20 October, 2017

Colonization Schemes: What Did The B-C Pact Say?

By R.  Sampanthan

R Sampanthan MP

R Sampanthan MP

I am happy to follow the Minister, the Hon. Janaka Bandara Tennakoon, who, I think, in the course of his statement referred to the multifarious problems that exist in the North and the East pertaining to State land. I will be dealing with some of these issues in the course of my speech.

Lands, Sir, is a fundamental issue. It has  enormous influence on vital aspects of human activity and it is crucial, particularly from the point of view of the affected people, like persons displaced during the war and so on. There are private lands. Large extents of private lands are to be acquired by the Government in both the North and the East. The owners are opposed to such acquisition. These are lands on which these people have lived for generations and centuries. People have gone to court in regard to this matter and the Government has given certain commitments to court on this question. But, unfortunately, those commitments have not been kept. In fact I have raised some of the issues in Parliament and I have been given some commitments on the Floor of this House, but unfortunately, even those commitments are not being kept.

There are substantial lands held on permits issued by the State. There are lands possessed by people over long periods of time for which they have not been issued permits because Governmental machinery has not functioned in some of these areas efficiently for a long period of time. No land kachcheries have been held. Necessary action was not taken by Government to give land to landless people. These people are landless people and are entitled to receive land. There is documentary proof of the fact that they have cultivated those lands or lived on those lands. There is what is known as the “Dappu” entered in regard to paddy fields. There are also other documents with Local Government officials to establish that people have possessed these lands. It is necessary that all these people must be given those lands. It is also necessary that a vast number of people who do not have lands are also given lands to enable them to live on such lands and to cultivate such lands.

People were displaced, Sir, in large numbers both in the North and the East. Some have returned Some are unable to return because their lands, particularly agricultural lands, are unlawfully held by others. Those lands have been encroached upon, trespassed upon by other persons and are being held by those persons, largely new settlers from adjoining areas  in the East and in the North, such lands are held by the military.

There are also instances where persons are being brought from other areas to these lands in both the North and the East. These people have no means to survive unless they cultivate their agricultural land. In the matter of residence, those people who do not have land are unable to obtain any relief for the purpose of their residence because they must own a land before they can even build a house. So, these are matters that need to be attended to. But, unfortunately, the authorities are not resolving these issues. The people have complained to Divisional Secretaries, to land authorities, both at central and provincial levels. They have complained to the police and sought interference by the law-enforcement authorities, but there is no resolution. There appears to be a lack of will on the part of the authorities to resolve these issues in an effective manner. It appears that in some instances such delay is deliberate. Land should be restored to people who are entitled to such lands, and landless people must be given lands. There appears to be no definite arrangement to implement this responsibility. This is beneficial to people who are unlawfully possessing such lands. It gravely affects the displaced people who want to return, and the landless people who are entitled to State land and want to receive land. These people can resume normal lives only when this issue is resolved in a just manner.

The implementation of impartial land dispute resolution mechanisms is one of the components in the Resolutions adopted by the UN Human Rights Council in 2012 and 2013, which the Sri Lankan Government had been called upon to implement. That is no mechanism whatever to resolve such land issues. The position is only getting worse by the day. People are suffering immensely. In some so-called welfare centres, people are living in squalid conditions. I am sorry to state that the Government is insensitive to this situation. In some areas, high officials want people to suffer because the people want to be resettled on the lands from which they were displaced and are not willing to comply with the directions of the  officials in regard to the area of resettlement. This applies to particularly the Sampur area in the Trincomalee District. People have been deprived of their dry rations; people have been made to starve. There is a retired military official who is retained as Government Agent in Trincomalee for more than seven years. I wish to pose the question whether he is being retained to implement such programmes. Such a long term for a government agent is not heard of in public service. The Governor of the Eastern Province against whom the previous provincial government resolved that he should be removed, the Cabinet of Ministers unanimously resolved that he should be removed and wrote to the President but he is not being removed and his term has been extended and he has been given a fresh term.

Why are these things being done? The general impression is that it is these persons who are creating obstruction in regard to the resettlement of these people on the lands from which they were displaced. A reasonable resolution in regard to disputes pertaining to land is fundamental for reconciliation. There can be no reconciliation unless disputes pertaining to lands are settled reasonably. Reasonable resolution of issues, particularly power pertaining to land, are also inextricably linked to the evolution of a reasonable political solution.

I would like to trace, Sir, the history of this issue. I would first like to refer to the Bandaranaike-Chelvanayakam Pact signed on the 26th of July, 1957. What did the Pact say with regard to Colonization Schemes? This is what the Pact contained. I quote:

“(F) It was agreed that in the matter of colonisation schemes the powers of the Regional Councils shall include the power to select allottees to whom lands within their area of authority shall be alienated and also power to select personnel to be employed for work on such schemes. The position regarding the area at present administered by the Gal Oya Board in this matter requires consideration”.

That is because at that point of time, a substantial number of people from outside had been settled in that area administered by the Gal Oya Development Board. But, other than that area, in the Northern and Eastern Provinces, this was to be the position.

Then, we had the Dudley Senanayake-Chelvanayakam Pact, Sir, which was signed on the 24th of March, 1965 and this is what the Pact stated in regard to State lands. I quote:

“4. The Land Development Ordinance will be amended to provide that citizens of Ceylon be entitled to the allotment of land under the Ordinance.

Mr. Senanayake further agreed that in the granting of land under colonization schemes the following priorities be observed in the Northern and Eastern provinces.

(a) Land in the Northern and Eastern Provinces should in the first instance be granted to landless persons in the district.

(b) Secondly, to Tamil-speaking persons resident in the northern and eastern provinces.

(c) Thirdly, to other citizens in Ceylon, preference being given to Tamil citizens resident in the rest of the Island.”

That was the Pact signed with Mr. Dudley Senanayake. Two of the tallest leaders, Mr. S.W.R.D. Bandaranaike and Mr. Dudley Senanayake who served this country, signed these Pacts along with the undisputed leader of the Tamil people, the late Mr. S.J.V. Chelvanayakam, in their capacity as Prime Ministers of this country. Their idea was that the territorial identity of minority peoples, who preponderantly occupied the Northern and Eastern Provinces, must be preserved.

