Features
Genealogy of Concept and Genesis of 13th Amendment -II
By Prof. Gamini Keerawella
Prior to the 1977 general election, J. R. Jayewardene promised to summon an All Party Conference to take all possible steps to remedy the grievances of the Tamil- speaking people. However, what followed the election victory of the UNP, in 1977, was a series of anti-Tamil riots. On 12 August 1977, in less than a month of the new government assumed office anti-Tamil riots started. It was reported that over 300 Tamil people were killed during the riots. The political implications of the Anti-Tamil riots in Sri Lanka reverberated on the other side of the Palk Strait. On 24th August 1977, the Tamil Nadu Assembly adopted a resolution urging the Government of India to “depute a representative of the status of a Cabinet Minister to Sri Lanka to find out the true status of the affairs and have direct talks with that government by way of assuring the feelings of the Tamils there”. At this time, however, the Prime Minister Moraji Desai dismissed the Tamil Nadu request and stated that the Government of India did not propose to send a Cabinet Minister to Sri Lanka since the Indian High Commissioner in Colombo had been doing every thing possible and the two governments were also in close touch with each other.
Despite the election pledge to summon an All Party Conference to take all possible steps to remedy the grievances of the Tamil-Speaking people, J.R. Jayewardene first offered the District Development Councils (DDCs). It is important to note that, in spite of strong pressure on the part of the militant youth groups not to contest, the TULF participated in the DDCs. The DDC experiment of the TULF proved to be disastrous. On the one hand it faced the antipathy of the youth who advocated direct-armed struggle. On the other, the Central government was not prepared to tolerate even decentralization of administration. “The institution of District Minister ensured that all decisions of the Council will be subjected to strict control by the representative of the central government”.
There were anti-Tamil riots again in 1981. Tamil Nadu politics was rocked again due to the ethnic riots in Sri Lanka. The leaders of the 20 political parties urged the Prime Minister Indira Ghandi to grant the Tamil youths seeking refuge in Tamil Nadu political asylum. This time the Indian official reaction was clearly different. For the first time, the Indian Government made representation to the Government of Sri Lanka regarding the violence against Tamils during the ethnic riots. In the period 1977-1983, the power and influence of the Tamil militant groups increased very rapidly. This is reflected in the Jaffna Municipal elections held in 19 May 1983. The LTTE was able to implement a boycott of the elections successfully and the turn-out of the Jaffna polls was only 14.5 percent. The 1983 July riots created a very strong protest in Tamil Nadu in the form of bandhs and demonstrations. The delegation from Tamil Nadu made representation to Prime Minister Indira Ghandi on this situation and she assured the delegation that New Delhi “was dealing with the Tamil question in Sri Lanka as a national issue affecting the whole country, not merely as a problem concerning Tamil Nadu alone”. Just two days after the outbreak of riots, Prime Minister Indira Ghandi contacted President Jayewardene by telephone to discuss the Sri Lankan situation. As K.M.de Silva reveals, ‘The upshot of that fateful conversation was that Jayewardene found it necessary to invite Mrs. Ghandi to send an official representative to observe the situation in the island on the spot and report back to her”. When V.P Narasinghe Rao, a senior Cabinet Minister, visited Sri Lanka as a special envoy of the Indian Prime Minister on 29 July, parts of Colombo was still burning.
After July 1983, India entered swiftly as a self-appointed mediator and Indira Ghandi selected G. Parathasarathy as the mediator. The declared mission of G. Parathasarathy was to create an atmosphere for a negotiated settlement and act as intermediary between the Government and the Tamil political parties to formulate new proposals for devolution. As Godfrey Gunatilleke traced, at this point there were four inter-related but separate components to the negotiating process. “(1) the negotiation between the government of India and the government of Sri Lanka, (2) the talks between the Indian government and the Tamil Parties (3) the consultation in the conferences of the Sri Lankan political parties, and (4) the negotiation between the Tamil parties and the Sri Lankan government”. The first layer negotiations continued from August to November and the both parties able to agree on an acceptable plan, based on regional councils. This plan was became known as annexure ‘C’
In January, President Jayewardene convened the all-Party conference (APC) to discuss the proposals that came out from the first layer of negotiations. The polarization was very clear. The TULF and Tamil parties firmly stick to ‘regional councils and no less’ while the Sinhala political parties to ‘district councils no more’. Jayewardene’s vacillation and naivety was demonstrated very clearly at the APC and he did not come forward to defend the Annexure – C that he jointly fathered. Lacking his strong support, Annexure “C’ was made impotent”. The deadlock over the two positions made Jayewardene to suspend the APC on 30 September 1984.
