Appeal of the Diaspora delegations to the President of Sri Lanka

"The uncompromising stand of the LTTE for an independent Tamil Eelam, though unacceptable to a large number of Tamils, has to be understood as a response to the inability of the successive governments’ failure to come up with acceptable alternative solutions." Image: President With Former President in Hambantota.

(March 05, Colombo, Sri Lanka Guardian) “The most critical question confronting contemporary Sri Lanka is how the aspirations of the minorities be met. The Tamils and Muslims have been alienated from the National mainstream politics since independence at an ever-accelerating pace. The specific issues involved are well known and well documented,” a Team from Tamil Diaspora pointed out on their recent visit in Sri Lanka.

Here full text of the Statement..

23 February 2008

His Excellency Mahinda Rajapakse

The President of the Democratic Socialist Republic of Sri Lanka

Your Excellency,


We the undersigned, Sri Lankan Tamils and Muslims belong to the Diaspora Community organizations in Europe are concerned about the situation confronting the minorities in all parts of the island particularly in the Northern and Eastern Provinces. We observe with great concern the dramatic down turn in the security and human rights situation, with particular reference to non-combatants.

Political resolution:

Our meeting coincides with the government decision to find a political resolution to the long standing, Tamil agitation for devolution of powers and their peaceful coexistence with due respect and recognition. We recognize the urgent need to create conducive conditions to proceed through a path of political solution to the conflict. The government decision to fully implement the existing constitutional provision under the 13th amendment reached under the Indo-Sri Lanka Agreement in 1987 as an interim measure is welcome. We urge for its full implementation without any mitigation as an interim measure.

Minorities:


The most critical question confronting contemporary Sri Lanka is how the aspirations of the minorities be met. The Tamils and Muslims have been alienated from the National mainstream politics since independence at an ever-accelerating pace. The specific issues involved are well known and well documented. Tamil aspirations have progressed from the demand for a federal structure of governance to the demand for a separate state. Successive Sri Lankan governments paid scant attention to resolve the genuine grievances relating to the structure and system of governance, but sought to deal with symptoms rather than the causes of the problems. This has cost the country and the minorities in particular immeasurable damage in terms of life, limb, destitution, displacement, misery, destruction of social structures and economic hardship. The war waged by the LTTE has also added to the misery of the country, particularly to the Tamils and the Muslims.

Uncompromising stand of the LTTE

The uncompromising stand of the LTTE for an independent Tamil Eelam, though unacceptable to a large number of Tamils, has to be understood as a response to the inability of the successive governments’ failure to come up with acceptable alternative solutions. The rationale for the existence of the LTTE and its strength rests on this fact.

Goodwill of the government:

The underlying demand and desire of the Sinhala polity, as represented by the Sri Lankan government has been that administrative re-arrangements would suffice to resolve the problems, forgetting that these very arrangements in the past were thoughtlessly and on most occasions viciously abused to create the present situation. The Tamils irrespective of whether supporting or opposing the LTTE will not accept any arrangement that only relied on the goodwill of the Sri Lankan government. The Tamils are reluctantly compelled to doubt the intentions of the Sri Lankan governments due to the unforgettable traumatic experiences. This unfortunate fact should be understood and accepted while formulating future solutions.

Peace only through military means:


A peace accomplished through military means is unacceptable, as this would lay the foundations for future conflicts of greater intensity. A hypothetical LTTE victory leading to an independent Tamil Eelam would definitely be unacceptable and will lead to continuous bloodshed and insecurity. Similarly, a victory at the battlefields by the Sri Lankan forces and peace formulas dictated by the Sri Lankan government representing the Sinhala polity only will not be acceptable to the Tamils and the Muslims. The LTTE or its successor will be the beneficiary of this resentment, leading to the resumption of hostilities.

Solutions from the Tamil and Muslim perspectives:

It is incumbent on the government to come up with acceptable solutions to all, particularly to the Tamils and the Muslims with constitutional guarantee that take into consideration their aspirations. The ‘National Problem’ should be settled soon, in an amicable manner. The government should approach solutions from the Tamil and Muslim perspectives and not only from the Sinhala perspective, as it has been inclined for the past several decades.

The silent majority of Tamils consider themselves to be part of Sri Lanka. Solutions presented to the Tamils and Muslims should be based on irrevocable constitutional changes with power sharing at the centre and extensive and unambiguous devolution of power to the periphery, especially in the north and east.

Tamil Muslim aspirations:

Recognition of Tamils and Muslims as distinct ethnic entities in Sri Lanka.

Recognition of the areas where the Tamils and Muslims are the majority as areas of their traditional habitation.