That is because they felt that such an arrangement was fundamental to ethnic peace and harmony. Unfortunately, Sir, that matter was not implemented and I think that has been the primary cause for the conflict, which everyone in this country has faced for several decades.

I might mention, Sir, – I do not want to be misunderstood – that when the country attained Independence in 1947, not a single Member of Parliament from the majority community was elected in the Eastern Province.  But, today we have five Members of Parliament who have been elected from the majority community in the Eastern Province.  That is because the thinking of both Mr. S.W.R.D. Bandaranaike and Mr. Dudley Senanayake has not been implemented.  I might mention, Mr. Deputy Chairman, that between 1947 and 1981, while the natural increase in the Sinhala population in the whole country was 238 per cent,  the Sinhalese population in the Eastern Province increased by 883 per cent.  In other words, the natural increase of the Sinhalese population in the whole country was less than two and a half times between 1947 and 1981, but, in the same period, the increase in the Sinhalese population in the Eastern Province was almost nine times.  Those facts, Sir, speak for themselves and clearly indicate how unjust this question of allocation of land has been.

Then, we come to the Thirteenth Amendment to the Constitution, Sir, which was the next step in regard to State land.  Item 18 of the Provincial Council List says, I quote:

“Land, – Land, that is to say, rights in or over land, land tenure, transfer and alienation of land,  land use, land settlement and land improvement, to the extent set out in Appendix II.”

That is the land power given to Provinces in regard to State land.

Appendix II states, I quote:

“State land shall continue to vest in the Republic and may be disposed of in accordance with Article 33(d) and written law governing the matter.

Subject as aforesaid, land shall be a Provincial Council Subject ….”

I repeat,

“Subject as aforesaid, land shall be a Provincial Council Subject, subject to the following special provisions:-”

There were certain special Provisions made in regard to that matter.

Land was also referred to, Sir, in the Reserved List II in the Thirteenth Amendment to the Constitution which states, on the question of land, I quote:

“… State Lands and Foreshore, Except to the Extent Specified in Item 18 of List I.”

In other words, that is, except to the extent specified in Item 18 of the Provincial Council List.

So, the power devolved on Provincial Councils in regard to State land was to remain.  I lay emphasis on this matter, Sir, on account of certain developments that have taken place recently.

So, even under the Thirteenth Amendment to the Constitution, Sir, you would see that there was power given to Provincial Councils over State land however limited or inadequate such power maybe.

Then, from there, Sir, we move on to the Constitutional proposals of former President Chandrika Bandaranaike Kumaratunga. I would first briefly refer to the proposals that she placed before the country in 1995 on Land and Land Settlement. Paragraph 4.1 of the proposals states, I quote:

“ 4.1  Land will be a devolved subject and State land within a region will be vested in the Regional Councils. State land within a Region required for the purposes of the Centre in respect of a reserved subject may be utilized by the Centre in consultation with the relevant Regional Council in accordance with such procedures as may be established by law.

4.2  Priority in future land settlement schemes will be given to persons first of the district and then of the Region. “

These proposals of Madam Chandrika Bandaranaike Kumaratunga in 1995 were followed by the Constitutional proposals she placed before Parliament in 2000. What is stated under Chapter XVI pertaining to land is as follows. I quote:

“143(2) The Centre and the Regions shall succeed to such State land at the commencement of the Constitution in the manner hereinafter            provided and shall hold such State land in the name of the Republic. “

The next paragraph states further, I quote:

“(3) (a) The Centre shall succeed to State land controlled or used, in relation to subjects and functions enumerated in the Reserved List, by the Central Government, its institutions or any public corporation at the commencement of the Constitution. ”

Then, Paragraph 5 states, I quote:

(5) Every Region shall succeed to all other State land within the Region and such State land shall, subject to –

(a) The rights enjoyed, immediately prior to the commencement of the Constitution, by any person in lawful possession or occupation, immediately prior to the commencement of the Constitution, of any such land;  and

(b) be at the disposal of the Regional Administration of that Region for the purposes set out in the Regional List, and the Regional Administration shall be entitled to exercise rights in or over such land, including land tenure, transfer and alienation of land, land use, land settlement and land improvement, in accordance with applicable written law.

(6) (a) Where the Central Government is satisfied that State land in a Region is required  for the purpose of a subject in the Reserved List, the Central Government may, after consultation with the relevant Regional Administration, require the Regional Administration to make available to the Central Government or to such public authority as the Central Government may specify, such land as may reasonably be required for such purpose and the Regional Administration shall comply with such requirement.”

Further, Sir, on the question of priority it states, I quote:

“(8) Priority in land settlement schemes after the commencement of the Constitution shall be accorded first to landless persons of any sub-division, recognized by law, of a District, then to landless persons of the District and then to persons of the Region.”

That is what Madam Chandrika Bandaranaike Kumaratunga’s proposals stated, both in 1995 and 2000.

What is significant about this proposal, Sir, is that President Mahinda Rajapaksa was a Member of President Chandrika Bandaranaike Kumaratunga’s Cabinet of Ministers and was a party to this proposal. That was definitely the position of the Sri Lanka Freedom Party and all its progressive alliance partners.

I am confident that this continues be their position even today. In fact, President Mahinda Rajapaksa, when he addressed the inaugural meeting of the APRC and the Committee of Experts in 2006, wanted them to study all earlier proposals starting with the Bandaranaike-Chelvanayakam Pact and the patterns of power-sharing in other countries the world over. Land is always a regional or state subject in every other country.

The majority of the Committee of Experts came up with their report on State land and their position is very clear. The majority of the Committee of Experts appointed by President Mahinda Rajapaksa and guided by him in his inaugural address at the first meeting, deliberated and came up with their proposals in regard to State land. It states in paragraph 17:1, I quote:

“The Centre shall succeed to State land controlled or used by the Central Government and its institutions in relation to subjects and functions in the National List at the commencement of the Constitution”.

Paragraph 17:2 states:

“Every Province shall succeed to all other State land within the Province, subject to the rights of persons in lawful possession or occupation of such land. A Provincial Government shall be entitled to exercise rights in or over such land, including land tenure, transfer and alienation of land, land use, land settlement and land improvement.”

That was the Report submitted by the majority of the Committee of Experts, eleven of them multiethnic in character, the majority of them being Sinhalese appointed as experts. This was done during President Mahinda Rajapaksa’s first term.

