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| Sunday, 24 July 2005 |
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Features |  |
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Constitutional trap, P-TOMS and peace by Jayatilleke de Silva
Poor nations like us often fall into traps. Most notorious among them is the debt trap common to all developing countries. Then there is the Structural Adjustment trap of the International Monetary Fund, which tends to pull you further down the abyss of the debt trap in the name of pulling you out. Now there is also the newly laid trap of the World Trade Organization (WTO), which in the name of trade liberalization denies a level playing field for poor countries like us. Added to this is the new digital trap which imposes outdated technology on us so that we are prevented form utilising the benefits of the revolution in Information Technology that would enable us to leapfrog into a developed status. On the top of all these Sri Lanka is also in the grip of a Constitutional trap. The so-called bahubhuta (nonsensical) Constitution has literally stalled the implementation of even a simple administrative tsunami relief structure. In this context much more radical democratization measures like devolution of power are simply unthinkable. Constitutional wizardry of JRJ Constitutional wizardry of J.R. Jayewardene has left us a legacy of permanent crisis involving all three arms of the state - the Executive, the Legislature and the Judiciary. At the moment it is manifested in the forms of the P-TOMS imbroglio. A permanent crisis or what is termed General crises in the lexicon of the Left is by no means tragic by itself for it could be a prelude to a social revolution. Yet in the context of the present Sri Lankan polity where there is a clearly discerned crisis of leadership permeating both the superstructure and the economic basis it has led to a tragi-comedy where the key political players are involved in a magadi nadagama (con drama). The situation is more close to a counter-revolution than a revolution despite the rhetoric of the red comrades of the JVP. Epicentre of storm The epicentre of the developing storm has shifted clearly to the Eastern province. Trincomalee with its mix of all three major communities has become a hot spot of communal tension. Adding fuel to the ethnic fire religion too has been drawn into the controversy. It is most unfortunate that the image of the Most Compassionate One, the Tathagata has been used as a weapon in the fight for political hegemony in the area. It would be too naive to believe that those persons instrumental in erecting Buddha statues in congested public places in the Trincomalee town were motivated by pure religious sentiment. As the lead story in the Sunday Observer last Sunday revealed subversive elements are active there. Whatever their objective and intentions may be such activities are impregnated with the danger of communal violence leading even to a new stage of the fratricidal war that engulfed us for two decades. The situation is the entire Eastern province is volatile for there are several militant groups carrying arms that have become a law unto themselves. It is unfortunate that the state has been so far unable to contain violence in the province. The Ceasefire stands threatened daily. Most of the CFA violations occur there. In view of the operation of the Karuna faction that is not restrained by any accord, the SLMM and the Government have both been impotent in restraining the LTTE in their violent actions in contradiction of the CFA. All these groups including the nascent jihadists have patriotism as their banner. They little realise, however, that their narrow and sectarian perception of patriotism might actually stand in contradiction with true patriotism that would ensure a speedy solution to the national question so that Sri Lanka could take off on the development highway at a speedy pace. Third dimension One reason for the volatile nature of the East is the failure to take into consideration the third dimension in the ethnic crisis, namely the Muslim factor. Contrary to the views of many so-called patriots in the South the well-being of the Muslims in the East is best guaranteed by a harmonious relation between them and the Tamils who inhabit the region just as much their well-being in the South is ensured by a harmonious relation with the Sinhala people there. That is why setting up the Muslims and the Tamils in the East against each other is both regressive and dangerous. Of equal importance is the necessity to assess the role of the Muslims in an overall peaceful solution of the national question with special reference to their role in the North East. Peace process The signing of P-TOMS had highlighted the opportunity it presented to revive the stalled peace process. During the time of the fateful tsunami last December there was near unanimity that the natural calamity that all communities faced would rekindle the flame of peace in the hearts of the Sri Lankans. The Supreme Court Order restricting the implementation of some aspects of P-TOMS, however, has dampened the spirits of the peace-lovers. As the Government has rightly stressed the SC judgment had certain positive implications too. For example, it legitimised the P-TOMS and upheld the powers of the President to enter into agreements with the LTTE. P-TOMS could very well become operational subject to the restrictions imposed or with suitable adjustments that would correspond to the SC determination. Therefore, it is imperative that the Government and the LTTE meet face to face to thrash out contentious issues and find solutions to the problems arisen due to recent developments. Among major issues of contention are the Ceasefire violations on both sides, the security risk to LTTE cadres and their safe passage through Government held territory for political work and the operation of paramilitaries in the East. The Government sensing the danger in a rapidly deteriorating situation in the East started a dialogue with the LTTE on these issues through the Norwegian facilitators. Many efforts are being taken to continue with the dialogue. The Norwegians have expressed confidence that a solution to some of these contentious issues could be worked out. Presidential poll The UNP seems oblivious to all other developments except to its own agitation to get a Presidential poll this year. Excepting for a few "wisecracks" from Prof. G.L. Peiris, its media spokesman, the UNP has literally forgotten the P-TOMS and the tsunami victims. One cannot even say it has forgotten these victims as it was never in its mind even at the time of the disaster when the UNP was conspicuously absent in the immediate relief effort. Albert Einstein the celebrated physicist who invented the Theory of Relativity once jovially explained to a layman its meaning thus: " If you sit on the lap of your girl friend for three days it looks as if it is three seconds but if you sit on a hot iron stove for three seconds it seems like three days." Ranil Wickremesinghe seems to be sitting on a hot iron stove as far as the Presidential poll is concerned. He is definitely a man in a hurry. He has even managed to enact an international episode. An innocuous international gathering called the International Democratic Union (IDU) is supposed to have passed a resolution demanding the Sri Lankan Presidential poll this year. According to unconfirmed media reports Australian Prime Minister John
Howard famous for his off the cuff remarks a la Muralitharan has spoken on
behalf of our dear Ranil. Poor Howard! Unlike Minister Anura Bandaranaike
and JVP's Wimal Weerawansa we do not admonish him for 'he does not know what
he is doing". Oh! Father, forgive him. |
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