Meantime, the Government prepared the 10th Amendment Proposals and Draft District and Regional Council Billi. On 21 December the Jayewardene Government decided to terminate the APC and stated that he would meet the TULF in early January to discuss the proposals. At first, the TULF agreed to go alone with the 10th Amendment. Later, Amirthalingam stated that the proposals were totally unacceptable to the Tamils and left Sri Lanka. Thereafter, President Jayewardene announced that he was withdrawing the proposals.
In June 1985, President Jayewardene and Minister Athulathmudali met Prime Minister Rajiv Ghandi for direct discussions the on ethnic issue and reached “an agreement on using India’s good office in finding a solution to the ethnic problem”. This paved the way for the direct dialogue between the Tamil armed groups and the Sri Lankan Government in Thimpu in August 1985. At the discussions at Thimpu, the six Tamil groups enunciated ‘four principles’ from which they would not waver. The Sri Lankan delegation also presented an outline of structure for devolution of power and affirmed that beyond which they could not proceed. In this context, what has happened in Thimpu is well known.
In June 1986 President Jayewardene decided to embark on a new political initiative and convened a round table conference of all political parties (PPC). He declared the Provincial Councils as the basis for devolution of power at the PPC. Both the SLFP did not attend the PPC but Mrs. Bandaranaike agreed to consult to President Jayewardene separately. The negotiations between GOSL and the TULF as well as discussions within the PPC continued for over three months. The basic draft of the Provincial Councils emerged out of these deliberations. As K.M.de Silva ,who had access to the official documents, traced “consisting of 50 pages in all, they included draft constitutional amendments, a draft Provincial Council Bill, schedules setting out ‘Reserved, Concurrent and Provincial Lists’, as well as detailed memoranda dealing with law and order, land and land settlement and education”. President Jayewardene and Prime Minister met at the Bangalore Summit of SAARC in November 1986 and further discussed the proposals known as ‘19 December Proposals’. It was really an incorporation of the agreements reached at the Bangalore summit into the Draft Provincial Council Bill of the PPC. The main issue remained unsettled was the merger of the Northern and the Eastern Provinces. There were many proposals in this regard but no agreement was reached.
The situation began to change rapidly from January 1987. Prabakaran who was operating in Tamil Nadu till now, slipped into Jaffna, in January anticipating the Indian pressure. The LTTE leader’s arrival marked a new phase in the armed action. In response to the increased pace of the LTTE armed activities, the Sri Lankan government imposed economic and communication blockade on the Jaffna peninsula. In March 1987, Rajiv Ghandi sent his personal envoy, Dinesh Singh to Colombo to convey India’s grave concern about the situation in Jaffna. In response to the Indian concern, Colombo declared an unilateral ceasefire for 10 days in April. However, after a bomb explosion in Colombo, which claimed over 200 deaths, the government decided to commence military offence in the North once again and Vadamarachchi offensive came in this context.
It is true that the Indian démarche was the immediate factor that cleared the way for the Provincial Councils in 1987. Even a cursory look at the political genealogy of the concept of Provincial Councils would clearly endorse that it was not simply a parasitic organ. It has been in the political discourse since independence in various forms. The vacillation and failure to take correct stand at the correct time on the part of Sri Lankan state had given India an opportunity to intervene in Sri Lanka’s internal affairs. By utilising Sri Lanka’s vacillation, India applied coercive diplomacy and violated Sri Lankan air space, entered into the Sri Lanka’s decision making orbit and attained its geo-strategic objectives, which was manifested in the Annexure to the Indo-Sri Lanka Peace accord.
It must be noted that at the outset the Provincial Councils have to carry a certificate of illegitimate birth due to the Indian intervention. However, the Indian role was just a midwifery role. The politically and ideologically weak ruling class of Sri Lanka failed to give it a natural birth. Further, the Provincial Councils had to toddle at the beginning on an unceremonious note as both the LTTE in the North and the JVP in the South violently denounced the Provincial Councils. The SLFP boycotted the Provincial Council elections at the beginning. In addition, there were many inherent structural weaknesses. As President J.R. Jayewardene was not yet deviated from the old centralized mind-set, the devolution package under the 13th Amendment was a half-baked product. The other hand took what was offered by one hand to the Provincial Councils. With all these shortcomings, the 13th Amendment was an important step in the evolution of the political discourse of the country. It alleviated the earlier fears that devolution promotes separation. In addition to the structural weaknesses of the 13th Amendment, non-implementation of some provisions and failure of the central government institutions to devolve functions to provincial units hampered the Provincial Council System. The dominant of centralized political culture of the country has negated the true potentials of the Provincial Council system as another tier of democratic governance. Some of the political criticisms levelled against the provincial council are equally applicable to the central government too. All these shortcomings are not reasons for the abolition of the Provincial Council system. Such a move would create more complicated political problems and their repercussions would be grave. What is necessary at this point is to go forward and address the shortcoming of Provincial Councils to make them true units of devolution of power to the people in the regions. (Concluded)
Features
‘Lord Edgware Dies’
It has been some time since I read an Agatha Christie, the plot of which I cannot remember. So, I was delighted to find on the shelves of a friend Lord Edgware Dies, which I had a vague memory of, but no certainty about who had done it.