This matter had also been interpreted by the Supreme Court  in a series of cases over a period of time. I will not refer to all those cases but I will just refer to one case, the case in which the Hon. Vasudeva Nanayakkara was the Petitioner. A Court comprising of three Judges including the Chief Justice ruled in that matter. They referred to “Appendix II” of the Thirteenth Amendment to the Constitution.  I quote from that Judgement.

“Appendix II” in my view establishes an interactive legal regime in respect of State Land within a Province. Whilst the ultimate power of alienation and of making a disposition remains with the President, the exercise of the power would be subject to the conditions in Appendix II  being satisfied.

A pre-condition laid down in paragraph 1.3 is that an alienation or disposition of State land within a Province shall be done in terms of the applicable law only on the advice of the Provincial Council. The advice would be of the Board of Ministers communicated through the Governor. The Board of Ministers being responsible in this regard to the Provincial Council.”

So, Sir, that is the interpretation of the Supreme Court on the question of State land, that it is subject to an interactive regime where initially the action must be initiated by the Provincial Council, who will have to advise even the Central Government in regard to what needs to be done though the ultimate power of disposition of State land, that being property vested in the Republic, lies with the President.

After the alleged impeachment of the former Chief Justice, in my view only for the reason that she upheld the provisions of the Constitution pertaining to limited provincial autonomy,  it would appear that a view  inconsistent with the view expressed in the Vasudeva Nanayakkara case has been taken by a court headed by the new Chief Justice. This is a matter of grave concern for the reason that the Executive may totally disregard the provisions in the Thirteenth Amendment to the Constitution pertaining to the province’s power over State land, however inadequate and limited such power maybe in its present form. This would be inconsistent with not merely the line of judicial thinking that has hitherto prevailed but also the progressive political thinking that has developed in regard to provincial power over State land which has been enunciated by me earlier in the course of my speech. This has also to be viewed in the context of the clamour by some extremist forces that the provincial power over State land should be annulled. The recent developments make this issue a very tense issue in relation to the prospect of genuine reconciliation. Genuine reconciliation in such circumstances would become utterly impossible.

Sir, I wish to say a few words in regard to the provincial council arrangements. Provincial Council elections have been held in the Eastern and Northern Provincial Councils recently, in the Eastern Provincial Council last year and the Northern Provincial Council this year. Eleven out of the twelve Tamil Members elected to the Eastern Provincial Council were from the Tamil National Alliance and thirty of the total of thirty eight Members elected to the Northern Provincial Council were from the Tamil National Alliance. Of the eight other Members elected only three were Tamil Members. The democratic verdict of the Tamil people has been made abundantly clear by the decisions taken by the people in the North and the East at these elections. That verdict must be respected. It must be respected by the Central Government. It must also be respected by all the bureaucrats who ran the Northern Provincial Government before the elections. The democratic verdict of the people was also against that rule. In fact, some important persons who administered the Northern Province earlier, campaigned against the TNA on behalf of the present ruling party. I would submit Sir, respectfully that it would be ridiculous  to expect them to work with the Tamil National Alliance in a spirit of cooperation.

Pending the evolution of a reasonable, workable and durable political solution within the framework of a united undivided Sri Lanka which cannot be elusive for ever, we want to as successfully  as possible work the Provincial Council to ameliorate the pathetic plight of our people and also in the  interest of goodwill and harmony.

The Northern Provincial Council, to which elections were held on 21st September, has not yet taken off. I will on this  occasion, refrain from talking too much  about that because the Chief Minister of the Northern Province is interacting with  the Presidential Secretariat and we would like to see what the result of such interaction would be.

We expect that the verdict of  the people would be respected, that is the hallmark of democracy. If the Northern Provincial Council is not enabled to function effectively,  the holding of the Northern Provincial Council Election could only be regarded as a disingenuous exercise. Such a conclusion,  I respectfully submit Sir,   would be inevitable.

Before I conclude, there is one matter I want to refer to. There has been a letter written recently by the Secretary of the Presidential Task Force, one Mr. S.B Divaratne,  to Mr. Subinay Nandy, UN Resident/Humanitarian Coordinator.  I will read the letter, Sir. This is what it says:

“Dear Mr. Subinay,

Humanitarian Development Assistance to  the Northern Province.

This note is sent to you to confirm the involvement of the PTF in monitoring the above activities in the Northern Province as practiced in the previous years.

The procedure adopted by the PTF in relation to approval and monitoring of the above activities carried out for the benefit of  the resettled families  in the Northern Province remains unchanged. I would therefore, be grateful  if you would kindly  inform all heads of the UN Agencies and the Humanitarian Country Team to follow the same procedure for the year 2014 as well. The Monitoring through 3W Monitoring Tool will continue. The District Secretaries and the Divisional Secretaries have been informed to liaise  with the UN Agencies and the INGOs like in previous years in relation to such activities implemented in those Divisions.

Your cooperation is appreciated.

Yours sincerely,

S.B. Divaratne

SecretaryPTF

Cc:

1.      Hon.  Governor,  Northern Province

2.      Chief Secretary

3.      All GA’s/ District Secretaries  – for compliance and  to keep the  Divisional Secretaries  informed

4.      All SF  Commanders.”

No copy to the Chief Minister of the Northern Province, a  person who has been elected  most convincingly  by the people of the Northern Province to look after their affairs. This is in regard to relief and rehabilitation. Social Services and Rehabilitation which are item 7 in both the Provincial List and the Concurrent List of the  Thirteenth Amendment to the Constitution which comes under the jurisdiction of the Provincial Council but this gentleman writes to various people ignoring  the Chief Minister, not even a copy to be sent   to the Chief Minister. What does this indicate, Sir? These are functions clearly within the purview of the Provincial Council. What is the motive behind this letter? Is it to prevent the Provincial Council becoming functional?

Is it hubris on the part of an individual who writes this letter, who imagines that the verdict of the people in the North can be discarded and rejected and that he can do what he likes? Or is it that a sense of impunity induces him to think that the bureaucracy can do whatever they want? What is the purpose of the Northern Provincial Council Election being held and a Chief Minister being elected by the people if, after the Election is held, this type of letter is going to be sent in regard to work pertaining to relief, rehabilitation and services to the affected people, the displaced people?  These are the questions, Sir, that we want to pose. It appears to me that if this be the trend, that is not a happy augury. I refrain from posing that question, whether this letter is indicative of Government policy, in view of the fact that the Chief Minister has been interacting with the Presidential Secretariat and that we expect that through such interaction, the Provincial Council will be able to function effectively. But, it is a matter that is relevant, that such a letter has gone out at this crucial time.

