Connect with us

Features

Citizen entitled to claim just governance from rulers

Published

on

Nihal Seneviratne presenting a copy of his book to former Speaker Karu Jayasuriya. Also in the picture are Prof. Savithri Gunasekera, DEW Gunasekera and Eran Wickremarathne. Pic by Tushara Atapattu

by Savitri Goonesekere

(Speech delivered at the launch of Nihal Seneviratne’s Memories of 33 years in Parliament)

We meet this evening at the launch of a book which is the autobiography of a distinguished public servant, Mr. Nihal Seneviratne. The Sinhala translation of “public servant” is “rajaye niladhari,” or “government servant.” In this book, “Memories of 33 Years in Parliament,” Mr. Seneviratne records and shares his experience as HOLDER of high public OFFICE in our Parliament for over three decades, rather than as a “rajaye niladahari” or SERVANT of different GOVERNMENTS. So Nihal Seneviratne’s autobiography tells us that he was a “PUBLIC SERVANT,” working in an important public institution, that is one of the key pillars of governance in our country.

This is important to note, because today, government politicians elected to office by the People claim to be “in power,” and public servants in general believe that they are dis-empowered servants of politicians. This encourages politicians to abuse power and reject their responsibilities to the People when holding office. Officials then become the scapegoats for poor governance, even when politicians have abused their office, and are responsible under the law and Constitution for poor governance. This is one of the many factors that has contributed to the greatest economic and political crisis of our post-independence history. Our public institutions in governance, derived from fundamental and core values on Parliamentary Democracy, are being challenged as never before, in island wide, peaceful, street protests.

Dr Pethiyagoda in his presentation this evening has shared his perspective on these street protests. He is a distinguished scientist. I am a lawyer. I tend to see these protests very differently. They are, I think, a strident and articulate voice, reflecting disenchantment with both institutions of governance, and people who hold high public office. A collective voice of citizens, across race, religion, and class, many of them a new generation of young people, are demanding systemic and institutional changes in governance.

They want government that does not legitimize abuse of power, corruption, fiscal profligacy, and mismanagement, but is accountable to the People who placed them in high office. They are protesting the proven failures in governance of recent, especially post war decades. They are demanding profound changes to address this reality, that has been ignored by us all, for too long.

This is no time to follow the usual practice of resting on our past laurels and referring to Sri Lanka as the pride of South Asia, for its indicators in areas like access to health and education. I do agree with Dr Pethiyagoda that our experiment with democratic governance in 74 years has not always been a failure. Nihal Seneviratne’s book, launched this evening, brings to us a voice from a different past. Yet it also challenges us to recognize and address the current realities of our country, and the decline in democratic governance. Nihal Seneviratne’s book is not just an interesting personal biography. His record of memories of 33 years of work in parliament has I think, historical and practical relevance for us, in these dark times.

The book provides important reflections on how Parliament can, and should, conduct its business, as a functional rather than a dysfunctional institution, striving to deliver on the responsibilities of good governance. The author’s work also highlights a simple truth that we often ignore- that there were, there can be, and there will be Sri Lankans who hold public office with personal integrity, dignity, and commitment to fulfill the responsibilities of high office, that we as citizens and tax payers have placed upon them. Their contribution is an indispensable aspect of governance that fulfills the need for “Yahapalanaya,” that is accountable to the People.

On a personal note, I discovered from the pages of this book that I have been right to follow in the author’s mother’s footsteps, calling him Nihal. We all know that even when he held high office he carried that other name of baptism at Royal College., which linked so neatly and happily to Srima’s famous entrepreneur family. Srima is a friend from my salad days, and Nihal a former student and friend of my husband, Senior Attorney RKW Goonesekere. We were the first generation of the Kannangara “nidhahas adyapana labee.” We experienced the luxury of what Nihal describes in this book as “carefree and fulfilling years” in a stunningly beautiful campus, in an internationally renowned University of Ceylon, Peradeniya.

