Education

172. "Jaffna has benefited for over a century from first-rate secondary schools founded and endowed by missionary effort of various denominations. But the complaint was made to us that despite the immense increase in the education vote since 1931, a negligible provision of State schools had been made for those parts of the Jaffna district which did not enjoy the benefit of English elementary and secondary education".

173. "... AS IN THE CASE OF AGRICULTURE AND HEALTH, WE ARE MORE DISPOSED TO ATTRIBUTE THE DISCREPANCIES IN EXPENDITURE AND DISPROPORTIONATE ALLOCATION OF PUBLIC FUNDS OF WHICH COMPLAINT IS MADE, TO THE GOVERNMENT’S DESIRE TO REDEEM CERTAIN LOCALITIES AND COMMUNITIES FROM THE NEGLECT OF PAST YEARS THAN TO ANY DELIBERATE PARTIALITY TOWARDS RACIAL INTERESTS. Education among the Muslims, for instance, has in the past, for various reasons, been relatively backward. WE WERE MUCH IMPRESSED BY THE EFFORTS OF THE Minister for Education, HIMSELF A SINHALESE AND A BUDDHIST, TO PROMOTE THE EDUCATIONAL ADVANCE OF THIS COMMUNITY".

Public Appointments

174. "We received from the All-Ceylon Tamil Congress complaints of discrimination against the members of their community in regard to appointments in the Public Services. This matter provides a common source of dissension between majority and minority communities, BUT IN THIS CASE THE COMPLAINT DID NOT, AS MIGHT HAVE BEEN EXPECTED, DISCLOSE THAT THE PROPORTION OF POSTS HELD BY THE CEYLON TAMILS WAS SMALLER THAN THE SIZE OF THEIR COMMUNITY WOULD JUSTIFY. ON THE CONTRARY, THE CEYLON TAMILS APPEAR, AT ANY RATE AS LATE AS 1938, TO HAVE OCCUPIED A DISPROPORTIONATE NUMBER OF POSTS IN THE PUBLIC SERVICES".

175. "... The Tamil witnesses maintained that in order to improve the chances of Sinhalese candidates, various small changes in examination syllabuses and conditions of entry have been made as a result of the intervention of Sinhalese Ministers, who have also endeavoured in various ways to use their influence, e.g. with Selection Boards, to favour candidates of their own race..."

176. "It appears to us that there have been minor instances of this kind of discriminatory action by the Sinhalese... BUT IT WOULD NOT IN OUR OPINION BE RIGHT TO REGARD THE SINHALESE CHALLENGE TO THE PREDOMINANT POSITION OF THE TAMILS IN PUBLIC APPOINTMENTS AS BASED ON SUCH SMALL ACTS OF DISCRIMINATION; RATHER IT IS THE NATURAL EFFECT OF THE SPREAD OF EDUCATION AND OF THE EFFECTS BEING MADE TO BRING OTHER PORTIONS OF THE ISLAND UP TO THE INTELLECTUAL LEVEL OF ONE PORTION OF IT..."

In this connection, we cannot help RECALLING A PERIOD IN OUR OWN HISTORY WHEN, AS A RESULT OF THE SUPERIOR EDUCATIONAL FACILITIES AND BETTER TEACHING PREVALENT IN SCOTLAND, A MINORITY WAS ENABLED TO SECURE A LARGER SHARE OF ADMINISTRATIVE AND EXECUTIVE POSTS IN THE UNITED KINGDOM THAN COULD HAVE BEEN JUSTIFIED ON ANY PROPORTIONAL ALLOCATION. SINCE THEN THE ENGLISH HAVE MADE STRENUOUS AND NOT ALTOGETHER UNSUCCESSFUL ENDEAVOURS TO REDRESS THE DEFICIENCIES OF THEIR PAST".

Conclusion

177. "A careful review of the evidence submitted to us provides NO SUBSTANTIAL INDICATION OF A GENERAL POLICY ON THE PART OF THE GOVERNMENT OF CEYLON OF DISCRIMINATION AGAINST MINORITY COMMUNITIES".

Commentary

The Soulbury Commission concluded that there was no discrimination against Ceylon’s minority communities. It is clear that issues of interest or of benefit to the larger Sri Lankan nation, caused fears and misgivings among the Sri Lankan Tamils. On the other hand, they were not in any way uneasy at being the recipients of disproportionate benefits both in respect of Public appointments and Public expenditure.

For instance, the Sri Lankan Tamils validated the claims of the Indian trader, as well as agricultural expenditure of over 50% of the total expenditure in the Northern and Eastern Provinces, but would not acknowledge the benefits of the co-operative movement and village irrigation to the larger Sri Lankan nation.

