Parliamentary Select Committee:

Consensus vital for implementation

By P. Krishnaswamy

Senior Minister of Scientific Affairs Prof.Tissa Vitharana who chaired the All Party Representative Committee (APRC) on power devolution that held 130 sittings over a period of almost three years beginning from August 2007 had submitted his final report to President Mahinda Rajapaksa.

In an exclusive interview to the Sunday Observer, he said that consensus on several issues were reached at the APRC and five of the 21 issues were incorporated in the Second Version of the Mahinda Chintana. Discussions on the remaining issues have to be discussed for reaching a consensus at the PSC that is now being appointed, he said. He viewed the proposed PSC deliberations as a suitable continuation of the APRC and he believed that the talks will be viable and fruitful. He called upon the TNA to participate in the PSC in a spirit of cooperation and goodwill without laying any pre-conditions, so that consensus could be reached for subsequent constitutional amendments to further strengthen national unity and communal harmony. He also appealed to the TNA to desist from seeking foreign intervention in the country's internal affairs which may deter the talks.

Excerpts of the interview:

Q: As Chairman of the All Party Representative Committee (APRC) you had submitted the final report to the President. A Parliamentary Select Committee (PSC) for deliberations on the issue is now being appointed. Could you please explain the background?

A: The APRC proposals were ultimately agreed upon by the representatives of 13 political parties. But before signing it the parties agreed that the views of the President should be obtained. So I presented the final report with a summary to the President. I am happy to say that of the 21 political issues that were discussed and agreed upon, five have been incorporated into the Second Version of the Mahinda Chintana, though with some modifications. The remaining issues are still outstanding and these are issues that need to be further discussed. These issues include the degree of devolution on different powers to the provincial administration. Consensus has to be reached with regard to them.

Now I view the decision to have a Parliamentary Select Committee (PSC), where all political parties will be represented, as a suitable continuation of the APRC process. When different issues come up for discussion at this forum, it is my intention to table the position already reached on them at the APRC so that lot of time can be saved. Only minor changes would become necessary. I think that tabling of the outcomes of the APRC process will facilitate the PSC to fashion the type of constitutional framework that will bring about unity in the country.

Q: According to what was reported some of the major political parties, including the Opposition UNP, did not either take part in the APRC sittings or quit halfway through. Do you consider it impeded the APRC process?

A: Altogether 17 political parties participated in the APRC process. The JVP quit after 21 meetings over the proposed devolution. Thereafter the UNP withdrew from the talks as a protest against the Karu Jayasuriya faction joining the Government. Towards the tail end of the discussion the question of the removal of the Concurrent List came up for discussion. The general opinion was that power should be very precisely distributed between the centre and the periphery without any Concurrent List because with the presence of the Concurrent List, powers were either not properly exercised or the more powerful central government abused them. The discontented JHU and the MEP withdrew from the talks on this issue. But the other 13 political parties, including the SLFP, remained right through the talks.

Q: What reasons did the TNA attribute for not participating in the talks?

A: The TNA was not initially invited to take part in the talks. But later when it became possible to invite them , I explained matters to invite TNA leader R.Sampanthan and requested him to join the talks. But he insisted that the talks should be open to the LTTE. The TNA should have joined the talks but they were not inclined to do so.

Q: Do you believe that the present situation of peace and democracy throughout the country will pave the way for a suitable solution?

A: There should be maximum consensus among all stakeholders on whatever proposals are made for constitutional amendments so that the implementation will become possible. A consensus can be reached only around the conference table. There is no other way short of having discussions. Either the APRC process has to be resumed or the PSC should begin talks. I am very happy that the PSC is scheduled to begin talks soon.

It is vitally important that the TNA participates in the talks. I am very disappointed over the recent statements made by certain leaders of the TNA. These statements are posing problems rather than facilitating the process. I believe that it should be possible for the TNA to work out a suitable solution around the table through discussions with the different political parties.

I for one, can say that the LSSP and the Left view the problems of the Tamils sympathetically and we will be looking after their interests just as much as the TNA. We will be supporting any suggestion that will give justice to the Tamils and help to win them to live within one country as one Sri Lankan people.

Q: The TNA has over and again announced that it will not join the PSC talks until and unless they came to an agreement with the SLFP on their basic power devolution demands. Your comments please?

A: I think no conditions should be laid down for the commencement of the discussions. In any discussion to solve a problem, the stakeholders who are participants in the talks should be free to raise any issues that they think are relevant. There should be no barriers to the TNA raising these questions at the PSC talks. The question of what powers, police powers etc , should be given to the provincial administration is a matter which can be decided upon at the PSC to the mutual satisfaction of the parties involved. The charges levelled against the PSC is that it is a ruse to drag on the issue without reaching a solution. To counter this false allegation it was decided at leadership levels to impose a six-month time limit for reaching a consensus. I would be placing before the PSC whatever consensus that was reached at the APRC deliberations so that the PSC can continue from that point onwards.