When I read it, I found that my memory of who was probably the killer was correct, but I could not be certain and the red herrings Christie threw in were so diverting that until almost the very end I wondered if I had been wrong.
The plot is very simple. Jane Wilkinson, who is married to Lord Edgware, tells him that she is desperate for a divorce since she is in love with a very proper Anglo-Catholic peer, Lord Melton, but Edgware refuses to divorce her. She asks Poirot to talk to him, which he does, and is surprised to find that Edgware has told Jane he is prepared to give her a divorce. This was, after he had categorically refused, through a letter, which Jane said she had not received.
That night Edgware is murdered, after Jane had been to see him, or so the butler said, and also Edgware’s secretary. But Jane had been that evening at a grand dinner many miles away, where a dozen fellow guests could swear to her presence.
There was a solution however to the mystery of two Jane Wilkinsons, namely a skilful impersonator called Carlotta Adams who, in the opening chapter had impersonated Jane Wilkinson, who had also been at the performance. But when Poirot goes to see her, he finds that she had been found dead on the morning after Edgware had been killed, of an overdose. And in her bag was a gold case, with a strange inscription, that contained the drug, along with a pair of pince-nez.
Her maid said she had written a letter to her sister in America and posted it the previous night. Poirot asks Inspector Japp to get the letter, and a transcript is received from America, and in it the name of Edgware’s nephew Ronald Marsh is mentioned; he had taken Carlotta to dinner after her performance, with which the book opens, and had then set her a challenge. Japp arrests Marsh, but Poirot is not happy and asks for the original of the letter, which the sister sends him. That shows that a page is missing, and the tear is obvious, though that raises the question as to why it had not simply been cut.
Matters are further complicated by the fact that Marsh had gone in a taxi to the Edgware house, along with Edgware’s daughter Geraldine, in the interval of an opera which had previously seemed to provide them with cast iron alibis. Geraldine had gone in to fetch her pearls so that Marsh could raise money he needed, and thus had an opportunity to kill Edgware, as did Marsh, for the driver said he had got out of the taxi while waiting and gone into the house.
Marsh explained why he had gone to the house on the night of the murder as having followed Bryan Martin, an American actor, who had been in love with Jane, whom he saw go into the house with a key. But there was no one visible when he entered, and Geraldine almost immediately came down and they left together. And Martin too has become an object of suspicion to Poirot, for he had been to see him before the murders were discovered with a story of being followed by a man with a gold tooth – a story Poirot immediately realized was false when he was asked how old the man was, and was told he was young, for young people did not have gold teeth.
A heap of French money Edgware had got for a trip to Paris was missing, but since Marsh had no need for it after his cousin’s offer of help, Poirot deduces that it must have been taken by the butler, who has disappeared. Christie has stressed that he is astonishingly handsome, unusual in a butler, and Poirot notes a resemblance to Martin, so he thinks the mysterious man going into the house must have been him.
Incidentally, later Poirot assumes that Edgware’s change of mind was because he was involved in some scandal, and I believe Christie intends us to see the cause of this in his handsome butler, though this is not specified.
Meanwhile, Poirot has asked Japp to find out the provenance of the case found in Carlotta’s handbag, and it turns out to have been made in Paris, specially commissioned, and collected by a woman with pince-nez.
But then another murder occurs—that of another guest at the grand dinner, which provided Jane with her alibi. The victim is an actor who had been bemused when Jane, at a lunch, thought the Judgment of Paris referred to the city. He told Hastings he wanted to see Poirot, but was killed before he could get to the appointment. Poirot had rushed there when told about his request, but it was too late.
Meanwhile, Poirot has tried out the pince-nez on Edgware’s secretary, but she could not see through these. It was only a chance remark heard outside the theatre that led him to try them out on Wilkinson’s maid Ellis, a spare pair that had been appropriated for the night of the murders.
