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| Sunday, 8 June 2003 |
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| News Business Features Editorial
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North-East rehabilitation fund Designing a regional administration by Prof. C. Suriyakumaran Since my article in the Sunday Observer of May 25, not only have the high processes of State and LTTE exchanges continued unabated, but my own humble spelling out of the needs in an Administrative Unit for North East rehabilitation attracted more than ordinary attention from numerous quarters. There was a request also for a more detailed idea of the manner in which an Administrative Unit, such as proposed, would meet the three essential requirements of (a) Delivery (Management), (b)Responsibilities in fund accounting, and (c) Political accountability. Significantly, concepts such as whether any or all of these processes together were within or outside the Constitution were considered not necessary for this purpose; and perhaps were introduced into the exchanges between the Government and the LTTE in a mistaken notion of the type of needed autonomy for operational efficiency. (In passing, on this business of 'outside' or 'inside' the Constitution, all good people have noted that both the Government and the LTTE have now been engaged for quite some time,through an MOU and other means, in the now well accepted peace process without any semantics on their constitutionality). Without therefore tarrying on these, one may well respond to the inquiries as to the administrative structure contemplated in my brief proposal last week. That proposal which was as mentioned very brief simply suggested three members on the 'Government side, along with three nominees of the LTTE as a unit for the purpose'. In elaboration of this very summary suggestion and, to repeat, to make clear the Administrative, Accounting and Political responsibilities involved, the following details are set out. Details (a) On the Administrative Unit, which was suggested to be three plus three, this was not meant to be rigid and one could preferably see up to an additional two nominees on the Government side, making five in all; and a similar addition of two nominees on the LTTE side, together providing for the Muslim and Sinhala representations in the Region. The LTTE nominee shall be the Administrative Co-ordinator of the Unit. (b) As for the Accounting needs, the Administrative Unit shall be responsible to a special reporting point in the North-East Rehabilitation World Bank Office (already agreed upon by both the Government and the LTTE) that will be set up in the North-East and will be the repository of all NERF resources incoming for the purpose. (c) On the political reporting functions and responsibility, the most practical, effective arrangement would be by far for a particular session of the continuing Joint Meetings that have been held (from Sattahip, Thailand, now to Tokyo), which will be devoted entirely to a Joint Session of the Administrative Unit, and the World Bank Unit of NERF with the designated Governmental Representation for the purpose. One earnestly hopes that in the still ongoing discussions between the LTTE and the Government, apparent 'Solutions' will not be reached that may not later raise more questions than provide answers! Lasting success Naturally, lasting success is what all want - in the ongoing process for now; and soon we hope in a final political settlement when Constitutionalities may naturally figure more prominently than they need to now. As for the final Constitution of course this writer without any claim to infallibility had an article some weeks back on what he called "The Political Framework Solution" - again providing satisfaction to all segments in the country rather than creating new suspicions. As recalled in that article the so called Federal solutions being discussed are either loaded with potential for final Governmental control; misplaced Sinhala extremist traumas of Tamil independence out of Federalism; or illusory Tamil expectations of attaining their goals as autonomous functionaries. However that is for later although, if all goes well, probably sooner rather than later. For the immediate present, it is imperative that we all look to the success of NERF, and let us hope that shall be so. In the background, therefore, as mentioned, of the need as yet towards a proper understanding of Federalism' and of our final 'Political Solution', some thoughts on this ultimate goal should be quite in place, even as we talk of interim arrangements for now, of handling Aid, Rehabilitation and Reconstruction. These brief thoughts therefore, are set down below. With the word Federalism having gained currency, and so much in the air now, we have had a plethora of attention, in writings and speeches. Thought to be a magic alternative to 'Separation' that the LTTE had as its goal, and which it was now ready to exchange for this new formula, a sense of wide relief immediately followed, along with instantaneous attention from numerous quarters to its contents and