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Midweek Review

Alienness within walking distance

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(Text of a lecture delivered

by Rajan Hoole

at ICES, celebrating Malaiyaham 200 on 21 January 2023)

Citizenship was not originally a contested area. At the first session of the Ceylon National Congress, on 11th December 1919, where Sir Ponnambalam Arunachalam was elected president, it was assumed without dissent that all communities in the Island would be represented. In 1927, the Donoughmore Commissioners, who proposed universal adult franchise for ordinary residents did not themselves envisage a distinction. But it was clear to the Sinhalese plutocrats that under the scheme of one man – one vote, the balance of power would shift to the labouring classes.

In 1928, W. A. de Silva, president of the Ceylon National Congress, wanted the most vulnerable Plantation Tamils denied the vote because ‘their highly deprived living conditions and isolation made their vote a danger to the ‘community.’’ Any outsider visiting them was legally an intruder and subject to prosecution. Asked by the Indian journalist, Sant Nihal Singh, why not remove the restrictive regime in the Plantations, including his own, and allow the labour freedom to mix freely? De Silva admitted that then, the chief reason for denying them the vote would be gone. Seeing such specious denial of the vote made universal franchise farcical, the British Administration settled for minimum five years residence as condition for the vote.

Proof of five years residence seemed reasonable in 1929 and the Plantation Tamils too exercised the franchise in the 1931 and 1936 elections, but were by 20 years of insult and administrative harassment based on small-minded technicalities, rendered voteless in 1949. In 1941 the Legal Secretary had told the Council that 80% of the Plantation Tamils were either born here or had resided more than 10 years. Any government with a meagre sense of justice would in 1948 have taken the five years’ residence for granted. But even though they were paupers at the backbone of the economy, they were denied citizenship and the vote, making them slaves, on the risible pretext that they were, as D.S. Senanayake put it, citizens of India.

During the 20 years of the Donoughmore era, education too followed the social hierarchy; in 1927 a teacher in an English medium school could earn Rs. 70 to 200 and in a vernacular school from Rs.35 to Rs. 60. But the estate children were nominally taught reading, writing and arithmetic by teachers paid almost a plantation labourer’s salary of Rs. 20 a month in 1948. The labour was totally unprepared for the challenges of contesting disenfranchisement in the courts by proof of five years’ residence, even when many judges were sympathetic. The Registration bill of 1941 aimed at the Plantation Tamils, showed Senanayake whom the British favoured for the transfer of power, with the Left opposition jailed, established a stranglehold over the House. Amazingly, with the Left behind bars, no Sinhalese voted against the Bill. When the independence bill was put to the State Council in 1945, no Ceylon Tamil was willing to face up to the tragedy in train.

In the process, we destroyed the trust and good neighbourliness within the country to the point of driving the Tamil minority to seek lethal weapons; and in the unfolding dynamic, the majority and minority sought to overcome internal dissent by terror.

In today’s reality, this was defending the unaffordable Army doubling up as archaeological experts; scouring the North-East for tokens that could be turned into grandiose monuments for the Sinhalese among non-Sinhalese; and in turn driving the starving Sinhalese to desperate measures.

Academic historians and archaeologists have from their dull enclaves been shot into stardom as their professions became politicised. Written history will be of value only if it broadly reflects truth, rather than confirms the reader’s bias. The writer must interrogate his writing to check the validity of his conclusions.

To prove that the Indian labourers came only for short stay, Prof. S.U. Kodikara argued from the comparatively low proportion of unemployable elderly persons on the estates in the early 20th Century, that the elderly generally returned to India. But, in truth, conditions were harsh and the relative death rate very high, so that few survived to return. The blackout of Indian labour’s crucial contribution which kept the economy afloat, during the second world war and long after, to the tune of 65 per cent of our foreign earnings until 1965, is an injustice committed by both Sinhalese and Tamil politicians. That began the move to devalue everything Tamil.

The systematic denial of the Pallava (namely Tamil) contribution to Buddhist Art was to suppress the Tamil role. With scant evidence, the credit was shifted further north to inspiration from Amaravati of the 3rd century. This necessitates suppression of an episode of Indian Tamil immigration in the 8th to 10th centuries that led to excellence in art, expansion of trade, identification and internationalisation of the port of Trincomalee and the coming of China, by invitation.

Movement between Lanka and India was there all along, be it religion, trade, war or peace

The political need for the citizenship Act therefore inserted an official culture of systematic falsehood. Lankan professor of archaeology, Sirima Kiribamune, in ‘Tamils in Ancient and Mediaeval Sri Lanka’ of 1985, says, passing over the Pallava era in silence: “the 8th century, which saw some dynastic stability in the country, appears to have been relatively free of Indian troop movements.” Of Manavamma’s return following more than 20 years in service of the Pallavas, K.M. de Silva, remarks that there was augmentation of royal authority and sophistication of administration.

