Full implementation of 13A: Final solution to ‘national problem’ or end of unitary state?
By Kalyananda Tiranagama
Lawyers for Human Rights and Development
It appears that President Ranil Wickremasinghe, all along his political career, has acted in the belief that he can bring about national unity, true national reconciliation among different communities and find a lasting solution to the ethnic problem only by granting more and more concessions to the racist political parties with separatist agendas in the North and the East and complying with their demands.
In 2002, as the Prime Minister, Wickremesinghe signed, without the approval of President Chandrika Kumaratunga, an Oslo-brokered ceasefire agreement with the LTTE, allowing the LTTE to have internal self-administration in the areas under their control in the North-East. In 2005, he supported the move of the Kumaratunga government to sign a Memorandum of Understanding with the LTTE for the establishment of a Post-Tsunami Operational Management Structure (P-TOMS Agreement) under LTTE leadership for carrying out reconstruction work in the six Tsunami affected Districts in the North-East. In 2006, he assured the TNA of support for the re-merger of Northern and Eastern Provinces if a motion was brought for that purpose in Parliament. During the war for the liberation of the North-East from terrorism, instead of supporting the war effort, his party tried to derail the war effort by abstaining from voting for the extension of the Emergency and making derogatory remarks about the victories of the armed forces.
Common Dream of Wickremasinghe and Sampanthan
In his Address to Parliament on February 8, 2023 delivering the Policy Statement of the Government, President Wickremasinghe disclosed a common dream Mr. Sampanthan and he had been trying to realise over the years thus:
‘‘Both Hon. R. Sampanthan and I were elected to Parliament in 1977. We both have a common dream, which is to provide a sustainable solution to the ethnic problem in Sri Lanka while we are both in Parliament. Ever since, we have been discussing that dream and have been making efforts towards its achievement. All previous attempts have failed, but we wish to succeed this time. We expect your support to this end.’’
Before proceeding to examine the dream of the President, let us examine the dream of Sampanthan and the political organisations led by him: the Tamil United Liberation Front (TULF) and the Tamil National Alliance (TNA). This dream remained continuously unchanged since the founding of the Ilankai Thamil Arasu Katchi (Federal Party) in 1949. The name of the Party – Ilankai Thamil Arasu Katchi (ITAK) or (Tamil State Party of Ceylon) itself reflects this dream. This dream was reiterated in various resolutions passed at their conferences and public declarations at different times.
Dream of Sampanthan and other Tamil leaders
Trincomalee Resolution of ITAK – April 1957
The Resolution passed at the first National Convention of the ITAK held in Trincomalee in April 1957 elaborates on this dream citing the components this dream consists of:
“Inasmuch as it is the inalienable right of every nation to enjoy full political freedom without which its spiritual, cultural and moral stature must degenerate and inasmuch as the Tamil Speaking People in Ceylon constitute a nation distinct from that of the Sinhalese by every fundamental test of nationhood, firstly that of a separate historical part in this island at least as ancient and as glorious as that of the Sinhalese, secondly by the fact of their being a linguistic entity different from that of the Sinhalese, with an unsurpassed classical heritage and a modern development of language which makes Tamil fully adequate for all present day needs and finally by reason of their traditional habitation of definite areas which constitute one-third of this island, the first National Convention of the I.T.A.K. demands for the Tamil Speaking Nation their inalienable right to political autonomy and calls for a plebiscite to determine the boundaries of the linguistic states in consonance with the fundamental and unchallengeable principle of self-determination.”
The components of this dream are as follows:
a. Tamil Speaking People in Ceylon constitute a nation distinct from that of the Sinhalese by every fundamental test of nationhood: i. playing a separate historical part in this island at least as ancient and as glorious as that of the Sinhalese; ii. with an unsurpassed classical heritage and a modern development of language making Tamil fully adequate for all present-day needs; iii. their traditional habitation of definite areas constituting one-third of this island; b. Inalienable right of the Tamil Speaking Nation to political autonomy.
Vaddukoddai Resolution of TULF
The Vaddukoddai Resolution unanimously adopted on 16 May 1976 by the Tamil United Liberation Front (TULF) consisting of all the Tamil political parties and groups in the North – East narrated in its preamble all the rights denied to or deprived of Tamil people by the successive Sinhala governments and their demands for restoration thereof:
a. The Tamils of Ceylon by virtue of their language, their religions, their separate culture and heritage, their history of independent existence as a separate state over a distinct territory for several centuries and, above all by their will to exist as a separate entity ruling themselves in their own territory, are a nation distinct and apart from Sinhalese;
b. Throughout centuries from the dawn of history, the Sinhalese and Tamil nations have divided between themselves the possession of Ceylon, the Sinhalese inhabiting the interior of the country in its Southern and Western parts and the Tamils possessing the Northern and Eastern districts;
c. Successive Sinhalese governments since independence have encouraged and fostered the aggressive nationalism of the Sinhalese people and have used their political power to the detriment of the Tamils by making serious inroads into the territories of the former Tamil Kingdom by a system of planned and state-aided Sinhalese colonization and large scale regularization of recently encouraged Sinhalese encroachments, calculated to make the Tamils a minority in their own homeland.
d. The proposals submitted to the Constituent Assembly by the Ilankai Thamil Arasu Katchi for maintaining the unity of the country while preserving the integrity of the Tamil people by the establishment of an autonomous Tamil State within the framework of a Federal Republic of Ceylon.
