'President no hardliner' - Dr. Wickramaratne

Presidents' Counsel Dr. Jayampathy Wickramaratne in an interview with Sunday Observer staffer Jayantha Sri Nissanka described President Mahinda Rajapaksa as a pragmatic leader treading on the correct path. He added that extremists were disappointed that Rajapaksa was not a hardliner as they expected him to be.

Dr. Wickramaratne was of the view that the President should now reach out and display his practical approach as the national problem needs a negotiated settlement.

Following are excerpts of the interview:

Q: The All Party Conference is trying to reach consensus to find a solution to the North and East (N&E) problem. All APCs from 1984 to create District Development Councils, Provincial Councils (PCs) in 1987 and the draft Constitutions in 2000 failed. Do you think that we can find a solution through APCs until the SLFP and UNP get together?

A. Our experiences about APCs are not very good. But that does not mean we should just give up hope. There is a need for an extended Southern consensus. Today pressure is mounted on the South to find a solution to the ethnic problem after the LTTE ban by the European Union (EU). The International Community has taken a tough stand on the LTTE. The Co- chairs made their position very clear.

Q: Do you ever think that we can reach consensus in the South because the UNP is contemplating to boycott the APC giving excuses. This happened at many APC meetings earlier?

A: In the South there have been changes. All political parties other than the LTTE have agreed that the solution to the ethnic problem should only be a political one and not a military one. No single party claims that military option is the solution.

When parties have agreed that there should be a political solution, it proves that parties have identified there is a political problem. Few years ago, parties held different opinions. Some said there is no political problem but only a military problem.

All non LTTE parties have agreed that there is a political problem and there should be a political solution. But there is disagreement on what the political solution should be. I think the LTTE is still dreaming of an Eelam.

They would like to go back to war and achieve that dream. I think it is not practical at all now because the global situation has changed after the September 11 attack. There is lot of international pressure on the LTTE.

In order to put more pressure on LTTE, non LTTE forces in the South should come out with a solution. Now the question is whether the LTTE is genuinely interested in a political solution. Some say that the LTTE is not interested in a solution and therefore we should not put forward a solution.

But I disagree with them because the political solution we offer should not be only for the LTTE but for Tamil people. Though the LTTE claims that they represent Tamils, I don't think that they represent the Tamil people. The LTTE cannot operate militarily with the wishes of Tamil people if we offer a political solution.

Q: Can we ignore the LTTE and find a solution?

A: We cannot ignore the LTTE because the Government has to negotiate with them. Whatever it is, the LTTE is a party to the armed conflict and is a very difficult customer. They will try to walk out of talks. As I said, they are still harbouring a notion of Eelam.

They will try their best to get out of talks. But our responsibility is to keep them in talks. It is very difficult for them to evade talks, if there is a Southern consensus. What they tell the Tamils is that the South is not genuinely interested in a political solution. In order to make it difficult for them, Southern parties should offer a solution. Then they can not politically run a way from the issue.

Q: But the LTTE is not responsible to the International community or to the Sri Lankan Tamils. So, how can we keep them before the peace table?

A: This is why I said that the LTTE is a difficult customer. They are different to the other armed groups in the world. For example, Sinn Fein had Gerry Adams. But there is no strong political wing in the LTTE. I don't think Anton Balasingham is Gerry Adams.

The LTTE political wing is subjugated to military wing. Martine Mac Guinness in Sinn Fein commented when he was in Sri Lanka that in the Irish Republican Movement, they never made that mistake. It was the political wing that took decisions. Decisions taken at political level is put into operation by the armed wing.

But it is otherwise in the LTTE. They don't care much about International opinion and the opinion of the Tamil people. But they cannot go on like this for ever. A guerrilla organisation has to finally rely on the people. I don't say that they have great support from people but, there is some support.

Many do not agree with the methods used by the LTTE to win the rights of Tamils. But there are secret admirers of the LTTE too. They think that it is only because of the LTTE, Sinhala people are prepared to talk. The LTTE is different to the African National Congress or Sinn Fein but still they can't survive without the support of Tamil people.

The LTTE can't survive if they are isolated internationally.

Q: The Government is entrusted to win the Tamils to pressurise the LTTE to come for negotiations. What kind of steps the Government should take to handle this situation?

A: The Government should offer a solution attractive to the Tamil community. In such a situation the LTTE will find it difficult to refuse a solution. But so far the South has failed to find a solution. Various political parties have come up with solutions, but no consensus reached.

Q: You were behind the drafting of the 2000 draft Constitution. What kind of a solution do we have to offer to end the decades old N&E problem?

A: We have to come to a power sharing arrangement. This is a political problem and we need to offer a political solution. Tamils claim they do not have sharing arrangement.