That residential learning environment helped us forge bonds of friendship of a lifetime, across race, religion, social class, disciplines, and age, an invaluable legacy in our diverse and plural society. Nihal’s moorings and values, a love of books and the liberal arts, mentioned in the pages of this work, gave him something more than the “soft skills” touted today, as an add on for good management, in our hyper technology focused work environment. The book captures the tact and courtesy used in handling tough politicians, and the collegiate environment Nihal tried to create in interaction with both his superiors and subordinates.

It is clear that this impacted to resolve conflicts, and created a team spirit for work within the Secretariat. The Peradeniya environment also nurtured and created a culture, linking professional and personal relationships. This saw Nihal drop in casually at our home for a conversation with his guru- my husband. And the conversation flowed easily from an erudite discussion of Standing Orders of Parliament in a controversial impeachment, to happenings in the “Loyal to Royal” boy’s club, and Peradeniya University’s Arunachalam Hall.

Nihal records in this book a comment by President JR Jayewardene when Parliament moved to its new home in Kotte. Parliament was, he said, to be a “temple of democracy where members have a responsibility to conduct themselves for the welfare of the many, including generations yet to come.” How ironical that this is exactly what citizens, including the millenial generation, are demanding today, from Members of Parliament, as their guaranteed rights. Yet Parliament, near the beautiful environs of the Diyawanna Oya, is now associated in the public mind with raucous, adversarial, senseless and rambling arguments. Rarely do we witness intelligent informed discussion and debate, on issues of urgent public concern.

Sometimes we are fortunate to have Members of Parliament like Mr Eran Wickremeratne, present with us this evening, who break the mould, and fulfill their responsibilities to us citizens, in debates on the floor of the House. Mr Karu Jayasuriya, who is also with us, responded as Speaker with wisdom, courage and dignity to the shameful incidents in Parliament during the Constitutional crisis of 2018. Nihal Seneviratne’s book records another reality, where Parliament functioned very differently. It provides us with insights on lost Parliamentary procedures and practices, and will hopefully encourage change, but with an appreciation of the need to revive positive past traditions.

I am sure that readers will appreciate the “insider” information Nihal provides on some critically important and historical events, so relevant for today. He writes of Mrs. Bandaranaike’s loss and re-acquisition of civic rights, a No Confidence Motion won by one vote, that led to the fall of her government. He writes on a failed assassination attempt, a failed impeachment motion against a President, and conflict between Parliament and senior journalists, called to account for their alleged breach of Parliamentary privilege.

Nihal provides insights on how the Speaker, he and his staff responded, focusing constantly on understanding and implementing Parliament’s rules and procedures, so as to give clarity and coherence to decision making. Being faulted for not doing so, and being called to account, was considered part of the responsibilities of office, and adherence to a system put in place, to ensure respect for the Rule of Law. Some of the events described were connected to litigation in the Supreme Court. My husband appeared for Lalith Athulathmudali in the case in which he challenged expulsion from his party, and loss of his seat in Parliament. We know how jurisprudence in the courts has shaped the response to the now infamous cross overs by Parliamentarians.

The book has profiles of public figures, perhaps lost to a new generation. They are chosen selectively, in recording memories of Nihal’s personal interaction with them. Some of the “greats” featured are from what an older generation we knew as the “old left,” that inspired in particular young citizens. These persons were very different from those parliamentarians of the “pseudo old left” of later decades. Nihal profiles briefly NM Perera Dr. Covin R de Silva, Dr. SA Wickremesnghe and Sarath Muttetuwegama. Also some politicians of the liberal right– Lalith Athulathmudali. Mangala Moonesinghe, Karu Jayasuriya and Shelton Ranaraja. The wit and intellectual sharpness outside and on the floor of the House, reminds us that our Parliament was indeed a very different place.

