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1972 Sri Lanka Constitution illegal- Navaratnam

 [TamilNet, Friday, 22 December 2006, 22:45 GMT]

 "The U.S. Assistant Secretary of State Richard Boucher's recent reference to the responsibilities of the [Sri Lankan] Government was precisely the same as the substance of a speech I made in the Ceylon Parliament on 11th June 1968," noted the doyen of Tamil politics, V. Navaratnam, when he spoke to TamilNet on 02 November. "I am 97 years old and have lived through the makings of history - not global history with British troops marching into Belgium to start World War I, but more particularly the political, constitutional, judicial, cultural and social history of Ceylon, the country of my origin."/ Mr. Navaratnam passed away in Canada Friday.

 "It was a lengthy speech, frequently interrupted by the Prime Minister Dudley Senanayake, his deputy J.R.Jayawardene, and others including the president of the Federal party, in which I traced the 50 year history of a series of negotiated pacts for the solution of the Singhalese-Tamil conflict beginning from 1919, through the Mahendra Pact of 1925, the Bandaranaike - Chelvanayakam Pact of 1956 and the Dudley Senanayake - Chelvanayakam Pact of 1965," Mr. Navaratnam said.

 "I am glad to find that the most powerful Donor among the Co-Chairs is well apprised of the dire situation that confronts the Tamils in Ceylon. A high ranking diplomat from the US State Department, Mr. Richard A. Boucher, Assistant Secretary of State for South and Central Asian Affairs, who was in Ceylon recently, addressed an audience in what appears to be a US arranged press conference In Colombo," the doyen of Tamil politics, said.

 Mr. Richard A. Boucher was reported to have said: "We need to start with the basic fact that there is a democratically elected government here in Sri Lanka. A democratic government, as a member of comity of nations, is obliged politically and constitutionally, to respect and defend the human rights of its citizens. Therefore, the primary responsibility to respect and defend human rights is with the government.”

 To a question by another correspondent he said: "I think there is more than that, though, that should lead the LTTE to negotiations. The fact is that the LTTE fights for the legitimate grievances of the Tamil community. The LTTE's goals are also to see Tamil community is respected, and is able to control its own affairs within a unified island. The only way they are going to achieve those aspirations is through negotiations."

 "These are views which are not usually associated with the United States before. Allowing for the propensity of governments to use worn out clichés such as 'democratically elected governments', 'territorial integrity', 'unified country’, 'unitary state', 'eschew violence', 'talks', 'negotiations', 'negotiated settlements', etc, Boucher’s statements reflect U.S. adopting a sympathetic position towards the plight of the Tamils.

 "In my speech at Ceylon Parliament, I charged that the governments in Colombo failed to implement even one negotiated pact during the 50 years. They always found some excuse to abdicate each of the pacts.

 "It was in that speech I called upon the Tamils never again to get drawn into talks with Sinhalese governments in Colombo or enter into negotiated settlements but to rise up and fight for the establishment of a separate, independent, self-governing Tamil state.

 "In a way that speech of mine turned to be one of the contributory factors for making the present day Supreme Court of Ceylon an illegitimate institution, and its Bench of Five Judges lack legitimacy, judicial power and jurisdiction to deliver judgment on North East merger.

 "I am 97 years in age and have lived through the makings of history - not global history with British troops marching into Belgium to start World War I, but more particularly the political, constitutional, judicial, cultural and social history of Ceylon, the country of my origin. Some time after Ceylon received Independence the Judicial Committee of the Privy Council in England delivered judgments in two cases for Ceylon pronouncing that Article 29(2) in the Soulbury Constitution contained entrenched provisions of the law for the protection of the Tamils and other minorities and therefore can never be amended or repealed under any procedure.

 "It upset the Singhalese leadership which had been nursing a secret intention to amend the Soulbury Constitution to vest the Singhalese community with absolute dominant power, take away the political power of the Tamils. When I concluded my speech in Parliament, Dr. Colvin R de Silva, a Marxist MP from the opposition, followed up.

 "His speech was essentially a reply to mine, gave advance public warning of things to come. His mumbled words were understood to say that they would deal with the Soulbury Constitution when they get a chance.

 "He did get that chance much sooner than expected.

 "In 1970, the country went to the polls in a general election to Parliament. Mrs. Sirimavo Bandaranaike, president of the SLFP, who contested the elections in coalition with the Marxists, won with a clear two-thirds majority and became Prime Minister.

 "She took in Colvin R de Silva into her Cabinet as minister for legal affairs. The Law Minister lost no time in getting the Parliament enact legislation abolishing the Senate, the upper house of parliament, and taking away the right of appeal to the Privy Council, the ultimate and final Court of Appeal for Ceylon, both of which formed the bulwarks for the safeguard of the Tamils in the Constitution.

 "The Minister next turned to the Soulbury Constitution- It had been made known from the beginning that the Parliament elected in 1970 would simultaneously function as a parallel constituent assembly to draft and adopt a new constitution for a unitary state to be called Sri Lanka and all members elected to that Parliament would hold duel parallel status as Member of Parliament and Member of Constituent Assembly.

 "Accordingly the 'constituent assembly' deliberated for two years, and in May 1972 proclaimed a new unitary state named 'the Republic of Sri Lanka' in the place of the legal name of Ceylon, and a new constitution for the unitary state making the legitimate and lawfully permanent Soulbury Constitution obsolete.

 "Sirimavo Bandaranaike who held the post as Prime Minister of Ceylon under that Constitution resigned and was appointed by an illegitimate president as 'Prime Minister of Sri Lanka'. She took an oath swearing to uphold and protect the new spurious constitution. So did all the ministers of her cabinet, and all the MPs, Judges of Courts, and all authorities in control of governance.

 "In one clean sweep Colvin R. de Silva was able to destroy without the loss of a drop of blood what the British had taken two centuries to achieve and leave behind. It was a daring, willful and virulent exercise of lawbreaking in violation of the fundamental law of the land from which all activities of government derived their legality. From that day in May 1972 to the present, the Rule Law became a myth, the democratic legal principle for orderly life in Ceylon society was made extinct./ "Who cares, so long as you have the numbers? Dr.Colvin R. de Silva, the Marxist, knew that you only need to show that 51% voted for the winning side for the world to be convinced, in the words of Mr. Boucher, that you have a democratically elected government.

 "The world has no time to look into the legality of the election. The Five Judge Bench likewise knew that they were the ultimate and final Court of Appeal for Ceylon and that there can never be a challenge to the judgment they proposed to deliver declaring the merger of the Northern and Eastern Provinces invalid./ "No one among the large number of critics who made adverse comments on the judgment North East merger had the insight to ask from where did the five Sinhalese judges get the judicial power to hear a case and deliver a 'judgment'?

 "The Supreme Court of present day Ceylon in which name the ‘judgment’ was delivered, is a nullity in law, an illegitimate creation of a 'parliament' which has no legal source from where it can claim legitimacy.

 "Every government, every parliament, all courts of law including the supreme court, and all agencies and institutions exercising powers of governance and which came into existence in or after May 1972 are all illegitimate and a fraud.

 "All these are results of premeditated and well-planned scheme of the Sinhalese leadership representing the majority community in Ceylon to bypass the lawful Soulbury Constitution.

 "Only a few days ago the newly appointed British High Commissioner for Ceylon told the world that his country Britain first arrived in the Indian Ocean waters there were three different, separate, independent, sovereign Kingdoms in the island of Ceylon. All three came under British rule at different times.

 "In 1833 Captain Colebrook merged the three Kingdoms and unified their territories into a single British colony for administrative convenience. The Jaffnapatnam Kingdom in the north and East was divided into the Northern and Eastern Provinces inhabited by the Tamils: the west and southern maritime countries of the Jayewardenepura Kotte Kingdom into the Western, North - Western, Sabragamuwa and Southern Provinces inhabited by the Low Country Sinhalese people; and the central hill country of the Kandyan Kingdom into the Central , North - Central and Uva Provinces inhabited by the Kandyan Singhalese people.

 "In the context of the 'judgment' referred to above the question arises: why did not the President Mahinda Rajapakse and his JVP allies, all of the Southern Province, file a case to undo the Colebrook merger?

 "Is it because they feared to rouse up the sleeping Kandyans? In the hypothetical event of such a case, what would be the judgment of the present day Supreme court of Ceylon?"

Full text of the decisions of the SPA-Maoist summit meeting:

Respecting people’s aspiration for democracy, peace and progress expressed through repeated historic people’s movement and struggles since 1951, 

Reaffirming commitments to the 12-point and 8-point agreements, and 25-point code of conduct between the seven parties and the Maoists along with other agreements, understandings, code of conducts and letter sent to the United Nations stating similar perspectives by the Maoists and the Nepal government, 

Pledging for progressive restructuring of the state by resolving prevailing problems related with class, ethnicity, regional and gender differences, 

Reiterating commitments to competitive multiparty democratic system, civil liberties, fundamental rights, human rights, complete press freedom, rule of law and all other norms and values of democratic system, 

Guaranteeing the fundamental rights of the Nepalese people to cast their votes in the constituent assembly polls without any kind of fear, 

By putting democracy, peace, prosperity, progressive social and economic transformation, independence, integrity, sovereignty and prestige of the state in the centre-stage and to implement the commitments made by both the sides to hold the election to constituent assembly by mid June 2007 in a free and fair manner, the following decisions have been taken from the meeting of the top leaders of the seven parties and the Maoists today, November 8, 2006. 

I. Relating to the implementation of the past agreements 

Implement all the agreements, understanding and code of conduct signed earlier - fully, sincerely and strongly 

Form a high-level commission to investigate and publicise the whereabouts of citizens stated to have been disappeared by the state and the Maoists in the past 

Accelerate the process of returning the houses, land and properties confiscated in the past. Ensure the environment so that displaced people would be able to return to their villages. For this purpose, committees would be formed in districts comprising representatives from both the sides. Complete all these works within one month. 

Make public announcement regarding the withdrawal of all accusations and charges levelled by the state at the leaders and the cadres of the CPN (Maoist) and release all political prisoners from both the sides. 

II. Relating to management of arms and army 

In order to hold the elections to constituent assembly in a peaceful, free and fair environment and for democratisation and restructuring of the Nepali Army as per the feelings expressed in 12-point agreement, 8-point understanding, 25-point code of conduct and 5-point letter sent to the United Nations, the following works would be carried out: 

Relating to Maoist army 

As per the commitments expressed in the letter sent to the United Nations by the Nepal government and the Maoists on August 9, the combatants of the Maoists would be sent to following cantonments. The United Nations would do the necessary verification and monitoring of them. 
Main camps would be in the following places 

1. Kailali, 2. Surkhet, 3. Rolpa, 4. Palpa, 5. Kavre, 6. Sindhuli 7. Ilam. There would be three smaller camps located in the periphery of each of these main camps 

All the arms and ammunitions would be securely stored in the camps except those needed for providing security of the camp after the Maoist combatants are sent to the cantonments. They will be put under a single lock system and the concerned side would keep the key of this lock. For the UN to monitor it, a device with siren as well as recording facility will be installed. When there is need to examine the stored arms, the UN would do so in the presence of the concerned side. Prepare the details of technology including camera for monitoring as per the agreement among the Nepal government, the Maoists and the United Nations. 
On completion of cantonment of the Maoist combatants, Nepal government would take up the responsibility for providing ration and other facilities to them 
The interim cabinet would form a special committee to carry out monitoring, integration and rehabilitation of the Maoist combatants 
Make arrangement for the security of the Maoist leaders as per the agreement with the Nepal government 
Relating to Nepali Army 

The Nepali Army would be confined to the barracks as per the commitments of the letter sent to the United Nations. Guarantee that its arms would not be used for or against any side. Keep similar quantity of arms of the Nepali Army in the store, seal it with single-lock system and give the key to the concerned side. For the UN to monitor it, a device with siren as well as recording facility will be installed. When there is need to examine the stored arms, the UN would do so in the presence of the concerned side. Prepare the details of technology including camera for monitoring as per the agreement among the Nepal government, the Maoists and the United Nations.. 