I am confident that if everyone participated in the PSC talks it will be possible to reach consensus and make suitable amendments. In that way the PSC process will be very viable and fruitful.

I am very sorry to note that the TNA, without realising that a solution has to be worked out internally within the country, is talking about foreign intervention in this matter. It is completely unwarranted. This is a matter that can only be sorted out amicably among ourselves. I earnestly appeal to the TNA to refrain from such acts in the future. In a spirit of cooperation and goodwill let us get together and work out a solution.

Q: They have also demanded the unification of the Northern province with the Eastern province where a separate PC is already functioning. How far is it possible and will it impede the talks?

A: In my view that is a premature demand. We know that there is strong opposition within the Government to the idea of a merger. As such this is a matter that should not be raised at this point of time. There are other issues which are crucial to taking the process forward. If the TNA insists on the merger, it will definitely obstruct the talks. The process should be seen as one of mutual respect and compromise so that foreign countries will be convinced of our commitment. The idea should be to build up mutual confidence among the communities and among the political leadership. That should be done gradually starting with the essential issues on which agreement has been reached. Thereafter, when confidence builds up other issues can be raised.

Q: The Sri Lanka Muslim Congress (SLMC) which is a constituent of the UPFA has stated that it will work in coordination with the TNA over the devolution issues but will strongly stand by its position that the Muslim community should be given a separate unit of devolution in the Eastern and Northern provinces annexing all non-contiguous areas of their domicile. Will their stand deter the PSC process?

A: This matter was dealt with at length at the APRC and it was felt that if we start the process of giving a sub-regional unit of devolution in the Eastern province to the Muslims it will set a bad precedence. The up-country Tamils of Indian origin too have demanded a similar unit of devolution. This will set on the process of dividing the country on communal basis. At the APRC it was agreed that we should develop community councils on the lines of what has been done in Belgium. This was mutually agreed to by all parties including the parties representing the Muslims.

So I would recommend that instead of a separate Muslim sub-province in the East, it is far better to go ahead with a national community council.

Q: The NFF led by Minister Wimal Weerawansa and the JHU led by Minister Patali Champika Ranawaka have strongly opposed power devolution to the Tamil regions. Will the President be in a position to offer a devolution package amidst such pressures?

A: Yes. The public opinion poll, the general response among the Buddhist leaders and the members of the clergy have clearly indicated that there is general acceptance in the country on the need for a suitable political solution based on devolution of powers or power sharing.

This process has already been put in place through the 13th Amendment to the Constitution. But it has not been properly implemented in various sectors.

The country is already in the power devolution process. The people are for an arrangement where power will be devolved. Ultimately power must reach the people at village level. In the APRC proposal we said that the process of power devolution should not stop at the PC level but should be extended to divisional level and village level.

Appropriate powers should be devolved right away so that people will attend to their own needs, according to their wishes. The whole idea of power devolution is one of empowering the people rather than the concentration of power and decision-making in Colombo.

The idea is to give suitable decision-making powers to appropriate subject areas right down to the village level. So I think if the President stands firm and goes ahead with implementing those proposals, it will receive the support of the majority of the people. In addition it will also blunt the international attack that is going on against the Government based on human rights and democratic rights issues.

The international community's main interest is with regard to the rights of the minorities.

When they see that there is an effective devolution and power sharing process their doubts will be cleared and their scope to attack our Government will diminish.

I think those two parties are also opposed to the LLRC report. I think it is a very good report which should be properly implemented. Its implementation will also go a long way in reducing the hostile criticism against the Government.

Q: The 13th Amendment to the Constitution was offered as a solution to the grievances of the Tamils of the North and East. While it has not been possible to implement it in the Northern province for many years, councillors of the other PCs in the country have stated that they even cannot exercise the powers already vested with the PCs. They have said that the PCs are not able to fulfil the needs of their local communities and redress their grievances.Your comments please?

A: There is some justification in the statements. The provisions over devolution of powers to the PCs have not been properly implemented while funding has also been severely restricted.

The Councillors are unable to fulfil their obligations by the people who elected them.

So at the discussions at the PSC level we should work out a suitable arrangement to ensure that the provisions over devolving of powers are properly implemented and adequate funds also allocated.

Q: What measures would you suggest for effectively countering the hostile attitude of some sections of the international community towards our Government and their influence over the UN and other international bodies to exert pressure ?

A: My firm conviction is that the best recourse to refute and nullify such manoeuvres against our Government and our leadership is the starting up of an effective process of discussion among the stake holder parties to the power sharing arrangement and the subsequent power devolution so as to ensure empowerment of all sections of the community.

The implementation of the LLRC report will also go a long way in removing the support that is there for the Darusman Report.

This highly biased report is now being used against us. We should get the PSC process going while also implementing the LLRC report.