I remember, Sir, when I was in Jaffna during the course of the election campaign, I read a statement made by the Hon. Basil Rajapaksa – the powerful Minister of Economic Development in this country – that once the election was over, the programme known as “Uthuru Wasanthaya” would be handed over to the Northern Provincial Council. Has that been done? Can anyone please tell me? If the TNA had not won, it may have been done. What happens to the “Uthuru Wasanthaya” programme now? Are you prepared to hand over that programme to the Northern Provincial Council in keeping with the commitment you made publicly at the time of the election and enable the Provincial Council to function?

Before I conclude, Sir, I think it will be relevant for me to read just one paragraph of the Report that had been released just a few days ago by the UN Special Rapporteur on the Human Rights of Internally Displaced Persons. While being in Sri Lanka recently, he visited the Northern Province and met with a large number of people. This is what he says in his Report. I will read just one paragraph, Sir, before I conclude. It states, I quote:

“Key issues to address include protection of the physical integrity and bodily autonomy of women and girls and their reproductive rights, of children, feasible access to land, and a proportionate balance between justifiable military concerns of national security and freedom of movement and choice of place for IDPS seeking to return to their original places of residence. Transparent information on plans to release land currently under military control and withdrawal of the military from all civilian functions would help to find durable solutions for people in conflict-affected areas. While significant numbers of IDPs secured their residential plots of land, some still need access to their original farmland or fishing areas to sustain their livelihood. Displaced and resettled communities seem to remain vulnerable to recurrent shocks. Their situation is exacerbated by growing food-insecurity and indebtedness in the Northern Province, partly due to the lack of sustainable livelihood opportunities. “The situation of single female headed households and of orphan girls is particularly preoccupying.

නියෝජ්‍ය සභාපතිතුමා

(பிரதித் தவிசாளர் அவர்கள்)

(The Deputy Chairman)

Order, please! Hon. Sampanthan, you have only two more minutes.

ගරු ආර්. සම්පන්දන් මහතා

(மாண்புமிகு ஆர். சம்பந்தன்)

(The Hon.  R.  Sampanthan)

I am finishing up, Sir. It further states, I quote:

“While some received assistance to rebuild their houses, others live in extreme poverty, without adequate access to services and livelihood,” added Mr. Beyani.”, the Special Rapporteur on the Human Rights of Internally Displaced Persons.

Sir, we have raised some fundamental questions today, particularly on the question of State land and on the question of the functioning of the Northern Provincial Council. Mr. Beyani has also raised questions in regard to the security of females in the Northern Province and the right of persons to livelihood.

We seldom receive an answer from the Government in regard to the questions we raise.  I am grateful that I have not been interrupted today; I am thankful for that. But, we would expect the Government to respond to our questions and let the people of this country know what is happening.

I thank you, Sir.

*Parliamentary speech by TNA Leader, R.  Sampanthan on December 14, 2013

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Latest comments

  • 6
    6

    Bandaranaike-Chelvanayakam Pact signed on the 26th of July, 1957. What did the Pact say with regard to Colonization Schemes?

    One-trick pony plays the race-card trick yet again! Bandaranaike-Chelvanayakam pact mention Gal Oya scheme nowhere near north-east. Those who were settled were predominalty Tamils and Moslems. Which pony drafted this? I am wondering when the pony bray does the other ponies in the herd actually verify if the animal is telling a pokie?

    • 4
      8

      Chelvanayagam was a kallathoniya!

      He was born in Malaysia not SL.

      He ILLEGALLY came to SL by BOAT.

      Rings a bell?

      • 5
        1

        Listen unless you are Veddah, every Sri Lankan is non native. Muslim Malays also ‘illegally’ came by boat , so too did Arabs, and Vijaya the barbarian invaded Lanka.

      • 1
        2

        Chalvanayagam was a Christian English man.

        • 3
          1

          All the Rajapakse’s hold US greencard.
          SWRD was a British
          Rajapakse’s coolie in the Northern province is an Austrlain citizen

          • 1
            0

            Fool!
            SWRD was a Sri lankan citizen always. Mahinda is only a citizen of Lanka!

            You Indians never learn anything. How is your Americans? Naked search to the Indian diplomat. But Gota went smart. hahaa

            • 0
              0

              Sinkalam:

              What is the difference between

              Sri lankan citizen and citizen of Lanka

        • 1
          3

          He was an ILLEGAL immigrant from Malaysia!

          That is a FACT.

          Call a spade a spade.

          • 0
            0

            Idiot!
            Chelvanayagam was born in Malaysia to Sri lankan parents. Dont show your stupidity in public!

            If Tilak Marapan(a), a third generation Malayalee can be a minister, Chelvanayakam had all the rights to be a Sri lankan.

            I think you have no knowledge of anything about citizenship!

            Parabhakaran’s fathe Veluppillai also a “naturalized” citizen but he was born in Kerala!

            • 0
              0

              Sinkalam:

              I think you have gone bonking mad. Just read the following and quick as a flash can you explain to me as to why Prabakarans father had to Naturalise. I am ignorant of the Law of Naturalisation in Sinhala Lanka.

              Prabhakaran’s father Veluppillai was born in Valvettithurai, Jaffna. Velupillai Prabhakaran was born in the northern coastal town of Velvettithurai on November 26, 1954, to Thiruvenkadam Velupillai and Vallipuram Parvathy.[9][10] Thiruvenkadam Velupillai was the District land Officer in the Ceylon Government

    • 1
      0

      Bandaranayake Chelvanayakam Pact
      (Banda-Chelva pact – 1957)

      Part B.