The cabinet would control, mobilise and manage the Nepali Army as per the new Military Act. The interim cabinet would prepare and implement the detailed action plan of democratisation of the Nepali Army by taking suggestions from the concerned committee of the interim parliament. This includes works like determination of the right number of the Nepali Army, prepare the democratic structure reflecting the national and inclusive character, and train them on democratic principles and human rights values 

Continue the works of the Nepali Army such as border security, security of the conservation areas, protected areas, banks, airport, power house, telephone tower, central secretariat and security of VIPs. 

III. Relating to the subjects of the interim constitution 

1. Relating to interim constitution 

Finalise the interim constitution presented by the interim constitution drafting committee as per the agreements reached today 

The reinstated House of Representatives would promulgate the interim constitution and the newly formed interim legislature would endorse it. 

2. Relating to the monarchy 

No rights on state administration would remain with the King 

Bring the properties of the late King Birendra, late Queen Aishwarya and their family members under the control of the Nepal government and use it for the welfare purposes through a trust. 

All properties acquired by King Gyanendra by the virtue of him being the King (like palaces of various places, forests and conservation areas, heritage having historical and archaeological importance) would be nationalised. 

Determine the fate of the institution of monarchy by the first meeting of the Constituent Assembly through simple majority vote. 

3. Relating to interim legislature (parliament)

The interim legislature would be unicameral of the following type: 
There would be 209 members of the seven parties and others who are members of the present lower and upper house (excluding those who opposed the people’s movement). Since the Left Front does not have its representation in the current parliament, its representation in the interim parliament would be determined based on understanding. 
ii. 73 members from the side of the Maoists 

iii. 48 members from among the sister organisations and professional bodies, oppressed ethnic communities and regions and political personalities (to be nominated based on understanding) 

(total number : 330) 

But those who stood against the people’s movement would not be given membership in the interim parliament. 

The reinstated House of Representatives and National Assembly would be dissolved once the formation of the interim parliament is complete. 

The people’s government, people’s court run by the CPN (Maoist) would be dissolved on the day of the formation of the interim parliament. 

Run the interim parliament as per the political understanding 

4. Relating to interim government 

Form the interim cabinet as per the understanding 

Determine the work division and structure of the interim parliament as per understanding 

The interim government would work as per the aspiration of the people’s movement, political understanding and culture of cooperation 

5. Relating to judiciary 

Follow the norms and values and concept of the independent judiciary 

Make the judiciary committed to the aspiration of the people’s movement, democracy and interim constitution 

Institute a constitutional court to finalise disputes regarding the constituent assembly 

6. Relating to constitutional bodies 

A new constitutional council will be formed that will include the Prime Minister, Chief Justice and the Speaker of the interim parliament, which will recommend appointments at the constitutional bodies. Such appointments will be based on specific criteria. 

The appointments in the Election Commission will be completed on the basis of understanding. 

7. Relating to local bodies 

Interim local bodies will be formed in district, city and village level on the basis of agreement between the seven political parties and the Maoists. 
8. Relating to citizenship problem 

Distribute citizenship to all Nepalis who have been deprived of their citizenship certificate before the election of the constituent assembly 

Considering mid-April 1990 as the base (cut off) year, all Nepalese citizens who were born before that date and have been continuously living in Nepal since then will be provided with citizenship certificate. 

Other provisions regarding citizenship will be according to the provisions mentioned in the law. 

9. Regarding the election of the constituent assembly 

The interim cabinet will be given the authority to ascertain the date to hold the election of the constituent assembly by mid-June 2007. 

The election of the constituent assembly will be based on mixed electoral system. 205 members will be elected through First-Past-The-Post system. 204 members will be elected as per the proportional representation system on the basis of votes won by the political parties. A law in this regard will be made after consultation with the Election Commission. 

While appointing the candidates, the political parties should ensure proportional representation of oppressed groups, region, Madheshi, Women, Dalit and other groups. 

16 members will be nominated by the interim Council of Ministers from among distinguished persons. 

The total number of members of the constitutional assembly will be 425. 

Nepalese who are 18 years or above at the time when the interim constitution is promulgated will be eligible to vote. 

Monitoring of the election of the constituent assembly will be done by the United Nations. 

10. Structure of the state 

To end discriminations based on class, ethnicity, lingual, gender, cultural, religion and region and to deconstruct the centralised and unitary structure of the state and to reconstruct it into an inclusive, democratic and forward looking state. 

A high level commission will be formed to suggest on the restructuring of the state. 

Final decision regarding the restructuring of the state will be made by the constituent assembly. 

11. Directive principles of socio-economic transformation 

To end all forms of feudalism, a common minimum program will be prepared for socio-economic transformation on the basis of mutual agreement and they will be implemented. 

Formulate policies to implement scientific land reform program by doing away with the feudal land ownership. 

To adopt policies that will protect and promote national industries and resources. 

To ascertain the rights of the citizens on sectors like education, health, shelter, employment and food security. 

Policies will be adopted to provide land and socio-economic security to backward groups like landless, bonded labourers, tillers, Haruwa-charuwa and other such groups, which are socio-economically backward. 

To adopt policies to take strict actions against the people who have worked in government positions and have amassed huge amount of properties through corruption. 

Prepare a common development concept that will help in socio-economic transformation of the country and will also assist in ensuring the country’s prosperity in a short period of time. 

Follow policies ascertaining the professional rights of workers and increase investment on sectors like promoting industries, trade and export and increase employment and income generating opportunities. 

IV. Relating to the management of the conflict victims 

1. Provisions will be made for providing proper relief, respect and resettlement for the family members of the people who have died due to the conflict and for the ones who have been disabled. 

2. Provide relief to the family members of the people who have been disappeared on the basis of the report presented by the investigation commission. 

3. Carry out special programs to rehabilitate the people who have been displaced due to the conflict; to provide relief in case of destruction of private and public properties; and to reconstruct the destroyed infrastructures. 

4. Conduct investigation about those who were involved in gross violation of human rights at the time of the conflict and those who committed crime against humanity. Form a high level Truth and Reconciliation Commission to create an environment for social reconciliation. 

V. Miscellaneous 

1. A high-level committee will be formed as per understanding to monitor if the agreement have been implemented. 

2. The government will take action against anyone involved in acting against the code of conduct, agreement and laws. 

3. At the time of the election of the constituent assembly, the political parties will be free to present their policies regarding republic, socio-economic transformation, referendum, election system and other such issues in which an agreement has not been reached now. 

VI. Time Schedule 

1. To conclude comprehensive peace agreement between Nepal government and the CPN (Maoists) by November 16, 2006 

2. That all the Maoist combatants would gather into the camps by November 21, 2006 as stated in 2(1) and store the arms. The United Nations would do their verification and monitoring. 

3. As stated in 2(5), the Nepali Army would remain confined in barrack by November 21, 2006 , keep the specified number of arms in the store and the United Nations would conduct its monitoring. 

4. To complete the interim constitution by November 21, 2006 

5. To promulgate the interim constitution by November 26, 2006 , establish the interim legislature and dissolve the House of Representatives and National Assembly 

6. Form the interim cabinet by December 1, 2006 

Signatories: 

Prachanda 
Chairman, CPN (Maoists) 

Girija Prasad Koirala 
Prime minister and president of the Nepali Congress 

Madhav Kumar Nepal 
General secretary of CPN (UML) 

Sher Bahadur Deuba 
President of Nepali Congress Democratic 

Amik Sherchan 
Deputy prime minister and chairman of People’s Front Nepal 

Bharat Bimal Yadav 
Vice president of NSP (Anandi Devi) 

Narayan Man Bijukchhe 
President of NWPP 

C. P. Mainali 
Chairman of Left Front 

November 8, 2006 

Note of dissent by the UML 

Agreeing for the implementation of the subjects stated above as all other parties have agreement on those, our party has following differences: 

1. The UML believes that the issue of whether to keep the monarchy or not should be determined 

through the referendum along with the election to constituent assembly 

2. The UML believes that it would be most democratic to adopt the proportional system for election to the constituent assembly. 

nepalnews.com ia/yp Nov 08 06

Monitors' statement on Sri Lanka killings 
Following is the full text of the statement from Sri Lanka Monitoring Mission (SLMM) head Ulf Henricsson on recent attacks in which civilians have been killed. 

I. ASSASSINATION OF 17 CIVILIAN AID WORKERS IN MUTTUR ON 4 AUGUST 2006 

Noting the facts outlined in the SLMM findings there are very strong indications of the involvement of the security forces in the act despite their denial. Firstly, the SLMM cannot find the reasons for the restrictions of movements into the said areas especially in above-mentioned circumstances acceptable, thereby strongly indicating the GoSL's [government of Sri Lanka's] eagerness to conceal the matter from the SLMM. 

Taking into consideration the fact that the security forces had been present in Muttur at the time of the incident it appears highly unlikely to blame other groups for the killing. Provided that was the case it would in particular be illogical for the security forces to prevent the SLMM from entering the area and making proper inquiries in order to find the perpetrator(s). 

The head of SLMM has also had confidential conversations with highly reliable sources regarding the party who most likely has been responsible for the act. The views have not proved contradictory and the security forces of Sri Lanka are widely and consistently deemed to be responsible for the incident. 

Concluding with the supporting information arisen from the persons interviewed and the conversations with the representatives of the international community the SLMM is, with the obtained findings, convinced that there cannot be any other armed groups than the security forces who could actually have been behind the act. 

Consequently, the killing of the 17 civilian aid workers in Muttur on 4 August 2006 is ruled as a gross violation of the CFA [ceasefire accord] by the security forces of Sri Lanka. 

The committed act of assassination has approved to be one of the most serious recent crimes against humanitarian aid workers worldwide and has been strongly condemned internationally. I urge the GoSL to take all necessary actions to immediately stop any kind of violence against the civilians of Sri Lanka and to do its utmost that the matter is thoroughly investigated by the Sri Lankan authorities. 

II. CLAYMORE MINE ATTACKS CONDUCTED BY THE GOSL IN LTTE-CONTROLLED AREAS BETWEEN 1 APRIL AND 15 JUNE 2006. 

SLMM findings and internal analysis of both individual claymore mine attacks, as well as of the pattern arising from the same show that deliberate, planned and co-ordinated offensive military operations were conducted between 1 April and 15 June 2006 in LTTE [Liberation Tigers of Tamil Eelam]-controlled areas to execute these claymore mine attacks. SLMM findings have also verified two attempted claymore mine attacks carried out by the GoSL security force's special units in LTTE-controlled area on 13 and 15 June 2006. Two SLA [Sri Lankan Army] soldiers from the special units were killed by the LTTE in an exchange of fire and subsequently transported to GoSL area under the convey of the International Committee of the Red Cross (ICRC). 

