CFA, MANEL MAL AND SOVEREIGNTY OF THE COUNTRY
The so called Ceasefire Agreement (CFA) of 2002 has no meaning whatsoever now, and the campaign of the nationalistic elements against this agreement at the last presidential elections has been vindicated. It was an agreement forced on Sri Lanka by the Norwegians with the help of the other western countries, and as we have said on number of occasions it undermined the sovereignty and the territorial integrity by giving equal status to the Government of Sri Lanka and the terrorist separatist organisation the LTTE on one hand and recognising the terrorist outfit on par with the Sri Lankan armed forces on the other hand. There is no CFA in operation now, and there is no necessity to get back to this so called agreement. It was signed by the then Prime Minister Ranil Wickremesinghe without even informing the President of the country. It has to be emphasised that it is the President who is empowered with declaring war and signing ceasefire agreements with other parties. In the case of the LTTE, which is a terrorist organisation there was no need even to sign agreements, and all that was expected from the government was to defeat the terrorists.
However, it was not to be done and though Chandrika Kumaratunga was the President of the country she did not oppose the agreement as she as a pink socialist was adopting the same line as the LSSP. Thus both the SLFP under Chandrika Kumaratunga and the LSSP, not to mention the CP, did not oppose the CFA. We in the Jathika Chinthanaya School can understand this perfectly well as the LSSP in the final analysis is a party that supports cultural colonialism. In that respect it is not different from the UNP, and also the SLFP under Chandrika Kumaratunga that support western Christian cultural colonialism. The nationalists opposed the CFA at the presidential elections and it has to be reminded to all and sundry that it was mainly the nationalists, who campaigned for Mr. Mahinda Rajapakse. Most of the others paid only lip service to the candidature of Mr. Rajapakse, and he won the elections without active support of the so called socialists who did not actively take part in the campaign. It is this self same LSSP that issued a statement last week, proclaiming that JHU and the JVP campaigning against the CFA at the last presidential election paved the way for the emergence of what they call communalism in the so called South Sri Lanka. Now South has different meanings to different people, as some consider the whole of South of Anuradhapura, or even of Vavuniya, as South.
The LSSP further states that "the communal elements in the South have got an opportunity of inciting communal feelings especially amongst the forces and the schools through its Manel Mal campaign". The statement continues. "This the government must stop forthwith. This development is bound to effect the stability of the country and impede its economic development. What is more this developing situation will facilitate the intervention of the international community in the internal affairs of the country thereby threatening the sovereignty of the country." The LSSP wants the government to stop the Manel Mal campaign, on the assumption that it gave an opportunity of inciting the communal feelings. The LSSP is entitled to campaign for its, what one may call communal politics of not giving the due place for the Sinhala Buddhist culture in the country throughout most of its history. However nobody would ask the government to stop the politics of the LSSP. The National Patriotic Front has the right to engage in the Manel Mal campaign and what moral or political right the LSSP has in asking the government to stop it forthwith. It is ludicrous for the LSSP to state that the Manel Mal campaign would facilitate the intervention of the international in the internal affairs of the country thereby threatening the sovereignty of the country, when the CFA itself was the result of such intervention. The so called international community has been here for ages interfering in the internal affairs of the country, and up to date to my knowledge the LSSP has not issued a single statement referring to such intervention. Perhaps the LSSP has woken from a slumber, and is trying to get used to the surroundings.
While on the subject of sovereignty the recent judgement given by the Supreme Court on human/fundamental rights has to be commended. As long as the Sri Lankan Parliament has not ratified an agreement between even the President of the country and some representative of an international body or signing of some convention by the President or some other high official, it does not become law of the country. After all it is the function of the Parliament to enact legislature and if the Parliament need not be consulted when making laws of country then might as well do away with the Parliament than spending so much money to maintain it. The President has the executive powers but it is the Parliament that has the legislative powers. It has to be emphasised that the President and the Parliament exercise these powers on behalf of the people of the country. Even the President or the Parliament cannot take these powers from the people, and the President definitely cannot take the legislative powers of the people that they exercise through the Parliament. There is no blanket act of Parliament that makes any agreement between the President or any other person on behalf of the state and some representative of a so called international agency or a country, makes it the law of the country and it is dangerous to have an act in that form as it would give the power to an individual to make legislature of the country.