D.K. Dohanian, however, points out in his paper ‘Sinhalese Sculptures in the Pallava Style’ in Archives of Asian Art Vol. 36 (1983), Duke University Press:

“Lanka’s awareness of Indian neighbours was never so dynamic than during the nearly four hundred years following the flight of the Sinhalese prince Manavamma to political asylum in [Pallava] Kanchi, to the court of Narasimhavarman I. In 684 AD he captured the throne of Lanka in the wake of naval aid from the Pallava monarch, which set off from Mamallapuram. Following his reign of about 35 years, he was succeeded by his sons Aggabodhi V (AD 718 – 724), Kassapa III (724 – 730) and Mahinda I (730 – 733). These sons of Manavamma both shared his exile and were born in the Pallava country. In consequence Pallava influence at the Sinhalese court was quite strong.

“Both the stability and prestige of the Government of Lanka were related to the unbroken alliance with the Pallavas that lasted until the extinction of the Pallava dynasty near the end of the 9th Century. During this time the kingdom of Lanka benefitted from the might of the Pallavas” – who in the late 7th or 8th Century AD turned Trincomalee into a throbbing port city, judging by its wealth from the seabed ruins of Koneswaram Temple, and Mahayana Buddhist remains all over.

The relevant history of Tamil Nadu – inspiration of Buddhism and Jainism

Tamil Nadu has a blank in its history, after the 3rd Century AD, up to about 550 AD. Nilakanta Shastri tells us in his History of South India: “This dark period marked by the ascendancy of Buddhism and probably also of Jainism, was characterised also by great literary activity in Tamil.” Though characterising it ‘the dark period,’ being the great historian he was, Shastri followed with the brighter side of what has been termed the Kalabhra era, a time that saw the golden age of Tamil literature. He added: “Most of the works grouped under the head, the eighteen minor works were written during this period as also the Silappadikaram, Manimekalai and other works. Many of the authors were votaries of the heretical sects.”

It was a period marked by pluralism, if not secularism. David Shulman is a citizen of Israel, who works actively for justice to the Palestinians, from whom we in the University of Jaffna were privileged to have a visit. In his book of 2016, Tamil – a biography – provides a solution to the Kalabhra riddle that avoids the fantastic: “The once prevalent notion of a dark interregnum in which a mysterious dynasty of ‘Kalbhras’ penetrated with devastating effect, into the Tamil country now seems rather exaggerated, if not, indeed, entirely fictive.”

The Kalabhra period had witnessed a social upheaval in which the Buddhists and Jains gained in economic importance. In dealing with a revolution, which was largely pacific, the Pallavas, the emergent power in the Chola country from 550 AD on, whose rulers in turn embraced Jainism and Hinduism, wisely chose to buy into the revolution rather than suppress it. Thus, the Pallava capital Kanchipuram became a city of Jain, Theravada and Mahayana Buddhist learning. The merchant marine of the time with Kanchipuram as headquarters carried Mahayana Buddhism and the Tamil language to East Asia. The social atmosphere of the time is captured in the Silappadikaram and Manimehalai, and in Anne E. Monius’ book ‘Imagining a Place for Buddhism.’

Amaravati or Pallava?

Senarat Paranavitana, the doyen of Ceylon’s archaeologists, in his Art of the Ancient Sinhalese (1971), advances the ‘overwhelming’ influence of ‘Andhra art on that of early Ceylon and a branch of that school in Ceylon, producing the sculptures on the frontispieces of the ancient stupas.’ This was speculative, given the censorship of Mahayana in the chronicles of Ceylon and the 400 years that separated Amaravati from the flowering of Pallava art. Nilakanta Shastri traces Roman influence in the ‘vigorous and supple realism, characteristic of all Indian sculpture, particularly from the days of Asoka and Sanchi to the Pallava sculptures of Mamallapuram … Roman influence in the art of Amaravati that foreshadows that of Aihole and Mamallapuram.’

Osmund Bopearachchi, from Sorbonne, one of our eminent archaeologists has pointed to the mass discoveries from the 7th and 8th centuries of statues of Bodhisattva Avalokiteswara, the protector of sailors, along the island’s ports, rivers, and overland routes. He also points to famous Mahayana Buddhist statues in the southeast of the island, as in Budurugala, from this period. But he remarkably fails to make the crucial Pallava connection and leaves these facts as curiosities hanging in the air. The Amaravati claim is focused on one instance. Paranavitana quoted the authority of Ananda Coomaraswamy on the well-known statue in the Abhayagiri grounds [in Anuradhapura], ‘dignified as are the Buddhist statues of Amaravati, the great Buddha at Anuradhapura surpasses them in grandeur.’