The aforementioned claymore mine attacks were carried out using a high level of military expertise with regards to planning, co-ordination and execution. The attacks required very good knowledge of the specific area, excellent intelligence skills along with the capability and skills of deploying and handling such weapons professionally. Moreover, it is clear that the units/groups executed these attacks with the possibility to escape into GoSL-controlled areas where safe exit/entry points, logistic and other assistance must have been provided by the security forces and/or GoSL/police units deployed along the Forward Defence Line (FLD). Based on the verified activities of the SLA special unit soldiers in LTTE-controlled areas there are firm indications of the involvement of the SLA in such attacks. 

Both under the clauses of the CFA, international human rights law as well as treaty-based and customary international humanitarian laws, it is absolutely forbidden to deliberately attack civilians or without due care for civilian lives and property carry out attacks against an adversary in an armed conflict. Also all places of worship are protected under the CFA and international humanitarian laws and all parties to the CFA should refrain from using or execute attacks at places of worship such as the Madhu area, including such roads leading to and from the shrine. 

Despite the binding laws and regulations it is particularly serious to notice that a) the vast majority of the attacks have been directed or resulted in death and serious injuries to civilians; b) seven of the attacks/detonations using claymore mines have taken place in and around the area where the holy Madhu shrine is located. 

Considering all the findings and assessed plausible motives SLMM is convinced that there can be no other than GoSL security forces or other armed elements with the support and assistance from the GoSL security forces who have been capable of having carried out these series of claymore mine attacks in the Mannar and Vavuniya districts during the relevant period indicated above. Therefore, the GoSL security forces, having the motive, capability and capacity to carry out such attacks against the LTTE in the north-east, bear the responsibility for killing and injuring the LTTE cadres and the civilians caught in the blast from these attacks. 

Consequently, the executed and attempted attacks during the period 1 April - 15 June 2006 are part of a pattern of a deliberate strategy against LTTE cadres and civilians in LTTE-controlled areas in Mannar and Vavuniya districts by the GoSL security forces or by other armed elements with the substantial assistance and support from the GoSL security forces. These attacks are ruled as a gross violation of the CFA by the GoSL. 

I urge both parties to the CFA to put an end to all forms of attacks, protect civilians lives and the Madhu shrine area as well as to investigate any reported killing of civilians executed by individuals or groups of the LTTE or the armed forces of Sri Lanka or affiliated armed group(s). 

III. ATTACK ON A CIVILIAN BUS IN KEBITIGOLLEWA AREA ON 15 JUNE 2006 

SLMM findings have shown that the attack on the civilian bus was carried out by using military expertise with regards to planning, co-ordination and execution. The attack required very good knowledge of the area and intelligence skills along with the capability and skills of deploying and handling such weapons professionally. 

The LTTE has condemned the Kebitigollewa attack and denied their involvement in the incident expressing that another armed element, the Karuna group, has had a motive to execute the attack in order to discredit the LTTE. The SLMM does not find that plausible based on various grounds. 

Based on SLMM inquiries and the well known modus operandi for the LTTE, the SLMM considers highly probable that there can be no other armed element than the LTTE and LTTE-affiliated forces that have had the motive to carry out the attack, in particular in GoSL controlled areas. Taking specifically into account the prevailing circumstances and obtained findings there are strong indications that the attack on Sinhalese civilians had been a deliberate retaliation for the recent killings of civilians and LTTE cadres in LTTE-controlled areas in the north and the east. 

Both under the clauses of the CFA, international human rights law as well as treaty-based and customary international humanitarian laws it is absolutely forbidden to deliberately attack civilians or without due care for civilian lives and property carry out attacks against an adversary in an armed conflict. 

Therefore, being the only element with the motive, capability and capacity to carry out the attack, the LTTE must bear the responsibility for the killing of civilians. Consequently, the attack on the civilian bus in Kebitigollewa on 15 June 2006 is ruled as a gross violation of the CFA by the LTTE . 

Ulf Henricsson, head of SLMM. 

Southern Sri Lanka's political leaders demand for the demerger of Northern and Eastern provinces.
Wed, 2006-07-26 

Colombo, 26 July, (Asiantribune.com): An outfit claiming itself as an “Organization to Defend Rights of People in the East” met on Monday Mahinda Rajapakse, President of Sri Lanka at his official residence - Temple Trees in Colombo and handed over a letter demanding that the North and the East should be separated and administered by two separate provincial councils.Dr . Gunadasa Amarasekara of the Patriotic National Movement presenting the letter to Mahinda Rajapakse, President of Sri Lanka. 

The newly formed ‘Organization to Defend Rights of People in the East’ consisting predominantly of Sinhalese political leaders and a few claiming themselves as representatives of the Muslims in the East, pointed out that North and the East which were temporarily merged in 1987 are administered as one council on a gazette notification issued by the President annually.

The outfit further pointed out that this act was illegal. The organization representatives further said that the merger of the two provinces violate the fundamental rights of the people in the East as the needs of the two provinces are not the same. 

The JVP representatives who participated in meeting with the President of Sri Lanka earlier have filed a suit in a court of law challenging the validity of the merger of the two provinces and have sought the de-merger of the two provinces.

JVP parliamentarians Jayantha Wijesekara represent Seruwila in the East and two others, L.K.Wasantha and A.S.Mohamed Buhary, from the Eastern province filed petitions in the Supreme Court seeking a separate provincial council for the East after de-merger of the two provinces.

In their petitions they are asking the Court to declare that the Proclamation issued by former President J.R.Jayewardene on September 2 and 8 of 1988 enabling the Northern and Eastern provinces to function as one administrative unit to be administered by one elected Council and the purported amalgamation of the two provinces as null and void and of no legal effect.

After filing an action in the Supreme Court of Sri Lanka with prayers of the demerger of the temporarily merged Northeast province, also had a meeting with Sri Lanka President and handed over a letter on the same subject demanding for an immediate demerger of the temporarily merged Northeast province.

The letter forwarded to the President to de-merge the two provinces is extracted below: At the meeting with Sri Lanka President Mahinda Rajapakse, Dr . Gunadasa Amarasekara PNM,.Wimal Weerawansa MP JVP, Mr.Sunil Haduneththi MP JVP, Mr.Benat Cooray,(SLFP), Representstive from Helaurumaya are also present. (pix Sudat Silva)
Appeal for the de-merger of the Northern & Eastern provinces 

The members of the "Nagenahira Janata Aitheen Rakaganime Sanvidanaya", (Organization to Defend Rights of People in the East) a group of patriotic citizens of the civil society who are committed to protect the rights of the ordinary civilians in the Eastern Province, respectfully draw your attention to the following matters, which we set out hereinafter in support of our appeal for de-merger of the Northern and Eastern Provinces. Our humble request is for Your Excellency, to restore the original status quo that existed in the Eastern Province prior to the merger of the Northern and Eastern Provinces in 1987. 

As Your Excellency is aware, the ethnic population ratios in the East consisted of 35% Muslims, 32% Sinhalese and 33% Tamils. By the merger of the two Provinces that took place in 1987, the Muslim and Sinhalese communities were unfairly and undemocratically reduced to a minority due to the merger of the 85% Tamil populated Northern Province to the East. The Sinhalese and Muslim populations in the East which together numbered almost twice the Tamil population, was thus reduced to an insignificant minority in the newly merged unit paving way for the administrative units in the merged Province to be dominated by Tamil population which in effect misrepresents the true ethnic composition in the East. The de-merger of the said Provinces will help restore the original status quo which in turn the representatives from all communities will be able to participate adequately in the administration and also help reflect the correct ethnic ratios in the Region. 

The merger of the Northern & Eastern Provinces has resulted not only the administration of the Eastern Province being dominated by the Tamil population who only constitute 1/3rd of the population of the Eastern Province, but also supports a false claim of the LTTE that the Tamils were the original settlers of both the Northern and Eastern Provinces. This is completely a fraudulent claim of the LTTE concocted solely for the purpose of substantiating their unjust demand for the control of the Eastern Province. At all times during the country’s ancient history, the territories falling within the Eastern Province remained a part of the Sinhalese Kingdoms. The early Sinhalese rulers constructed monumental structures such as Dheegawapi and Seruwawila Dagabas which remain famous and awe inspiring even to this date. In the Trincomalee district alone, there are more than 80 ruins of Buddhist shrines, in the Batticaloa district over 22 ruins and Ampara district over 42 ruins. Together with the discovery of many monastic caves in this Region, there is ample proof of the strong Sinhalese civilization that existed in the Eastern Province. 

The Muslim population in the East too could trace their origin to the settlements created at the time of King Senarath, which were established to help the Muslims avoid persecution by the Portuguese. In 1815, when the Kandyan Kingdom came under the British Rule, the territories of the Eastern Province formed a part of the Kandyan Kingdom. Even the treaties entered into with the Portuguese and the Dutch in the years 1617, 1638 and 1766 acknowledge the fact that almost the entire Eastern Province formed a part of the Kingdom of Kandy. The Eastern Province in particular, has never been under the Rule of the Tamil kings. The de-merger of the Provinces will make it difficult for the LTTE to sustain these false claims. 

The merger of the North & East provinces itself was effected in the most undemocratic and unlawful manner. The merger of these two provinces was sought by former President J. R Jayawardane under Article 154(A) (3) of the Constitution which was introduced by the 13th Amendment to the Constitution. This Article provided for the formation of one administrative unit with one elected Provincial Council by or under a law; the term "law" being defined as "an Act of Parliament". The Provincial Council Act No. 42 of 1987 was accordingly enacted and is the only law under which the merger of the Provinces has been effected. 

The Provincial Council Act No.42 of 1987 at the time of enactment contained a specific condition (i.e. Section 37(1) (b)) to be fulfilled for such merger. This section reads as follows; 

" (b) The President shall not make a Proclamation declaring that the provisions of subsection (1)(a) shall apply to the Northern and Eastern Provinces unless he is satisfied that arms, ammunition weapons, explosives and other military equipment which on 29th July 1989 were held or under the control of a terrorist, militant or other groups having as their objective the establishment of a separate state, have been surrendered to the Government of Sri Lanka or to authorities designated by it and there has been a cessation of hostilities and other acts of violence by such groups on the said Provinces." 

The LTTE operating in the Northern Region did not surrender their arms or cease hostilities. However, the objective of establishing a separate state remained in their minds. Therefore, as the necessary conditions imposed by law under which the merger of the two Provinces was to be effected, had not been fulfilled, the merger could not have taken place. 

Nevertheless, former President J.R. Jayawardane without amending this Act in the proper manner (i.e. seeking amendment before Parliament), issued an Emergency Regulation under Section 5 of the Public Security Ordinance. This Regulation stated that it was sufficient for the purpose of merger "if operations had been commenced to secure complete surrender of arms, ammunition weapons explosives and other military equipment by such groups". Thereafter by an Order published in the Gazette Notification under the provisions of the Provincial Council Act No.42 of 1987, the former President temporarily merged the Northern and Eastern provinces forming one North- East Province.