Provision of necessary constitutional and administrative powers for the Tamils and Muslims to manage their internal affairs in areas where they are a majority.

Provision of necessary constitutional and administrative powers to the Tamils, Muslims and other minorities in Sri Lanka to meaningfully share power at the centre and be represented in government services and armed forces as equal citizens of Sri Lanka.

Refrain from state-sponsored colonization that leads to changes in existing demographics in any provinces in Sri Lanka.

Recognise the right of return of the internally and externally displaced people to their original places of residence with appropriate compensation and security.

Merit should be the only criteria for selection to the government services, armed forces and higher educational institutions.

8. The government must implement the fundamental rights provisions in the constitution without delay.

13th amendment:

It is our opinion that the 13th Amendment be implemented in full as an interim arrangement by the government. Elections to the Provincial Councils should be held only if they can be carried out in a free and fair manner, meeting international standards. The members to the Provincial Councils should be elected by the people and be their unfettered choice. This is a pre-requisite for their success.

Full implementation of the 13th Amendment will go a long way in convincing Tamils and Muslims of the government's sincerity. This should pave the way for reconciliation and not further turmoil and bloodshed. The implementation of the 13th amendment should only be an interim measure. The Tamils and Muslims should not perceive the government as trying to hoodwink them once again through this maneuver. Full implementation of the 13th amendment should only be an interim measure until a permanent solution is found.

Statutory powers to bring race equality:

It is also imperative that laws must be enacted to give public authorities a statutory duty to promote race equality in public administration including schools. The body responsible for the implementation of race equality must be conferred with quasi judicial powers to eliminate unlawful racial discrimination; and to promote equality of opportunity and good relations among different ethnic groups. Such laws will pave the way to make a civilised political, rational and democratic dialogue. Extremists have a free hand in Sri Lanka at present in the absence of such laws and they dictate the national ethos in such matters.

Human rights violations:

It is also our opinion that Human Rights of non-combatant civilians must be respected and the highest standards should be maintained in all parts of Sri Lanka. This must be monitored by an impartial, independent authority. Any violation of human rights must be fully investigated and judiciously dealt and the government must be seen acting above board on this. It is imperative that armed cadres of the LTTE surrendering to the government forces are treated according to Geneva Convention and rehabilitated.

National Reconciliation Commission:

A 'National Reconciliation Commission' with wide powers should be appointed with the following functions.

a) To oversee the process of national reconciliation at all levels and segments of society.
b) To educate the people in general on the meaning of democracy, rule-of-law and equality of people.
c) To work to eradicate the negative effects of years of false propaganda from the minds of the people.
d) To explain the after effects of the war and expose the misery of the people affected, to all the people.
e) To explore and educate the political options available, to the people, and also the political arrangements that functions successfully around the world.

Fund for the rehabilitation and reconstruction.

A fund for the rehabilitation and reconstruction of the north and east should be set-up and managed by qualified persons with unimpeachable credentials. This fund should be open to contributions from Sri Lankan government, foreign governments, international organizations, private sector and individuals and managed independently of the government with well publicized criteria and be subject to stringent accounting controls. Rehabilitation facilitating gainful employment for the war affected people and reconstruction of damaged infrastructure, in the north and east, should be the primary focus of this fund.

APRC Process:

Long term proposals to resolve the ethnic problems should be presented without any further delay by the government through a national consensus reached via the APRC process and presented to the Tamils and Muslims and the world at large, without undue delay.

Bipartisan agreement and road map:

The government must sincerely enter into agreement with the main opposition party and ensure to achieve consensus to the political solution to the conflict. A bipartisan agreement must ensure continuity of the peace process even if government changes. Areas of the conflict must ensure continuity of the process even if government changes. Areas of the conflict must be clearly identified and a step by step approach must be taken to deal with causes of the conflict and resolutions must be found within a clearly set time table.

All political parties should participate in this process, setting aside political differences. Any proposal made and changes suggested by the general public and the international community should be considered objectively. Once these proposals are finalised, it should be presented to the wider Tamil speaking community for their inputs. If the LTTE does not participate in the process sincerely or refuses to do so, the proposals should be made part of the Sri Lankan constitution and its laws and implemented with international support and participation. The Tamils and Muslims should be made active partners in the solution. This will help to push the LTTE enter the mainstream politics or marginalized.

Conclusion:

The "National Problem' cannot be resolved through military means alone. Reliance on the military option to resolve this problem will only drain Sri Lanka's meager national resources and prolong the national misery further.

(Yours faithfully; Jayadevan, S M M Bazeer, A K Vivekananthan,Mrs R Balasubramaniam, Rauf M. Cassim, S Krishnan, A Muthukumarapillai,N. Satchithananthan ,N Mohamed)