Dohanian (ibid) adds: “Perhaps the most celebrated Sinhalese sculpture in the Pallava style is the stone Buddha of the Outer Circular Road in Anuradhapura [cited by] Coomaraswamay … Though originally from the Mahayanist shrine at Abhayagiri vihara, with three similar, if not identical Buddha images, it has been given space in virtually every publication on Buddhism and Buddhist art in modern times. The stone sculpture isolated from its shrine has been much commented upon, and has been placed within dates, ranging as a rule from the 2nd century A.D. to the fifth; there have been some attempts to date it much earlier … The shrine of which this image is a component has been dated within the first half of the eighth century, and I have demonstrated elsewhere, that the sculpture was contemporary, in manufacture, with the shrine.

“Although most scholars have been content to see ‘Gupta’ qualities in it, this image most convincingly resembles the figures carved on the face of the great rock at Mamallapuram, the ancient city of the Pallavas.”

No Lankan scholar seemed to have commented on Dohanian’s paper of 1983. At a seminar in University College London on 6th July 2005, Bopearachchi, repeated Paranavitana’s thesis on the ‘overwhelming’ influence of Amaravati-Nagajunakonda art on the earliest Buddha images in Sri Lanka as having ‘gained unanimous acceptance.’ This he partially retracted on 30th December 2014, at the Indira Gandhi National Centre for the Arts:

“D.K. Dohanian sees a parallel between this type of ascetic Avalokiteśvara and Śiva of the early Pallava style depicted … in Mamallapuram (Mahabalipuram). If this hypothesis is correct, the stone Avalokiteśvara images cannot be dated before the 7th century because the Pallava sculptures at Mamallapuram are generally dated to the reign of Narasimhavarman (630–668 CE).”

But Dohanian’s case on the actual origin of the Statue and its date to 8th Century AD went unanswered. All the while local archaeological publications have tried to protect the State’s ideological positions on the East of the country, particularly Trincomalee.

(To be continued)



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Midweek Review

Canada plays politics with Sri Lanka again ahead of its national election

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Conservative Party leader Pierre Poilievre

UK Premier Keir Starmer reiterated his Government’s commitment to addressing justice, accountability of reconciliation in Sri Lanka and issues faced by Tamils, including advocating for human rights and justice for Tamil victims.

The often repeated declaration was made at the Thai Pongal celebration at 10 Downing Street on 20th January. The Indian High Commissioner in the UK Vikram Doraiswami was among those present. Perhaps Starmer hadn’t considered India’s culpability as the regional sponsor of a terror project in Sri Lanka that claimed the lives of as many as 70,000 combatants and civilians. Among the dead were former Indian Prime Minister Rajiv Gandhi and over 1,300 Indian soldiers.

Doraiswami joined the Indian Foreign Service in 1992, the year after the LTTE assassinated Gandhi at Sriperumbudur in Tamil Nadu. Would Starmer dare to raise India’s accountability and also look into the UK role in bolstering Tamil terrorism? The UK allowed a free hand to the LTTE with the group’s International Secretariat functioning from London without any restrictions. The LTTE wouldn’t have achieved status as a major terrorist organization if UK didn’t facilitate its operations. The writer’s assessment is that the British backing for Tamil terrorism was much more than that of Canada.

By Shamindra Ferdinando

Over 17 years after the decimation of the terrorist group, the Liberation Tigers of Tamil Eelam (LTTE), with a conventional fighting might militarily by our security forces, Canada and the UK are still seeking to punish Sri Lanka for pulling off that most unlikely victory against their deadly pet that they nurtured covertly.

Both the British and Canadian governments alike play politics at Sri Lanka’s expense. Canadian Conservative Party leader Pierre Poilievre recently stated that he would lead the world in seeking prosecutions in international courts of the Rajapaksas and other “criminals” who have persecuted the Tamil people. Influential groups of Sri Lankans of Tamil origin are represented in both the UK and Canadian parliaments.

Poilievre, whose party is widely expected to win the election, was speaking at the ‘Harvest of Hope’ event in Toronto on 18 January, marking Thai Pongal and Tamil Heritage Month. Obviously, the Conservative Party leader seems to be confident that he could win over Canadians of predominantly Sri Lankan Tamil origin at the October parliamentary elections.

Poilievre sought to appease the Tamil Canadians close on the heels of Premier Justin Trudeau’s announcement that he would resign after a successor is chosen. Rightwing Poilievre, early last year, declared he would seek to prosecute Sri Lanka at the International Court of Justice (ICJ) and appoint lawyers to pursue charges against Lankan “war criminals” in international criminal courts.

