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Toward a Federal solution : Co-operation of Opposition essential

by Kumar Rupesinghe

The decision by the Government of Sri Lanka and the LTTE to agree on a Federal solution, only after the third meeting constitutes a major break through which should be welcomed by all the peoples of Sri Lanka. The Opposition should be pleased that a principled demand that they have made that fundamental and core issues should be discussed sooner than later has now been fulfilled.

No doubt there will be many discussions on the Federal model to be adopted, whether it should be the Canadian, the German 1, or the Swiss Model or even the Indian model or a combination of some elements to adapt to the unique situation in Sri Lanka. The fact remains that the decision to adopt a Federal system allays fears amongst the Sinhalese and lays to rest the idea that the country will be divided.

The historical evolution of the demand goes back even before Sri Lanka achieved political independence. SWRD Bandaranaike proposed a Federal Solution as way back as the 1920's. Chelvanayagam proposed a federal constitution, which eventually became the basis for the Federal party.

Chandrika Kumaratunga proposed a Federal solution in several of her speeches during the P.A. government of 1994-2002. The fact that she proposed this model in spite of the presence very strong Sinhala hardliners was representative of the need for a modern approach to the ethnic problem. India should be happy because they have consistently advocated a Federal model and had presented the India model as a positive example.

Everybody should be pleased with the outcome. The 1978 constitution was an anachronism, which strengthened the unitary state and centralized power in the Presidency. The monopoly of power, which the Executive President enjoyed, helped in the continuation of the war, violations of human rights, and strengthened autocracy. The executive Presidency did not serve the nation well.

A federal constitution means a fundamental change in the relations of power between the various communities living in Sri Lanka. It means a readiness by both sides to relinquish outmoded constitutional arrangements and enter new partnerships to develop the country as a single unit. It opens up great potential for harnessing the energies of the periphery in a new nation building exercise. It means that the LTTE has finally given up its claim for a separate state and its willingness to enter into a new relationship with the Sinhalese and Muslim community. This is the potential that a Federal Constitution will offer.

The announcement of the Federal Constitution is only the beginning. It provides a framework and a vision for the future. Now experts will have to sit and work out the modalities. The cooperation of the Opposition is essential in this exercise. The people on both sides of the conflict need to be prepared and ready to undertake this transformation. The people need to understand the positive benefits that will accrue to the entire country.

The fact that an important core issue has been addressed should please the opposition. The adoption of a Federal Constitution requires a two-thirds majority in parliament.

Therefore we need to go back to reviewing the possibilities of a bi-partisan agreement between the two parties. The consensus that has been reached with the LTTE should now be turned to improving relations between the Government and the President. Consensus building, tranparancy, and consultation should be the axiom which should govern the relations between the two main parties in Sri Lanka.

To include the Opposition in the future deliberations is certainly one of them. Resolution of the Muslim question and obtaining a fair deal for them is another. Assuring the security and protection of the Sinhalese living in the North East is another.

The question however does not end here. There are other minorities who have been a silent witness to the negotiations process. One of them is the Tamil speaking People of Indian Origin. They also constitute an important community and I am sure they would also seek to be represented in the future talks on a Federal system. One of the greatest challenges of Government faces will be on how to realize the aspirations of peoples in the war torn areas. Over 800,000 people would want to return to their homes in dignity. Over 70,000 Muslims wish to return to their homes in Jaffna. Integrating such a large number of people requires resources and the capacity to deliver. People in the South are still waiting for the peace dividends to flow to them.

The peace dividend is still elusive and not tangible for many. Government economic programmes seem to have abandoned safety nets for the poorest of the poor and imaginative programmes need to be evolved for their protection and economic security. The government then must give equal attention to the economy.

The Oslo conference was also important in another sense. For the first time Anton Balasingham announced that the reversion to war would be almost impossible under the current conjuncture. Both sides claimed that the gains for the peace process are such that it is irreversible.

It is time therefore that the two sides prepare a paper and a new agreement which suggests if the negotiations breakdown that modalities for the best alternative to war would be pursued. Such a document should develop modalities for a continued cease-fire and cessation of hostilities and arrangements for the ceasefire to hold.

The negotiation teams and the Norwegian facilitators need to be congratulated for making the negotiations a problem -solving exercise rather than one of positional bargaining.

The cordiality of the talks and the seriousness of purpose have helped to transcend the bitterness and rancour, which was so much a part of previous negotiations.

Continued problem-solving approaches, the willingness to listen to the other side, to understand that both are caught in a trap of several decades of misunderstanding and violence, to reach out to each other is a signal that principled negotiations and problem-solving approaches can overcome many obstacles.

A reputed international peace negotiator and scholar, Dr. Kumar Rupesinghe lectured in Sociology in the University of Colombo in the 1970s before pursuing higher studies in conflict resolution in Norway. He later came into prominence as Secretary-General of the London-based conflict resolution agency International Alert and has contributed to many peace initiatives and academic studies of problem situations globally.

www.peaceinsrilanka.org

Kapruka

Keellssuper

www.eagle.com.lk

www.helpheroes.lk


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