      6. It was agreed that in the matter of colonisation schemes the powers of the regional councils shall include the power to select allottees to whom lands within their area of authority shall be alienated and also power to select personnel to be employed for work on such schemes. The position regarding the area at present administered by the Gal Oya Board in this matter requires consideration.

      http://www.thesundayleader.lk/archive/20070722/focus.htm

  • 5
    4

    Quote:There are substantial lands held on permits issued by the State. There are lands possessed by people over long periods of time for which they have not been issued permits because Governmental machinery has not functioned in some of these areas efficiently for a long period of time…..Sampanthan

    Lands with no permits… are these lands on which people from estate sector settled by TULF on ficticious letters purportedly signed by A.Amirthalingam…. mmmmmmmmmm food for thought.
    No govt machinery could have kept track & furthermore, your boys did not permit it as well.

    Do not speak of the past Sampanthan as it has been distorted by your guys. Just learn to move on…………
    When Velu was alive you were not interested in this kind of talk. Your focus was eelam……. Now what do you seek? To expand by hook or crook?

  • 8
    2

    What a dignified, polite and pointed speech!

  • 6
    3

    The Rajapakse Govt is aware the country is going through a very delicate phase in so far as the National Question is concerned.
    Mr Sampanthan clearly establishes the Govt and its key officials,
    both military and civil, conduct sensitive matters according to their
    whims and fancies – giving tuppence to the established law and
    subsequent commitments by the Govt. This includes commitments to international agencies like the UN. Tamil people in the North and East are continued to be condemned to live in wretched temporary sub-basic housing – exposed to the elements while their generations old land (houses and agricultural) are denied to them and occupied by army personnel. There is much evidence a carefully planned out system to starve them entirely or deny food rations to them is very much on the cards. Schadenfreude at its element is in play here. These are all part of a majoritarian genocidal programme to ensure Tamils leave their
    land and to radically achieve a demographic change to suit majority
    interests.

    It is only the region, the UN and the international community that can
    help the Tamil people in these areas to survive. Unless the Rajapakse
    family regain their senses and mete our justice they will only be pushing the Tamil Nation towards physical separation, which, I must add, is far from the minds of the Tamils.

    R. Varathan

    • 2
      3

      International community with Sinhalese.. Not with Tamils,, If IC with tamils Prabakaran & his family still alive.. You (tamils) just imported to west to clean up their back yards. Go to work dont delay today.. Modaya..

    • 1
      0

      Tamil diaspora never build a single house for any Tamils in the North-East but India is building houses for Tamils. Buy is is now treated by the same diaspora as enemy of Tamils.

      Army also built houses for Tamils. But Sambandhan gang never.

      NPC and EPC returned more than 8000 millions to the treasury.

      Government is doing the best but the Tamil champions do the rot!

      • 0
        1

        Sinkalam :

        Where do you live . In a Kudisai. After March 2014 TNA will be building Houses.

  • 4
    5

    Dear Sampanthan,

    Banda Chelva pact can say anything . Did it have the approval of the majority sinhalese people. Answer was a no. It was an election gymick by this man and later on Dudley.

    You mention the fact that the majority of the Tamil MPs selected to Eastern Provincial council are from TNA. Did any muslim from the east contest under the TNA ticket and win in the east. No. Besides majority of the areas in the East are Sinhalese villages . It is not something that happened with the so called colonization. Through colonization more and more Sinhalese people were resettled in their Purana villages. No matter how hard you try, you will never be able to convince any body in the world that East should be part of Tamil homeland. Neither historical facts nor numbers justify this.
    Good luck anne

    • 4
      8

      Chelvanayagam was a kallathoniya!

      He was born in Malaysia not SL.

      He ILLEGALLY came to SL by BOAT.

      Rings a bell?

    • 2
      1

      Ravi,

      When you elect a government, by default, the government is mandated to govern and making pacts with minorities is one of them. Democracy means safeguarding minorities and fairness in instilled in all aspects of governance. It is not about number game! Sri Lanka went through two armed insurrections it was because, the peoples are not correctly empowered. It is about time you learn from the past!

    • 2
      1

      Ravi Perera is wrong on several counts.

      SWRD’s MEP won virtually all seats (1956) except the 8 that went to the UNP. The House then was 101 (95 + 6) as I recall. SWRD had a Sinhala mandate to enter into a valid agreement with SJVC, unless Perera is convinced every single Sinhalese in the country must give his assent to the B-C Pact.

      How does Perera’s argument most villages in the East were Sinhalese stand up against the fact the lingua franca in the East has been Tamil
      as far we remember history. Despite the surreptitious campaign of forced Colonisation by Sinhalese in the EP carried out by all Govts since DSS’s in 1948 still most of the EP is Tamil speaking. No effort is necessary to “convince” the world. The facts speak for themselves – except to those hideous few fully awake who pretend they are sleeping.

      Kettikaran

    • 3
      0

      Ravi Perera

      “Did it have the approval of the majority sinhalese people. Answer was a no.”

      Did Sinhala only language policy have the approval of the minorities? nswer was a no.

      Did the Citizenship Act 1948 have the approval of majority Sinhalese people? Answer was a no.

      Did the 1972 Constitution have the approval of majority people? Answer is no.

      Did the destruction of Jaffna library by the politicians and armed forces have the approval of majority sinhalese people? Answer is no.

      Did the state orchestrated 1977 & 1983 riots against minorities have the approval of majority sinhalese people? Answer is no.

      Did the 1978 constitution have the approval of majority people? Answer is no.

      Did the Indo/Lanka have the approval of majority sinhalese people? Answer is no.

      Did the Invasion of IPKF have the approval of majority sinhalese people? Answer is no.

      Did funding, arming, … the LTTE by Premadasa and his armed forces have the approval of majority sinhalese people? Answer is no.

      There are other “Did” question. You can ignore them?

    • 0
      0

      Hello!
      If you talk your Purana stories, most of the western and north western province belong to Tamils.

      If you go through Land Registry records in those areas, you can find SINHALA there!

      For example the Corea family of Chilaw wrote everything in Tamil three generations ago!

      • 0
        0

        Correction:
        If you go through Land Registry records in those areas, you can’t find SINHALA there!

  • 4
    3

    The fact is you don’t trust what the Sinhala leaders or Sinhala governments are agreeing or saying in public because that is in their gene. There is no relationship between Truth and Sinhala. This is the race which wholeheartedly cheat Lord Buddha.

  • 3
    10

    Stop disgusting Tamil colonization of Colombo.

    Leave Colombo to Muslims and Sinhalese. It is NOT for Tamils.

