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Debate On ‘Para Dhemalā,’ Ethnic ‘Purity’ And Caste Ideology

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Laksiri Fernando

Dr. Laksiri Fernando

When I read Charles Sarvan’s first article “Para Dhemalā,” I didn’t see anything objectionable although I sensed perhaps he was not interpreting Michael Roberts’ views on the subject correctly and also I couldn’t agree with his last paragraph which paraphrased Paul Caspersz saying “if one insists on the label “Indian Tamils,” then one should also speak of “Indian Sinhalese.” The paragraph was simply inaccurate. Otherwise there was much meaning and substance to what Sarvan said about ethnic discrimination and caste ideology.

When I was growing up at Moratuwa, almost at the center of the town, I cannot recollect anybody using the term ‘para demala’ even during the cataclysmic communal riots against the Tamils in 1958. Perhaps I didn’t hear them. I had several Tamil friends at St. Sebastian’s College, where I was initially studying, but even there it was not used to my knowledge. But ‘paraya’ was often used not so much at school but in the area where I lived and it was used as a derogatory term in anger or to spite someone who is not liked by you. It also had the connotation that ‘the other’ is inferior.

But even in our school books I believe the terms ‘para desin’ and ‘parangi’ were there and our teachers explained the meanings respectively as ‘foreign’ and ‘Portuguese’ also emphasizing they are not neutral but pejorative terms. In our area, (Sinhalese) people believed that there were two classes of Tamils, those who were called ‘Jaffna Tamils’ and the others, the ‘Indian Tamils.’ Some considered the first group as more or less equal, but not at all the second. But the majority considered both as ‘alien’ and also ‘inferior.’

Having read EW Adikaram’s “A Communalist is a Psychopath” (Jativadiya Manasika Pisseki) as an early teenager, the distinction or the discrimination worried or puzzled me. My effort is not to say that I have been free from any ethnic prejudice. On the contrary, I wish to admit that as a person brought up and socialized within a particular social context, I may have certain prejudices or biases unconsciously. But in my conscious life, I try my best to be free from biases or prejudices while at the same time not rejecting my given ethnic identity.

But the reason to write this rejoinder is not the above. With all respect to Roberts, I believe that there is something extremely significant in what Sarvan has pointed out in his initial article. That is the connection between ‘ethnic conception and caste ideology.’ This is not the first time I have said this. The following is what Sarvan has said.

“The context in which the word para was used, both at boarding-school, in Colombo and elsewhere; the accompanying tone of voice and facial expression, all indicated contempt, dismissal and rejection. Para was linked to Parayā (low caste) and that sufficed to convey meaning to me.”

What he relates is a personal experience, but what is significant to me is what he says as “the accompanying tone of voice and facial expression, all indicated contempt, dismissal and rejection.”

Where does this come from? My conjecture is that it comes from the age old caste-ideology with the accompanied conceptions of ‘purity’ and ‘pollution.’ This caste-ideology manifests among the majority Sinhalese in one way and among the Tamils in another. I am not saying that both are the same in practical terms, one discriminating the other on equal terms, but the ideological roots are more or less the same while there are other root causes as well.

Have I encountered the ‘contempt, dismissal and rejection’ as a so-called Sinhalese? Yes, something closer to that at least once and seen a similar behavior another time. But if I recollect the way the Sinhalese treat the Tamils or the Muslims, then it is almost uncountable. The different experience may be due to me being a ‘Sinhalese’ and moving primarily among the Sinhalese.

Among the Sinhalese, the influencing ideology remains as a ‘superior caste’ which attempts to subjugate a perceived ‘inferior caste.’ It claims ‘purity’ as a ‘chosen people’ by combining ethnicity with religion (Sinhala Buddhism) and attempts by and large to purge the ‘pollution’ through attempted ethnic cleansing of both the Tamils and the Muslims or even the Sinhalese Christians as outcaste.

Among the Tamils, the influencing ideology remains as a ‘distinct group’ also trying to claim a similar ‘superior status’ aligning with the brethren across the Palk-Strait. It also claims ‘purity’ and attempts to purge ‘pollution’ by cleansing whoever perceived as polluting its purity.