This Regulation was in violation of Article 155(2) of the Constitution under which no Emergency Regulation could override or amend or suspend the Articles of the Constitution (i.e. Article 154A (3) which required parliamentary authority). Furthermore, the Regulation itself was ultra vires section 5 of the Public Security Ordinance. Still further, an Emergency Regulation made under the Public Security Ordinance, could only be in operation for a period of one month and an Executive Order made thereunder cannot have any legal effect beyond this period. Therefore, the merger in law was a nullity and the act of merger was unlawful and illegal. 

Above all, under the provisions of the Provincial Council Act No 42 of 1987 (i.e. Sections 37(2) (a)), it was mandatory for a poll to be held in each of the specified Provinces, the fixed dates no later than 31st December 1988, to enable the voters of each such specified Province to decide whether such Province should remain linked with the other special Province or such Province should constitute a separate administrative unit. The provisions in the Act (i.e. Sections 37(2) (b)) also empowered the President to postpone the poll if necessary. No poll has been held up-to-date to find out from the electors of the Eastern Province whether or not the merger should continue. The de-merger of the North-East Province will undo this unlawful and undemocratic act of merger and restore the original status quo and re-establish the democratic rights of the people of the Eastern Region. 

The LTTE, which does not enjoy the support of even 10% of the country’s population (only about 18% of the population is Tamil), is demanding 1/3rd of the Island and 2/3rd of it’s coastline and this unjust and absurd demand is strengthened and supported by the merger of the two Provinces. Their false claims were originally made on the basis of one Province, but in reality it is on the basis of two provinces due to the merger. The de-merger of the North-East Province will prevent further opportunities being given to the LTTE to establish their rule in the Eastern Province. 

Furthermore, the de-merger of the North-East Province will help strengthen the security in the said Province as it can then pave way for more effective and efficient administration and to adopt stringent security measures and also to provide a safer and more secure environment to the citizens of the Region. As Your Excellency is aware, the LTTE is engaged in ethnic cleansing operations in the Eastern Region against the Sinhalese and Muslim populations, and also carry out extortion, violation of human rights, recruitment of child soldiers, unlawful taxation etc.which are facilitated by the merger of the two Provinces providing ample opportunities for the LTTE to gain access easily to the Eastern Region. The de-merger can also effectively halt and/or disrupt the smuggling of arms, ammunition and drugs by the LTTE using the sea coast of the Eastern Province, which comprises of many safe landing sites for the sea tiger crafts. 

In view of all the issues cited above, we the undersigned, appeal to Your Excellency to take immediate steps to de-merge the North-East Province and establish a separate Provincial Council for the Eastern Province and restore the status quo in the Eastern Province that existed prior to 1987. 

1. Sri Lanka Freedom Party (SLFP) - Mr. Nawalage Benett Cooray
2. People’s Liberation Front (JVP) - Hon. MP. Anura Kumara Dissanayake
3. All Ceylon Muslim Congress President, - Mr. N.M. Saheed
4. Mahajana Eksath Preramuna (MEP) - PC Member, Mr. Sisira Jayakodi
5. Sinhala Jathika Sangamaya President, - Mr. S.L Goonesekara,
Attorney at Law
6. Jathika Hela Urumaya Hon, - MP, Rev. Athuraliye Rathana
7. Democratic United Alliance Leader, - Mr. Nazir Ahamad
8. National Congress - Dr. Mr. Uduma Lebbe
9. Patriotic National Movement - Dr . Gunadasa Amarasekara

Nagenahira Janata Aitheen Surakeeme Sanvidanaya (Organization for the protection of the rights of the people in the east)
Date: 17th july 2006

Message to India
Sunday Times Sun, 2006-08-27 04:31 
By Dayan Jayatilleka

Though I did waste at least half a decade, post-Premadasa, in something of a revivalist sect or cult, I believe that history has validated my political choices, from the EPRLF’s Pathmanabha to Vijaya to Premadasa, as the most progressive and pro-people options of their times. I am glad of my recent ones: support for Mahinda Rajapakse as president over Ranil Wickremesinghe (that was the available choice) and (in several articles in the Sunday Island) General Sarath Fonseka as army chief. We are successfully resisting Prabhakaran’s long planned attacks thanks largely to the political and military leadership provided respectively by these two. Things could be improved though, were there a Tamil input providing greater sensitivity to the ethnic dimension of reality on the ground, making it a troika with Minister Douglas Devananda keyed in as much as he was by Premadasa, Ranjan Wijeratne and Chandrika. 

Our Indian friends have it both right and wrong. Reports in the media indicate that India has been pushing the idea of a national government, an SLFP-UNP coalition. Right idea, wrong personalities. Unless something is grievously wrong with India’s political intelligence gathering, it must know that the present UNP leader and his supportive clique of media folk, ‘peace NGOs’ and neo-liberals/neoconservatives are quite as wedded to the LTTE as is the TNA, and would therefore either reject such a broad coalition or function as a fifth column within it. President Rajapakse would be placing himself gravely at risk were he to accept such a suggestion. 

Try A New Cocktail

If however, one modification were made, the idea would be splendid and quite the best thing that could happen to the country. That is if Karu Jayasuriya led the UNP. If our neighbor were able to facilitate such a transition, then Indian model quasi-federalism would be instantly feasible. 

The healthiest political forces in the country are:

(1) The moderate, left-of-centre SLFP (symbolised by Mahinda Rajapakse, rather than the conspiratorial pro-Bandaranaike faction which is now appeasing the LTTE)

(2) The mainstream right-of-centre UNP (as exemplified by Karu Jayasuriya) 

(3) The Tamil dissidents (TULF, EPDP, EPRLF, PLOT, TMVP, AITUF) 

(4) The pro-devolution Left within the ruling coalition (the Socialist alliance: CPSL, LSSP, Desha Vimukthi, PDF) and 

(5) The ‘intermediate’ ethnic minority parties: CWC, SLMC. 

While the broadest combination of these forces would be ideal, any combination is/would be positive. The best case scenario would be a national government of a Mahinda Rajapakse-led SLFP and Karu Jayasuriya-led UNP, but running a close second would be an alliance of Mahinda’s ruling SLFP and a faction of the UNP led by Karu Jayasuriya, which together with the minority parties, would provide the numbers for political stability, economic reform and ethnic autonomy within a reformed constitution. Anyone – foreign friend, retired civil servant, expatriate academic, local businessman or media magnate - with the country’s interests at heart should strive to promote either of these two outcomes. 

In the meantime, what is immediately feasible, though of infinitely lesser consequence, is the revival of the old ideal of a union between the Northern and southern progressives; the ideal that the best of us from Vijaya Kumaratunga to Kethesh Loganathan stood for. In today’s context that would mean a front of the anti-LTTE, pro-devolution forces, as distinct from the anti-LTTE, anti-devolution ones (JVP, JHU) and the pro-devolution, pro-LTTE ones (TNA, NAWF, peacenik NGOs). This front would consist then of the Socialist Alliance and the TULF, EPDP, EPRLF, PLOTE, AITUF and TMVP. Its stand should be that suggested for Sri Lanka by the CPI-M politburo member and Chief minister of West Bengal, Buddhadev Bhattacharya: "Full Tamil autonomy within the Sri Lankan constitution." No less, no more. 

At the two extremes, the ideologues and intellectuals demonstrate extraordinary illogic and ignorance. A peacenik professor opines, in one and the same interview, that the LTTE stands for a solution that goes far beyond the conventional model of federalism, and for ‘an extensive form of regional autonomy’. Given that federalism goes beyond regional autonomy, one cannot stand for something that goes far beyond conventional federalism and still be said to stand for an extensive/maximalist form of regional autonomy! It is nonsensical to assert both or impute them both to the Tigers. Had a student of political science written this at an examination I would have deducted marks. Similarly, the JVP’s Vijitha Herath in his political illiteracy has rejected Mr Anandasangaree’s impassioned plea for Indian style autonomy, on the grounds that Sri Lanka is too small a country for such a model. The man is evidently unaware that little Switzerland has a federal system.

Legitimate and Illegitimate War

India is right. There is indeed no military solution to the ethnic problem. That requires a political solution, which has been dismayingly slow in coming. But that is only indirectly to do with the LTTE. Had it been possible to have a non-military, purely political solution based on dialogue with the Tigers, as India seems to be advocating, then Shri Rajiv Gandhi and 1,200 Indian soldiers should be alive and the Indo-Lanka accord a success!

Neither India nor the USA have the right to prescribe limits as to what levels of force we should use. Had India not been misled and manipulated by Tamil Nadu’s MG Ramachandran and prevented the Sri Lankan army from doing the job in mid-1987, Rajiv Gandhi would be alive today (and she would not have had the Sea Tigers on her southern border). Had India not been constrained by Tamil Nadu during the IPKF’s battles with the LTTE, and tactical air power been used, the IPKF experience would not have been the traumatic fiasco it was. Had Delhi signed the Indo-Lanka defence agreement, first mooted by Prime Minister Ranil Wickremesinghe (at the suggestion of Milinda Moragoda and his advisors) in October 2003, and re-canvassed by presidents Kumaratunga and Rajapakse, we would not have to rely on Pakistan; a reliance that India finds so irksome. 

We cannot afford to fight with one hand tied behind our back. The use of air power is warranted and the only criterion is does it get the job done. No limits can be imposed on weapons, timing and tactics, on scale and scope of operations; no level of force can be ruled out a priori when in combat with an army which seeks to carve up and dismember a country, most especially when that secessionist army uses terrorism, demonstrates a fascist intolerance of dissent by murdering the finest sons and daughters of all communities, and when the country in question is a small island with no neighbour as safe rearguard and no defence in depth. 

However, we must not confuse levels of force with targeting. While the war is waged by a legitimate agency - the democratic state - and for legitimate ends, namely the unity and territorial integrity of the country, the means used must also fall within the realm of the legitimate. While there must not be limits other than those of optimal use, on the deployment of violence, there must certainly be limits on the objects, the targets of that violence. Air strikes are fine, but the killing of non-combatant civilians is not. Given the spillover in Tamil Nadu, India is perfectly justified in signalling its consternation at Tamil civilian casualties, and given global opinion it is hardly surprising that other governments and organizations raise a protest. 

We must surely rush a delegation of Tamil democrats and dissidents (not all dissidents are democrats) to India to present their – and our – point of view, as a counter to that of the LTTE and pro-Tiger elements in Tamil Nadu. Such a delegation would be headed by Messrs Anandasangaree and Devananda, and consist of the TULF, EPDP, EPRLF, PLOTE, AITUF and TMVP. 

India, the US and the rest of the international community are correct when they lay emphasis on the protection of civilian lives. An important distinction must be drawn however between the witting targeting of civilians – as is the practice of the Tigers (eg Kebitigollawe) and unintended civilian casualties in the act of hitting ‘hard’ i.e. military targets. 

Sinhalese and Tamils in general and the LTTE and JVP-JHU in particular have just been shown why the international community matters and cannot be ignored. The arrest by US authorities of Tiger supporters attempting to procure anti-aircraft missiles sends a signal to both North and South. The Tigers have just learned that they cannot deal with the world on their terms, and that the abortion of the Tamils’ vote at the presidential election of 2005 carries a price. The Sinhalese must learn that if the US authorities looked the other way - which it perhaps would if the JVP were a major player in government or there was discrimination against religious minorities- the Tigers would be using anti-aircraft missiles to neutralize our monopoly of the skies. 

