Timely SLFP proposals :

Lasting solutions for North and East issue

by Sarath Wijesinghe

Proposals of the all party representatives committee (APRC) released by the Secretary General of the SLFP, which has now thrown into the public and the party membership for discussion on the basic of Mahinda Chintanaya is an ideal starting point to satisfy all parties concerned, involved, and interested.

The proposals should undoubtedly satisfy the grieving parties and not necessarily those who are interested due to various ulterior motives. The ordinary Sinhala, Tamil, Muslim and other ethnic groups, who live to date and wish to live harmony will wish and endorse any set of proposals, which will bring about an ever lasting solution to the north and east issue, which has today escalated to a civil war and international terrorist movement.

The main players to the issue are the GOSL (Government of Sri Lanka) the Opposition (which includes all political parties - including ethnic parties), Peoples of Sri Lanka (includes Civil Society), International community (High Commissions and Embassies shown interest in Sri Lankan affairs, Local and International Media and LTTE).

Any solution should be to the satisfaction to the meeting the aspirations of all the ethnic groups in Sri Lanka based on the "Honourable Mandate" given by the "Peoples of Sri Lanka" to the temporary Trustee who has agreed with them to abide by the contract entered into with the people that any solution will be based on "Developing a national consensus, protect sovereignty, territorial integrity, the unitary structure, identities of different communities, need to ensure peaceful coexistence amongst such communities and to critically examine the merits and demerits of the steps taken so far to deal with this compels problem and consider a fresh approach."

Home grown and fresh approach

The proposals by SLFP have shown maturity and a fresh approach. Compared to all previous attempts made by successive governments with no effective success story. The Provincial Council system by J. R. Jayewardene Government has proved to be a failure and a white elephant which eats into the national economy and providing employment and perks to politicians.

The intention of PC system was to devolve power to North and East Provincial Councils. But the end result was to establish councils in other provinces but not in the North and East.

This system was forced on to us by India based on Indo Sri Lanka accord which was based on outdated theories and to the satisfaction of the players who are not directly involved and affected by the North and East conflict. The other attempt was the "Package" by Chandrika which too has been a non starter and a failure.

The CFA entered into with Prime Minister Ranil and LTTE leader Prabhakaran is currently inactive and has caused complications and confusion to the parties directly affected and involved in the conflict.

Apparently the proposals envisage devolution of power to districts in a Unitary and a Sovereign State. To my view this set of proposals should be a relief to the anti-devolutionist and anti federalist groups which is a very powerful segment of the society in the country.

Proposals to increase districts to 30 will give power to the grass roots level and satisfy the aspirations of the minorities who are tired of the ongoing conflict and eagerly awaiting a viable solution. The extent of devolution is similar to the current PC system and the main difference with the current proposals has been the Unit of devolution. This is a smart and a practical solution.

It is time JVP and JHU should think seriously on the SLFP proposals before jump into hasty conclusions. What everybody should look into should be a solution acceptable to all parties.

It is time that the parties concerned have to agree on a consensual agreement to put an end to this issue which is retarding our national economy and progress. Built in mechanism to prevent secession and to preserve the unity, sovereignty, and territorial integrity of the state is the most salutary propositions to give confidence to the Sinhala, Tamil and Muslim minorities living unprotected areas under the PC system.

Steps for the restoration of Parliament Model led by the Prime Minister, abolition of Executive Presidency and the concept of an indigenous system may attract majority of the civil society and the main players.

Maintain Pradeshiya Sabha system as it is. Grama Sabhas, Introduction of the Second Chamber, Concerns of the minorities, Land and water commission, District Ethnic Ombudsman are far reaching and well thought of measures and proposals.

Humans Rights and Fundamental Rights

Preservation, maintained and protection of individual and collective Human Rights have been given the priority in the SLFP proposals, which needs further clarifications and teeth for a meaningful implementation of the principles and concepts of Human Rights and rule of law.

