By C.V. Wigneswaran –

Justice C.V. Wigneswaran

Why aren’t the Tamil Parties of the North and East asking for the full implementation of the 13^th Amendment and consequently insisting on the holding of the Provincial Council Elections at least in the North and East immediately?

Many reasons stand in the way.

Firstly each Party thinks selfishly that any solution to the Tamil Problem must be placed before the Government or any World Body under their insistence or sponsorship. In other words internal rivalry among the Tamil Parties have been the bane of the progress of the Tamils. Even though all Tamil Parties are supporting some form of federalism they are unable to “unite” in their endeavours owing to their personal rivalry.

Secondly some Parties have forgotten that Prabakaran dismissing the 13^th Amendment is different from their dismissing it. Prabakaran was strong and had the ability to insist on the dismissal of the 13^th Amendment.

He could speak of full and complete self-determination for the North and East because he had the military power to back his statement. In fact both J.R and Chandrika offered Chief Ministership for a guaranteed period to Prabakaran but the latter sneeringly just dismissed the idea in favour of full external self-determination for the North and East.

But those Parties who now echo indirectly the view point of Prabakaran do not realise that the LTTE is no more in existence. They forget that the resurrection of the LTTE is a far fetched dream. Merely voicing a sentiment that had some meaning when the LTTE was in existence is no more a valid proposition. We need to think anew taking into consideration the existing state of affairs.

What are they?

1. Most Sinhalese leaders are wanting to do away with the 13^th Would talking of federalism to those who are opposed to the 13^th Amendment which is an apology for power sharing, be of any use? What guarantee is there that the Sinhala Parties would not dangle a federal constitution, get rid of the 13^th Amendment and leave the Tamils sans Federalism and sans 13^th Amendment?

2. The North and Eastern Tamils may feel they are entitled to self-determination in terms of the UN CCPR. But how would they obtain it from a recalcitrant Sinhala leadership which has all the constitutional power over the North and East?

3. If the we have decided to go to International Fora and file action against the Sri Lankan Government, then have we done so yet? Even if we are thinking of taking our matter to the International Fora, till they determine the matter what of the people of the North and East? Sinhala and Buddhist infiltration in all forms is the order of the day? Therefore should we not be pragmatic and strategic in our decisions?

Thirdly many Tamil Parties think since they have certain “paper” rights, articulation of such “paper” rights would bring them relief. Would talking of our rights bring relief? The Upcountry Tamils are a good example of how they strategically step by step increased their influence and rights from the time of Independence. But they used their Trade Union power to progress from a position of servility to what they are today.

What power do the Northern and Eastern Tamils have today? Nothing! Of course we have Disunity among our Parties, continuous Sinhala Buddhist infiltration into the North and East, disregard by successive governments towards the existing provisions in our Constitution which might have some semblance of rights for the Tamil speaking people of the North and East coupled with the absence of the LTTE or any other Military Force to back up what we demand. All these have made us a pathetic community of people.

Therefore the need of the hour is a new thinking based on our existing situation. We must stop thinking that our Party and we as leaders of those Parties will last forever. It is not our leadership or our party’s leadership that the people of the North and East want. They want an amelioration of their day to day problems. A betterment to their current existence. Therefore realizing the comparatively short time that the leaders of Tamil Parties have, they must come together for the sake of our people.

Next they must stop thinking the way they thought all these years. They must realise that the North – Eastern Tamils are powerless and have none to back them today.

Next they must begin to think strategically. Strategic thinking means to realise your existing situation, be aware of the problems you face thereby, understand your power, influence and ability and decide how best to solve the problems you face.

Let us for a moment strategically think on behalf of the Northern and Eastern Tamil speaking people –

1. Existing Situation – Powerless; Dependent on the Central Government; Successive governments and the majority community are definitely overtly and covertly infiltrating into our Provinces. In every way the hand of the Central Government remains powerful and supreme.

2. The problems we face thereby are (a) We are not arbiters of our destiny. (b) Daily infiltration takes away our grip on our own land and environment (c) Expropriation of our resources takes place while we look on helplessly.

3. What legal and constitutional power do we have? Almost nothing. Except that there is the 13^th Amendment which on paper gives us inadequate powers and influence. We could decide to forge ahead by making use of those provisions in the 13^th Talking about Federalism will not bring any benefits. But while we propose Federalism as a permanent solution we could take charge of a Provincial Council under the 13^th Amendment and strengthen it day by day and try to reach a better environment step by step. The Sinhalese cannot prevent us doing so since the 13^th Amendment was the result of the Indo Sri Lankan Accord of 1987 and if all the Tamil Parties insist on the holding of the Provincial Council Elections under the 13^th Amendment, Sri Lankan Government would have to agree. India’s insistence might help in this direction.

How do we set about it strategically?

Tamil Parties could decide that Provincial Council Elections in the North and East be held immediately and their decision could be conveyed to the Government. As soon as the Elections are held and Provincial Council are elected, the statutes for the Northern and Eastern Provinces could be enacted and passed and the Province could be strengthened thereby. Our financial inadequacies could be discussed with the Government in power. India could help in this direction.

I agree with you that the insistence of the holding of the Provincial Council Elections in the North and East is the only way by which some form of immediate relief could be ensured for the people of the North and East. A permanent solution could wait until we are regionally strong.