formulations. Soon, the same apparent 'Solvent' created nearly as many interpretations as there were participants and contributors that abounded! At one extreme, of the Sinhala perceptions, we have seen both learned and not so learned arguments that all this is simply a stepping stone to Separation. This, as we shall see below, is the least of the problems in this new Solvent. On the other side, in two streams as it were, on the one hand Governmental elements and supporters see the Federal Arrangement as meeting the satisfactions of both an Unified Centre and an Autonomous Periphery: on the other, the LTTE and related elements see it as providing the essential basis for Autonomy under a National Constitution also encouraging their cadres and supporters to go round the world studying parallel provisions. In all these there is the natural presumption by both parties that the provisions extended to both by the Federal Solution would, (a) lead to satisfaction of their political fundamentals and (b) make certain that resumption of war will thereafter never take place. Totally wrong The fact is that all three Parties in this exercise are totally wrong - the Sinhala extremists in their fears; the Government in their expectations and the LTTE in their presumptions. Federalism anywhere,flowing from a Central Constitution as it does,has for our purposes here two main facets. The first, as in any Constitution are the foundational, introductory Clauses, on the nature of their State - the Sovereignty of the people, and the Unitary concept of the Country, among others. The second, again in a few Clauses, is on the powers of the State, among others, as represented in the Sovereignty of its Parliament, and its power to halt, negate or reverse certain autonomous functions assigned to the Periphery, which in their exercise the Periphery may be considered to have abused. These can range from Unilateral declaration of independence, to what the Centre may consider exercise, beyond determined limits,of functions in crucial areas, whether of Security, Resources use, Finance, or Others. Given this context (i) Sinhala extremist's traumas of Independence out of Federalism; (ii) Central Government expectations of satisfactions by the Periphery with their Autonomy and (iii) the Periphery's expectations of meeting their goals as Autonomous functionaries, would prove- for all three of them - totally misplaced. There is no need for the Government or the LTTE to run all over the world, for examples. Every country's Constitution has been its own formulation and the product of its own history and conditions. And so it needs to be, in Sri Lanka, for whose problem, at least in special crucial aspects, we have no parallel. We have seen above the inadequacies, for all parties concerned, of 'the normal best provisions' of a Federal Structure and Constitution. The situation for Sri Lanka is a factor few have wanted to address while pursuing their Federal solution or opposing it. The simple situation is that, the Central Legislature which, as we saw, exercises supreme, unwavering authority, is a peculiarly constructed body in terms of the problem which has created our National crisis. From the beginning of our Central Legislature, we have had them simply as an 'Uni-ethnic' dominated Legislature in which, as I have repeatedly pointed out, decisions are made and laws are enacted by a Permanent Majority based on Ethnicity; and not on a Majority based on Issues. A change from this single phenomenon, of an Uni-Ethnic Majority in Central Government to Multi Ethnic participatory Government, would effect a sea change that would ensure both Unity of the Country on the one hand, and satisfaction at the Periphery on the other. The means - as I have repeatedly addressed over the years - is provision by Constitution for (a) a Vice President; (b) a Deputy Prime Minister and (c) up to Five 'designated' Portfolios as Minority held portfolios, imparting (i) a sense of 'true participatory governance' by the Majority community; (ii) constitutionally embedded Minority satisfactions as 'co-equal' partners in National Government; and (iii) Security at the Periphery against Majority community actions in the guise of Parliamentary supremacy and the Constitution. Governance for minorities Given these, and mutatis mutandis, similar provisions of governance for other minorities at the level of Regional Government, Federalism can neither be the earlier dreaded 'F' word for Separation; nor an instrument subservient in the end to a Centre, without meaning and satisfaction to the Region. There are certain other informal, non-Constitutional inter-locutory bodies, which should be envisaged at the level of the Centre, that would easily pre-empt the use of Constitutional authority to resolve Centre-Region differences - informally, even before they emerge or before they have escalated. We do not go into their details at this stage. To conclude though - with sights on 'the ongoing impasse' - it is imperative that we all look to the success of NERF, and hope that that shall be so! |
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