I am not saying, the caste or ‘caste-like’ ideology is the only ideological current among the Sinhalese or the Tamils. But often it becomes dominant and distorts ideological landscape or political thinking of the country. We sometimes patronize ourselves by saying or thinking that the caste system is dead and gone in Sri Lanka. But that is not simply the case. The caste ideology is well and kicking. Those who are most communal minded are probably the ones who are most caste minded.

I was recently writing an essay on human rights and the 1978 constitution and wondered why it is so much difficult for the todays Sri Lankans to accept universal human rights. My observation after some contemplation was that because they are (perhaps unconsciously) strongly caste minded. There is a perennial difficulty for many Sri Lankans to grasp and accept the concept of equality due to caste ideology. This may possibly change with the new generations. But that is not the case yet.

The dilemma that Sri Lanka faces in this connection is a historical one, connected with the state and ethnic formation. Let me quote only one paragraph from what I wrote in 2000 (Human Rights, States and Politics: Burma, Cambodia and Sri Lanka):

“It is interesting to examine how the successive migrant communities from India, or other countries in the region, were absorbed into the society after the establishment of the Sinhalese ethnic state. Except in the case of Kshatriya or royal blood, it is evident that others were absorbed at the bottom of the caste hierarchy. At a very early stage of migration, those who came from Madhura in South India were absorbed as the service castes, who were supposed to function as artisans, craftsman, and manual laborers. The origins of several other so-called low castes in the country, e.g. fisherman and cinnamon peelers, can also be traced to the people who came from South India at a later date. What we can see here is a convergence between the ethnic divide and the caste divide.” (p. 59).

During 2002, when I was conducting some field research in the interior of the Kalutara District, I came across a caste called Demala Gaththera. Gaththera caste is one of the oppressed castes in the country, popularly believed a ‘low caste.’ The story was that when some Tamil migrants came to live in the area for some reason, during the early nineteenth century, they were called Demala Gaththera.

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Torture And Trauma In Sri Lanka

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Rajat Mitra

Dr. Rajat Mitra

Review of Narrative of Justice: told through stories of torture victims, 400 cases of torture from Sri Lanka, By Basil Fernando, published in 2013 by the Asian Human Rights Commission.

My first impression was that I was overwhelmed because of the sheer number of cases and the diversity of the ways in which people were tortured. What started sinking into me was the question, “What has happened as a result of all this? Has society taken notice of it?” How can people possibly stay indifferent after reading this?

Let this book sink into the consciousness of the people. Let people start talking about it. And as they start talking about it, they will find difficulty accepting that this happened in their midst. This is not something they can erase by saying it happened in the past. It is something which is very much there and will continue as a transgenerational trauma for the people.

These narratives of trauma will seriously affect the fabric of society even 50 years from now and affect how people become immune to happenings around them; until and unless there is accountability and people decide to act.

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It has been seen that until and unless we start accounting for trauma happening in our midst, it starts affecting every trade, every core, every part of society in different ways, and becomes a part of society like a cancer or virus and grow and grow. And until and unless people are made accountable – and I don’t mean accountable in the legal sense, I mean accountable in the moral sense, accountable in the sense of accepting it – it would be very difficult to call Sri Lanka a mature society at any time in the near future. If we see societies, in their growth and their evolution, they come to a point when they have to take accountability for their wrongs before they can become mature. We see that for any society to call itself a developed or mature society, at some point they have to account for the wrongs they have closed their eyes to. For example, America had to deal with the issues of slavery and the Vietnam War before they could cross over to the next phase.

To me, what I am reading in this book is appalling, it is abhorrent. I am an Indian, but when I see that this has happened right across from me, it makes me feel, ‘My God, how can we stay indifferent to it?’

The maturity of a society is a very important issue. What you find when you read through these cases is that the events relating to which such serious acts of torture have been done are trivialities. Somebody loses some small thing and then a person is brought to the police station. Without even asking them a single question, that person is tortured. Sometimes they are beaten, hung on a beam and, in recent cases, chili is put on their private parts and eyes. These acts are done by average law enforcement officers. Looking at this treatment from the point of view of a human being, we understand that there is something radically wrong. They do not seem to feel critical, they do not ask, ‘Should I do this kind of thing?’ Nobody seems to be asking that question.

