Is the TNA-India-Federalists planning to deliver ISGA through Sri Lanka’s new Constitution?
Sri Lanka already has a federal constitution following the 13th amendment. The provincial council system was introduced with arm-twisting by India. The TNA-controlled Northern Provincial Council already has 36 subjects devolved to it except land and police powers. So what is the TNA-India and federalists really demanding? Is the real plan to slyly insert elements of the ISGA (Interim Self Governing Authority) into Sri Lanka’s new constitution?The relevance of the ISGA comes in the commissioning of Shiva Pasupathy by TNA NPC Chief Minsiter Wignewaran to advise on constitutional reforms. Pasupathy (now 87years) was the former Attorney General of Sri Lanka who went on to become LTTE’s constitutional advisor. It was Pasupathy who heldp draft the ISGA proposals for the LTTE which envisaged a virtually independent ‘Tamil Eelam’. Coincidentally it was also Pasupathy who helped draft the 1978 Constitution as well.
It is imperative that we now bring to the open all the agreements, discussions and proposals of the past. These will provide clues to what the new proposals by those drafting the new constitution will aim to achieve.
Lets also not forget that the Ranil Wickremasinghe 2002 cease fire agreement allowed LTTE to control territory in the North & East that it controlled at the time of the agreement.
The GOSL was thrown a carrot of USD$4.5billion for its acceptance of the ISGA. It was however a loan package to be paid back with interest.
The ISGA was to comprise members of the LTTE (Tamil), members of the Muslim community in the N-E, members of the GOSL (Sinhalese representation left out). ISGA would have an Executive (virtual head of state),
What are the ISGA proposals by the LTTE on 31 Oct 2003 during the ceasefire.
Claiming to drop their demand for an independent Tamil Eelam they were demanding the same ‘eelam independence’ by another name! That the ISGA proposals specifically thanked Norwegian government which shows the role Norway played in helping draft the document. LTTE also mentions that it is mandated to make these proposals from the Vaddukoddai resolution.
- To create 8 districts in the North & East provinces
- LTTE would have absolute majority in the ISGA (replace LTTE with TNA)
- ISGA will have powers that cover resettlement, rehabilitation, reconstruction, development, raising revenue, imposing taxes, levies, duties. TNA will cite example of Australia where federal state governments have powers to raise indirect taxes via stamp duty, levy, motor vehicle registrations and land taxes. The Neelan-Peiris proposals of 1995 also included provisions.
- ISGA will control law & order (to have its own police force – LTTE did have its own police force, its own judiciary, its own law college and its own banking and currency & coins), The TNA will quote from the Bougainville Peace Agreement signed between Papua New Guinea Government & Bougainville rebels that established a police force in the conflict region as an example. TNA will also cite the agreement between Palestinians and Israelis that allowed a local police force in the Palestinian area. The GL-Neelan proposals of 1995 also featured a separate police force. GLP may like to explain further now that he has turned coat.
- ISGA will control land in north-east. Once again TNA will cite the Bougainville agreement and the Sudanese agreement and GLP will need to once again explain why he and Neelan included such provisions in their 1995 proposals.
- ISGA will control all expenditure in the north-east
- ISGA will have powers to borrow internally and externally, to provide guarantees and indemnities, receive aid directly, engage in or regulate internal and external trade
- ISGA will direct and control all administrative structures and personnel in the north-east
- ISAL will have power to alienate and determine use of land in north-east
- GOSL must vacate all lands occupied by the armed forces and compensate
- ISGA will resettle and rehabilitate displaced civilians and refugees
- ISGA will control marine and offshore resources of adjacent seas and regulate access to it
- ISGA will control natural resources in north-east. All monies due under existing agreements must be paid by the GOSL to ISGA.
- ISGA will appoint independent election commission to conduct elections.
- ISGA will provide people of north-east all rights under international human rights law.
- ISGA will have an independent human rights commission and liaise with international human rights bodies
- ISGA will not give any religion foremost place in north-east.
- ISGA promises no discrimination on grounds of religion, race, caste, national or regional origin, age or gender in north-east.
Can anybody reading above say that these proposals have nothing to do with separating or obtaining independence for every line gives sole authority in a virtual separate state which is eelam without the name being used.