Who knows what advantages may accrue to us if we follow the US signals, devolve power adequately to the Tamils, are scrupulous with regard to Tamil civilians and aid workers, and prosecute those responsible for atrocities? Satellite pictures of the LTTE gun positions would surely help our pilots and artillery relieve the slow strangulation of Jaffna (and arguably Trincomalee). 

The use of violence by a democratic state in defence of its unity, sovereignty and territorial integrity, against a secessionist–terrorist enemy, is legitimate. The use of such levels of violence needed to inflict maximum damage and destruction on the military machine of that enemy is legitimate. The use of airpower to weaken the Tiger build-up and slow siege of Jaffna and Trincomalee is legitimate. The targeting of the command, control, communication and computer facilities and logistical infrastructure of such a totalitarian-terrorist army is also legitimate. It wouldn’t be illegitimate to target Prabhakaran’s Black Tiger or Maha Veera celebrations, as well as any facilities that transmit those ceremonies. Given that the Tigers embed themselves among civilians, this could not but cause civilian casualties, but those would not be the intended targets of the attack, and in any event there is a distinction between committed civilian supporters of a fascist force, and uninvolved i.e. innocent civilians. What is not legitimate, what is downright illegitimate are episodes such as the killing of the five unarmed students in Trincomalee, the slaughter of families in Mannar and Kayts, the murder of aid workers in Muttur. These are instances of the intentional killing of unarmed civilians. They are war crimes. 

These atrocities, from Trincomalee through Kayts to those of the aid workers in Mutur, have neither been halted nor been expeditiously, transparently and impartially investigated and the guilty sternly prosecuted. If these become a pattern or trend, then we had better be ready for the global perception of a humanitarian catastrophe caused by Sinhala Buddhist brutality, resulting in a Tamil Nadu catalysed, Delhi initiated, Washington supported, UN propelled international ‘settlement’, not objected to by anyone (including China), a la Cyprus at best and Yugoslavia at worst, which will be imposed upon us, leaving the JVP-JHU to massacre as traitors those left with no choice but to accede, and then to be massacred in turn, in a replay of the horrific1980s. 

- Asian Tribune - 

International Humanitarian Law - Treaties & Documents

Article 8: War crimes

1.The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes. 

2.For the purpose of this Statute, "war crimes" means: 

(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: 
(i) Wilful killing; 
(ii) Torture or inhuman treatment, including biological experiments; 

(iii) Wilfully causing great suffering, or serious injury to body or health; 

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; 

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; 

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; 

(vii) Unlawful deportation or transfer or unlawful confinement; 

(viii) Taking of hostages. 


(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: 
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; 
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; 

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; 

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; 

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; 

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion; 

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury; 

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory; 

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; 

(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; 

(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army; 

(xii) Declaring that no quarter will be given; 

(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war; 

(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party; 

(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war; 

(xvi) Pillaging a town or place, even when taken by assault; 

(xvii) Employing poison or poisoned weapons; 

(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; 

(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; 

(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123; 

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; 

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; 

(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations; 

(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; 

(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions; 

(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities. 


(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: 

(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; 
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; 

(iii) Taking of hostages; 

(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable. 


(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. 
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts: 


(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; 
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; 

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; 

(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; 

(v) Pillaging a town or place, even when taken by assault; 

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions; 

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities; 

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand; 

(ix) Killing or wounding treacherously a combatant adversary; 

(x) Declaring that no quarter will be given; 

(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; 

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict; 


(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups. 

3.Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means*. 

*(Highlights ENB)

The Thimpu Declaration

The Thimpu Talks - July/August 1985

Joint statement made by the Tamil Delegation on the concluding day 
of Phase I of the Thimpu talks on the 13th of July 1985 
It is our considered view that any meaningful solution to the Tamil national question must be based on the following four cardinal principles: 

1) Recognition of the Tamils of Ceylon as a nation 
2) Recognition of the existence of an identified homeland for the Tamils in Ceylon 
3) Recognition of the right of self determination of the Tamil nation 
4) Recognition of the right to citizenship and the fundamental rights of all Tamils in Ceylon 

Different countries have fashioned different systems of governments to ensure these principles. We have demanded and struggled for an independent Tamil state as the answer to this problem arising out of the denial of these basic rights of our people. The proposals put forward by the Sri Lankan government delegation as their solution to this problem is totally unacceptable. Therefore we have rejected them as stated by us in our statement of the 12th of July 1985. However, in view of our earnest desire for peace, we are prepared to give consideration to any set of proposals, in keeping with the above mentioned principles, that the Sri Lankan Government may place before us. 

THE INDO-SRI LANKA ACCORD
To establish peace and normalcy in Sri Lanka the president of the Democratic Socialist Republic of Sri Lanka, his excellency Mr. J.R. Jayawardene, and the Prime Minister of The Republic of India, His Excellency Mr. Rajiv Gandhi, having met at Colombo on July 29, 1987, 

Attaching utmost importance to nurturing, intensifying and strengthening the traditional friendship of Sri Lanka and India, and acknowledging the imperative need of resolving the ethnic problem of Sri Lanka, and the consequent violence, and for the safety, wellbeing and prosperity of people belonging to all communities of Sri Lanka, 

Have this day entered into the following agreement to fulfil this Objective.

In this context,

1.1 desiring to preserve the unity, sovereignty and territorial integrity of Sri Lanka,

1.2 acknowledging that Sri Lanka is a "multi-ethnic and multi-lingual plural society" consisting, inter-alia, of Sinhalese, Tamils, Muslims (Moors) and Burgers,

1.3 recognising that each ethnic group has a distinct cultural and linguistic identity, which has to be carefully nurtured,

1.4 Also recognising that the northern and the eastern provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples, who have at all times hitherto lived together in this territory with other ethnic groups,

1.5 conscious of the necessity of strengthening the forces contributing to the unity, sovereignty and territorial integrity of Sri Lanka, and preserving its character as a multi-ethnic, multi-lingual and multi- religious plural society in which all citizens can live in equality, safety and harmony, and prosper and fulfil their aspirations,

2.RESOLVE THAT:

2.1 Since the Government of Sri Lanka proposes to permit adjoining provinces to join to form one administrative unit and also by a referendum to separate as may be permitted to the northern and eastern provinces as outlined below:

2.2 During the period, which shall be considered an interim period (i.e. from the date of the elections to the provincial council, as specified in para 2.8 to the date of the referendum as specified in para 2.3), the northern and eastern provinces as now constituted, will form one administrative unit, having one elected provincial council. Such a unit will have one governor, one chief minister and one board of ministers.

2.3 There will be a referendum on or before 31st December 1988 to enable the people of the eastern province to decide whether:

a) The eastern province should remain linked with the northern province as one administrative unit, and continue to be governed together with the northern province as specified in para 2.2 or:

b) The eastern province should constitute a separate administrative unit having its own distinct provincial council with a separate governor, chief minister and board of ministers. The president may, at his discretion, decide to postpone such a referendum.

2.4 All persons, who have been displaced due to ethnic violence or other reasons, will have the right to vote in such a referendum. Necessary conditions to enable them to return to areas from where they were displaced will be created.

2.5 The referendum, when held, will be monitored by a committee headed by the chief Justice, a member appointed by the President, nominated by the government of Sri Lanka, and a member appointed by the president, nominated by the representatives of the Tamil speaking people of the eastern province.

2.6 A simple majority will be sufficient to determine the result of the referendum.

2.7 Meetings and other forms of propaganda, permissible within the laws of the country, will be allowed before the referendum.

2.8 Elections to provincial councils will be held within the next three months, in any event before 31st December 1987. Indian observers will be invited for elections to the provincial council of the north and east.

2.9 The emergency will be lifted in the eastern and northern provinces by Aug. 15, 1987. A cessation of hostilities will come into effect all over the island within 48 hours of signing of this agreement. All arms presently held by militant groups will be surrendered in accordance with an agreed procedure to authorities to be designated by the government of Sri Lanka. 

Consequent to the cessation of hostilities and the surrender of arms by militant groups, the army and other security personnel will be confined to barracks in camps as on 25 May 1987. The process of surrendering arms and the confining of security personnel moving back to barracks shall be completed within 72 hours of the cessation of hostilities coming into effect.

2.10 The government of Sri Lanka will utilise for the purpose of law enforcement and maintenance of security in the northern and eastern provinces same organisations and mechanisms of government as are used in the rest of the country.

2.11 The President of Sri Lanka will grant a general amnesty to political and other prisoners now held in custody under The Prevention of Terrorism Act and other emergency laws, and to combatants, as well as to those persons accused, charged and/or convicted under these laws. The Government of Sri Lanka will make special efforts to rehabilitate militant youth with a view to bringing them back into the mainstream of national life. India will co-operate in the process.

2.12 The government of Sri Lanka will accept and abide by the above provisions and expect all others to do likewise.

2.13 If the framework for the resolutions is accepted, the Government of Sri Lanka will implement the relevant proposals forthwith.

2.14 The government of India will underwrite and guarantee the resolutions, and co-operate in the implementation of these proposals.

2.15 These proposals are conditional to an acceptance of the proposals negotiated from 4.5.1986 to 19.12.1986. Residual matters not finalised during the above negotiations shall be resolved between India and Sri Lanka within a period of six weeks of signing this agreement. These proposals are also conditional to the Government of India co-operating directly with the Government of Sri Lanka in their implementation.

2.16 These proposals are also conditional to the Government of India taking the following actions if any militant groups operating in Sri Lanka do not accept this framework of proposals for a settlement, namely,

a) India will take all necessary steps to ensure that Indian Territory is not used for activities prejudicial to the unity, integrity and security of Sri Lanka

b) The Indian navy/coast guard will cooperate with the Sri Lankan navy in preventing Tamil militant activities from affecting Sri Lanka.

c) In the event that the Government of Sri Lanka requests the Government of India to afford military assistance to implement these proposals the Government of India will co-operate by giving to the Government of Sri Lanka such military assistance as and when requested.

d) The Government of India will expedite repatriation from Sri Lanka of Indian citizens to India who are resident here, concurrently with the repatriation of Sri Lankan refugees from Tamil Nadu.

e) The Governments of Sri Lanka and India will co-operate in ensuring the physical security and safety of all communities inhabiting the northern and eastern provinces.

2.17 The government of Sri Lanka shall ensure free, full and fair participation of voters from all communities in the northern and eastern provinces in electoral processes envisaged in this agreement. The government of India will extend full co-operation to the government of Sri Lanka in this regard.

2.18 The official language of Sri Lanka shall be Sinhala. Tamil and English will also be official languages.

3. This agreement and the Annexure thereto shall come into force upon signature. 

In witness whereof, we have set our hands and seals hereunto. 

Done in Colombo, Sri Lanka, on this the twenty-ninth day of July of the year one thousand nine hundred and eighty seven, in duplicate, both texts being equally authentic.

Junius Richard Jayawardene 
President of the Democratic of the Socialist Republic of Sri Lanka

Rajiv Gandhi 
Prime Minister Republic of India

ANNEXURE TO THE AGREEMENT

1. His Excellency the President of Sri Lanka and the Prime Minister of India agree that the referendum mentioned in paragraph 2 and its sub- paragraphs of the agreement will be observed by a representative of the election Commission of India to be invited by His Excellency the President of Sri Lanka.

2. Similarly, both heads of Government agree that the elections to the provincial council mentioned in paragraph 2.8 of the agreement will be observed and all para-military personnel will be withdrawn from the eastern and northern provinces with a view to creating conditions conducive to fair elections to the council.