I propose the devolution of power on regional basis. Provincial Councils should be further strengthened. If there is any extensive devolution, it is mandatory to devolve power to regions and ensure regions come back to the centre. That is why you should have an institution like the Second Chamber. May be, other provisions like having two Vice Presidents from different communities. All countries with devolution of power have such arrangements.

Q: Should we not take a step by step approach. First to activate the N&E Provincial Council. Always in the past, we were trying to find a lasting solution. That was the reason for the failure of all APCs. As a result people in the N&E got nothing. What is your view?

A: You have got a good point there. So far since 1987, successive Governments have done very little to implement the 13 Amendment. This amendment provides Police powers to the Provinces and also Agrarian Services. But those powers have not been given to the PCs so far.

The Central Government misinterpreting a Supreme Court judgment took Agrarian services back to the Centre. Three years ago Justice Shirani Bandaranayake gave a landmark Judgment stating that Agrarian Services come under the purview of PCs.

Three years have lapsed, but the Centre has failed to comply with that order. Why I am angry is that PCs have not used that Judgment to get what they are entitled to, because parties in power in PCs are parties at the Centre.

They are not interested in getting powers. PCs were set up to solve the problem in the N&E but it is unfortunate that N&E PC is not functioning today. In order to show the good faith, the Government should implement the 13th amendment. Then the Tamils, Muslims, Sinhalese in the North will see that there is a genuine effort by the Government.

Tamils naturally feel very bad because what has been given to them has not been implemented. We should not stop at the 13th Amendment. The 13th Amendment cannot be the final solution. Proper implementation of the 13 th Amendment can be a first step towards a solution.

Q: We all talk about the final solution. But what assurance do you have that LTTE leader Prbahakaran will accept it because other Tamil leaders claim that Prbahakaran can't survive in a democratic framework. Will it be a futile effort?

A: If he cannot survive in a democratic set up, that should be the reason why we should come out with a very good political solution attractive to Tamil people making matters difficult to Prabahakaran. Then either he will exist or perish. I hope he will change.

Q: Some argue that the International Community do not have direct access to the LTTE now to pressurise them. What is your view?

A: The EU ban put tremendous pressure on the LTTE. The International Community has different ways and means of communication. It has happened to other organisations worldwide.

Q: President Mahinda Rajapaksa requested the political parties to nominate members to the Advisory Committee. Since you have experience over drafting the 2000 Constitution, what advice would you give?

A: I read in the newspapers with interest that all parties were asked to nominate members to the Advisory Committee and that the Committee will be supported by an Advisory Council of experts.

It's a very good idea that Southern polity shall sit down and get into serious business. But the Committee should not go to draft the Constitution at this stage. What is important is now to agree on a Constitutional Principles. We can't draft the Constitution now.

If we are trying to offer a political solution to the Tamils, there in no point of giving them a draft Constitution. What is necessary is to agree on Constitutional principles. On the basis of it, then the South can try to negotiate with the LTTE. I advise not to go into much details at this stage but agree on basic Constitutional principles.

For example, a power sharing arrangement, about devolution, Human Rights, Supremacy of the Constitution. Today there is no supremacy of Constitution. You can't challenge certain Acts once Parliament approves, Acts of the President, the existing laws cannot be challenged. Focus on the N&E is vital. If we go to redraft the Constitution nothing will happen.

Q: Should we fix a time frame to avoid dragging talks?

A: It is ideal to have a time frame. But it is not easy as these issues are in complexed nature. Some issues need time to address and also there has to be a confidence building process. Its takes time. What is important is to move the country on the right direction slowly?

Q: Many fear that a proposed solution will face the same fate like what happened in 2000. What do you predict?

A: I can't predict. But I always see the danger of a repetition. The Government must be careful. The UNP scuttled the 2000 Constitution draft Bill harping on a provision. Let us not give such excuses hereafter.

But if the UNP is trying to solve all its problems through this exercise, then I feel very sorry for the UNP. I saw many media statements that Government should not try to entice its members in to the Government fold. That always happens not in Sri Lanka but other countries as well. That is basics in politics. The Government in power always tries to convince others to join its fold.

Q: Tamils argue if we can't implement the 13th amendment properly, how can we offer them a devolution package? What is your comment?

A: They are very correct. I am in complete agreement with them. We have to show that we are genuine. Chief Ministers should ask the Government to implement the 13th Amendment. They should be given powers.

Q: How do you analyse President Rajapaksa's effort to bring peace to the country?

A: He is very pragmatic. He was tainted as a hardliner before the Presidential election. The LTTE wanted him to be a hardliner. Others in the South also expected him to be a hardliner.

Extremists on both sides are disappointed that he is not being a hardliner. He is on the correct path. The President now needs to reach out to people to show that he takes practical steps in the Constitutional exercise.