So Nihal, thank you for overcoming your usual modesty and for being “reluctantly persuaded ” to record your experiences in three decades of a working life, within one of the most important public institutions of our country. Our Constitution concludes its text with a much loved Buddhist stanza in Pali. I sometimes wonder whether our Parliamentarians have read, understood, and reflected upon its content, though it is frequently recited at ceremonial events they attend.

This reads:

“Devo vassathu kalena

(May the rains fall in season)

Sassa sampatti hothu ca

(May there be a good harvest)

Phito bhavatu loco ca

(May there be well being for all the People of the world)

Raja bhavatu dhammiko

” (May the Ruler be righteous)

This is surely as succinct a statement, of what we as citizens are entitled to claim from politicians, and those like you, Nihal who held high public office, to help achieve governance that is accountable to the People. You have recognized, in the pages of this book, that you were not given “power,” but “placed in a high “office, that brought with it duties and responsibilities . Let us hope that we can all learn from past experiences, recognize the failures of governance in this country, and introduce essential modifications and changes to rebuild our nation, from the abyss that has impacted all our lives.

If we can face that challenge, this Pearl of the Indian Ocean, Serendib, Paradise Isle, described as “a Land without Sorrow ” in antiquity, our Sri Lanka, will become a country that delivers on the promise of accountable governance, for the well-being of all our People. Perhaps we should recall at this time the words of SWRD Bandaranaike at the ceremonial opening of our first Parliament in 1948. He said:

“No People can live on memories alone. It is equally true that history often provides a source of both strength and inspiration to guide them in the future. It is only against the background of the past that the present and the future can be viewed in their correct perspective.”

Memories of 33 years in public service, in an important public institution, Parliament, like those Nihal Seneviratne has shared with us, can be a resource for analysis of current realities. It can also help us I think to “chart a new path, and leave a trail.”



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Thomians triumph in Sydney 

Published

on

Nothing is happening for us, at this end, other than queues, queues, and more queues! There’s very little to shout about were the sports and entertainment scenes are concerned. However, Down Under, the going seems good.

Sri Lankans, especially in Melbourne, Australia, have quite a lot of happenings to check out, and they all seem to be having a jolly good time!

Trevine Rodrigo,

who puts pen to paper to keep Sri Lankans informed of the events in Melbourne, was in Sydney, to taken in the scene at the Sri Lanka Schools Sevens Touch Rugby competition. And, this is Trevine’s report:

The weather Gods and S.Thomas aligned, in Sydney, to provide the unexpected at the Sri Lanka Schools Sevens Touch Rugby competition, graced by an appreciative crowd.

Inclement weather was forecast for the day, and a well drilled Dharmaraja College was expected to go back-to-back at this now emerging competition in Sydney’s Sri Lanka expatriate sporting calendar.

But the unforeseen was delivered, with sunny conditions throughout, and the Thomians provided the upset of the competition when they stunned the favourites, Dharmaraja, in the final, to grab the Peninsula Motor Group Trophy.

Still in its infancy, the Sevens Touch Competition, drawn on the lines of Rugby League rules, found new flair and more enthusiasm among its growing number of fans, through the injection of players from around Australia, opposed to the initial tournament which was restricted to mainly Sydneysiders.

A carnival like atmosphere prevailed throughout the day’s competition.

Ten teams pitted themselves in a round robin system, in two groups, and the top four sides then progressed to the semi-finals, on a knock out basis, to find the winner.

A food stall gave fans the opportunity to keep themselves fed and hydrated while the teams provided the thrills of a highly competitive and skilled tournament.

The rugby dished out was fiercely contested, with teams such as Trinity, Royal and St. Peter’s very much in the fray but failing to qualify after narrow losses on a day of unpredictability.

Issipathana and Wesley were the other semi-finalists with the Pathanians grabbing third place in the play-off before the final.

The final was a tense encounter between last year’s finalists Dharmaraja College and S.Thomas. Form suggested that the Rajans were on track for successive wins in as many attempts.  But the Thomians had other ideas.