The advantages the Sri Lankan Tamils enjoyed in regard to Medical Services, Education and Public Appointments were due to the fortuitous presence of American Missions predominantly in the Northern Province. With time the availability of similar facilities throughout the rest of Sri Lanka was bound to change the status quo,’ a development that they came to look upon "with grave apprehension".

The International Convention on the Elimination of All Forms of Racial Discrimination (1966), recognizes that any measures taken to redress past injustices is not discrimination. Article 1 clause 4 of the above Convention states: "Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedom SHALL NOT BE DEEMED RACIAL DISCRIMINATION...".

Furthermore, Article 2 clause 2 of the above Convention states: Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms".

The principle behind the adoption of safeguards by the intentional community to protect the disadvantaged whether they be majorities or minorities, and other measures such as affirmative action adopted in the name of social justice, was to ensure that ALL sections of society had equal access to the "enjoyment of human nights and fundamental freedoms". To deny equal access to ALL was to perpetuate inequality so that ONLY those who enjoyed the privileges, such as the Sri Lankan Tamils, would have access to "development" and the "enjoyment of human rights and fundamental freedoms".

The Soulbury Commission drew a parallel between the United Kingdom and Sri Lanka to illustrate that the measures taken by the Government of Sri Lanka were not deliberate efforts to discriminate against the Sri Lankan Tamils, but instead, were measures adopted to redress past injustices perpetrated on the larger Sri Lankan nation. For the same reasons, policies in regard to language and admission to universities adopted by Independent Sri Lanka would also have been seen as non-discriminatory by a neutral observer such as the Soulbury Commission. It is clear that social justice for the larger Sri Lankan nation had to necessarily impact adversely on groups such as privileged ethnic minorities or the economically privileged.

Thus, the Sri Lankan Tamils must accept that just as much as majorities have to make adjustments to accommodate minorities, so must privileged minorities adjust their expectations to accommodate the aspirations of majorities that have been neglected and marginalized for generations intentionally as a deliberate feature of colonial policy. It is only when minorities realize that they are not separate, but that they and the majorities are parts of a whole, that there can be justice both real and apparent.

US presidential election — 2000
Process of electing the president and vice president

by Dr. Stanley Kalpage
The Consti-tution of the United States lays down clearly the procedure for the election of the president and vice-president of the United States of America. They are not elected by the direct vote of the people but by members of the Electoral College, an institution that has survived since the founding of the United States.

The presidential election is always held on the first Tuesday (after the first Monday) in November of every fourth year, each state choosing as many electors as it has senators and representatives in Congress. With 100 senators — two from each of the 50 states — 435 representatives, and 3 electors from the District of Colombia, where Washington DC is situated, there are 538 members of the Electoral College. Thus, a majority of 270 electoral votes would be needed for the election of president and vice president.

If no candidate for president has a majority, the House of Representatives chooses a president from among the 3 highest candidates with all representatives from each state combining to cast one vote for that state. If no candidate for vice president has a majority, the Senate chooses from the top 2, with the senators voting as individuals.

Election 2000

With almost sixteen months to go, the presidential campaign for 2000 is already under way. A third of the 100 senators and all the 435 representatives will also be elected in November 2000. This election assumes a special significance because voters will have a rare opportunity to put an indelible stamp on the entire federal establishment. Besides the election of a new president, the Republican control of the House and Senate hinges on a difference of only six seats each, and several vacancies are looming on the Supreme Court. Election 2000 could therefore provide voters with the possibility of shifting the ideological balance at the Centre.

Added to all this is the fact that only once every 20 years does a presidential election coincide with the census, which will be used when the state legislatures — many of which are elected next year — redraw the boundaries of all 435 congressional districts.

The last two occasions this 20-year cycle occurred — in 1960 and 1980 — voters chose to give dramatic redirection to government. In 1960, John F. Kennedy brought a new generation of Democrats to power as he succeeded Republican Dwight D. Eisenhower. In 1980, Ronald Reagan defeated Jimmy Carter and ushered in a conservative counter-revolution that continues today — at least on Capitol Hill.

Democratic nomination

The presidential candidates of the two main parties will be elected at the party conventions to be held in July 2000. But already a number of candidates from both main parties are preparing for the straw polls and party primaries which will determine which of them will ultimately be their parties’ flag bearers in the presidential contest in November 2000. A number of candidates from each of the main parties are already testing the waters.

Among the Democrats, the leading contender is Vice President Al Gore, who has served two terms as vice-president under president Clinton. Bill Bradley, a former senator from New Jersey, is also in the fray for the democratic nomination. Gore has been endorsed by most governors and senators; Bradley is supported by a former presidential candidate, democratic senator Bob Kerry of Nebraska. At present, Al Gore has a sizeable lead over Bradley in the public opinion polls.

