Articulating the Tamils'right to self-determination

TNA fine-tunes proposals,TPC calls for pre-constitutional agreement:

by P. Krishnaswamy

The two main representative bodies of the North-East Tamils - the Tamil National Alliance (TNA) and the Tamil People's Council (TPC) -which have been articulating with the Tamils' right for self-determination ahead of the constitution making process would present the proposals to the Constitutional Assembly soon.

The resolution on converting the Parliament into Constitutional Assembly (CA) is now before the Parliament and Parliamentarian Dr. Jayampathy Wickramaratne who is the constitutional advisor to the Assembly said the resolution would be passed in the course of next week and the CA would begin its task.

TNA - the alliance of four Tamil political parties - led by Opposition Leader R.Sampanthan, which virtually represents the entire Tamils of the two provinces in Parliament, the Northern and Eastern Provincial Councils ( PCs) and other local government bodies on Thursday decided to appoint a-10 member committee to put the final touches to the proposals.

The decision to appoint a committee was a sequence to months-long deliberations within the party and visits abroad to study federal constitutional models practiced in certain countries. The proposals of the TNA would be presented to the CA shortly, informed sources said.

TPC led by TNA dissident and Norther PC Chief Minister (CM) C.V.Wigneswaran which had appointed a committee of experts to formulate its proposals has already put out its draft proposals in the form of a booklet. This is is now before the Tamil public of the North and East for their inputs and amendments.

The draft proposal at the outset insists that as an important prerequisite prior to the constitution making process to resolve the issue 'is the recognition of the Tamil people's uniqueness and their right for self-determination and that it is from such a political vision that a new constitution can be enacted.

In the absence of such an understanding, thea constitutional process will, like on previous instances be 'majoritarian and unilateral and bound to fail', it has been stated in the draft proposals of the TPC. A pre-constitutional agreement in the form of a treaty recognising inter-alia the sovereignty, the constituent power and the traditional homeland in the areas of historical habitation of the Tamils people should be entered into.

The agreement should also spell out measures to be taken for accountability and justice, address issues relating to disappearances, release of political prisoners, release of land occupied by Armed Forces in the North-East , demilitarisation, state-sponsored colonisation, security sector reforms and contain guarantees of non-recurrence. It would be impossible to create a safe and open environment for the discussion of these political/constitutional issues without creating the above enabling conditions in the North-East, it has been stated in the TPC draft proposals.

It has been pointed out that sovereignty vests in the peoples and their constituents are inalienable. The sovereignty of the federation and its units is derived from that of its constituent peoples, it has been stated. Under the sub-titles language, religion, citizenship and fundamental rights, it has been stated that the Federal Republic of Sri Lanka shall be a secular country that guarantees the freedom of religion of all persons and treat all religions equal. Sinhala, Tamil and English shall be the official languages in Sri Lanka.

Under the system of governance clause, under the sub-title, it has been stated that Sri Lanka shall be a Federal Republic and there will be two tiers of government ; the Federal and the State.

The sub-title of the Federation and States, the States have been vested with the powers of land; airports, ports and harbours; police, law and order ; domestic and international borrowings (subject to a ceiling) ; the Regulation of promotion of foreign direct investment, international grants and development assistance to the State. Under the sub-title land, it has been stated that: all lands defined as Land' under the State Land Ordinance shall vest in the States.

Stated lands presently under the control of the Federation in relation to a subject no longer within the Federal List shall revert to the State and all private land within the State under the occupation or control of the Federation must be restored to the possession of its lawful owners. Under other sub-titles on police, law and order; foreign policy; public service, recruitment policy and education, more powers have been vested with the States.