Political battles

Will Rajapaksa demonstrate the leadership and statesmanship to carry everyone on board once he unveils the political package?

Ranil wickremesinghe, united

Not a day has passed since September 2006 when the headline APRC proposals soon did not appear in one or the other section of the print or electronic media in Sri Lanka. The APRC, or All Party Representative Committee, was constituted in mid-2006 by President Mahinda Rajapaksa in a bid to evolve a political consensus on power-sharing between the majority and minority communities in the conflict-ridden island nation.

But as has been the bane of every peace initiative in Sri Lanka, these headlines started to sound hollow with every passing month. The headlines on January 10, saying that the APRC, on a directive from the President, has conceded to submit a set of proposals on January 23, simply draw a derisive comment or a smirk. A number of factors have contributed to the scepticism among Lanka-watchers on the ability of the APRC to put on the table a credible package to resolve the ethnic conflict. The blind rivalry between the two main political parties of the country is the chief reason for the erosion of the APRCs credibility. Sri Lankan political parties just refuse to learn from history.

The unrest that surfaced among the minorities with the enactment of the controversial 1956 Sinhala Only Act grew into a full-fledged movement for a separate Tamil state in the mid-1970s thanks to the failure of the two major parties the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP) to arrive at an understanding on addressing the genuine grievances of minority groups. Over the decades, the two parties have achieved the dubious distinction of having constantly opposed later what they had proposed when in power.

It is the politics of one-upmanship practised by the UNP and the SLFP that gave birth to Tamil militancy. Indian intervention in 1987, following the Indo-Sri Lanka Accord, to meet the legitimate aspirations of all minorities did succeed in bringing most of the militant groups except the Liberation Tigers of Tamil Eelam (LTTE) into the democratic mainstream.

In ideal circumstances, the 13th Amendment to the 1978 Constitution, incorporating the provisions of the Indo-Sri Lanka Accord on devolution of powers, should have ushered in an era of peace in the strife-torn island. But that was not to be, largely because of the lack of political will on the part of the J.R. Jayewardene government to translate the 13th Amendment into action and the obduracy of the LTTE.

The tunnel vision of political parties in the country was best exemplified when political and other groups of all hues came together for the first time in the history of Sri Lanka in 1989-90 to oust the Indian Peace Keeping Force (IPKF). That, too, at a juncture when the IPKF had largely succeeded in cornering the LTTE and New Delhi was doing its best to cajole Colombo to give the minorities their due. Exploiting the situation to the hilt, the Tigers grew in strength militarily and politically; they captured the north-east and hounded out all other forces from these areas.

Post-Rajiv Gandhi assassination, India adopted a hands-off policy on Sri Lanka and the 13th Amendment was reduced to a piece of paper. In the 17 years since the IPKF departed from the shores of Sri Lanka, there have been numerous efforts, by President Chandrika Kumaratunga and then Prime Minister Ranil Wickremesinghe, to present a political package acceptable to all but in vain. The southern consensus, a phrase to connote understanding among the major political parties on devolution of powers, has proved elusive.

The situation was back to square one when Rajapaksa took over the reins of power in November 2005. He won the presidential election with a narrow margin against Wickremesinghe with the pledge to make a new beginning in seeking a political solution to the ethnic conflict. The APRC was born a few months later. To underline his sincerity in his quest for a political solution, Rajapaksa further appointed a group of multi-ethnic experts to help him evolve a political package acceptable to all sections.

In October 2006, Rajapaksa pulled off an incredible feat. Much to the delight of the island and the world, the SLFP and the UNP signed a memorandum of understanding (MoU) to cooperate in all spheres of national interest. The pact, hailed as historic, brightened the chances of a possible resolution of the ethnic conflict like never before.

But narrow political interests soon took their toll. The pact was torn to pieces by the UNP after the President chose to induct 19 UNP dissidents into the government in January 2007. Incensed with the blatant poaching of MPs, the party also walked out of the APRC. The Janatha Vimukthi Peramuna (JVP), the ultra-nationalist party, had left the APRC in October in protest against the report of the majority members of the multi-ethnic group.

In addition, in October 2006, the Sri Lanka Supreme Court, acting on a petition by the JVP, declared the merger of the Northern and Eastern Provinces, as a follow-up to the Indo-Lanka Accord, null and void. The court pronounced the merger unconstitutional on the grounds that it was effected through a presidential decree and not through the parliamentary route. The UNP announced its readiness to cooperate for a re-merger of the north and the east if the government was to introduce the necessary Bill in Parliament. However, the Rajapaksa regime chose not to respond.

With the UNP and the JVP out of the APRC and the pro-LTTE Tamil National Alliance (TNA) not invited to be a part of it, the committee has been reduced to a body of the ruling SLFP combine, its electoral partners and the rump group of the UNP. So it is a misnomer to refer to it as the APRC.