Poirot then lays things out, having summoned Martin and told him that he probably suppressed Edgware’s letter, as he had been dropped by then and he did not want Jane to marry another. But after teasing Martin, Poirot says that Jane was in fact the murderer, and she got Carlotta to impersonate her at the dinner while she went to the house and killed her husband. After meeting Carlotta later and checking with her through a call that she had
not been rumbled, Jane had gone ahead with the murder – she put veronal into her drink and the case with veronal into the handbag. She forgot to take out the pince-nez she had used earlier to imitate an American. Carlotta had registered as the American in a hotel and Jane had gone to see her, and there they exchanged identities. After seen the letter, she made use of it by tearing off the page that referred to her, and the S of She, so that the person who had challenged Carlotta to impersonate her seemed to be a man.
There is a coda in which Jane, condemned to death, writes to Hastings, still full of pride at her ingenuity hoping she will be remembered.
Features
Desilt reservoirs, learn from our ancient irrigation systems
by Prof. O. A. Ileperuma
Silting of reservoirs is a major problem today affecting our hydropower production and irrigation systems. The main Mahaweli reservoirs are silted to a considerable extent reducing the water holding capacity of them. Due to poor soil management practices, floodwaters deposit large amounts of silt in these reservoirs. When the Polgolla reservoir was fully drained about two years back, one could see mountains of silt in the lower reaches of the reservoir. A rough estimate is that 50% of the total capacity of these reservoirs has been lost to siltation. This is a serious issue which affects not only power and agriculture but also flood control.
Our ancient irrigation systems ensured that desilting of reservoirs took place under royal decree where all users of the reservoirs were ordered to carry out desilting of reservoirs during the dry season. The clay thus collected was used in making bricks for the construction of great stupas which dot the landscape of our ancient kingdoms. This ensured that the reservoirs had their full capacity filled with water for the next cultivating season. Our ancient kings were clever enough not to construct reservoirs by blocking main rivers such as the Mahaweli. A classic example is the Minipe left canal where they tapped only the surface water of Mahaweli. Even the bigger tanks such as Nuwara Wewa and Parakrama Samudraya were fed with minor rivulets. There were also other ingenious features in the cascade irrigation systems built by the ancient kings, such as mud sluice canals and forest reservations between the reservoirs in the cascade system. These reservations helped trap silt and remove excess nutrients, which could otherwise contribute to increasing salinity as water flowed from one reservoir to another.
- Parakrama Samudraya
- Kalawewa
- Kotmale
A classic engineering marvel is the former Yoda Ela, which carries water from Kalawewa to Nuwara Wewa and Tissa Wewa. It is 87 km long although the straight distance between these points is only about 40 km. The gradient of this canal is about 10 cm per km or 6 inches per mile. Yodha Ela functions as a moving reservoir and feeds about 4,600 hectares of paddy lands. It is a winding canal with about 120 smaller reservoirs on its way. It was constructed during the reign of King Dhatusena around 459 AD and later expanded by King Parakramabahu by connecting more reservoirs to the network. Unfortunately, during the Mahaweli project our modern-day engineers constructed a concrete canal replacing the winding path of this Yoda Ela also called Jaya Ganga. This effectively removed the ability of the old Yoda Ela to remove silt and nutrients. The bank of this Ela has wet zone trees such as jak and areca nut growing well. They take up the nutrients from the flowing stream making the water suitable for irrigation later.
Ancient Mesopotamian civilisations depended on dams constructed along the two main rivers, Euphrates and Tigris. After continuous irrigation of their fields over several thousand years, salinity of the irrigated lands increased making them unsuitable for agriculture. People died due to famine and this clearly illustrates the danger of blocking main rivers for agriculture. There is scientific evidence that the salinity of paddy soils in the Mahaweli C area is increasing.
We saw the devastation caused by Cyclone Ditwah. The sluice gates of the Kotmale Reservoir were opened, and Kandy and Peradeniya were flooded. If the reservoir had had greater storage capacity, couldn’t the opening of the gates have been delayed? This may not be an argument that modern-day engineers would readily accept, and I am not an irrigation expert. These ideas may well be naïve. But most of us tend to think of reservoirs mainly in terms of hydropower generation and irrigation, while their role in flood control receives much less attention. The question therefore deserves serious consideration. Could restoring lost reservoir capacity through desilting help improve our ability to manage extreme rainfall and reduce flood risks?
Desilting our reservoirs should be considered a national priority.