However, the Conservative Party wouldn’t find it easy to entice Tamil Canadians as during Trudeau’s 10-year premiership, when Canada went out of its way to attack Sri Lanka. The Liberal Party, under Trudeau’s leadership, humiliated war-winning Sri Lanka at any given opportunity.

Recently, the Canadian media quoted Trudeau as having said: “I intend to resign as party leader, as Prime Minister, after the party selects its next leader through a robust nationwide competitive process.” Whoever replaces Trudeau will continue hostile policy towards Sri Lanka. One-time central banker Mark Carney and former Deputy Prime Minister Chrystia Freeland are in the fray. The Liberal Party is scheduled to announce the winner on 09 March.

All political parties represented in the Canadian Parliament, in May 2022, unanimously and arrogantly agreed that Sri Lanka perpetrated genocide during the war against the LTTE. On the basis of that unsubstantiated decision that had been endorsed by both Liberal and Conservative Parties, the Canadian Parliament recognized 18 May as the Tamil Genocide Remembrance Day. These overwhelmingly white accusers, however, forget the fact that like all of Americas, Canada, too, was established by committing numerous acts of genocide against its first citizens. And, to this day, they continue to perpetrate such acts with impunity. Such pale faces, with so much innocent blood on their hands, have the audacity to accuse small countries, like Sri Lanka, that refused to yield to terrorists, who were subtly supported by them, the same way they back even Islamic terrorists when it suits them as we clearly saw in Syria for example.

Sri Lanka brought the war to a successful conclusion on May 18, 2009 though LTTE leader Velupillai Prabhakaran was only killed on the banks of the Nanthikadal lagoon at the dawn of the following day as his surviving band tried to breakthrough security forces lines.

What the Conservative Party Leader Poilievre could do to outdo Trudeau who had glorified Prabhakaran’s macabre project by targeting some Sri Lankan leaders responsible for eradicating the LTTE terrorism?

Over the years, those who had received Canadian citizenship, as well as others awaiting same, funded the LTTE as it killed and maimed thousands of Sri Lankans. Obviously, both Liberals and Conservatives, as well as other political parties, represented in Canadian Parliament, have conveniently forgotten thousands of Tamils killed by the LTTE. Canadian political parties are also silent on the origins of terrorism in Sri Lanka that may have claimed the lives of as many as 70,000 people. The dead included 1,300 Indian soldiers, members of rival Tamil terrorist groups, several dozens of politicians, like President Ranasinghe Premadasa as well as one-time Indian Premier Rajiv Gandhi, among many others.

Canadian political parties have bent backwards to appease Tamil Canadian voters. With their eyes on the still growing significant number of Tamil Canadian votes, they haven’t at least bothered to examine why Sri Lanka took on the separatist conventional military challenge. Canada never realized the need for a negotiated political settlement in Sri Lanka as long as the LTTE wielded conventional military power. Had the LTTE overwhelmed Sri Lankan military, Canada would have been one of the first countries to congratulate the triumph of terrorism here. That is the reality.

Fortunately, by the time Trudeau received the Liberal Party leadership in 2013, and became the Premier in late 2015, more than four years after Sri Lanka brought the LTTE to its knees, called “the deadliest terrorist group” even by the Federal Bureau of Investigation, was not in a position to resurrect its military. In other words, once considered invincible by so-called experts, had been truly defeated. Canada, like many other like-minded countries, responded with shock and dismay at the way the LTTE collapsed after having vowed to defeat the military.

Sri Lanka created history by eradicating the LTTE militarily. Sri Lanka’s triumph dispelled the myth spread by interested parties that our armed forces were incapable of defeating a major terrorist group with conventional fighting means, like the Tigers.

Tamil electorate on a new path

Eradication of the LTTE is no longer a major issue at national or lower level elections in Sri Lanka. Anura Kumara Dissanayake’s superlative performance in the Northern and Eastern regions, at the last presidential and parliamentary elections in Sept. and Nov., last year, respectively, proved that predominantly Tamil electorates couldn’t be significantly influenced by post-war issues.

Regardless of much touted accountability issues and assurances to pursue the Geneva agenda, Tamil parties failed to garner the required support of the Tamil electorate. They overwhelmingly voted for Tamil candidates fielded by the National People’s Front (NPP) at the general election and thereby inflicted unprecedented defeat on the Illankai Thamil Arasu Kadchi (ITAK).