We are not seeing something new. The only thing about this book is that it has recorded something that has been going on for a long time, virtually since a policing system was established. In the modern sense, a policing system comes into being in Sri Lanka only with the British. They celebrated their 146thth anniversary for the formal start of the policing system recently. Ever since that time, there has been a big contradiction involved. On the one hand, this is the way through which you introduce the idea of justice; if a murder takes place, there should be justice in court. Justice meaning justice for the victim, and also justice for the accused. On the other hand, at that very same point, law enforcement agencies began to do very stupid things and seriously affected the legal process. This has gone on for so long.

The fact is that, at the moment, people are immune, and not necessarily due to fear. Fear may play a part due to insurgencies in recent times, but police torture did not begin with insurgencies. Endemic police torture began much earlier.

When the book was published, we were not revealing anything that anybody didn’t know. The book puts in print form what many people haven noted. They may not have noted it in detail because people tend not to look at some issues, so the book gives an enormous amount of details.

The book is, first of all, a collective. When you read an individual torture case, the human mind brushes it aside. It is very difficult to stay with it. The next thing we do is deny its significance. We say, ‘Oh, it was an individual case,’ or we somehow rationalize that the person deserved it. This book puts cases together, which makes many people say, ‘All these people who were tortured, they did not deserve it.’ There are so many cases, so many – I was trying to see why they were tortured; it seemed to be for trivial reasons, it didn’t make sense. They could have used simple questions. ‘Did you do this?’ ‘Did this happen?’ People are tortured about the most trivial, most inane things.

A book like this makes it very difficult for people to discount and dismiss torture. Torture rests on the denial of society. I would say that the more we have thicker, fatter book, the more we have collectives, the more it will shake the conscience of people because you sometimes need a big impact in order to shake people up. Individual cases, five cases or ten cases do not do that; but if you have five hundred cases, one thousand cases, then it shakes you up. Simply speaking, it makes you ask, ‘What is happening in our society?’

Even the most pessimistic person would say that at least 90% of the people in these cases did not do anything close to deserving this treatment. The most common reason I have seen for the acceptance of torture is the belief that the tortured person was probably a thief or a terrorist, or in some other way somehow deserved it.

This kind of a book cuts across that whole argument without explicitly saying so.

Another issue is the overall effect on society from the behaviour of the police. Here you have a seriously disturbed police/society relationship. To my understanding, it is not something that is going to go away, because it has been established on a mass level.

In societies that have such a mass level of torture by the police, there is a serious rupture in the law enforcement and in the concepts of justice and society, because most people only see justice through the prism of the police.

If I look at police torture behaviorally, one of the things I notice is that when policemen torture regularly it becomes a part of them and even when they are just talking, even in inane conversations, there is some aspect of torture coming through.

When I was asked by the courts in India to do interviews in prisons and detention centers, I would often have the following experience: I would be interviewing and making some progress. A police officer would enter the room just to find out what was happening and I would say we were talking. (Whether it was a suspect or a witness, it was immaterial.)  He would say something to the effect of, “Oh, they haven’t told you everything yet?” and he would go and slap them hard. It would happen right in front of me and I became quite particular about sitting in such a way that I was blocking the door so that they wouldn’t be able to go to the person straight away. They would move so fast after asking whether the witness or suspect had told me everything.

This interaction would be about several things: the person has wasted my time, police time, and he has no right to do so; and a slap or a hit is something that is very natural, so why shouldn’t I? This officer, not someone who has been involved in the interrogation or investigation, would think that because he has slapped the person I was interviewing, that person would tell me everything. And since I can’t and won’t slap – I was known to the police as a gentleman talker, they would laugh about it –  this would somehow be the last straw that would make the person talk.

And then the officer would immediately turn back into themselves, and they would say, “Dr. Mithra, why don’t we go and have a cup of tea? I have given them something to think about.” He would turn to the person and say, “We are coming back in five minutes and I am going to show you what I can do.”

It would ruin everything. Whether the interviewed person is innocent or guilty, no person deserves to be slapped or talked to like that. It has become a part of these police officers. Slapping has become a very routine thing for them. They cannot talk without slapping.

The same thing happens to policemen who have had no formal training, who are corrupt, and where the system for the rule of law has completely fallen apart. There is no notion of what they are supposed to do with a suspect or a victim, except that they need to use brute force in order to get at whatever they want; and they seldom want the truth. People who search for the truth know that violence is divorced from truth. Violence and truth never go together. With these policemen, violence has become an integral part of them.