The fluent Rajans, with deft handling skills and evasive running, looked the goods, but found the Thomian defence impregnable.  Things were tied until the final minutes when the Thomians sealed the result with an intercept try and hung on to claim the unthinkable.

It was perhaps the price for complacency on the Rajans part that cost them the game and a lesson that it is never over until the final whistle.

Peninsula Motor Group, headed by successful businessman Dilip Kumar, was the main sponsor of the event, providing playing gear to all the teams, and prize money to the winners and runners-up.

The plan for the future is to make this event more attractive and better structured, according to the organisers, headed by Deeptha Perera, whose vision was behind the success of this episode.

In a bid to increase interest, an over 40’s tournament, preceded the main event, and it was as interesting as the younger version.

Ceylon Touch Rugby, a mixed team from Melbourne, won the over 40 competition, beating Royal College in the final.

Continue Reading

Features

Marked stress on Asia in US foreign policy

Published

on

US President Joe Biden disembarks Air Force One as he arrives at the Osan Air Base in Pyeongtaek, South Korea May 20, 2022

US President Joe Biden’s recent tour of some Asian powers is indicative of a renewed and enhanced interest the US is beginning to take in the Indo-Pacific region. In this his first Asian tour the President chose to visit Japan and South Korea besides helming a Quad meeting in Tokyo and there is good reason for the choice of these venues and engagements.

The first phase of these bridge-strengthening efforts by the US began in late August last year when US Vice President Kamala Harris visited South-east Asia in the wake of the US troop withdrawal from Afghanistan. Besides being driven by strong economic compulsions, the US intention was also to ensure that too much of a power vacuum did not open up in the region, following its pull-out from Afghanistan, since China’s perceived expansionist designs are a prime foreign policy concern of the US.

However, the US President’s recent wide-ranging tour of East Asia seems to have been also prompted by some currently intensifying trends and tensions in the wider stage of international politics though the seeming power vacuum just referred to has a significant bearing on it. The immediate purpose of the US President’s tour seems to have been to bolster his country’s backing for Japan and South Korea, two of the US’ closest allies in East Asia. This is necessitated by the ‘China threat’, which, if neglected, could render the US allies vulnerable to China’s military attacks on the one hand and blunt US power and influence in the region on the other.

While Taiwan’s airspace has reportedly been frequently violated by China, sections in Japan have reasons to be wary of perceived Chinese expansionist moves in Japan’s adjacent seas. Moreover, many of China’s neighbours have been having territorial disputes with China, which have tended to intensify the perception over the decades that in the Asian theatre in particular China is a number one ‘bogey’. For historical reasons, South Korea too has been finding the increasing rise of China as a major world power considerably discomforting.

Accordingly, the US considers it opportune to reassure South-east Asia in general and its allies in the region in particular of its continuous military, economic and political support. Though these are among the more immediate reasons for Biden’s tour of the region, there are also the convulsions triggered in international politics by the Russian invasion of Ukraine to consider.

Whereas sections of international opinion have been complacent in the belief that military invasions of one country by another are things of the distant past, the brutal Russian invasion of Ukraine in February this year proved them shockingly wrong. We have the proof here that not all authoritarian rulers are prepared to adhere to the international rule book and for some of China’s neighbours the possibility is great of their being attacked or invaded by China over the numerous rankling problems that have separated them from their economic super power neighbour over the decades. After all, China is yet to condemn Russia’s invasion of Ukraine and is increasingly proving an ‘all weather friend’ of Russia. Right now, they are the strongest of allies.

The ‘China threat’ then is prime among the reasons for the US President’s visit to East Asia, though economic considerations play a substantive role in these fence-strengthening initiatives as well. While South-east Asia is the ‘economic power house’ of the world, and the US would need to be doubly mindful of this fact, it would need to reassure its allies in the region of its military and defense assistance at a time of need. This too is of paramount importance.