Finally, the JVP-led NPP won all the Northern and Eastern electoral districts. The Tamil-speaking people declared beyond doubt that they wanted to move ahead and not be entrapped in the past. They obviously realized that a politically motivated high profile Western campaign against Sri Lanka is not meant to help restore their shattered lives but play politics with an issue. Those who cannot stomach Sri Lanka’s triumph over terrorism still want to haul up the war-winning country before international criminal courts. However, ITAK, and smaller Tamil political parties, have now realized that accountability issues do not attract voters. Over 17 years after the end of the war, young voters, in no uncertain terms, had indicated that they aren’t interested in pursuing a political agenda, based on accountability issues.

Earlier, the ITAK-led Tamil National Alliance (TNA) wholeheartedly represented the LTTE interests.

Perhaps, the NPP, too, has realized that its often repeated promise to release political prisoners is irrelevant. Even if the NPP wanted to release some to deceive the people, no such prisoners are held by the government. There are only a handful of Tamil convicts and few others held in terms of the PTA (Prevention of Terrorism Act). The convicts are responsible for major attacks and high profile assassinations. Actually political prisoners are nothing but a non-issue and those demanding their release from detention are only fooling themselves.

It is high time Tamil political parties give up their primary strategy revolving around accountability issues. Having received the LTTE’s backing both in and out of Parliament at the outset of Chandrika Bandaranaike Kumaratunga’s second term, the ITAK is now struggling to come to terms with unfavourable situations in the North.

Failure on the part of M.A. Sumanthiran, PC, to retain his Jaffna district seat, meant that the ground situation had changed drastically. That was nothing but a severe warning issued not only to Sumanthiran but to all Tamil politicians who have been essentially advancing an accountability agenda like a beggar’s wound. However, Canada appeared to have failed to recognize the changing situation on the ground. Perhaps, the Canadian High Commission (CHC) should re-examine post-national election developments closely. The CHC should wait till the conclusion of the Local Government polls early this year to carry out reassessment as at least a section of the Tamil electorate may switch their allegiance back to the ITAK.

But, the writer is of the view that dynamics have changed and those genuinely concerned about the wellbeing of the Tamil people shouldn’t depend on accountability issues to promote political agenda. In fact, having played ball with the LTTE throughout the war and backed Prabhakaran’s decision to indiscriminately use hapless Tamil civilian human shields on the Vanni east front, the ITAK should be investigated for its culpability for war crimes. The ITAK had no shame at all as it fully cooperated with the LTTE’s despicable strategies. Today, the ITAK wouldn’t dare to mention that it recognized the LTTE in 2001 as the sole representative of the Tamil speaking people. Of course that was done at gunpoint. The late R. Sampanthan had no choice but to cooperate with Prabhakaran’s strategy meant to build a political front subservient to them.

Canada had no qualms in mollycoddling the ITAK in spite of that political party endorsing recruitment of child soldiers. The highpoint of the LTTE-ITAK/TNA relationship was the engineering of Ranil Wickremesinghe’s defeat at the 2005 Nov. presidential election that paved the way for Mahinda Rajapaksa’s victory, resumption of war in August 2006 by the LTTE and its decimation militarily by the armed forces.

Canada seeks Tamil Canadians support

Against the backdrop of the 2015, 01 Oct. Geneva Resolution that had been treacherously backed by the then Sri Lankan government, headed by Maithripala Sirisena, and Ranil Wickremesinghe as the President and Prime Minister, Canada took a series of measures to step up pressure on the war-winning country. In May 2022 Canada publicly announced that Sri Lanka perpetrated genocide. Trudeau dismissed Sri Lanka’s protests though Ottawa didn’t have absolutely anything to back its extremely politically motivated claims. Shame on Canada and its Premier.

It would be pertinent to mention that Premier Stephen Harper’s Conservative government, too, couldn’t stomach Sri Lanka’s triumph over terrorism. In fact, both Conservatives and Liberals competed with each other to censure Sri Lanka. They felt Canadians of Sri Lankan origin could be easily won over by censuring Sri Lanka.

In May 2014, the Canadian High Commission in Colombo asked the writer whether The Island could publish a hard-hitting statement issued by the then High Commissioner Shelley Whiting prominently ahead of Sri Lanka’s Victory Day parade. The writer, in his capacity as the News Editor of The Island, gave the HC an assurance that regardless of what Whiting had to say it would receive front-page coverage. The HC wanted to know whether any sections would be deleted. Assurance was given that it would be carried, sans any alterations. As promised The Island carried the Whiting’s statement that challenged President Mahinda Rajapaksa’s decision to celebrate the country’s triumph over terrorism.