3. The President, in his discretion shall absorb such para-military forces, which came into being due to ethnic violence, into the regular security forces of Sri Lanka.

4. The President of Sri Lanka and the Prime Minister of India agree that the Tamil militants shall surrender their arms to authorities agreed upon to be designated by the President of Sri Lanka. The surrender shall take place in the presence of one senior representative each of the Sri Lanka Red Cross and the Indian Red Cross.

5. The President of Sri Lanka and the Prime Minister of India agree that a joint Indo-Sri Lankan observer group consisting of qualified representatives of the Government of Sri Lanka and the Government of India would monitor the cessation of hostilities from 31 July 1987.

6. The President of Sri Lanka and the Prime Minister of India also agree that in the terms of paragraph 2.14 and paragraph 2.16(c) of the agreement, an Indian peace keeping contingent may be invited by the President of Sri Lanka to guarantee and enforce the cessation of hostilities, if so required.

EXCHANGE OF LETTERS BETWEEN THE PRIME MINISTER OF INDIA AND THE PRESIDENT OF SRI LANKA.

Excellency,

1. Conscious of the friendhsip between our two countries stretching over two millenia and more, and recognizing the importance of nurturing this traditional friendship, it is imperative that both Sri Lanka and India reaffirm the decision not to allow our respective territories to be used for activities prejudicial to each other's unity, territorial integrity and security.

2. In this spirit, you had, in the course of our discussions agreed to meet some of India's concerns as follows:

Your Excellency and myself will reach an early understanding about the relevance and employment of foreign military and intelligence personnel with a view to ensuring that such presences will not prejudice Indo-Sri Lankan relations. 
Trincomalee or any other ports in Sri Lanka will not be made available for military use by any country in a manner prejudicial to India's interests. 
The work of resotoring and operating the Trincomalee Oil Tank Farm will be undertaken as a joint venture between India and Sri Lanka. 
Sri Lanka's agreements with foreign broadcasting organizations will be reviewed to ensure that any facilities set up by them in Sri Lanka 
3. In the same spirit India will:

deport all Sri Lankan citizens who are found to be engaging in terrorist activities or advocating separatism or secessionism. 
provide training facilities and military supplies for Sri Lankan forces. 
4. India and Sri Lanka have agreed to set up a joint consultative mechanism to continuously review matters of common concern in the light of the objectives stated in paragraph 1 and specifically to monitor the implementation of other matters contained in this letter.

5. Kindly confirm, Excellency, that the above correctly sets out the agreement reached between us.

Please accept,Excellency, the assurances of my highest consideration.

Yours sincerely,

Rajiv Gandhi

Full Text

The Policy Statement (Throne Speech) of President Mahinda Rajapaksa 
Friday, November 25, 2005, 13:01 GMT, ColomboPage News Desk, Sri Lanka.

Nov 25, Colombo: The Policy Statement (Throne Speech) of President Mahinda Rajapaksa, made at the Opening of the New Session of Parliament on 25 November, 2005. 

Honourable Members of Parliament, 

As the fifth Executive President of the Democratic Socialist Republic of Sri Lanka, I am ready to present before the honourable members my Government’s vision for the future. At this moment an important event from the past comes to my mind. The world’s first woman Prime Minister too came from a small Parliament such as ours. In 1970 I had the privilege of delivering the vote of thanks after that great national leader, Madam Sirimavo Bandaranaike, made her Throne Speech or policy statement. I still remember the sentiments I felt at the time as the youngest MP in the House. I realized then that every word a Head of State utters reflects public policy. Today I have been given the opportunity of making the most important statement on public policy. Hence I consider it my duty to honor all the past leaders from whom we have inherited progressive politics. Likewise I consider it my duty to pay tribute to the millions of people of this country who elected me President, defeating all vicious attempts to project distorted images through the media and rouse religious divisions for which purposes unlimited amounts of money were spent. 

I had no secret pact or agreement with the people of this country. There were no conditions between us. The only conditions were to build a new Sri Lanka and to be honest. On the other hand I do not consider the votes that my good friend, Opposition Leader Ranil Wickremesinghe, received as votes cast against me. 

Everyone accepts that the recently concluded Presidential Election was a very free and peaceful election. It should be considered an important milestone in our journey to create a healthy political culture. 

The Presidential Election now is over. As I said in my swearing-in speech, I am not working for any one party, one group or religion. I therefore wish to state that I am the leader, servant and friend of all of you, since it my policy to build a new democratic state without dragging the aforesaid differences and complexities into the administration. First of all I must make it clear that I do not consider my rival in the Presidential Election, the Honourable Opposition Leader Ranil Wickremesinghe, and his party as enemies of my new Government. I strongly believe that we should forget whatever ill feelings of pain of mind between our two parties during the Presidential Election, we should forget for the sake of the people of this country. I expect the Opposition’s cooperation for our Government in implementing the plans outlined in my policy statement. Likewise I wish to state that our Government will accept the Opposition’s fair and constructive criticism. 

Our overall objective in the Presidential Election was to ensure the victory of our policy. Today the majority of people in this country have endorsed that policy. It has emerged victorious by the power of universal franchise, which is a part of people’s sovereignty. It is to protect the country without dividing or breaking up this country. It is to free this land from poverty, underdevelopment and backwardness and build this country. Our policy is to build an entirely new Sri Lanka. I now preparing to make before the House the official statement making this policy – which until now was only an election manifesto – this country’s public policy. 

01. Peace with dignity in an undivided country 

My Government will give the highest priority to launch a new peace process to usher in a lasting peace through a political solution to the country’s national question. Our method is discussion instead of war. We are aware that such discussions are not simple and easy. Yet it is the only way to peace. I wish to state here that my Government is ready to have direct talks with the Liberation Tigers of Tamil Eelam. The political solution to a lasting peace should be based on a consensus reached through discussions among all parties linked to the problem and it should receive the approval of majority of the people of this country. Our policy for reaching such a consensus is as follows: 

In order to realize a lasting peace by solving the national crisis, we propose to build a new social democratic state that upholds political pluralism [and] the aspirations and rights of all sections of our society. Based on that principle we will pursue the following policy to reach a national consensus for peace with dignity. 

i. Starting an open and transparent peace process. 

The current Ceasefire Agreement will be revised to ensure the protection of human rights, prevent recruitment of children for war, safeguard national security, prevent terrorist acts, pave the way to rebuild lives that were shattered by war and the tsunami in the Northern and Eastern Provinces and introduce an open and transparent ceasefire monitoring machinery. 

The failure of the United Front Government’s peace efforts was the result of the peace talks being confined only to the Government and the LTTE. Instead of such an unsuccessful bipartisan approach there will be a new peace process in which all parties involved in the crisis can participate. 

1. An open and sincere invitation will be given to the country’s main Opposition to participate in such a process. 

2. Special attention will be paid ensure Muslim people’s representation in peace talks. 

3. The peace process will be continued openly and transparently to reach a broad consensus within a definite time frame. 

4. The facilitation and mediation extended by the United Nations and other such organizations that support peace in Sri Lanka, all friendly countries, the international community, India and other regional states will be properly organized and utilized to strengthen the peace process. 

ii. Creation of a government infrastructure that will safeguard Sri Lanka’s sovereignty, territorial integrity, unitary nature of the state and the people’s national identity with the participation of all sections of our society as positive shareholders in a pluralistic system for the maximum devolution of power within an undivided sovereign democratic republic. 

Instead of the concepts of traditional homelands and self-determination that allow an ethnic group to break away from the Republic of Sri Lanka, steps will be taken to ensure for all communities, including Sinhala, Tamil, Muslim, Burgher and Malay, the freedom to exercise all the rights enshrined in the Constitution - including the right to live in any part of Sri Lanka on the grounds that the entire territory is the homeland of all communities. 

All citizens will be equal before the law and no citizens will be discriminated on account of ethnicity, caste, religion, sex, political beliefs or place of birth. 

Steps will be taken to ensure freedom of conscience, religious freedom including the right of all citizens to embrace any religion or faith. 

Appointment of a Commission to re-demarcate Secretarial Divisions, District and Provincial boundaries to suit new socioeconomic, environmental and political requirements for the establishment of grassroots level democratic people’s representative organizations that will help all citizens to share the benefits of the country’s mineral, water, land, oceanic and other natural resources, harbours, the beaches and human resources, to protect ethnic rights, accelerate rural development, secure the participation of all communities in the development process and launch large-scale development projects. 

Public participation in the peace process will be encouraged to reach a broad national consensus through a series of open discussions based on the above points while the country’s political parties, pressure groups, voluntary organizations, religious organizations and the media will be invited to contribute to a culture of peace. 

Constitutional reforms will be proposed and approved according to proper legal procedures in order to include the objectives reached through a broad consensus in the state infrastructure. 

iii. Rebuilding of lives affected by war and tsunami in the North and East will be parallel to the peace process and will be utilized to build up confidence [among] all communities that support peace. 

A new Tsunami Reconstruction administrative infrastructure that will coordinate with the Central Government, provincial councils, pradeshiya sabhas, political parties and voluntary organizations will be introduced in place of the controversial P-TOMS which is now before the courts. This new setup will be linked to ‘Jaya Lanka’, the Government’s overall tsunami reconstruction and rehabilitation program. 

New projects will be introduced in the North and East to accelerate the rehabilitation and reconstruction process in the two provinces. 

A new Authority, named Jaathika Saviya, will be set up to resettle with no discrimination all people displaced by war in their hometowns and ensure for them a livelihood. Each resettled family will be initially paid Rs. 150,000 and Rs. 250,000 for a permanent house. Likewise we hope to provide tax money to all those lost houses and property due to the establishment of High Security Zones. 

Security forces will be ordered to do security checks without causing harassment or embarrassment to anyone. Special units will be set up in all police stations to enable to people to make complaints in their own language without fear or suspicion. A three-year crash program will be launched to expedite the full implementation of the official language policy in police stations, government offices and other public places and minimize obstacles that Tamil-speaking people face when dealing with the state organizations. 

Realistic reforms will be done to make it clear at all state functions that Sri Lanka belongs to all of its citizens. 

Steps will be taken to build the intellectual, moral and spiritual environment required for building peace and considering it as a collective effort rather than a miracle or the work of one man or political party. 

02. Constitutional reforms 

A Constitutional Assembly will be set up if Constitutional reforms are needed for a political solution to secure peace. 

This Government has recognized many areas where Constitutional reforms are needed. Changing the Constitution to secure the required balance between stability and representing public opinion is among the most important. Our manifesto has also proposed the abolishment of the Executive Presidency. For this purpose Constitutional reform based on a broad consensus is required. Until then our Government hopes to introduce Constitutional reforms by which the President will be officially answerable to Parliament. The powers of Ministerial and Working Committees will be increased with Parliamentary approval to ensure the efficient participation of Government and Opposition MPs in state administration. Steps will be taken to include the Charter of Human Rights in the Constitution to ensure to protection of social, cultural, political, economic and civil rights of all Sri Lankans on an equal basis without discrimination in accordance with the UN charter and international conventions. 

