OPINION

Full implementation of 13A: Final solution to ‘national problem’ or end of unitary state? – Part IV

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By Kalyananda Tiranagama
Executive Director

Lawyers for Human Rights and Development

(Part III of this article appeared in The Island yesterday (28 Sept. 2023)

President Jayewardene stands up against Ranil Wickremesinghe

President J. R. Jayewardene, on the occasion of the Opening of Parliament on 20 Feb., 1986 said: ‘‘Permit me to speak on the government’s attempts since 1977 to seek a political solution to the problems arising in the Northern and Eastern Provinces.

‘‘Our first attempt to do so was outlined in the UNP Election Manifesto of 1977. These proposals were prepared in consultation with some of the TULF MPs at that time. I have in my Address to Hon. Members on 23rd February 1984 outlined the steps taken to implement them as follows:

‘‘Since 1977 the government has made Tamil a National Language in the Constitution; amended rules governing entrance to universities and removed any racial bias governing those rules; removed the regulations prescribing racial considerations governing entry to the Public Services and promotion in the services.

‘‘District Councils have been created and District Ministers appointed. The TULF accepted them and worked for them for two years and contested elections. Last year they withdrew from them as sufficient powers and finance had not been allotted to them.

‘‘The search for a political solution was the profound concern of the government of SL. It was this commitment to reach a peaceful solution to the problem that led SL to take the unprecedented step on the part of any Sovereign State of sending her accredited representatives to explore the possibility of reaching a settlement at two Conferences held in Thimpu, Bhutan in August 1985 … arranged with the Tamil groups through the good offices of India.

‘‘However, neither the TULF nor the groups who attended these talks showed any serious inclination to discuss any of the proposals placed before them by the Govt. of SL. Their final response was an outright rejection of the government proposals and an invitation to the Govt. of SL to make new proposals that would accord with the so-called cardinal principles which they enunciated, which were no more than a re-statement of the demand for Eelam.

‘‘On 12th July 1985 the 6 Tamil groups made a statement of the ‘Four Principles’ on which they were working. On 13th August 1985 the leader of the SL Delegation, Dr. H.W. Jayewardene responded to it with a statement on the ‘Four Principles’ mentioned by the Tamil groups.

‘‘He dealt with the (i) recognition of the Tamils as a distinct nationality, (ii) a separate homeland and (iii) self-determination for the Tamils; and (iv) the linkage of the Northern and Eastern Provinces as a reaffirmation of the demand for a separate state and could not be the subject of discussion and acceptance by the SL govt.

‘‘The SL delegation also submitted an outline of the structure of the sub-national units of a Participatory System of Governance on 16th August, but this too was not considered by the Tamil groups though it indicated areas on which discussion and agreement were possible.

‘‘The Accord reached in Thimpu and New Delhi were to be the basis of any future discussions. Such discussion would not reopen the Four Principles mentioned earlier in any form whatsoever. This was the basis of the understanding of both the Govts of India and Sri Lanka ….

” There are certain principles which we cannot depart from arriving at a solution. We cannot barter away the unity of Sri Lankaits democratic institutions, the right of every citizen in this country whatever his race, religion, or caste to consider the whole Island as his Homeland, enjoying equal rights, constitutionally, politically, socially, in education and employment are equally inviolable.”

“At present the Sri Lanka Tamils are in a minority in the Eastern Province while the Sinhalese and the Muslims together constitute nearly sixty per cent of the population. Since the Sri Lanka Tamils constitute more than ninety per cent of the population in the Northern Province, the object of the amalgamation of the North and the East is clear – the Sri Lanka Tamils will after amalgamation become the majority group in the combined unit of administrationOnce the amalgamation is achieved the concept of the traditional homeland of the Tamils which has been a corner-stone of agitation in the post-independence period will be revived as this is the only ground on which the T.U.L.F.

denies the legitimate rights of the Sinhala people to become settlers in the Northern and Eastern provinces. Nor does the traditional homelands theory recognise any rights for the Muslims either except as an attenuated minority in the amalgamated territory. So, on the one hand while professing to urge the case for all Tamil speaking people in fact the T.U.L.F. is covertly seeking to secure the extensive areas for development, especially under the accelerated Mahaweli Program, for exploitation by the Sri Lankan Tamils alone. This in short is the duplicitous motivation behind the demand for amalgamation.

‘’ Quite candidly, the Sinhala people do not regard the demand for the amalgamation of the Northern and Eastern Provinces as a bona fide claim but as one motivated by an ulterior purpose, namely, as a first step towards the creation of a separate state comprising these two Provinces. The recent outrages by Tamil terrorists against the Sinhala civilian population settled in the North and East killing vast numbers of them, ravaging their homesteads and making thousands of them refugees in their own land has only made their apprehensions seem more real than ever before.

” Even the most naive of people could not expect a single Sinhalese to go back to the North and/or East if the maintenance of law and order within those areas becomes the exclusive preserve of the political leaders and patrons of the very terrorists who chased them out. Could one for instance expect the survivors of Namalwatta to go back to their village if the leader of the Tamil Terrorist gang that murdered their families is the A S.P. of the area? Not only would those poor refugees not go back but those Sinhalese, including those in Ampara and Trincomalee, who are still living in the North and East, would necessarily leave their lands and flee to the South, if these proposals are implemented.”

” These proposals are totally unacceptable. If they are implemented, the T. U. L. F. would have all but attained Eelam. It need hardly be said that even if the demand for a Tamil Linguistic State is grantedfurther problems and conflicts are bound to arise between that Tamil Linguistic State of the North and East and the Centre. Water, hydropower and the apportioning of funds are some of the areas in which conflicts could ariseA cause or pretext for a conflict on which to base a unilateral declaration of independence could easily be found.

There can be little doubt that what T.U.L.F. seeks to achieve by its demands is the necessary infrastructure for a State of Eelam, after which a final putsch could be made for the creation of a State of Eelam, comprising not only of the North and East, but of at least the hill country and the NCP as well.” (quoted in the Judgement of Wanasundara J in the 13th Amendment Case, Pp. 377 – 379)

With all our criticism of JR for the harmful consequences the country had to face with his open economy and executive presidency introduced after 1977, from the above statement it clearly appears that JR was not a traitor to this country, but a patriot who had some genuine concern for the country and its people. He had the wisdom to see through the danger posed to the very existence of this country as a unitary state by giving into unreasonable and crafty demands of the Tamil political leaders in the North-East.

President Jayewardene not only refused to accept these proposals of the TULF and other Tamil groups; he was not even prepared to discuss them. His firm response was that they are totally unacceptable.

(To be continued)

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