However, Prof. Tissa Vitharana, the committees Chairman and a Minister, is hopeful of getting the recommendations of the APRC endorsed by the UNP. I have already initiated discussions with the UNP leadership and I have been given to understand that the party would give its views after we present the proposals. I have also appealed to the JVP to return to the committee though so far there has been no positive response, Prof. Vitharana, who has been struggling to put together proposals acceptable to the broadest possible political spectrum, told Frontline.

After the government decided to withdraw from the Cease Fire Agreement (CFA), there is tremendous pressure on the Rajapaksa regime to announce a political package. It was against this backdrop that the President summoned a meeting of party leaders along with Prof. Vitharana on the night of January 9. There it was agreed that the APRC would submit its report to the President on January 23 and the government would make public its contents on January 25.

The tunnel vision

Prof. Vitharana said there was consensus within the APRC on most sections of the draft he had circulated among the members in January 2007. The draft itself is based on proposals made by various parties and the reports given by the multi-ethnic experts group. There is agreement on most sections of the draft I had circulated. Only two or three controversial issues need to be sorted out, he said.

Pending unveiling of a political package by the President, the committee is in favour of immediate setting up of the north and east Provincial Councils. Favouring full implementation of the Amendment, the committee would recommend to the President to grant more powers to provinces to overcome any existing deficiencies in the 13th Amendment after its approval by Parliament. The government would need a two-thirds majority to get the endorsement of Parliament and this would be possible only if Rajapaksa succeeds in getting every important party, particularly the UNP, on board.

The Vitharana draft has been in public domain for over a year now and the crux of the report appeared in The Hindu in January 2007. It has proposed that Sri Lanka remain a unitary state according Buddhism the primary place but go in for greater devolution of powers to provinces in a bid to end the prolonged ethnic conflict. The following are some of the proposals in the report:

Sri Lanka shall be a unitary state in the sense ... it shall be deemed to be an undivided, integrated and inter-dependent state structure with power shared between Colombo and the provinces and among the provinces.

The Sri Lankan state shall protect and foster the Buddha Sasana while respecting other religions. Sri Lanka shall adopt a parliamentary form of government, with the executive powers exercised through the President who shall act on the advice of the Prime Minister and the Cabinet.

The transfer of executive powers to Parliament shall take place at the end of the current term of office of President Rajapaksa. Until then, the President shall be deemed an MP, responsible and answerable to Parliament.

All Sri Lankans eligible to vote can be registered as voters even if the war has displaced them within the country or forced them to go abroad. In line with the suggestions made by a group of experts, a bicameral legislature shall be formed. This shall include a House of Representatives, to be elected by the people, and a Senate, to be elected by the Provincial Assemblies. Each of the nine provinces shall elect eight Senators, making it a 72-member body.

There shall be a Vice-President who shall belong to a community other than the Presidents and he or she shall hold office for two years. The number of Cabinet Ministers and Deputy Ministers shall not exceed 30 each. The Cabinet should reflect the pluralistic character of the country and be genuinely representative of the provinces.

Every province in Sri Lanka can have its own flag and emblem. There shall be equitable representation for different ethnic groups in the public services and suitable affirmative action so that Sri Lankan Tamils, Indian Tamils and Moors are suitably represented in these services. But such affirmative action shall be for an interim period to restore the ethnic balance in the public services.

The APRC has drawn up detailed lists for the distribution of powers between the Central and the provincial administrations. There will be a National List, whose subjects would be governed by Colombo, and a Provincial List, that would be the mandate of the provincial legislatures. Provincial legislatures can impose taxes, levies, cess and duties other than income tax, value added tax, general sales tax and customs duties.

There would also be a National Police Service (NPS) and a Provincial Police Service (PPS), working in close coordination. Special units of the NPS made up of members of all ethnic communities would be deployed in the provinces in emergencies.

The proposals have detailed safeguards against secession, going into minute details of how the Central government can react if it fears secession in any province. The APRC has decided to leave to the larger peace talks, if and when they take place, the emotive Tamil demand for a merger of the Northern and the Eastern provinces where Tamils dominate, though the East is home to a large number of Sinhalese and Muslims as well. The latter communities feel they will lose out if the provinces become a single administrative unit since Tamils will then dominate.

An Indian Tamil Cultural and Development Council (ITCDC) is proposed to be set up to serve Indian Tamils, who primarily live in the tea-growing areas, in education, culture, health and rural development. The APRC has suggested that local authorities such as Pradeshiya Sabhas and Municipal or Urban Councils be recognised and granted more powers. In the demarcation of Pradeshiya Sabhas, due weight be given to geographical factors as well as minority community interests, it says.

On the face of it, the proposals are good and should be acceptable to all moderates. But then, it is not because of a lack of proposals that the Sri Lankan ethnic conflict has dragged on for decades. The key to a sound beginning towards a resolution of the ethnic strife lies in consensus among all major parties and the political will of the leadership to implement agreed proposals. Will Rajapaksa demonstrate the political leadership and statesmanship to carry everyone on board once he unveils the much-awaited political package?