President Biden did just that while in Tokyo a couple of days back. For instance, he said that the US is ‘fully committed to Japan’s defense’. Biden went on to say that the ‘US is willing to use force to defend Taiwan.’ The latter comment was prompted by the perceived increasing Chinese violations of Taiwan’s air space. After all, considering that Russia has invaded Ukraine with impunity, there is apparently nothing that could prevent China from invading Taiwan and annexing it. Such are the possible repercussions of the Russian invasion.

Meanwhile, North Korea is reportedly carrying on with its development of weapons of mass destruction, including nuclear weapons. On this issue too, South Korea would need to have US assurances that the latter would come to its defense in case of a North Korean military strike. The US President’s visit to South Korea was aimed at reassuring the latter of the former’s support.

However, as mentioned, economic considerations too figured prominently in the US President’s South-east Asian tour. While being cognizant of the region’s security sensitivities, bolstering economic cooperation with the latter too was a foremost priority for the Biden administration. For example, the US is in the process of formalizing what has come to be referred to as the Indo-Pacific Trade Treaty. The US has reportedly already inducted Japan and South Korea as founding members of the Treaty while, Thailand, the Philippines, Vietnam, Singapore, Australia and New Zealand are mentioned as prospective members to the treaty.

The perceived threat posed to Western interests in South-east Asia by China needs to be factored in while trying to unravel the reasons for this region-wide endeavour in economic cooperation. It needs to be considered a Western response to China’s Belt and Road initiative which is seen as having a wide appeal for the global South in particular.

While the Russian invasion of Ukraine is having a divisive political and economic impact on the world, international politics will increasingly revolve around the US-China stand-off on a multiplicity of fronts in time to come. Both sides are likely to try out both soft and hard power to an exceptional degree to exercise foremost influence and power in the world. As is already happening, this would trigger increasing international tensions.

There was a distinct and sharp note of firmness in the voice of the US President when he pledged defense and military support for his allies in Asia this week. Considering the very high stakes for the US in a prospering South-east Asia, the US’ competitors would be naive to dismiss his pronouncements as placatory rhetoric meant for believing allies.

Continue Reading

Features

A Majoritarian Constitution

Published

on

1972 Constitution in Retrospect – II

By (Dr) Jayampathy Wickramaratne, President’s Counsel

In this the second part of a three-part article on the 50th anniversary of Sri Lanka becoming a republic, the writer submits that the 1972 Constitution paved the way for constitutionalising majoritarianism in multi-cultural Sri Lanka.

The unitary state

Although Tamil parties expressed their support for the Constituent Assembly process, they were to be disappointed by the substance of the new constitution.

Basic Resolution No. 2 proposed by the Government called for Sri Lanka to be a unitary state. The Federal Party (FP) proposed an amendment that ‘unitary’ be replaced by ‘federal’.

In a memorandum and the model constitution that it submitted to the Steering Committee of the Assembly, the FP proposed that the country be a federal republic consisting of five states made up as follows: (i) Southern and Western provinces, (ii) North Central and North Western provinces (iii) Central, Uva and Sabaragamuwa provinces (iv) Northern Province and the districts of Trincomalee and Batticaloa and (v) Ampara district. The city of Colombo and its suburbs were to be administered by the centre. A list of subjects and functions reserved for the centre, with all others going to the states, was included. Interestingly, law and order and Police were to be reserved subjects.

However, Assembly proceedings show that the Tamils were clearly for a compromise. Dharmalingam, who was a main speaker of the FP under Basic Resolution No. 2, stated that the existing constitution had failed as it was not designed for a multi-ethnic country. He pointed out that in ethnically heterogeneous countries where unitary constitutions had been in operation, concessions to the federal principle have been made to meet the demands and aspirations of the minorities. Where there has been a refusal to concede the federal principle, there have been movements for separation. The FP distanced itself from secessionists such as C. Sunderalingam and V. Navaratnam, referring to them by name, and stated that it was not asking for a division of the country but for a division of power.