    • 7
      1

      Well done. You should stop colonization in any part of Sri Lanka. You understands it. You should pay the billions of money paid by the Tamils to buy these properties. Tamils don’t get it free as Sinhala and Muslims get it free.

    • 3
      0

      Your silly little attempts at online activism isn’t going to fool anyone. You are just a Sinhala trying to: a) ass kiss muslims — b) trying to give the impression that Sinhalese and Muslims are butt buddies in the hopes that Muslims who read yout rantings will sympathise with GOSL, based on your posting — c) hope that Tamils might mistake you for Muslim , which you think will translate into advantage for Sinhalese.

      • 1
        5

        Usual Tamil BS. This is what happens when you put roasted bull crap on your forehead you call vibuthi.

        Keep dreaming fool until you get what Thalaivar got.

        It was Muslims countries that voted for SL at HRC. Not Buddhist countries. Try to understand that.

        • 2
          0

          Muslim countries voted as a you scratch my back we scatch your back understanding. All Muslim countries have their own human rights violations , so they expect Sri Lanka to back them if they themselves are ever hauled before the UN. — Thailand a Buddhist majority country voted for Sri Lanka. — What your petty little Sinhala chauvinist brain does not comprehend is that Tamils will always be better off than you lot because Tamils still retain their ancestral identity. While you lot adopted the language of those Barbarian who raped and subjugated your ancesrors. — One of the greivances Black people in America have is that their African culture was destroyed and replaced with White Man’s culture. Native Americans on the other hand are proud retain their indegenous identity.

    • 0
      0

      But you are a Parawa from Thoothu Kudi! When are you leaving?

  • 1
    7

    Keep begging Sambandan and hope your fate will be different to the fate of Thalaivar who begged for life and got a hot iron rod in the behind!

    Tamils are such disgusting beggars.

  • 2
    4

    I am with the TNA on governing the North under the provincial system but I disagree on the point of land ownership. I believe as Sri Lankans one irrespective of one’s race should have the right to buy land anywhere in the country if one so desires; a right fully enjoyed and exercised by Tamils today. Therefore, before this becomes a major issue once more the govt and the TNA should agree to this and make the necessary amendments to the 13 Amendment. It is unfair for the TNA or the Tamil population to ask for sole rights and/or preference to the lands in the North based on some pact signed some time ago, especially after the Sinhala people made a massive human sacrifice to win back the area from the LTTE.

    All people agree TNA should be allowed to govern the North after they were elected on a democratic vote, but to make a special law for land ownership in the north where its not existent anywhere else in the country that favours Tamils is utterly unacceptable.

    • 1
      1

      This whole land issue is an extension of “caste system” that is prevalent in the Jaffna society. The people who are accustomed to subjugating their own people using caste system are trying to extend it over to other people in the country. However, these high caste men have no issue using even “untouchables” as soldiers in their battles. It is hilarious how they are bending over backwards to invite up country Tamils, Tamils in the Eastern province and Muslims into their fold just to increase their numbers! These people are like dinosaurs. Totally out of sync with changing world around them and are destined to disappear for good– better that it happens sooner than later.

    • 2
      0

      Dear James,
      Please don’t misinterpret about Tamils and TNA stands on land issues. TNA or Tamils are not against buying or selling lands by individuals in the North East. They are against the agenda of changing the demography of the region by state sponsorship with the intention of changing all regions in Sri Lanka with Sinhala majority. This is what Tamils and Sinhala leaders accepted in their agreements.

      Nowhere in the South the demography has changed as happened in the North East region. Tamils moved to Colombo city not to change the demography and the Colombo district population ethnic ratio remains the same before and after war. Before the war Tamils moved to Colombo because it was the Capital of Sri Lanka and all government and non governmental operations are at Colombo. If you are not happy move all the government and non governmental institutions to Jaffna or Kilinochichi. During the war people moved to Colombo for safety purpose. The North East was bombarded by Sinhala forces and food and medicine were blocked to North east and Roads were closed to North East. Tamils living in Colombo did not enjoy any freedom of speech or justice. People are afraid to make a complaint at a police station if a Sinhala thug attack or steal their belongings.

      Being a Sinhalese you don’t like to mention the suffering, the hardships and losses to the Tamil community by your military, your governments, your people since 1958. LTTE did not attack your schools, hospitals, your houses or refugee camps as your Sinhala people and forces did throughout the island. Just look at how many women and children were ragged in to streets of Colombo and burnt by your Sinhala mobs. It did not happen some where in the corners of a village, it happened in your doorstep and you were enjoying as a victory while world is watching.

      • 1
        1

        Ajith I am not misinterpreting anything and you have misunderstood my reasoning and going on about what Tamils faced during the period of terrorism, which has no bearing at all. You don’t understand that Tamils only make up approximately 13% of the population and their migration from North to South cannot change the demography of the area they are moving into. However, any migration of the majority Sinhalese to the North or the East will definitely change the demography of the North and East. So according to your argument it is ok for Tamils to move anywhere they like but the Sinhala majority cannot as they might change the demography of the Tamil majority areas; is that right? I think it is a very hypocritical stance by the Tamils. Sri Lanka must recognise only Sri Lankans and now do away with these race and religious distinction. If one is a Sri Lankan he or she should have every right to live anywhere in the country. You don’t see this happening in UK, Canada, Australia, US and other countries where Tamils have settled happily without any worry about how the population there is made up. Only when it comes to Sri Lanka the Tamils (extremist) want to worry about the demography. Sooner you shelve this idea the better cos at this point of time there are a lot of Sinhalese like myself who want to live in harmony with our Tamil brothers but you bring your self centered extremists sentiments and you will not have any friends here and will not have any homeland in this country.

        • 0
          0

          James,

          You still try to hide away from the difference between intentional migration organized by the state and people moving due to necessities. You cowardly compare Sri Lankan Tamils moved to US, UK , and Canada with the Tamils living in Sri Lanka. Sri Lankan Tamils have the same right as Sinhalese in this island. You Sinhalese always forget that you all came from India. This island is not only belongs to Sinhalese because of their numbers. Tamils are majority in the Eelam and Sinhalese should follow the majority rule of Tamils in that part.
          Harmony is not surrendering the fundamental rights to Sinhalese. Equal partnership is good for a healthy family life. If you want to keep your dominance, divorce is good for both.

