'Majority report' sheds light at the end of the tunnel...

But, will we grab the opportunity?

Though the enactment of the Prevention of Terrorism Act, the anti-terror legislation, much loathed by the rights groups robbed the limelight of the past week, one least noticed development- sad enough, even media reports on the subject were in a negative light - could perhaps be the refreshing light at the end of a long and nightmarish tunnel.

The deliberations of the panel that is fast gathering momentum stands to be a cause for optimism. Indeed, what is now fondly called the "majority report" of the panel of experts, endorsed by eleven out of seventeen members, has now recommended maximum devolution of powers with the province as the unit of devolution and appointment of two Vice-Presidents from minority communities and setting up of a second chamber comprising representatives from provinces. The 37- page majority report endorsed by the multi-ethnic members of the panel included six Sinhalese, four Tamils and a sole Muslim member have opted to avoid the controversy over federal Vs unitary and recommended Sri Lanka to be termed as "one, free, sovereign and independent State."

Dwelling on the causes for the National Question, the report says though the country was multi-ethnic and multi-religious, the numerically small communities have not received their due share in the state power.

"This has resulted in the minorities being sidelined and becoming alienated from the Sri Lankan state, as initial efforts to redeem this situation by a power-sharing mechanism failed." "The approach of this group has been to evolve, to the maximum extent possible, a form of genuine power-sharing between the different ethnic/religious communities, which is not based on any particular model, but will suit our own needs."

The Report

The report identifies, "The right of every constituent people to develop their own language and culture, and preserve their history and the right to their due share of state power, including representation in institutions of government, would be recognised without weakening the common Sri Lankan identity. It recommends in-built mechanisms to be set up to discourage secessionist tendencies and to preserve the unity, sovereignty, and territorial integrity of the state. The report recommended a single North-East province with two internally autonomous units to address the concerns of the Muslim and Sinhala populations.

"In such an arrangement, the Muslim-majority unit will comprise Kalmunai, Sammanthurai and Pottuvil polling divisions as the base together with non-contiguous Muslim-majority Divisional Secretaries Divisions in the North-East. The Sinhala-majority unit will comprise Ampara polling division together with non-contiguous Sinhala-majority Divisional Secretary's Divisions in the North-East." The report recommended that the Northern and Eastern provinces be merged for 10 years, and the wishes of the people of the East on continuation of the merger be ascertained through a referendum at the end of the period.

It also recommended an autonomous zone council to address the concerns of the Tamils of Indian origin.

"For devolution to be meaningful, it is recommended that the majority of the subjects and functions be categorised as belonging to the national sphere or the provincial sphere, with a provision for a Concurrent List consisting of a minimum of subjects and functions." The group recommended that subjects such as defence, national security, foreign affairs, immigration/citizenship, communication, national transportation, international commerce/trade, maritime zones, and shipping and navigation, be reserved for the Centre. In a measure similar to quasi-federal Indian system, the report recommends the Centre to emergency powers to intervene in the provinces if there is "clear and present" danger to the unity, territorial integrity, and sovereignty of the state, and when the provincial authorities request intervention.

It recommended that at any given time, one of the Vice-Presidents be the Chairman (non-voting) of the Second Chamber, while the other be the Chairman of the High Posts Commission. The Chairmanship shall be on the basis of rotation between the two bodies. Their term of office is to be three years. A Second Chamber, comprising representatives from the provinces, would engender in the provinces a strong feeling that they too have a distinct role to play in the national legislature.

"The Second Chamber would also function as a mechanism to rectify possible imbalances of representation in the Lower House. This institution could also facilitate consensus building amongst interest groups." The Group identified the concerns of communities in the North and East. These include a feeling of exclusion from political power, including issues/matters affecting Tamils, access to state land, and a general feeling of insecurity. The concerns of Muslims of the North and the East have been listed as fear of ethnic cleansing and the consequent loss of private property, security, and access to state land. The concerns of the Sinhalese are security and apprehension of possible loss of livelihood opportunities resulting from devolution.

Sri Lanka as a nation is known to agree to disagree. That is also in the case of the panel of experts, which has also prepared a minority true report and two dissenting reports, all reflecting hardline nationalistic stances articulated by the JVP and the JHU.

The minority report is by H. L. de Silva, Gomin Dayasiri, Manohara de Silva and Professor G. L. Peiris. Former civil servant, M.D.D. Pieris, and K. H. J. Wijayadasa, former Secretary to President Premadasa have presented the other report.

However, according to a member of the panel, the differences of opinion among members of the panel are not "stringent" and could be ironed out. Indeed, last week, the panel of and the All Party Representative Committee (APRC) met where the majority report was handed over to the APRC members.

The report which was deemed to be confidential, however, was leaked to the press. Breach of trust, indeed. But the plus point is people now know there is something to be optimistic about.

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