03. Rule of Law, good administration and government service 

My Government is working towards building a disciplined society by strengthening the Rule of Law. We will not leave room for anyone to beak the law by using political or financial power or privileges. We will give priority to stamp out bribery and corruption and empower new agencies for this purpose. We will introduce reforms to eliminate bureaucratic attitudes and make the state administrative service an exemplary public service. Steps will be taken to run all ministries, departments, corporations and boards without unnecessary expenditure. The salaries and allowances of public servants will be raised in accordance with the pledges made in the Presidential Election Manifesto. New technology, improvement of human resources and means to increase productivity will be introduced to extensively reform the public service to meet today’s requirements. Law enforcement agencies like the police, the judiciary and the prisons will be strengthened with better facilities and a process of broad legal reforms will be introduced to ensure efficiency and transparency in the criminal justice system. All these will be aimed at making my Government follow a strong policy of righteous rule. 

04. Legislature 

My Government’s policy is to fully safeguard the dignity of the Parliament, which is the supreme institution that drafts the laws of the country. We are aware that in the recent past there were unfortunate incidents that affected the dignity and honour of the Parliament. If more laws are required to uphold the dignity of this House and safeguard the powers and privileges of its members, my Government will not hesitate to introduce them. But laws and regulations alone will not protect the dignity of this institution. I hope that the Hon. Speaker and all of you will work in unity and harmony to make the Parliament reflect the features of a developed democracy. 

05. A responsible society 

Our Government will give full protection to religious freedom. The Government will meet all its responsibilities towards all religions while safeguarding the special place accorded to Buddhism under the Constitution. Our Government requests religious dignitaries to give the Government the necessary assistance to make law-abiding civilized citizens of high morals via the teachings of the noble founders of different religions. My Government will stand for building a network where the state, the citizenry and the market will be answerable to each other. 

06. Overall economic policy 

My Government will work towards build a new economy that ensures social justice, opens up opportunities for individual progress and even totally pave the way for this economically strong state in the community of nations. Our Government’s aim is to boost new local and foreign investment to achieve speedy progress and build a strong economy. All the salient features of the free market system will be absorbed into the system for this purpose. 

Government expenditure will be directed towards areas of economic importance to ensure maximum benefits that fire the national economy. We will take steps to reduce the budget gap to a bearable level through an efficient expenditure management system. The taxation system too would be simplified. 

07. Agriculture 

The farmer faces untold suffering due to water scarcity, land shortage, crop devastation and inability to sell his produce. We have identified that improving farming and agriculture is a vital aspect in the country’s development. While the country’s water resources belong to natives, we will initiate a giant development scheme whereby major rivers and reservoirs and waterways will be linked by a national irrigation system and dry land from North to South will be turned to wet zones. Under this scheme the 10,000 reservoir (tank) project will be completed and steps will be taken to launch multiple development projects associated with the Yuma Oya, North Central Mahan Ella, Demure Oya, Manik River, Kumbukkan Oya, Yan Oya, Heda Oya, Kirama Oya and Oorawa. My Government hopes to deal with the shortage of cultivable land through a national policy. Initially we will distribute 100,000 blocks of land among farmer families without land to cultivate. Farmers who have already been provided with state land will be given the legal right to own them. We will also provide land to the descendants of farmers in the Mahaweli scheme and the agricultural colonies. We hope to achieve major progress in the cultivation of paddy and other food crops. Essential chemical fertilizer will be sold at a price of Rs. 350 per bag of 45 kilos. By this we hope to make it an investment in improving agriculture in the country rather than providing a mere subsidy. 

We will ensure a guaranteed price for paddy, establish paddy-purchasing centers, repair dilapidated small and medium scale rice mills and launch a rice processing village project to boost agriculture and bring new prosperity to farmers. 

We will take steps to revise the Agrarian Reform Act while providing facilities to develop the cultivation of fruits and minor export crops and other agricultural products to provide them with an overseas market. 

We will introduce a national plan to revive the plantation economy involving tea, rubber and coconut. Steps will be taken to change the unfortunate situation facing major plantations and the relevant ministries will work to inject lifeblood to this industry including tea smallholdings. A special program will be activated to increase milk production and parallel to this, the marketing and consumption of fresh milk will be encouraged. 

08. Fisheries 

Although sea and rich inland reservoirs and waterways surround the country, the fishery industry is still stagnating. My Government in general and myself in particular are keenly interested in this area. When I was Fisheries Minister I established the Sagara University in the hope of making Sri Lanka reach the world’s highest position in fisheries products. We will strengthen the Coast Guard to protect aquatic resources and provide within a short time all the assistance necessary to rebuild the lives of fishing families affected by the tsunami. Within three years we will provide 500 fishing craft under an easy payment scheme. Fishing nets and other implements will also be provided under a similar scheme. Fishery harbours and anchorages will be developed and a fuel subsidy will be given to fishermen. Steps will also be taken to open 150 new farms to breed salt water and fresh water prawns while canning factories will be established in the vicinity of the main fishery harbours. 

09. Industrial development 

I wish to inform the Hon. Members of the House that my Government will take immediate steps to accelerate industrial progress. For this purpose 12 new investment promotion zones covering the entire island will be established. Three hundred new factories will be built and each Secretarial Division will get one factory. 

Our Government hopes to make medium- and small-scale industries the backbone of our economy. For this purpose the relevant ministries will introduce special plans and relevant bank services will be developed. To encourage investors we have proposed the launching of the Lanka Puthra Banking Service. 

Our Government hopes to make use of our good international relations to solve the problems that the apparel industry is currently facing. To increase the value of apparel exports we hope to establish three textile zones and will pay constant attention to the health and other welfare requirements of those employed in the apparel industry. 

10. Construction 

Our Government hopes to make a massive transformation in the area of construction. We plan to launch a major housing development and urban development scheme. Our plans include other large-scale constructions relevant to an expanding economy. We will make the Construction Training and Development Institute an Authority while introducing special banking and monetary services to overcome the lack of capital for these projects. 

11. Tourism industry 

My Government’s aim is to bring new life to the tourism industry, which is a major foreign exchange earner for this country. Our target is to attract 1.5 million foreign tourists to this country by 2010 and we are planning to organize the industry accordingly. Special attractive tourist zones will be set up in Hambantota, Kalpitiya, [and] Arugam Bay. 

12. Power 

During my six-year term I will direct my Government to overcome the energy crisis. We will build new power stations according to Electricity Board plans and launch the ‘Power for All’ program, to provide power to villages that so far had no electricity. We will ensure the people’s ownership of the CEB and the Petroleum Corporation and see that the public will benefit from the exploration of oil deposits off Sri Lanka’s coast, through the ministry specially set up for the purpose. 

13. Transport 

Transport too has become a national crisis in our country. We will develop our railway network and build a number of new rail tracks. You are already aware that a new ministry has already been set up for this purpose. We will strengthen the Ceylon Transport Board and make it Sri Lanka’s proud national transport service by developing bus depots and providing them with more buses. We will also give priority to the numerous problems facing the private bus service. Steps will be taken to reorganize the National Transport Commission and streamline timetables, passenger safety, rural and school bus services and night services. Plans have also been drawn up to build new expressways parallel to the improvement of railways. 

14. Information technology 

We believe that Sri Lanka, with its ancient heritage of having been a centre of knowledge in Asia and considering its high literacy rate and its talented human resources, should undergo speedy development in the area of information technology . We shall therefore formulate the necessary policies and legal and institutional backgrounds required to achieve this objective in the area of mass communication. We hope to expand computer knowledge and technology countrywide by taking computer technology to the village under the Nenasala Program. Through this project we expect to develop Sri Lanka as a regional center in the Asian information network. 

15. Health services 

It is our responsibility to protect the free health service and the Government will guarantee the right of every citizen to receive a good health service. The hospital system will be developed and steps will be taken to improve disease control methods and health education. More doctors and nurses will be recruited and their services will be given to the rural sector. We will also implement the Senaka Bibile drugs policy. 

16. Education 

A theme in our Presidential Election campaign was to build a country suitable for children. We will plan education, higher education and vocational training on a national scale to help our children and youth to improve their talents and knowledge and do everything possible to brighten the lives of our future generation. 

I recall here what the great Chinese philosopher Confucius said thousands of years ago: 

“If you are planning for a year grow paddy. 
If you are planning for ten years plant trees. 
If you are planning for a century educate people.” 

If we are build our country we should look at this century in which we live and make our national plans accordingly. It is with such a broad vision that we should formulate education policies. I appeal to this august assembly not to consider our interventions for the sake of education as relief assistance but as investments for the sake of the country. 

During the recent election campaign I was able to read the UNP’s election manifesto. I wish to state sincerely that in their manifesto there were several valuable points that should be appreciated. Among them the concept ‘English For All’ on page 35 drew my attention. I wish to inform you that I hope to implement the concept with some revisions while giving you members of the main Opposition the credit for it. I wish to remind that according to Mahinda Chintanaya political colours cannot measure good things. 

We will fully safeguard the right to free education. We will take steps to teach the mother tongue – Sinhala and Tamil – and English to every child. Every child will be provided with a free midday meal. We shall improve laboratory, language teaching, computer, library, sports and other facilities in all Maha Vidyalayas and other government schools throughout the country. We will raise 325 schools to the highest level, selecting one school from each Secretarial Division. Education service will be depoliticised and a number of steps will be taken for the welfare of teachers and employees in the educational administrative service. One challenge to provide higher education to all those is the advanced level. I wish to state the Government will accept the challenge. We will increase the number of university admissions and improve facilities in the universities. We will also raise the Mahapola and student allowance by Rs. 500. We will also take steps to introduce changes in the vocational training under a life skills program. We shall increase training opportunities in the state sector from 60,000 to 100,000 to accommodate school leavers. One hundred more vocational training centers will be set up [and] 500 community schools will be established under the Vocational Training Authority to increase livelihood opportunities. 

17. Rising again after the tsunami 

Our Government has found the reasons for the slow progress in rebuilding houses and infrastructure facilities destroyed in the tsunami. I am happy to inform the Honourable Members of the House that my Government will overcome this challenge and launch a giant development and reconstruction scheme within 2006 to rebuild the lives of those affected by the tsunami in Sri Lanka’s coastal areas. I am happy to inform that I took the decision at my first Cabinet meeting to implement this program thorough the Reconstruction and Development Authority, which functions under the President’s direct supervision. 

18. Provincial development 

We will also launch a number of special programs targeting the development of the different provinces, districts and other areas in addition to the common national program. These comprise the Northern Rehabilitation and Reconstruction Program, Negenahira Nawodaya, Senakadala Nawodaya, Ruhunu Arunaloyaka, Rajarata Nawodaya, Wayamba Punarjeewanaya, Pubudamu Wellassa and New Life for Plantations. 

19. Social development 

Eradicating poverty 

We are happy about the successes that our Samurdhi Movement achieved so far in overcoming poverty in families. Hence we are confident the Samurdhi program can meet future challenges and therefore will give it a further boost to achieve its objectives. We will increase Samurdhi allowances by 50 percent. Parallel to it we will launch projects that will help to increase the monthly income of Samurdhi recipients up to Rs. 5000. I have decided to increase the allowance of Rs. 5000 given to a low-income family in the case of death up to Rs. 10,000 with effect from the first week of December. Similarly the allowances paid in the case of child birth and the scholarship scheme meant for children of such families will become effective immediately. Likewise we shall provide relief assistance in the form of milk powder to reduce cost of living burdens of such families, a special allowance for government employees and relief in the payment of water, electricity and fuel bills, nutrients for pregnant mothers, [and] an allowance of Rs. 200 per month for poor families to purchase milk for children up to year five. 

