Features
Full implementation of 13A– Final solution to ‘national problem’ or end of unitary state? – Part III
By Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Continued from yesterday, 27 Sept.)
TNA Spokesman MP Sumanthiran’s Statement on discussions with the President:
The Island of 02. 08. 23 published a statement issued by TNA spokesman M. A. Sumanthiran, MP, on his party’s demand for enhanced and meaningful devolution, following their discussions with the President. As usual, Sumanthiran has taken care not to be too specific and to cover up their real intention:
“This statement issued in order to clarify our position with regard to the political solution for the national question, the 13th Amendment to the Constitution, the conduct of the long delayed Provincial Council Elections and the All-Party conferences convened by the President.
“The Tamil People have, since 1956, consistently given the Tamil political parties a mandate to work towards a political solution to the Tamil National Question by means of a federal arrangement in the North-East, which was recognized as the ‘historical habitation’ of the Tamil speaking people in the Indo-Lanka Accord that was signed on the 29th July 1987, which provided for a measure of devolution to the provinces, including land and police powers.
“The Govt. of India has actively engaged in this pursuit for the past 40 years after SL accepted the good offices, offered by India, consequent to the 1983 July violence against the Tamils.
“Most recently, too, Indian PM Narendra Modi conveyed to President Ranil Wickremesinghe, India’s hope that the Govt. of Sri Lanka will fulfill the aspirations of the Tamils and drive the process of rebuilding for Equality, Justice and Peace, He also hoped that Sri Lanka will fulfill its commitment to implement the 13th Amendment and conduct the Provincial Council Elections, and will ensure a life of respect and dignity for the Tamil Community of Sri Lanka.
“The Prime Minister clearly expressed our belief that a meaningful devolution of powers and the full implementation of the 13th Amendment are essential components of addressing and facilitating the reconciliation process in Sri Lanka. This has been our consistent position and this was put forward during the meeting between the two leaders.
“Our position is that power sharing must be in a federal structure, consistent with the aspirations of the Tamil People expressed at every election since 1956.
“Thus, the non-implementation of any part of the Constitution is a violation of the whole. To that extent, we insist on the full implementation of the devolution arrangements currently extant in our Constitution. Provincial Council Elections must be held without further delay.’
Sri Lanka High Commissioner to India Milinda Moragoda has, in a statement, confirmed what Sumanthiran said on Indian PM’s stand on Tamil issue:
Milinda Moragoda’ s statement:
“Modi strongly raised the Tamil issue with Wickremesinghe, seeking the implementation of the 13th Amendment for devolution of power and also early provincial elections. He had said India wanted Sri Lanka to ensure a life of dignity for the Tamil community. During his visit Wickremesinghe had shared with Modi his comprehensive proposal for furthering reconciliation and power sharing through devolution.’ (Times of India and The Island – 11. 08. 2023)
From all these resolutions and statements, it clearly appears that the aspiration of all Tamil Political parties in the North-East all along has remained the same from the founding of the Ilankai Thamil Arasu Katchi (ITAK) in 1949 up to date and Mr. Sampanthan’s dream never changes in essence.
The components of this never-ending dream are as follows:
a. Tamil Speaking People in Ceylon constitute a nation distinct from that of the Sinhalese;
b. The Northern and Eastern Provinces of Sri Lanka are the areas of traditional, historical habitation of the Tamil speaking people. Sinhala Colonization in the Northern and Eastern Provinces must be stopped immediately. This position cannot be compromised in any structure of government;
c. The Northern and Eastern Provinces must constitute one administrative unit; Any meaningful devolution should go beyond the 13th Amendment to the Constitution, creating a federal rule in the merged Northern and Eastern Provinces;
“All the powers required to ensure the unity and indivisibility of the country – defence, foreign affairs, finance and currency and immigration and emigration would remain with the Central Government. All the other powers, including land and Police powers, would be devolved to the provincial councils enabling them to exercise unrestricted authority to govern their land, protect their own people, and develop their own economy, culture and tradition with enhanced powers.
The Tamil Nation has an Inalienable right to political autonomy/self-determination.
Ranil Wickremesinghe’s Dream
As revealed in President Wickremesinghe’s Address to Parliament on 08 Feb., 2023, both President Wickremesinghe and Sampanthan had a common dream to provide a sustainable solution to the ethnic problem in Sri Lanka. When one examines the various steps taken by President Wickremesinghe at different stages in his political career to end the war and find a solution to the ethnic problem, one can clearly see that both have shared the same dream with more or less same solutions in mind.
This is what the UNP Election Manifesto presented at the General Election of December 5, 2001 stated:
“Our prime objective is peace. We stand for peace and peace alone. We will end the war and build national unity. We will bring about a political solution acceptable to all those who are party to the crisis, within the framework of an undivided Sri Lanka. An interim administration will be set up for the northern and Eastern Provinces.”
One can get a glimpse of his solution to the ethnic problem from the Oslo Declaration and the Ceasefire Agreement signed by Wickremesinghe, as the Prime Minister, on behalf of the government of Sri Lanka and by Anton Balasingham on behalf of the LTTE on February 23, 2002. The Oslo Declaration was drafted by Erik Solheim.
One paragraph of the Oslo Declaration reads thus: Responding to a proposal by the leadership of the LTTE, the parties agreed to explore a solution founded on the principle of internal self-administration in areas of historical habitation of the Tamil-speaking peoples, based on a federal structure within a united Sri Lanka.