How the world reacted to LTTE’s proposals in 2003
- “the first time I have seen such a comprehensive delineation of the aspirations of the LTTE…it is significant” (Richard Armitage – US Deputy Secretary of State) www.island.lk Though America welcomed LTTE ISGA proposals Armitage however emphasized that it went beyond the Oslo & Tokyo Declarations.
- “important step forward in the peace process” – EU Colombo Head of Mission
- “The ISGA proposal..bears historical importance in the political history of Tamils in the island. The ISGA provides a base to find a permanent political solution to the Tamil national question”. TNA leader R Sampanthan & Opposition leader
- “it will never be a party to robbing the people of Sri Lanka of their sovereignty” (Sri Lanka Freedom Party)
- Proposals contain all powers required for a separate state in the island (JVP)
- The Sihala Urumaya appealed to the UNF government to terminate the peace talks with the LTTE on the basis of the contents of the proposals which the party said would lead to the formation of a separate state.
- Retired Col. Hariharan www.southasiaanalysis.
org expressing India’s concerns over ISGA proposals would mean that LTTE/TNA would control Indian business deals (IOC in Trinco), LTTE/TNA would control territorial waters stretching almost 500 nautical miles, Indian Navy would have to deal with LTTE/TNA sea tigers rather than Sri Lanka Navy and Indian shipping/fishing would be subjected to sea tiger jurisdiction, - UNF would back the government fully if it began peace talks with the LTTE based on the ISGA proposals (UNF MP Dr. Rajitha Senaratne)
- The ‘peace doves’ – Jehan Perera comments “With its proposals for an Interim Self Governing Authority, the LTTE has given concrete form to its expectations in a manner that is essentially compatible with peaceful coexistence in a united Sri Lanka.” (2003)
- TULF leader V. Anandasangaree has urged the LTTE to drop its ISGA demand as it wouldn’t be acceptable to most of the people including Tamils www.island.lk
- Late Foreign Minister Kadiragamar during a speech at Brookings Institute Washington said the LTTE’s ISGA proposal would pave the way for a separate state. Chandrika removed him from peace talks with LTTE.
What is noteworthy is that the ISGA proposals were put forward on 31 October 2003 and on 4 November 2003 while PM Ranil W was out of the country, President Chandrika suspended Parliament and took control of the ministries of defense, interior and information and ordered troops to key installations. She declared a state of emergency on 5th November and on 7th February 2004 dissolved Parliament and called for elections which the SLFP-JVP alliance won.
What is also noteworthy is that the Centre for Policy Alternatives (CPA) organized a seminar on 7 November 2003 on the ISGA and R Sampanthan spoke on behalf of the TNA. The same CPA is working overboard on the new constitution!
Same players that promoted separatism are now involved in the same game but under a different name and the fools who are napping without picking up the clues will get caught. Their napping however will cost an island nation their sovereignty and lead to immeasurable catastrophes for the people in the future!
What exactly is itching the TNA, Chief Minister Wigneswaran and the LTTE supporters as well as stake holders like India, the Church, Norway et al?
They want federalism – they already have it
They want devolution – they have that too. Except for land and police powers all 36 subjects under the 13th amendment have been devolved to the provincial councils.
They want to have federalism, devolution in a unite Sri Lanka – well they have that too.
Obviously they are not being honest and upfront about what their real plans are. The politicians are not being upfront either. They are not elected to Parliament to compete with each other on who is willing to give a bigger piece of Sri Lanka for separatists to cut and win some sort of Nobel prize for it. The people are beginning to realize that much of the woes suffered by the nation today has been directly due to the petty politics that politicians have played with no sense of nationalism or patriotism to their nation. We are an island nation. We are a small nation. We do not need separation of powers along the lines of nations that can’t rule them because they are too large. We are not a haven for new notions and political experiments simply to get a pat on the back for appeasement by forces dangling carrots because they have comprehended the psyche of our politicians. This shameful practice needs to stop and proper leadership needs to take place. Public officials, advisors and consultants also need to buckle up and function more than ‘yes’ men/women.
The country is now in a very pitiful state primarily because greed for power has overtaken one’s ability to think straight.
Shenali D Waduge
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