Whiting, who had served at their Kabul mission prior to being posted to Colombo, declared that Canada wouldn’t be represented at the Victory Day parade that was to be held in Matara on May 18, 2014. In spite of proscribing the LTTE and the World Tamil Movement in 2006 and 2008, respectively, funds flowed to the LTTE. The LTTE couldn’t have sustained conventional fighting for over two decades without uninterrupted funding from the West. Canada remained a major source of funding until the very end when the Sri Lankan military decimated the LTTE militarily in a series of operations on the Vanni east front.

Having won the 2015 presidential election, Maithripala Sirisena, in consultation with Premier Ranil Wickremesinghe, cancelled the Victory Day parade. Canada must have been thrilled. Whiting’s condemnation of the military celebration was the only instance a foreign government called for the ending of the annual event held to mark a worthy victory clinched against so many odds.

In Oct. 2015, treacherous Yahapalana leadership (UNP-SLFP combine) co-sponsored a US-led accountability resolution against the Sri Lankan military. There hadn’t been a previous instance of any country moving/backing a resolution targeting its own armed forces and political leadership at the Geneva-based United Nations Human Rights Council (UNHRC).

In May 2022 Canada declared Sri Lanka perpetrated genocide. In early January 2023, Ottawa sanctioned former presidents Mahinda Rajapaksa, Gotabaya Rajapaksa, Staff Sergeant Sunil Ratnayake and Lieutenant Commander Chandana Prasad Hettiarachchi. Both Ratnayake and Hettiarachchi had been earlier sanctioned by the US, one of the worst human rights offenders, for committing what it called serious crimes.

Interestingly, no Western government has so far sanctioned war-winning Army Chief Field Marshal Sarath Fonseka though a number of senior officers, including General Shavendra Silva (US) and Maj. Gen. Chagie Gallage (Australia). The US threw its weight behind Fonseka at the 2010 presidential election. Having accused Fonseka’s Army of murdering thousands of Tamils, the LTTE proxy Tamil National Alliance (TNA) formed an alliance with the UNP and the JVP to defeat Mahinda Rajapaksa. Their project failed pathetically as the electorate inflicted a massive defeat on the celebrated Sinha Regiment hero. The drubbing was such Mahinda Rajapaksa polled over 1.8 mn votes more than Fonseka.

In the absence of cohesive policy on the part of Sri Lanka in countering unsubstantiated war crimes accusations, Western powers pursued an agenda inimical to Sri Lanka. The idea was to push Sri Lanka to offer a political package that addressed Tamils’ aspirations. In other words, Western powers wanted Sri Lanka to grant what the LTTE couldn’t secure through terrorism driven war.

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Midweek Review

It reeks in the Palk Bay!

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A group of Indian fishermen arrested in Sri Lankan waters for illegal fishing

A shooting involving Indian fishermen and Sri Lanka Navy personnel within the island’s territorial waters, and injuries sustained in apprehending the poachers is in the news, yet again. And as is often the case in these countless and never-ending confrontations and competing claims and counter claims in state rituals, we have two versions of the event. But one thing is indisputable: Indian fishermen had entered Sri Lankan waters illegally and thereby came within the jurisdiction of the island nation’s laws and legal apparatuses including interventions by its navy.

Naval action followed by competing statements by India and Sri Lanka are mere state rituals that have not been able to address long-standing practices that pre-existed the formation of nation-states. For the longest time, when national identities, citizenship, and maritime borders did not exist in the legal sense we understand them today, what we now call Sri Lankan and Indian fishermen waded undeterred into each other’s waters and engaged in fishing to their hearts’ content. They even lingered for extended periods of time in each other’s lands during specific fishing periods. I recall engaging in a conversation at the turn of the century with one such fisherman from South India who had decided to settle in Chilaw long ago. In his case and that of many of his comrades at the time, it was a matter of marrying into the Sinhala speaking fisher families. Over time, these people blended into local communities. At the height of these activities and even after both India and Sri Lanka gained independence, the long arm of the nation-states’ laws and national interests did not intervene in such activities beyond a point. But this changed as nation-states evolved into what Ashish Nandi has called ’garrison states’, militarised borders were drawn and bodies of laws developed governing cross-border travel.

Notwithstanding national borders and the associated practices of statecraft and competing nationalisms, fishermen in the two neighbouring countries have continued to wade into each other’s waters consciously disregarding what is known as the International Maritime Boundary Line (IMBL) due to its invisibility. Such border violations are often deliberate and a matter of routine because fishermen often get away with this infringement. However, the kind of intrusion followed by violence now in the news is not the norm, but the exception.