Dharmalingam made it clear that the FP’s draft was only a basis for discussion. Stating that the party was only asking that the federal principle be accepted, he suggested that as an interim measure, the SLFP, LSSP and CP should implement what they had promised in the election manifesto, namely that they would abolish Kachcheris and replace them with elected bodies. He stated: “If this Government thinks that it does not have a mandate to establish a federal Constitution, it can at least implement the policies of its leader, S.W.R.D. Bandaranaike, by decentralising the administration, not in the manner it is being done now, but genuine decentralisation, by removing the Kachcheris and in their place establishing elected bodies to administer those regions.”

Sarath Muttetuwegama of the Communist Party, the first political party in the country to propose federalism, in 1944, followed Dharmalingam and stated that ‘federal’ had become a dirty word not because of the federal system of government but because of what the FP had advocated. He was clearly referring to the FP’s association with the UNP and the conservative policies it had followed, such as voting against nationalisations, the takeover of private schools and the Paddy Lands Bill. Seemingly oblivious to the offer that Dharmalingam had made, he asked why the FP had not used the phrase ‘regional autonomy.’ Speakers from the UF who followed Muttetuwegama made it clear that the UF was in no mood to consider the FP’s offer to settle for much less.

Consequently, Basic Resolution No.2 was passed, and the FP’s amendment was defeated in the Steering and Subjects Committee on 27 March 1971.

Dr Nihal Jayawickrama, who was the Secretary of the Ministry of Justice, under the UF Government, and played an important role in the constitutional reform process, has said that the first draft prepared under the direction of the Minister of Constitutional Affairs did not contain any reference to a ‘unitary state’. However, Minister Felix Dias Bandaranaike proposed in the Ministerial Sub-Committee that the country be declared a ‘unitary state’. The Minister of Constitutional Affairs did not consider this to be necessary and argued that while the proposed constitution would have a unitary structure, unitary constitutions could vary a great deal in form. Nevertheless, the proposed phrase found its way to the final draft. ‘In course of time, this impetuous, ill-considered, wholly unnecessary embellishment has reached the proportions of a battle cry of individuals and groups who seek to achieve a homogenous Sinhalese state on this island’ Dr Jayawickrama observed. ‘Reflections on the Making and Content of the 1972 Constitution: An Insider’s Perspective’ in Asanga Welikala (ed), The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice vol 1 (Centre for Policy Alternatives 2012) 43.

It is significant that the FP continued to participate in the Constituent Assembly even after its amendment was rejected. Records show that its leader, S.J.V. Chelvanayakam, regularly attended the meetings of the Steering and Subjects Committee.

With the advantage of hindsight, it could be said that acceptance of the FP’s proposed compromise for a division of power would have proved to be a far-reaching confidence-building measure on which more could perhaps have been built later. Moreover, such an acceptance would have ensured the continued participation of the FP in the Constituent Assembly. Even had the FP, as the UNP eventually did, voted against the adoption of the new constitution, their participation in the entire constitution-making process would have resulted in greater acceptance of the 1972 Constitution by the Tamil people.

Although they discontinued participation at a later stage, Federal Party MPs nevertheless took oaths under the new Constitution. Tamil parties soon united under the banner of the Tamil United Front (TUF), which later became the Tamil United Liberation Front (TULF). At the famous Vaddukoddai conference of 1976, the TULF embraced separatism and adopted a resolution calling for a separate state called ‘Tamil Eelam’ in the Northern and Eastern provinces. At the 1977 elections, the TULF contested on a separatist platform and swept the Tamil areas.

The place of Buddhism

According to Dr Jayawickrama, Dr. de Silva’s original proposal called for the guarantee of freedom of thought, conscience and religion to every citizen. However, the Prime Minister requested that this proposal be added with a provision for the protection of institutions and traditional places of worship of Buddhists.

