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Sunday, 7 September 2003 |
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Peace process Viable alternative thinking by Prof. C. Suriyakumaran Beginning just prior to the Tokyo Aid Conference as an imbroglio on the nature of a proposed 'Interim Administration' Structure (to replace SIHRN that amorphous bureaucratic body) to handle the development work for the North East, the concepts and intentions have now rapidly advanced, one may say changed, to a structure for an Interim Council arrangement of which both Government and LTTE yet seem unclear as to their final Nature, Content, or Scope. So we are now as if skipped a circuit, from an Administrative Framework (ad interim) to a Political Framework that was earlier expected to be formulated succeeding the first. The end results of the ongoing LTTE Paris discussions and the Internal deliberations thereafter, will confirm in more detail the foregoing presumptions as to where we are at present in the Administrative-Political 'change process'. In the latter presumption, an informal Writing that this writer had completed, as early as January 2002, at the inception of the Peace Process, of the future Structural Scenarios and their natures to be expected, reflecting all dimensions thereof has surely now assumed more immediate significance indeed. That writing, neither secret nor internal, was a Letter addressed to the Prime Minister, who also went out of the way to acknowledge it handsomely. Not for this last reason, but since we have now arrived it seems at the point of decisions to be made, I am privileged to carry it now as a public 'expose', to fulfil a need for us all to think through these matters dispassionately and fully, and to do so in a sense of future history and stability as one country. Nationality The Timpu principles, which are sure to be invoked as a first basis for any other negotiations on content and arrangements, center round the concepts of liberty and identity. The principles of 'viable alternative thinking' should confirm the historic entities of Tamil speaking and Sinhala speaking 'Peoples' (a phrase which we freely use even today), and the right of any Group (as much as indeed of an individual), to freedom from any juridical imposition by a State, if such were tyrannical, undemocratic or judicially, administratively or otherwise imposed on the individual or the group. History has again been allowed to be totally confused by our most recent history, when after the Colebrooke Commission in 1832, against the grain of all previous centuries, the country was brought under a single Administration, and in one capital location - the historical reality having been, even under the preceding two Colonial powers, of separate Administration, from their separate Locations, in the North and the rest of the country, continuing the realities of the pre-Colonial History. Yet, a fundamental important approach for the present context is that the Ancient Nationalities, or Peoples viewed themselves not in hostility, but 'as in one country' in what has been well termed a "Consensual Pluralism", and not "Confrontational Pluralism". It is these realities that are now for invoking under any serious concept of mutuality and concensualism in any negotiations, and in fair accommodation of the dubbed Timpu principles. Structures Clearly also, these overflow into substantive thinkings and provisions in Governance, which however involve both Peripheral and Central governmental structures. Structures of Governance of this nature should conceive (a) not only of proper Devolution, with 'autonomous' powers in key areas affecting Identity, Security and (Economic and Social) Opportunity, but also of Structural change in Central Government, from its current monolithic, ethnic majority based governance, to "Participatory Governance". The 'Concerns' (round which all the others move), are just two: For the Sinhala community it is division of the country with attendant 'Fear' of being a Regional (South Asian) Minority. For the Tamil community's concern is one Identity (of the Homestead). It's 'Fear' is of 'Inundation by Colonization The 'Frameworks' providing for them are also just two: For majority, genuine participation in National Government by the Minority, creating Minority "Stake" in National Govt. For minority, Autonomy in Regional Government (in Area, Finance, Development, Law, Order) Incorporating Interlocking De-centralisation and centralisation at national level by reorganising Ex.Co. System, by having a Vice President/Deputy Prime Minister for Tamil/Muslim communities and an agreed % of minority portfolios for them. Guarantee of National Unity: Cannot be by any 'enforced mechanism' (of Law or 'Force Majeure'). The Mechanism can only be by obvious 'Stake', by the Region in Central Government and therefore National Unity. The guarantee of regional autonomy for Tamils now bases itself on the devolutionary structure; and stake in Central Government. Devolution to be real must provide as much for 'other Minorities as for the 'Area' Majority For North-East - The Tamil Majority To the Regional Majority, it shall be by: Recognition of 'single', overall Area Special Regional "Subjects Commissions", for Police, Judiciary, Administration, Land. All Bodies (Council, Assembly, Cantons, Subjects, Commissions, to carry the Deputy positions from local Minority Community; and to be on a 'Committee System' of Administration. For North-East - The (Muslim) Minority Guarantee to the (Regional) Minority will be in: Identified South Eastern Regional Assembly within the overall Region. Adoption of the Ex. Co. type System at Regional level Annual Muslim 'Regional Cultural Conference' (with consultative status in Regional Council) Cantonal Councils in all Muslim Micro Settlements in Region Two "Special Sessional Committees" of Council, respectively for North and East, with Regional Minority weightage, holding powers to "Initiate, Veto, Vet" on agreed matters in Council All these, together, providing far superior guarantee to Muslim Minority than other (potentially divisive, esp confrontational) arrangements Collateral (Mutual) Arrangements Collateral arrangements, such as a (specially structured) Consultative Council of Chief Ministers (with Central Government representation/role) including Concurrence of "affected Chief Minister's Council" in "listed" matters. Final resolutions of issues to be "Consensual". For example, agreed modalities for appointment and tenure of Governor, Chief Minister, and certain other provisos (incl 'freedom to anybody to live anywhere' on own initiative), easily seen to flow out of these. Satisfaction The foregoing Structures and Provisions cannot fail, to resolve all 'basic' Issues, and to provide all mutually essential satisfactions with Understanding and Stability. Spill-over issues The best of arrangements would always have some residual/outstanding matters, which then must be resolved in the spirit and within the framework of the arrangements. Nothing need be considered insurmountable. |
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