In a statement issued on 28 January 2025, India’s Ministry of External Affairs noted that “an incident of firing by the Sri Lankan Navy during the apprehension of 13 Indian fishermen in the proximity of Delft Island was reported in the early hours of this morning.” It further noted, that “out of the 13 fishermen who were on board the fishing vessel, two have sustained serious injuries and are currently receiving treatment at the Jaffna Teaching Hospital.” But the statement from the Sri Lanka Navy differs in important details. It notes that Sri Lanka’s “Northern Naval Command observed a cluster of Indian fishing boats poaching in the Sri Lankan waters off Valvettithurai, Jaffna in the dark hours of 27 Jan 25.” This location is much closer to the Sri Lankan coast than what the Indian statement claims, yet it is evident from both statements that the incident took place well within Sri Lanka’s territorial waters. This discrepancy in the statements is intriguing as the two locations are approximately 62.4 km apart. Interestingly, the contested island of Kachchatheevu is 22.4 km from Delft, the location given in the Indian statement, and 84.7 km from Valvettithurai. Therefore, a careful reader may not be faulted in wondering if locating the scene closer to Kachchatheevu is deliberate, given that the island is a bone of contention between the two countries.

The Navy statement further states, “subsequently, the Northern Naval Command mounted a special operation to send away those fishing boats from the island waters, deploying naval craft. During this operation, the Navy seized an Indian fishing boat [that] continued to remain in Sri Lankan waters, while marshalling illegal fishing activities and collecting the fishing harvest. The operation also led to the apprehension of 13 Indian fishermen aboard the fishing boat.”

For Sri Lanka, this is not merely an accident that can be wished away as the somewhat clinical Indian statement does. It goes beyond protecting the maritime borders of the country, to preserving a crucial source of livelihood of many people in northern Sri Lanka and other parts of the island. It is both a bread-and-butter issue as it is a matter of national interest. Therefore, the Sri Lanka Navy has acted precisely in the manner that it should, as is expected and is within its mandate. Is it also not ironic that the bleeding hearts of southern Indian politicians who are up in arms about the so-called discrimination and abuse of their Tamil brethren in Sri Lanka by its government, seem to turn bone dry when their constituent fishermen callously plunder the resource-rich fertile waters of Sri Lanka, thereby remorselessly depriving their Tamil brothers and sisters of their livelihood.

The Sri Lankan statement further notes, “the Sri Lanka Navy boarding team was compelled to conduct noncompliance boarding as the Indian fishing boat continued to maneuver aggressively, without complying with the Navy’s lawful orders and its duty, during the process of taking the boat into custody. On this occasion, the Indian fishermen have acted aggressively, maneuvering their fishing boat in a hostile manner and behaving confrontationally with the Navy. However, while boarding the fishing boat in accordance with the authority vested in the Navy, the Indian fishermen, as an organized group, have attempted to assault naval personnel and made an attempt to snatch a firearm from a naval officer, endangering the lives of the naval personnel. In the process, an accidental fire has taken place, causing slight injuries to two Indian fishermen.” So unlike in the Indian statement which refers to ‘serious injuries’ the Sri Lankan statement refers to ‘slight injuries.’

What is seen here is not a deliberate act of shooting as the Indian statement and much of the Indian reporting on the incident insinuates, but an accident that has occurred due to the aggression and unlawful behaviour of Indian fishermen in a location in the sovereign territory of another country, they had no business of being in, in the first place. Intriguingly, none of these details are present in the Indian statement. It merely says that in addition to lodging a ‘strong’ complaint against the incident with the Acting High Commissioner in Delhi and the Sri Lankan Ministry of Foreign Affairs, “government of India has always emphasized the need to treat issues pertaining to fishermen in a humane and humanitarian manner, keeping in mind livelihood concerns. The use of force is not acceptable under any circumstances whatsoever. Existing understandings between the two Governments in this regard must be strictly observed.”

India’s Ministry of Externa Affairs lodging a complaint with our Acting Hish Commissioner in Delhi and a similar complaint being made by its High Commission to our Foreign Ministry is the height of absurdity. While our Foreign Ministry and missions may be numb to such action, we should be mindful that the main infraction — Indian poaching — happened in our waters and therefore comes under the jurisdiction of Sri Lankan laws, in the dispensation of which accidents can also happen.

In any case, this statement itself may seem well articulated in the lofty corridors of performative and orchestrated diplomacy and the Indian Ocean conference circuit. But it makes little sense beyond as an example of excessive verbosity in the real world of cross-border poaching and naval action in the darkness of the night involving aggressive culprits and the threatened livelihoods of citizens of a sovereign country. Besides, it was just over six months ago that a young Sri Lankan sailor brutally met his end because of the aggressive manoeuvering of an Indian trawler in Sri Lankan waters. Therefore, these statements are naught but mere rhetoric, of no use to the Sri Lankan fishermen who — through no fault of their own — have to bear the brunt of Indian infractions and incursions into their bread-basket.