Houses 

My Government’s aim is to provide a house for every person who does not own a house. To reach that objective we are taking several steps. We shall provide 100,000 blocks of land for those who want to build houses but cannot do so because they do not own any land. For state employees in urban areas we will launch four projects to build flats. For shanty dwellers in urban areas we will build 65,000 new houses. There will also be a commercial housing scheme coming under easy payment schemes. At the rural level we will build 25 houses every year in every village. 

Village building 

A weakness in state policy for a number of years was to ignore the village. Our Government’s policy will be to first build the village in order to develop the country. Accordingly, we are introducing the Gama Neguma program with the broad objective of developing every village in the country with all facilities. Our plan will be as follows: 


Electricity for every village that has no power 
A public telephone service for every village 
Sufficient supply of drinking water 
Irrigated water for cultivation 
Rural approach roads via Maga Neguma 
Infrastructure development 
Rural schools with human and material resources 
Health centre 
Cooperative store to provide consumer items at low cost 
Paddy store, fertilizer store and rice mill 
Factory to provide employment 
Pre-school with playground 
Community Hall and sports ground 
People’s Committee 
People’s Committee Secretariat 
Nenasala Computer Centre 
Forest area 
Public cemetery. 

My Government’s aim is to usher in a new era in rural development in the decade starting in 2006 by building model villages with all or many of the above features. 

We shall also launch programs with the assistance of law enforcement agencies, schools, religious centers and community organizations to eradicate drunkenness, gambling, and drug addiction from our villages. I will take every possible step to eradicate the drug menace by the end of my first year. 

Employment 

A major [objective] of our overall economic policy is to provide employment to our youth who are either jobless or underemployed. In this connection we will be launching a special program called Young Diriya. While filling all state sector vacancies we will work out a plan to provide employment to 10,000 graduates every year. We will direct every ministry in my Government to generate employment in the state sector, the private sector, foreign service and the sphere of self-employment. 

20. Mass media, literature and culture 

The basis of our information, mass media and cultural policy will be to uphold people’s right to receive accurate information and ensure the broad participation of the mass media in achieving the country’s social, cultural and economic goals. I wish that the Information and Media Ministry of our Government will be making a special contribution to the progress of media personnel, media organizations and the media industry. We shall develop our cultural policy to strengthen the citizen’s cultural life by developing our language and literature and safeguarding our ancient values. 

21. Sports 

I shall work towards ensuring the physical and mental health of our youth and bring our sportsmen and sportswomen to international levels by introducing a new national sports policy. A special program will worked out to provide sports facilities including an indoor stadium to every district and improve sports from the village level. 

22. Foreign policy 

In the area of foreign policy, I must begin by saying that I intend to ensure the continuity of the foreign policy of the UPFA Government. I will naturally emphasize areas where Sri Lanka’s immediate and compelling national interests are evident. 

In its broadest sense, we will follow a foreign policy of friendship with all and enmity towards none. We will build on our solid and very close bilateral relationships with our immediate neighbors in the sub-region, as well as our friends in Asia. We will further strengthen out relations with the rest of the world. Sri Lanka will continue to be a consensus builder in the international arena in keeping with the long-standing tradition of Sri Lankan diplomacy. To this end we will be guided by the principles espoused by the Non-Aligned Movement and the developing countries where these principles and our national interests converge. 

My personal commitment as a human rights campaigner at the grassroots level makes me accord priority to the promotion and protection of human rights in our international endeavors. I hope to build upon a very positive and proactive role played by Sri Lanka in promoting human rights. We will do this through international cooperation, not through confrontation. Greater efforts will be made to widen and deepen the economic content of our foreign policy efforts and foreign relations activities, as already initiated by the Ministry of Foreign Affairs under the late Hon. Lakshman Kadirgamar. In order to achieve the 8 percent economic growth rate envisioned by the Mahinda Chintanaya, I intend to mobilize the Ministry of Foreign Affairs and our Missions abroad to attract sufficient levels of foreign direct investments (FDIs) under this programme. We can thus make the foreign relations effort immediately relevant to the people of this country through socioeconomic development. We will continue to play an active role in the United Nations and other multilateral bodies as well as sub-regional and regional forums. We will be constructive and creative in contributing to efforts at regional and multilateral levels, to support national activities for economic development, humanitarian assistance, [and] conflict resolution, whether these are intra-state or inter-state. I also propose to very strongly pursue and promote broad bipartisan support for our foreign policy activities, which have been the hallmark of our foreign relations since independence. 

23. Policy Feed Back Council 

We plan to introduce a new subject to Sri Lanka’s public policy. It is policy feedback. We shall appoint an all-powerful commission called the Policy Feed Back Council, operating under the President’s direct supervision. The commission’s task will be to decide annual targets in implementing different state policy programs, reviewing their progress, studying setbacks and recommending necessary solutions. 

My Government is not a talking Government but a working Government. On the day I was sworn in as President I appealed to my fellow citizens thus: 

Mothers, fathers, brothers and sisters, sons and daughters: Work for the welfare of the country. Do your duty. Work with determination. Our country will develop through work. When the country progresses, you too will progress. 

Honorable Members, it goes without saying that the office of the President, which I took over, and my Government will face numerous challenges. In a way politics means accepting challenges and facing them fearlessly. I wish to state here that I along with members of my Cabinet, other Ministers and MPs are ready to accept any challenges. As I stressed over and over during the recent election campaign, our Government is a regime that works for the welfare of children. Our Government is formulating policies to build a bright future for our children. Last 17th saw the dawn of a common people’s era in our country. The flowers that will blossom in that dawn are our future generation. Hence I hope that you as members of this Supreme Public Institution will extend your maximum support to my Government. In conclusion I wish you all will have the thoughts, strength and courage to build a new Sri Lanka. 

May the blessings of the Triple Gem be with you. God bless you. 

European Union Declaration condemning terrorism in Sri Lanka (26/09/05)

The European Union hereby declares its condemnation of the continuing use of violence and terrorism by the Liberation Tigers of Tamil Eelam (LTTE). The pursuit of political goals by such totally unacceptable methods only serves to damage the LTTE's standing and credibility as a negotiating partner and gravely endangers the Peace Process so much desired by the people of Sri Lanka. 

The European Union repeats its condemnation of the shocking murder of Foreign Minister Lakshman Kadirgamar and of so many others in Sri Lanka in recent weeks. 

The European Union is actively considering the formal Listing of the LTTE as a terrorist organisation. In the meantime, the European Union has agreed that with immediate effect, delegations from the LTTE will no longer be received in any of the EU Member States until further notice. 

The European Union has also agreed that each Member State will, where necessary, take additional national measures to check and curb illegal or undesirable activities (including issues of funding and propaganda) of the LTTE, its related organisations and known individual supporters. 

The European Union furthermore repeats its serious concern at the continuing recruitment and retention of child soldier cadres by the LTTE and reminds them that there can be no excuse whatsoever for this abhorrent practice to continue. 

The European Union takes this opportunity to underline the Statement of 19 September by the Co-Chairs of the Tokyo Donor Conference calling on the LTTE not least to take immediate public steps to demonstrate their commitment to the peace process and their willingness to change. 

The European Union calls upon all parties in Sri Lanka to show commitment and responsibility towards the peace process during the coming period of elections and to refrain from actions that could endanger a peaceful resolution and political settlement of the conflict. 

FCO Press Office: 020 7008 3100 

Rice: Force necessary for democracy
Saturday 01 October 2005, 15:24 Makka Time, 12:24 GMT 
US Secretary of State Condoleezza Rice has defended the use of military force to advance the cause of democracy and liberty as "the only guarantee of true stability and lasting security". 

"In a world where evil is still very real, democratic principles must also be backed with power in all its forms: Political and economic, cultural and moral, and yes, sometimes military," Rice said on Friday, in a speech at Princeton University in the northeastern state of New Jersey. 

Alluding to countries such as Germany and France that opposed the US-led invasion of Iraq, Rice said: "Any champion of democracy who promotes principles without power can make no real difference in the lives of oppressed people." 

Appointed as the top US diplomat by President George Bush after his 2004 re-election, Rice sought to justify US military action as part of an effort to promote democracy in the Middle East and defuse terror threats. 

Oppression and despair

"If you believe, as I do and as President Bush does, that the root cause of September 11 was the violent expression of a global extremist ideology, an ideology rooted in the oppression and despair of the modern Middle East, then we must seek to remove the very source of this terror by transforming that total region," she said. 

"We must recognise, as we do in every other region of the world, that liberty and democracy are the only guarantees of true stability and lasting security" 

While popular support for the US presence in Iraq is deteriorating and some experts are warning that Iraq could descend into civil war, Rice said that the Bush administration's approach would create more stability in the long term. 

"Some would argue that this broad approach to the problem is making the world less stable by rocking the boat and wrecking the status quo. But this presumes the existence of a stable status quo that does not threaten global security. This is not the case. 

Liberty and democracy

"We must recognise, as we do in every other region of the world, that liberty and democracy are the only guarantees of true stability and lasting security," she said. 

Ousted Iraqi president Saddam Hussein, whom Rice described as "a monster", simply "could not be a part of anyone's vision for a better Middle East". 

The path to a peaceful Iraq, however, "is made more difficult by the brutal insurgency". 

"This is not some grassroots coalition of national resistance.

"These are merciless killers who want to provoke nothing less than a full-scale civil war among Muslims across the entire Middle East. And having done so, they would build an empire of terror and oppression," she said. 

She also said that withdrawing soon from Iraq was not an option.

"If we quit now ... we will make America more vulnerable. If we abandon future generations in the Middle East to despair and terror, we also condemn future generations in the United States to insecurity and fear." 

Defence takes lion’s share of 2006 budget - report
[TamilNet, October 02, 2005 03:41 GMT] 

Sri Lanka’s has substantially increased its defence budget for next year to almost US$700 million, the Sunday Times said this week. The rise of over 20% comes amid a stepping up of violence in the island’s east between Army-backed paramilitaries and the Liberation Tigers. 
In a report titled “Defence takes lion’s share of 2006 budget,” the Sunday Times said the proposed budget raises expenditure on the military next year to Rs. 69,470 million (US$690 million), a rise of nearly Rs. 13,000 from this year’s Rs. 56,300 million (US$ 554 million).

Defence is among several areas that have been allocated increased funding in the government estimates for the coming year, the paper said.

The total government expenditure for 2006 was estimated at Rs. 568 billion, up from 438 billion in 2005, in the Appropriation Bill for next year to be presented by Finance Minister Dr. Sarath Amunugama in Parliament on Tuesday, the paper said. 

Some analysts argue Sri Lanka has developed a domestic ‘war economy’ where the defence budget is one of the largest injections of state funds into the market.

"Army recruitment and compensation have become the primary source of resources transferred into the economy of the rural poor in the Sinhalese-majority regions of the South," says Prof. Kenneth Bush in his book "Learning to read between the lines: the intra-group dimensions of ethnic conflict in Sri Lanka."

The rural economy of the rural poor in the South is “three times more dependent on 'military remittances' than official poverty alleviation programmes (Janasaviya and Samuradhi); and more dependent on Army recruitment and compensation than on overseas remittances," he says.

"In effect, successive governments [have] been using military employment as a grand youth employment cum poverty alleviation programme," Prof. Bush argues.

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