These people, when they are called up – if a cycle has been lost or something similar – automatically start with violence. That is a sign of a sick police force and its sick relationship with society.

Any sane society needs to look at it very seriously. The situation is comparable to India and Pakistan, where the police is also very sick.

What we see from the police is a very mechanical and reflexive reaction to suspects and how they should be dealt with.

It is possible to deduce some things from the behavior of a policeman who assaults interviewees, as mentioned above. Firstly, it is clear that he is not a thinking being. He is not observing anything. A rational person who wants to know what is happening would ask how it is going, would ask if he could talk to me privately. These officers would do none of that. They would just walk in and slap. It is a person who is not a thinking being, who has no value for truth, and who is not compassionate at all. Interestingly, when I would talk to them about compassion, they would say that a policeman should not be compassionate. I would say that you can be tough and yet compassionate.

What we are seeing is a model. A model has been inbuilt into these people with certain ideals. An ideal, for example, of not being compassionate. ‘If I am to achieve anything, I should not be compassionate. I should be tough, physically tough.’ It’s a kind of model within which thinking has no place.

Thinking has been replaced with violence. There is no place for thinking, exploring, finding out. I think that the police force should be able to think clearly. It scares me because, for police who cannot think clearly, the only recourse left to them is violence and to go about things in a tragic way.

The second issue is compassion and it is very interesting that, in many interviews with suspects, they disclose information only if someone is talking to them compassionately. It doesn’t mean condoning anything. I have to be tough and go about finding information, but I can understand why they may have done something, how they may have been brought up. Many people share more when they speak to someone who they think respects them. Police officers, particularly the ones in charge of interrogation, may do well to learn this principle. Then torture would go down significantly and they would be much better at solving their cases.

Training

The above idea of teaching interview skills is, of course, in line with our ideals; the ideals of rationality. However, if we try to understand what has happened to create a situation like this, some other problems come to mind. Although we say that, from the point of view of proper training, there have been no interview and other skills taught, there has actually been a kind of training going on. It is a training that is based on officers from the earlier generation; when a young man comes to work, he is trained like an apprentice. On the job training.

They are brainwashed and conditioned into accepting certain ideals, which should be brought to the surface more. They believe that when they are dealing with criminals, they need to give up the idea that violence is bad. In this particular job, they tell themselves, violence is valid. There is a big contradiction in their whole philosophy. The law enforcement officer is supposed to eliminate violence in the whole of society. But they have an idea that that can be done only through violence.

What is the cultural model here? We are not dealing with abnormal people or anything like that. We are dealing conditioned people who have gone through a long period of training – a different kind of training, true – but with different kinds of ideals.

The training in the South Asian context has primarily been about law and order. It has never been about investigation. The police have neither been taught nor know that their goal is supposed to be to value truth. The younger officer always learns about torture from his senior officer. He sees that the only thing that can save his skin is a confession. It doesn’t matter whether the person confessing has done anything or not, they just want the confession.

There is a formula that is used in investigations. Fa + L = C, where Fa, ‘force of assertion’ plus L, ‘leverage’, equals a confession. In that, the more force the officer applies onto a person, the more likely that the officer will get a confession for himself. And the officer learns that this is how he can do well at his job, how he can excel, so he feels he needs that confession at any cost. Truth is actually the biggest casualty and nobody bothers about that.

Once they have the confession they have to move onto another case, but the goal is just that, the confession. The role model for that officer is the senior police officer. You can see that the senior police officer has been trained by his senior officer and, if you asked them, they would say that nowhere along the way has anybody taught them the rules of scientific investigation or about how to conduct interviews and interrogations. These things are not known to us in the South Asian context. I have observed training sessions in several police academies and when I asked the trainees and officers which model they use for investigation, they would say, ‘What models are you talking about?’ There are well established models that are used by other police forces but they are not used much in South Asia.

For example, there is a model called the Reid model. It is a seven stage process where you lead a suspect through different stages to see whether they have done it or not, and at the end the closest you can come to is ‘yes, there is a possibility that he may have done it.’ You leave it there because you know that there is a possibility that you may be wrong. This is an area that is highly subjective, emotions are very volatile, and where your bias can affect you. What you see from this book is that there is nothing remotely like this used when dealing with suspects – or rather, in dealing with any person who is called to the police station. What they actually do is completely crude and, in a way, inhuman and barbaric. What scares me is that these officers are actually bigger criminals than the criminals outside. So are people going to say that they are managing their society with these people? Because someone whose thinking is warped can’t solve problems, someone who has no compassion for people should not be doing such an important job. How can a sane society be expected to have a police force like this? That is the question.