      • 0
        0

        State Lands will be distributed by the government. You cannot sell or buy those lands!

        LTTE also built luxury condominiums in Colombo after robbing the Tamils. Tamil Eelam is a good business proportions.

        Sambandhan and Ananthi sasitharan must give the lands back to the Tamils from they grabbed during the LTTE era!

    • 2
      0

      //I believe as Sri Lankans one irrespective of one’s race should have the right to buy land anywhere in the country if one so desires; //

      Tamils are not against the free movement of all Sri Lankans from Paruththiturai to Thevanthurai (Dondra). If the Sinhalese want to buy land in North East with their own money, they are welcome to buy the land and invest in the local economy but the government shouldn’t be in the business of demographic engineering. The world said this type of ethnic cleansing was wrong in Rwanda, Bosnia, Serbia and in Kososvo, in that case it must be wrong in the North – East of Sri Lanka as well.

  • 1
    2

    thesawalamai law itself is a colonization scheme. that should be corrected first.

    • 1
      1

      JimSofty

      “thesawalamai law itself is a colonization scheme.”

      How so?

    • 0
      0

      Idiot!
      No one follow the Thesawalamai now on land issues like Kandiyans!

    • 1
      0

      Thesavalamai law doesn’t bar any Jaffna Tamil from selling his or her OWN (Thediya thEttam) land to the Sinhalese or anyone else But a Jaffna Tamil may prefer to sell his or her land to another Tamil only to keep the property value of that particular land from falling down. That has nothing to do with the Thesavalamai law. :)

      • 0
        0

        Thesawalamai talk about CASTES. If that is implemented many Islanders from Pungudutheevu or any other Theevu cannot by any land in the Jaffna main land!

        Jaffna Tamil is not mentioned in the Thesawalamai!

  • 1
    4

    After backing Terrorism for three decades , Is the LTTE proxy Sambandan now resorting to Racism?…

    Are Sambandan’s Tamils the only Landless inhabitants in Srilanka ?..

    Aren’t the landless other inhabitants , Muslims , Sinhalese and Burghers have the right to Govt Land in any part of Srilanka?..

    • 4
      0

      For the most part, Government land in the North and East is land stolen from Tamils and given to Sinhalese.

      • 0
        0

        Lot of lands in Kilinochchi are still not cultivated or not inhabited.

        Jaffna man dont like to do farming but prefer to wash the toilets of the WHITEs.

  • 0
    1

    Hon S. Sir,
    In today’s context, the “Powers that be” Pact supercedes the BC Pact. Hence it is a waste of your esteemed knowledge, words, time and energy, especially in the ‘House of Comedy’ (Parliment).

  • 1
    1

    K.A Sumanasekera

    “After backing Terrorism for three decades , Is the LTTE proxy Sambandan now resorting to Racism?…”

    Could you define racism?

    Sambandan is the product of Sinhala/Buddhist state. He must have learnt it from his Sinhala/Buddhists racists. Sinhala/Buddhists should be proud of their legacy, creating a bunch of Tamil racists.

    “Are Sambandan’s Tamils the only Landless inhabitants in Srilanka ?..”

    No my people are the landless owners of this island which is rightfully ours.

    “Aren’t the landless other inhabitants , Muslims , Sinhalese and Burghers have the right to Govt Land in any part of Srilanka?..”

    There are plenty of land elsewhere. However I do not need to remind you its our ancestral land and it should remain so in the future.

    If Tamils want land they can always find it in Tamilnadu. If Sinhalese want land there are plenty of government land in Tamilnadu. Go back to your mother country and Jayalalitha would be happy to embrace you the long lost cousins.

    How soon can you vacate?

    • 1
      2

      Dear Vedda Please ignore this Sinhala Buddhist dummies, your Vedda leader want to legalise kanja is it true….

      • 1
        0

        j.muthu

        I wouldn’t know as to the verasity of this news as I haven’t been in touch the Veddah council for a long time.

        I believe it is to do with the Ganja growers trespassing our land.

        • 0
          0

          Dear Native

          Why do your mates call it “Kanja” ??? They are obviously not up to speed with their Western Buddies … Are they ?

        • 0
          0

          Ganja is NATIVE to Lanka and India. It grows wild. But the smoking sensation was discovered by the WHITES. Ganja is still used in Ayurvedic medications and cooking as meat tenderer.

      • 0
        0

        Dear Native

        Why do your mates call it “Kanja” ??? They are obviously not up to speed with their Western Buddies … Are they ?

        • 0
          0

          Kanja, Ganja and Marijuana are one and the same in different languages!

      • 0
        0

        He probably wants to do his own transport and distribution in his new Nissan Double Cab. May be even wants to enlist Native as the Export Manager for Canada, US and Australia..

  • 0
    1

    Why SL has to put up with this dirt?

    One bullet costs less than his FREE meal in parliament paid by taxpayers.

  • 2
    1

    Sambandan is a land grabber of Tamils. What else we need to know? Further B-C pact was not implemented because of the UNP which is the ally of Sambandan.

  • 2
    2

    Tamils will not give up racism for ever…it should be answered in the same manner…In the war time, thousnds of Tamils came to Colombo and settled.sampandan racist didnt tell anything..He should have to Tamils, this is Non tanil area…When Sinhala students were cahsed ot from Jaffna university, sambandan didnt say anything…I think Sinahalese are too timid to respond these issues…Racism should be defeated by racism…No options, my dear sinhala friends…

    • 2
      1

      Tamils who settled in Colombo bought the land , they didn’t steal it like GOSL does for the benefit of Sinhalese.– Sinahala racism started the whole conflict, because Sinhalese like you think the whole island belongs soley to you.

      • 0
        0

        Idiot!
        GOSL has the right to take over the lands. You morons think that lands belong to you. Basically lands in any country can be taken over by the state!

        Uneducated people of your kind is capable of running corner stores or suruttu kadai!

        • 0
          0

          Sinkalam :

          GOSL has no right to take Tamil Land. So get it in to your Thick Head you Idiot.