Even in the case of the Tamil problem of the country any legislature has to be made by the Parliament, and not by the Co Chairs, the Aid Group or any particular country. It may be the reason why the President is interested in having as many Members of Parliament supporting his government as it would give him the two third majority necessary to amend the Constitution. However, on certain amendments the two third majority is not sufficient and they have to be ratified by the people, the ultimate legislators at a referendum. The Supreme Court also plays a role in the process as it is that body which could decide on a referendum on certain matters.
In any event the country has given the President a mandate based on Mahinda Chinthana and the President is bound to uphold what is given in the Chinthana until a referendum is held or another mandate is sought for. The Mahinda Chinthana was supported by the nationalists, while the LSSP was not in total agreement with the Chinthana. On the other hand the President is the commander in chief of the armed forces and he has done well so far by not restricting the movements of the forces against the terrorists. It is the wish of the people that the LTTE is defeated militarily in spite of all the propaganda by the so called anti war lobby financed by the INGOs. Almost all the NGOs are INGOs, and only those NGOs such as Maranadhara Samithi that do not come under the category of INGOs. It is not only the INGOs that want to tie the hands of the armed forces but the Co Chairs, India who are already interfering with the internal affairs of the country, and some other interested parties. It appears that they work on the assumption that if the LTTE is defeated militarily then the "Sinhala Chauvinists" would take the upper hand and the "legitimate rights of the Tamils" would not be given under such circumstances.
In any event the so called legitimate rights of the Tamils have not been identified as yet, and if India can specifically spell out what these rights are it would help all those who are engaged in finding a solution to this evasive problem. Could India state those rights enjoyed by the Tamils in India that are not enjoyed by the Tamils in Sri Lanka. I can state at least two rights enjoyed by the Tamils in Sri Lanka, which are not enjoyed by the Tamils in India. In India Tamil is not an official language where as in Sri Lanka it is an official language. Further a student can read for even a postgraduate degree in Tamil in Sri Lanka, whereas Tamil is not a medium of instruction in higher education in India. Before India talks of the legitimate rights of the Tamils in Sri Lanka it is welcomed to state what those rights are. The same holds for the other countries in the Aid Group and the Co chairs, and if we are to discuss the rights enjoyed by those not belonging to the dominant culture in those countries we do not know where we would end up in respect of so called multi culturalism and pluralism.
However, this does not mean that either India or any other could interfere in the affairs of our country, and it is hoped that my request would expose all these countries in respect of the so called legitimate rights of the Tamils. What these countries including India want is depriving Sinhalathva its due place in Sri Lanka, as the LSSP does. India in spite of being the country of birth of Prince Siddhartha, who achieved enlightenment in that country, cannot be considered as a great friend of Buddhism. Shri Nehru because of his understanding of the world had a respect for Buddhism, and we know the relationship he had with Shri Ambedkar. However the later day leaders only paid lip service to Buddhism, and the relationship between Buddhism and Hinduism in that country after Hinduism came into existence around sixth century had not been that healthy.
The President after his tour appears to be under pressure to deviate from the policy of even limited operations against the terrorists, and the people have to come to the forefront now to demand that the President carry on with the good work he had been doing before he met the so called world leaders, especially those of India and USA. The LSSP that did not issue statements on Manel Mal campaign has taken up the issue at this juncture taking advantage of the current situation. Mr. Mahinda Rajapakse is the President of a sovereign state and has no necessity to bow down to pressure from big or insignificant powers.
Professor Nalin de Silva
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