Fundamental Rights should be ruthlessly recognised and implemented in any system to be a successful people's government. What was lacking today is this confidence and guarantee, to the ordinary citizen who are confused and not briefed properly that they already enjoy most of Safeguards for infringement of fundamental rights and constitutional and administrative safeguards.

The proposed mechanism coupled with Mahinda Chintanaya would if put into practice give life to international covenants and protocols pertaining to Human Rights, give equal rights (not reasonable place as promised previous regimes) to everybody.

Equal rights to all citizens provided in Mahinda Chintana are reiterated this set of proposals by way of constitutional rearrangements.

Even presently most of the international Human and Fundamental instruments, conventions and protocols are embodied and codified as conventions and legislature, in our system of law and government.

If and when this is formatted in a systemic way in a Constitutional arrangement as proposed, citizens will have faith in such a system. This will be an ideal fertile ground for a democratic system full of Human Rights and Rule of Law.

Devolution of power

In such a situation there need not be a situation for a system of devolution, which is an old system considering the modern developments in the information technology and related spheres. Today news and knowledge runs faster than light.

It spreads around the world in a fraction of a second via net and modern IT network. Mega computers run world wide business such as Microsoft and multinational business giants.

In the United Kingdom which is a world power and the main business hub of the world, the Health systemic managed by a mega computer. Now that we are looking for modern "Home Grown" new system with modern and fresh approach, why not think of a Mega Computer concept, based on modern technology for provincial administration system.

Issues with the main and other players

General public, Opposition, Civil Society, International Community, LTTE and other ethnic groups and parties are the other important players in the determination of a solution to the ongoing conflict. It is useful to identify the main issue before finding a solution based on constitutional arrangement and political consensus.

Political consensus is based on the trust and confidence on the main parties and the other groups. The opposition has a major role to play in this decisive moment. It is time to shed petty differences and unite to bring about a solution the way the Conservative, Labour and Liberals in the United Kingdom worked together on the Irish issue which is now settled after the war over decades with enormous loss of lives and to national economy.

They put the country first and found a solution during labour and conservatives today are waiting to take over the power by traditional democratic means in the United Kingdom.

This is a classic example to Sri Lanka to find a solution today and to fight the political battle for power later. Duty of the opposition should not be to oppose every move and step taken by the government and the civil society. No other players has put forward a set of proposals yet.

United National Party has not put forward a set of proposals and merely taken up the position that government should discuss with LTTE and to abide by the CFA. LTTE has not put forward any proposals.

It is merely clamouring for interim measures and self determination based on a theory now discarded even by the UN. LTTE will not accept anything short of a separate State and day by day regrouping and reorganising for the battle front in various ways.

Neither GOSL nor LTTE abides by CFA which is not implemented and ineffective. GOSL is successfully conducting the military onslaught with the able leadership of the Defence Secretary and the Heads of Forces.

This is what is expected by any elected government in the interest of the ordinary peaceful and peace loving citizen. It is to the credit to HE Rajapaksa and the government to give equal priority to the peace process, in the right direction.

All the appointments made are well thought of. Best out of which being the appointments of the Secretary Defence, Secretary Foreign Affairs, the service commanders and the Ministers holding these portfolios who are doing an excellent job.

We take this opportunity to urge all the players not to throw away this opportunity for a consensual constitutional arrangement in the interest of all segments of the society.

The "International Community" and the NGOs must see through the proposals and request all the players too to grab this golden opportunity, where the sitting government has put forward a violable set of proposals for consideration.

The ground situation, cultural and religious realities practical difficulties and the honesty and genuineness of HE and the Government are other factors to be considered in harnessing all efforts in the direction of an ever lasting solution.

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(The writer is a Solicitor in England and Wales, Attorney at Law, Convener, Committee for International Law and International Relations in Sri Lanka, former Chairman SAARC Centre in London and former Secretary Bar Association of Sri Lanka.)