Republican candidates

George W. Bush, governor of Texas, and son of former president George Bush, has started his campaign early and has a clear lead over all other Republican rivals, who include former Tennessee governor Lamar Alexander, the wealthy publisher Malcolm S. "Steve" Forbes, republican senator John McCain, Elizabeth Dole (wife of Robert Dole), right-winger Patrick J. Buchanan — making his third bid for the White House, conservative activist Gary Bauer, and former vice president Dan Quayle.

Governor Bush, who is preparing to opt out of the federal campaign finance system in order to spend unlimited amounts next year, has raised a huge campaign fund of more than $36 million as of June 30. Republican presidential candidate Steve Forbes, whose self-funded campaign will have as much money as Bush’s, has signalled his intention to wage a fierce campaign against the Texas governor.

Bush rose to prominence when he was elected governor of Texas in the mid-term elections of 1998. In that election, he campaigned on education, taxes and crime and won 69 percent of the vote, capturing 65 percent of the women’s vote and 49 percent of the Latino vote.

Straw polls and primaries

Before the candidates arrive at their receptive party conventions in July 2000, they will have to test their popularity at a number of non-binding straw polls and, more specifically, at the primaries (or caucuses) that are held in most states.

In modern presidential politics, a straw poll is a non-binding vote, often taken among party activists and usually at a very early stage in a candidate selection process, to indicate which candidate or candidates are preferred by a local group.

The nominating process of the primaries, which once evolved over three months, could be essentially over next year within six weeks ending 14 March. By that time half of the states, representing three-fourths of party convention delegates, will have held their primaries. In 1988, by comparison, only half the delegates were chosen by mid-March.

The primary season begins with the New Hampshire primary on 31 January, with the Iowa primary on 7 February. The biggest states — California, New York, Texas and Florida will hold their primaries between 7 and 14 March.

Primary elections are usually held on Tuesdays, and Super Tuesdays are when primaries and caucuses are held in several states on the same day. In this election Super Tuesday will probably be on 14 March.

Al Gore and George W. Bush

Al Gore’s campaign has got off to a weak star and he is trailing in the public opinion polls by double digit margins against the Republican front runner, George W. Bush. However, pollsters, pundits and other political observers caution that voter preferences this early in a presidential campaign often are lightly held and easily swayed. They note that, as of now, few Americans are paying attention to the presidential contest, making it even more likely that voter sentiments will shift, perhaps dramatically.

Al Gore comes to the 2000 race with considerable baggage — as a prominent member of the controversial Clinton administration and as an experienced political figure in Washington DC. But he has proved to be someone so unexciting because of his own stiffness. Polls observers comment on his lacklustre speaking ability and his difficulty to connect with the crowds because of his dull demeanour Gore has long been tagged as a monotonous political performer, an image so indelible that, like Dan Quayle’s spelling deficiency, it may be impossible to change. An ABC news poll suggests that Gore enters the race viewed by the public as a weak leader who lacks charisma and does not understand the needs of common people. He also had problems with allegations of illegal fund-raising at the 1998 mid-term elections.

On the other hand, George Bush has not undergone the scrutiny or rigours associated with a presidential campaign and most Americans are unfamiliar with the details of Bush’s record in Texas. Bush is a fresh non-Washington face while Gore suffer built in disadvantages of having laboured in the No. 2 spot under an impeached president.

Religious values to the fore

After the Clinton scandals, leaders of the Christian right say they are more wary of a candidate with a shifty character than one who may be shaky on certain issues. Republican candidates, especially those reaching out to the Christian right, are eager to confess their evangelical zeal. They seem to be anxious to insure themselves against the kind of exposure which will surely come when the investigative media delve into their hidden past to see what telltale skeletons exist therein.

George W. Bush and Elizabeth Dole, in particular, have perfected what in evangelical circles is known as a testimony — a quick biographical sketch of their faith, taking them from routine churchgoing down into the valley of despair, then back up again to a glorious rebirth in Christ. Elizabeth Dole has confessed that her life was "threatened with spiritual starvation" until she humbled herself before God.

Bush has traced his own transformation back to two key moments. In the summer of 1985, he ran into evangelistic preacher Rev. Billy Graham while visiting his father in Kennebunkport, Maine. Graham asked Bush if he was ‘right with God’, and Bush said he wasn’t sure, and proceeded to ask Graham a lot of sceptical questions. With his answers, Bush said, Graham "planted the mustard seed."

A year later, after a celebration of his 40th birthday, Bush woke up with a hangover. Not too bad a hangover, but bad enough to send him to church seeking salvation. Since that day, he has not taken another drink, Bush said.

Even candidates who are not reaching out to the religious right are projecting a kind of diffuse spirituality. Vice President Gore praises faith-based organisations in explicitly Christian inspirational language. "Jesus said that the Kingdom of God is within us," he explained. He did not share his own testimony but told the personal stories of others — a depressed woman and a drug addict transformed through the power of faith.

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