Basic Resolution No. 3 approved by the Constituent Assembly was for Buddhism to be given its ‘rightful place’: ‘In the Republic of Sri Lanka, Buddhism, the religion of the majority of the people, shall be given its rightful place, and accordingly, it shall be the duty of the State to protect and foster Buddhism, while assuring to all religions the rights granted by Basic Resolution 5 (iv).’

Basic Resolution 5 (iv) referred to read: “Every citizen shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have and adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

But by the time the final draft was approved, the proposal had undergone a further change. Article 6 of the 1972 Constitution is as follows: ‘The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster Buddhism while assuring to all religions the rights granted by section 18 (1) (d).’ Section 18 (1) (d), in the chapter on fundamental rights, assures to all citizens the right to freedom of thought, conscience and religion.

To the question of whether constitutionally guaranteeing special status to Buddhism not available to other religions of the land might adversely affect the non-Buddhists, Dr de Silva retrospectively responded in the following manner: “The section in respect of Buddhism is subject to section 18 (1) (d) and I wish to say, I believe in a secular state. But you know when Constitutions are made by Constituent Assemblies they are not made by the Minister of Constitutional Affairs. I myself would have preferred (section 18(1) (d)). But there is nothing…And I repeat, NOTHING, in section 6 which in any manner infringes upon the rights of any religion in this country. (Safeguards for the Minorities in the 1972 Constitution (Young Socialist 1987) 10.)

Dr Jayawickrama has been more critical. ‘If Buddhism had survived in the hearts and minds of the people through nearly five centuries of foreign occupation, a constitutional edict was hardly necessary to protect it now’, he opined. (‘Colvin and Constitution-Making – A Postscript’ Sunday Island, 15 July 2007).

Language provisions

Basic Resolution No.11 stated that all laws shall be enacted in Sinhala and that there shall be a Tamil translation of every law so enacted.

Basic Resolution No.12 read as follows: “(1) The Official Language of Sri Lanka shall be Sinhala as provided by the Official Language Act No. 32 of 1956. (2) The use of the Tamil Language shall be in accordance with the Tamil Language (Special Provisions) Act No. 28 of 1958.”

Efforts by the FP to get the Government to improve upon Basic Resolutions Nos. 11 and 12 failed. On 28 June 1971, both resolutions were passed, amendments proposed by the FP having been defeated. S.J.V. Chelvanayakam informed the Constituent Assembly that they had met with both the Prime Minister and the Minister of Constitutional Affairs, and while the meetings had been cordial, the Government had refused to make any alteration to the Basic Resolutions. He stated that the FP would therefore not attend future meetings. “We have come to the painful conclusion that as our language rights are not satisfactorily provided in the proposed Constitution, no useful purpose will be served in our continuing in the deliberations of this Assembly. By taking this step, we mean no offence to anybody. We only want to safeguard the dignity of our people.” There was not even a dramatic walk out. ‘We do not wish to stage a demonstration by walking out’, he added.

That Dr Colvin R. de Silva, who prophetically stated in 1955, ‘one language, two countries; two languages, one country’, should go so far as to upgrade the then-existing language provisions to constitutional status has baffled many political observers. In fact, according to Dr Jayawickrama, the Prime Minister had stated that it would be unwise to re-open the language debate and that the better course would be to let the ordinary laws on the subject operate in the form in which they were. By this time, the Privy Council had reversed the decision of the Supreme Court in A.G. v Kodeswaranthat a public servant could not sue the Crown for breach of contract of employment and sent the case back for a determination on other issues, including the main issue as to whether the Official Language Act violated section 29 (2), as the District Court had held. Dr. de Silva did not wish the Supreme Court to re-visit the issue. ‘If the courts do declare this law invalid and unconstitutional, heavens alive, the chief work done from 1956 onwards will be undone. You will have to restore the egg from the omelette into which it was beaten and cooked.’ He had, however, resisted a proposal made by Minister Felix R. Dias Bandaranaike that Sinhala be declared the ‘one’ official language of Sri Lanka.

Continue Reading

Trending