‘‘This convention resolves that restoration and reconstitution of the Free, Sovereign, Secular, Socialist State of TAMIL EELAM, based on the right of self-determination inherent to every nation, has become inevitable in order to safeguard the very existence of the Tamil Nation in this Country.
This Convention directs the Action Committee of the Tamil United Liberation Front to formulate a plan of action and launch without undue delay the struggle for winning the sovereignty and freedom of the Tamil Nation; and
This Convention calls upon the Tamil Nation in general and the Tamil youth in particular to come forward to throw themselves fully into the sacred fight for freedom and to flinch not till the goal of a sovereign state of TAMIL EELAM is reached.’’
From this it clearly appears that not only the LTTE and the other armed militant groups, but the entire leadership of the TULF was also responsible for aiding and abetting and leading the Tamil youth for the 30-year war against Sri Lanka.
Although the LTTE was defeated and the 30-year war came to an end on May 18, 2009, the ITAK, the TULF or the TNA and the other political parties in the North-East have not abandoned their goal or dream of creating a separate Tamil State in the amalgamated Northern and Eastern Provinces of Sri Lanka. They have only changed their strategy and tactics in the march for reaching their goal.
Speech made by R. Sampanthan, the leader of the TULF, at the 14th ITAK Convention held in Batticaloa in May 2012
In this speech, Sampanthan clearly explains to their members their new strategy to achieve their goal of a separate state thus:
“We gather here following our victory in the passage of the recent Resolution at the UN Human Rights Council, a condemnation against the SL government by the international community.
“Ilankai Thamil Arasu Katchi was created by S. J. V. Chelvanayagam, the father of Tamil Nation, for the purpose of establishing self-determination of the Tamil people on this island. This objective is evident in both the name of the party and in the manner in which it operates.
“Tamil United Liberation Front, of which our party was a member, took the historical decision to establish the separate government of Tamil Eelam in 1976. Based on this decision of our party, and the need to place ourselves in a position of strength, Tamil youth decided to oppose violence with violence and began to rise up as armed rebel groups.
“Liberation Tigers of Tamil Eelam, became a great force within the Tamil community.
“We remember the Tamil youth who sacrificed their lives in armed struggle. …. SL government has committed the crime of extermination against our people,
“The intervention of India has clearly taught us the lesson that whatever our aspirations may be, India will never welcome a political solution in Sri Lanka that does not accord with the interests of India.
“Achieving Tamil Eelam was becoming an increasingly unrealistic goal. Thus, instead of sacrificing more lives to this cause, our party with the help of India, began supporting a solution that allowed Tamil people to live within a united Sri Lanka.
“A most important lesson we have learnt from the past 60 years… is that we should act strategically, with the awareness that global powers will act based on their domestic interests.
“Further, a struggle that runs counter to the international community, built only on military might, will not prevail. It is for this reason, that in the new environment created by various global influences, we have, together with the support and assistance of the international community, found new ways of continuing with our struggle.
“Our expectation of a solution to the ethnic problem of the sovereignty of the Tamil people is based on a political structure outside that of a unitary government, in a united Sri Lanka in which Tamil people have all the powers of government needed to live with self-respect and self-sufficiency.
“The position that the North and East of Sri Lanka are the areas of historical habitation of the Tamil speaking people cannot be compromised in this structure of government…. We must have unrestricted authority to govern our land, protect our own people, and develop our own economy, culture and tradition… Meaningful devolution should go beyond the 13th Amendment to the Constitution passed in 1987.
“The above solution is one that is likely to be acceptable to members of the international community including India and the United States.
“Any solution to the ethnic problem concerning the sovereignty of the Tamil people must be acceptable to the Muslim community in Sri Lanka.
“The international practice prevalent during the mid-eighties, when the intervention of India occurred, has now changed. Although the issue at hand is the same, the prevailing conditions are different. The struggle is the same, but the approaches we employ are different. Our aim is the same, but our strategies are different. The players are the same, but the alliances are different. That is the nature of the Tamil people. Although we still have the same aim, the methods we use now are different.
“The current practices of the international community may give us an opportunity to achieve, without the loss of life, the soaring aspirations we were unable to achieve by armed force.’’.’’ www.sangam.org/2012/06/Sampanthan_Speech.php