Features
Losing out to Ethiopia
Export diversification – Missing the wood for the trees – Part III
by Gomi Senadhira
In Sri Lanka, the word “Ethiopia” is often used as disparaging slang to describe individuals or areas experiencing extreme poverty, starvation, or severe economic hardship. This linguistic habit originated in the 1980s with the Western media coverage of the devastating Ethiopian famine of 1983-85. That media coverage shocked the world but also left an outdated and offensive global stereotype that the country is permanently starving. Much has changed since then. By now, with an annual growth rate of around 9%, it is the fastest-growing economy in sub-Saharan Africa. Ethiopia has also emerged as a highly competitive exporter and is challenging not only its competitors in the region but also countries like Sri Lanka. This article is on how Sri Lanka has lost ground to Ethiopia (and a few other countries) in the GCC markets for agricultural and floricultural products.
Sri Lanka – A Pioneer in the Agriculture and Floricultural Market in the GCC
As discussed in Part II of this article, by the mid-1980s Sri Lanka had established a strong foothold in the GCC’s fruit, vegetable, and floricultural market. Geographical proximity and well-established shipping and air links gave Sri Lanka a strong comparative advantage over Southeast Asian and African nations. Thailand, Vietnam, and Kenya were not even in the market. At that time, Ethiopia was experiencing (as BBC news reports described) “a biblical famine”.
The market was not very large, but it was lucrative and growing. Trade Minister Lalith Athulathmudali as well as the Chairman of the Export Development Board, Victor Santiapillai, who visited Kuwait (and the GCC countries), recognised the market potential for these products and encouraged us to continue with our work. The minister was particularly keen to further develop links between the market for these products, exporters, and his Export Production Villages (EPVs). So, it was becoming a successful case not only for export diversification but also for transferring gains from exports directly to rural households.
From Trailblazer to Tailender
As a result, even by the beginning of this century Sri Lanka had a larger market share than most of its competitors from Asia or Africa. But since then, our competitiveness has weakened significantly. The tables below provide a comparative snapshot of Sri Lanka’s performance vis-à-vis Thailand, Vietnam, Kenya and Ethiopia in the GCC market for vegetables, fruits and floricultural products. As illustrated therein, in 2001 Sri Lanka was ahead of Thailand, Kenya and Ethiopia in this small but rapidly growing market. Since then, we have fallen behind Thailand, Kenya and many other countries in that lucrative market. If this trend continues, Sri Lanka will fall behind Ethiopia within the next few years. (See Table 1)
In the GCC market for vegetables (covered in HS chapter 07), Sri Lanka was ahead of most other competitors in 2001. As illustrated in Table 1 , Sri Lanka had failed to develop this market, while Thailand, Kenya, and even Ethiopia had very efficiently increased their market shares. The GCC is a market to which Sri Lanka can supply some vegetables, like cabbages, by sea. It appears Sri Lanka had also failed to exploit this mode of supply.
We can see a similar trend in the market for fruits. Vietnam, Kenya, and Thailand have emerged as major players, while exports from Sri Lanka have staggered on slowly. In this segment, Vietnam has emerged as a leading player during the last twenty years and the GCC imports from Viet Nam have shot up from US$44 thousand in 2001 to US$346 million by 2024. In part one of these articles, I discussed the remarkable increase of jackfruit exports from Vietnam “…just $3 million in 2015 to an impressive $236.8 million in 2023” while most of our jackfruit production rots under the trees. This explains how countries develop their markets, geographically and product-wise. (See Table 2)
Sri Lanka’s performance has been weakest in the market for floricultural products (HS Chapter 06), which groups live trees, cut flowers, and ornamental foliage. When we first entered the market in the 1980s, the market was dominated by the Netherlands, and Kenya and Ethiopia were not even in the market. At that time, we identified the Gulf states as a market where Sri Lanka could have a dominant presence due to geographical proximity. Even in 2001, Sri Lanka was ahead of Kenya, Ethiopia, and Thailand. But by now, Kenya has emerged as the dominant supplier. Ethiopia is also expanding its market share and is the third-largest exporter. (See Table 3)
Missing the Wood for the Trees
In the mid-1980s, Sri Lanka first established its foothold in the GCC market. Since then, Thailand, Vietnam, Kenya, and even Ethiopia have moved well ahead of us and have become leading players. Why did we lag behind in our export diversification efforts in general and, more particularly, in the GCC market?
The reasons are very clear. After the initial attempts in the 1980s and early 1990s, Sri Lanka has not been proactively involved in identifying, developing, and promoting new products and markets, or protecting and further developing new markets already established. The focus has simply been on traditional exports: tea, coconut, cinnamon, and garments, while other products were almost ignored. In essence, we have been and continue to focus intensely on a narrow group of products and markets, and we have lost sight of the bigger picture.
(The writer can be reached at senadhiragomi@gmail.com)
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