What is obvious in these rituals of statecraft is the woeful absence of proactive action on the part of Sri Lanka. If India can summon our Acting High Commissioner to their Ministry of External Affairs and lodge a ‘strong’ complaint over an accident stemming from an illegal Indian activity that took place in our waters, did our Foreign Ministry summon the Indian High Commissioner to protest against his compatriots illegally and perpetually entering our waters, behaving aggressively towards our navy and depriving a section of our citizens of their only livelihood? Did our Foreign Ministry ask him why they have opted to report basic facts wrong in their statement? Silence in such situations is not only extremely dangerous but also smacks of pusillanimity. This kind of institutionalized timidity on the part of Sri Lanka does not augur well for the country at the time we are celebrating our supposed ‘Independence,’ and is also counterintuitive to the notion of national interest.

This general lack of intent towards meaningful action is also evident in the Joint Statement of 16 December 2024, issued during President Anura Kumara Dissanayaka’s visit to India which states that “acknowledging the issues faced by fishermen on both sides and factoring in the livelihood concerns, the leaders agreed on the need to continue to address these in a humanitarian manner. In this regard, they also underscored the need to take measures to avoid any aggressive behaviour or violence. They welcomed the recent conclusion of the 6th Joint Working Group Meeting on Fisheries in Colombo. The leaders expressed confidence that through dialogue and constructive engagements a long-lasting and mutually acceptable solution could be achieved. Given the special relationship between India and Sri Lanka, they instructed officials to continue their engagement to address these issues.” Here, the omission of any reference to the destructive bottom-trawling fishing method is conspicuous by its stark absence. It is indeed unfathomable that the Sri Lankan team did not insist on the inclusion of this critical reference in the statement.

Rampantly used by Indian fishermen, bottom-trawling disrupts the seabed, marine ecosystem and biodiversity of the Palk Bay, while boosting India’s seafood exports and yielding high profits while destroying the Sri Lankan fishermen’s livelihoods. For this reason, Sri Lanka banned bottom-trawling in 2017. However, none of these are in the Joint Statement of 16 December 2024 or the Sri Lanka Navy statement of 28 January 2025, and have also not been taken up with the Indian High Commissioner in Colombo. This is not only a failure of Sri Lankan foreign policy in action but also a complete compromise of our country’s national interest.

In this context, the real culprits in the failure to resolve the problem definitively are the leaders of the Indian and Sri Lankan states — politicians and bureaucrats alike. Why has technology not been resorted to more thoughtfully in this situation where the required technology actually exists? For the longest time, both sides have been waxing eloquent about attaching non-tamperable and permanently switched-on transponders to fishing boats which will inform the Navies or Coast Guards of the two countries when maritime border violations take place. As a technologically advanced country, India has the higher capacity to produce the required innovative mechanisms and tools for this purpose that can be used in both countries for mutual benefit. Bilateral collaboration of this nature can actually bear fruit rather than the hollow discourses of rhetorical diplomacy and statecraft.

For India, these issues are important only insofar as they resonate with Tamil Nadu politics and therefore possible vote banks. In reality, it is never about the lives or livelihoods of poor South Indian fishermen or their confiscated properties. For Sri Lanka, it is a matter of ill-defined sovereignty and the livelihood of a significant section of the people in the north. At the same time, this unfolds in a situation where the Sri Lankan Navy is unable to patrol the country’s maritime borders effectively, a known fact which Indian fishermen exploit as a matter of routine.

If both countries are adequately serious beyond issuing mere statements after the fact, these incursions are easily stoppable. However, once the technology is put in place as a matter of law, both countries must enforce them to the letter, and patrol the borders more effectively. But, pending the fruition of such law, Indian fishermen, cannot be allowed to plunder Sri Lankan resources. It is also high time, the Sri Lankan government, with the kind of overwhelming mandate it has received from the people, make it very clear to the Indian state that endless incursions into our territorial waters and ravishing of the country’s natural resources can no longer be tolerated. And if legitimate deterrence is to be used in protecting our borders and resources as do all sovereign states including India, so be it. This is the minimum we expect from our government in its pursuit of our national interest.

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Midweek Review

The Teen Mum Question

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By Lynn Ockersz

Into the shadows of shame,

Is the Teen Mum slinking,

Now that the seed in her womb,

Which she didn’t aim at planting,

Is almost close to ripening,

Rendering her heavy with child,

But judge her not in haste,

And go for the First Stone,

For, she’s a hapless victim,

Of an education needing updating,

With a knowledge of do’s and don’ts,

On the question of human mating,

And going into ‘proud independence’,

May this issue be taken up for discussing.

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