  • 1
    3

    Kettikaram,

    “Ravi Perera is wrong on several counts”

    Banda came into power with the Sinhala only promise. He never had a mandate to enter into the kind of pact he entered with chelva.
    An overwhelming majority of the Sinhalese believe that this country belongs to the Sinhalese. Any pact that gives land rights of a particular area to a non Sinhalese is going to be vehemently opposed by the Sinhalese. The fact that Banda had to throw away the agreement clearly says how the Sinhalese viewed the pact.

    Now more stuff.

    “. How does Perera’s argument most villages in the East were Sinhalese stand up against the fact the lingua franca in the East has been Tamil as far we remember history.”

    Here is my detailed reply with facts and figures. I hope you counter this with facts and figures which you can present to the international community.

    There is clearly no justification for once racial group claiming proprietary , exclusive rights over the others within boundaries set artificially by the British merely because there are more members of that group over the others. If there is any validity in such contention it would follow with even greater force from the same principle, since there is and always has been within the natural borders of Sri Lanka, am overwhelming preponderance of Sinhalese, the entirety of Sri Lanka is the homeland of the Sinhalese.
    Whilst Tamils are an overwhelming majority in the North the same can not be said about the Eastern Province. Muslims and the Sinhalese together constitute about 64% of the eastern Province.
    Although the Sinhalese are about 25 % of Eastern Province, the Tamils and the Muslim settlements are largely confined to the coastal areas (Particulary in Ampara and Trincomalee) which are relatively thickly populated compared to the sparsely populated Sinhalese villages which are spread over a huge area.
    Thus of the 22 assistant government agents divisions in the Trinco and Ampara districts the Sinhalese constitute the overwhelming majority in in 10 namely, Padavi Siripura,Gomarankadawela,Kantalai, Moraweva and Seruvila in the Trincomalee district and wevgam pattu ,panama pattu and bintennepattu in Ampara district whilst the Tamils constitute majority only in Trincomalee town and Tirikkovil in Amara .
    Thus the Sinhalese constitute the overwhelming majority in about 60% of Trincomalee district and 78% of Ampara district.

    Besides you Tamils use the term Tamil speaking to bring the Muslims under you in order to swell your numbers. Muslims have a clear seperate leadership. If and when they have to choose between the Sinhalese and the Tamils , they will clearly pick the Sinhalese.

    Your accusation of colonization is like the whites in south africa (who unjustly occupy 40% of South Africa) accusing the blacks of colonization if they try to move into the so called white areas.

    In Summary

    1) Tamil and muslim settlements are on a stretch of 10 miles from the sea in the east
    2) Sinhalese villages are spread over a far wider area and are 60% of Trinco and 78% of Ampara districts
    3) Muslims can not be brought under the Tamil speaking label to swell your Tamil numbers

    Historical facts nor shear numbers justify inclusion of Eastern Province as part of the traditional Tamil homeland

  • 0
    0

    Very relevant reasoning by Ravi Perera. The Provinces were demarcated by the British according to their convenience NOT on the basis of ethnic composition. The demographic breakdown in the Eastern Province is also true. The demarcation of Provinces and the converting of lands to tea cultivation irrevocably changed Sri Lanka. Pre historic arguments of who lived where are futile.
    Interesting to see if anybody refutes this analysis by RP in the main CT page – not in the responses section.
    Responses will be just mud slinging and insults.

  • 0
    0

    Thanks Lynx for your kind feedback

  • 0
    0

    Mr.Sambanthan

    We have suffered for the last 64 long years in every respect from:

    Loss of Basic Rights
    Loss of Land which is rightfully ours due to relentless Colonisation
    Loss of Dignity.

    But I am now happy and more than confident that we have turned the corner and on our way to the promised Land. It is obvious from the comments above that we are not going to get anything from 20 million Racist headed by the Born Racist King Mahintha. But his Kingdom has crumbled and they can BARK but they cannot BITE anymore.

    The only country which can deliver us Freedom , Justice and Equality is Mother India. But we have been let down by our own folly and betrayal by the get rich quick attitude of Corrupt Indian Politicians.
    But they have been dealt a severe blow on the 9th December.

    If Congress were to win the elections after March I will accept defeat. But I am hopeful that BJP will win with the Iron Lady holding the balance of power and she is being tipped as a Foreign Minister. If that becomes a reality MR will be summoned to Chennai and not Delhi and given the Marching Orders. She is our saviour and we cannot doubt her and no doubt you found that out when you visited Chennai recently.
    I am clinging to my dear life for the next few months and so do the Tamil Nation which we call Eelam.
    Keep up the good work and roar like a Lion and we will get to the Promised Land.

  • 0
    0

    Kali,

    “Loss of Land which is rightfully ours due to relentless Colonisation”

    It is worse now. They are stealing the land right in front of your eyes while you hold and plead with your Deeds etc., Justice via the Courts is not for those from the Tamil Nation. Your own vast agricultural land and houses are forcibly and illegally given to the kith and kin of army officers while you are consigned to hovels, the open and the jungle. Justice must soon come.

    But, my friend, we must also appeal to the good sense of many Sinhalese on the other side. They are changing – not only because justice is on our side. Tamilnadu and Eelam comes into play only if the Rajapakses and the Sinhala extreme recklessly increase their genocidal intent. Let us not alienate the good Sinhalese by talking of MR being summoned to Chennai.

    The EAM, in my view, is not in JJ’s sight. Neither is any position in the Cabinet – in the event of a clear BJP victory. Her ego will be more for the Home Ministry if she wants to be part of Modiji’s team. But I think she would rather continue her “reign” from Chennai – reducing the super-corrupt Karunanidhi family to shreds.

    R. Varathan

    • 0
      0

      Varathan,

      I respect your statement and the trust you are prepared to place on the good sense of the Sinhalese. But let me tell you they are a very tiny minority and they don’t hold sway in Sinhala Lanka. For your information my best friend is Sinhalese and after the LTTE were beaten he told me now that you have lost you must listen to the majority. Frankly the Majority will not give you anything and their track record proves it and I am no longer prepared to play politics with Tamil Life any more.

      When I was in Tamil Nadu the Iron Lady was being talked of from CM to PM and if you care to read the news coming out of Tamil Nadu they have openly declared that dream. The only Nation that can give us what we want is Mother India and I am hopeful we will get what is rightfully ours to live in peace with the Sinhalese side by side as equal and not as Subjects of Mahintha who I will never accept as my leader. Not in a million years.

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