As claimed by Erik Solheim, Balasingham had accepted it and taken it to LTTE leader Prabhakaran, who rejected it because it referred to federalism. LTTE leader’s position was that they were prepared to consider favourably a political framework that offered substantial regional autonomy and self-government from the part of the Sinhala side. It was after the LTTE submitted the ISGA framework, stressing the external dimension of the right to self-determination in its preamble that the ceasefire became effective. During the period when the ceasefire remained effective, the LTTE was allowed to have an internal self-administration in the territory under their control, setting up its own police stations, courts, banks and other institutions and have its border control points issuing entry passes. He did not openly reject the proposals of the LTTE for the establishment of Internal Self Government Authority (ISGA) under the LTTE leadership for the governance of the North-East. However, he could not openly accept the proposal and grant ISGA to LTTE due to strong protests of the other political parties and the people in the South.
The solution proposed by the Ranil Wickremesinghe government in the Oslo Declaration is similar to the one demanded by R. Sampanthan at the ITAK Convention in Batticaloa in 2012 and during his speech at Matara in 2016.
As the Leader of the Opposition, Ranil Wickremesinghe in 2005 had brought pressure on the Kumaratunge government to enter into a Memorandum of Understanding with the LTTE for the establishment of a Post-Tsunami Operational Management Structure (P-TOMS Agreement) under the LTTE leadership for the reconstruction of the Tsunami devastated zones in the six Districts of Jaffna, Kilinochchi, Mulathivu, Trincomalee, Batticaloa and Ampara in the North East. That MOU was signed by the Secretary of the Ministry of Relief, Rehabilitation and Reconciliation on behalf of the Govt. of Sri Lanka and by Shanmugalingam Ranjan, Deputy Head of Planning and Development Secretariat, on behalf of the LTTE. However, it could not be implemented due to the Supreme Court order declaring it illegal.
The Northern and Eastern Provinces, which remained merged as one administrative unit since 1987 on a Proclamation made by President J. R. Jayewardene under the Emergency Regulations, were demerged on the Order of the Supreme Court made on 16 Oct., 2006.
As reported in the Daily Mirror of 27. 11. 2006, the Opposition Leader Ranil Wickremesinghe assured TNA leader R. Sampanthan of his Party’s fullest support to merge the Northern and Eastern Provinces if the issue comes before Parliament.
After 2007, while the armed forces were vigorously and successfully carrying out the war for the liberation of the country from the LTTE terrorists, the people stood by them.
But the UNP leaders carried on a vicious campaign aimed at disheartening our armed forces, making public utterances, belittling the heroic victories won by our armed forces such as ‘Thoppigala kiyanne kelewak’, ‘Alimankada yanava kiyala yanne Pamankada’; ‘Kilinochchi yanava kiyala Madavachchi yanava’; and passing disparaging remarks such as ‘ona gonekuta yudhdha karanna puluvan’.
At the 2013 Singapore Conference held to get Tamil support for regime change at the 2015 presidential election, Mangala Samaraweera, representing the UNP, ensured the full implementation of 13th Amendment and a federal state in the North and East of Sri Lanka in return for Tamil support for a regime change.
In October 2015, the Yahapalana government co-sponsored the resolution brought by Western countries for implementation of the recommendations in the Geneva UNHRC Report against Sri Lanka and its armed forces who liberated the country from the terrorists. It took several steps to implement the recommendations in the UNHRC report, such as signing and ratifying the International Convention on the Enforced Disappearances of Persons and enacting the International Convention on the Enforced Disappearances of Persons Act in 2016 and enacting the Office of the Missing Persons Act and opening the Office of the Missing Persons. All those were demands of Tamil political parties.
In January 2016, a Constitutional Assembly was appointed to draft a new Constitution to accommodate Tamil aspirations.
The Steering Committee of the Constitutional Assembly headed by PM Wickremesinghe released its Interim Report with its proposed Amendments to the Constitution on 21 Sept., 2017. However, due to differences of opinion among political parties and the upheavals taking place in the political field at that time, the Yahapalana government could not go ahead with it.
It is no secret that the Tamil diaspora, Tamil political parties in the North-East, religious groups supporting the LTTE cause and foreign-funded NGOs involved in various anti-Sri Lanka campaigns played a key role in the Galle Face struggle, which compelled the former President to leave office and brought President Wickremesinghe to power.
After assuming power as the President, Wickremesinghe several times expressed his firm determination to bring about a final solution to the ethnic problem in the North-East within a few months through required constitutional amendments with the consensus of other political parties represented in Parliament. With this aim, he separately met and had discussions with leaders of Tamil political parties representing the North-East. He addressed the Parliament and convened all Party Conferences and tried to bring pressure on MPs to come to a settlement.
In his Address to Parliament on 09 August, 2023, President Wickremesinghe clearly said that he stood for full devolution of power with 13+ , granting all powers, other than Police powers, to the Provincial Councils.
President Wickremesinghe, who has no popular mandate, has come forward to do things which six Presidents elected by popular mandate since 1982 – J. R. Jayewardene, R. Premadasa, Chandrika Kumaratunga, Mahinda Rajapaksa, Maithripala Sirisena and Gatabaya Rajapaksa, did not dare to do, conscious of the consequences of doing so or the feelings of the vast majority of the people in the South.
President J. R. Jayewardene, in his address to Parliament on 20 Feb., 1986 clearly pointed out the danger posed to the country by accepting the demands of Tamil Political parties for self-rule and merger of the Northern and Eastern Provinces as one administrative unit.
When the address of President Wickremesinghe to Parliament on August 9, 2023 is analysed, it becomes clear that he is ready to offer far more than Sampanthan expects.
(To be continued)
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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