What this book does is to provide a considerable amount of evidence on a cultural model.

It establishes how normative it is, how deeply it has gone in, and it completely ridicules the idea that torture is linked with terrorism, ethnic violence or any other serious issue from which society faces danger. I mean, does society face a danger from someone who is suspected of stealing a bicycle? It is ridiculous. If you are taking torture to that level, it completely debunks this idea that torture is essential for maintaining society, for protecting it from terror or anything like that.

This is plain inhuman violence that they are doing to their own people.

The title of this book is Narrative of Justice. It is essentially a narrative of the absence of justice in the process of investigating crime. If we take it deeper, in the cultural model, something further gets revealed. In most of the cases, people are taken in for trivial matters. But then what we find is that, when it comes to serious crimes, these very same people don’t use the same method. There is almost an indifference to dealing with crime. Taking two examples from Sri Lanka: A DIG of police has now been arrested because he took three million rupees to kill a businessman, who had taken some 30 million rupees from another businessman. That businessman hired a policeman to assassinate the other. Another example: there was another case where one politician, along with a gang of drug addicts, shot at a group of people, including a prominent politician, and five people died. He is still a Member of Parliament.

In both serious criminal cases, nobody used violence on them.

The police keep a certain façade of doing some activities, filing cases, getting some confessions, and then putting them on paper. Whether, after three or four years, someone is acquitted etc., nobody is bothered. In virtually all these 400 cases, there are no trials. They don’t go that far. They aren’t bothered. They have to pass through the moment when there is a report of a crime. Some reports have to be filed about it so they get their promotion and they can remain in their job. If they don’t, they get into trouble. Within this cultural model, justice seems to be completely absent, and that is more shocking.

Torture is most often not used in serious crimes; rather, it is used for when someone is suspected of a petty crime. For serious crimes, crimes of mass violence or political crimes, the police hold off until and unless they feel that they have sufficient backing in case things go wrong. They tread carefully in those cases. When it comes to small crimes, most police officers are much more bothered about the numbers. They always say that there should only be a small number of crimes in their area – and by crimes they mean petty crimes. That is something that they think they can reduce by creating a climate of fear.

One of the most common things they say in India is, ‘They are no longer scared of us.’ They confessed and lamented about that to me when I was working there. ‘People are no longer scared of us.’ Making people scared of them has been the most dominant tool in their hands, and the more they use that indiscriminately, the more they are successful police officers in their own eyes.

It is partly about the numbers. The more they do it to a larger number of people, the more that they are successful police officers in their own eyes. Their self-image is much better if they have done it to a larger number of people.

In a police officer’s thinking, it would go like this: today, if I have slapped 10 boys, then I have done my job. But if I say that I have slapped one person who is involved in political crimes, then that doesn’t fit very well. So how many people have I slapped, how many people have I beaten, how many people have I put fear into? This is one of the primary ways a police officer actually retains their self-esteem in our countries. The number here matters a great deal.

We are dealing with something very serious. Something very deep, culturally; even the model of how police measure themselves. However they were beforehand, once they enter this work and become integrated into the system, their own self-image undergoes a transformation.

They have to slap, beat, torture people in order to be good at their job, and this is the way they to be a successful police officer. This is what is told to the new people who join by their seniors.

It is a police force who cannot actually be part of a sane society in any way. They cannot talk without violence; they cannot talk without slapping or hitting. A police force that cannot talk properly is a very sick police force.

What we are actually confronted by in this book and other evidence is the need for a complete shift of orientation in the policing system. In other words, it is not about crime investigation that you have to first agree on. First they must ask, ‘What is this for? What are the social objectives this serves?’ When those objectives are changed, then new kinds of models develop, people are trained and people operate within that model.

But we have created a certain model years ago, maybe by accident. Maybe they couldn’t run a system – when these systems were introduced by the British, they were a colonizing power and they had limited resources, and their own thinking was limited in their own countries, where there wasn’t policing as it is today. We should approach this problem by searching for what the cultural model is here and why, rather than to find a few patches of this or that solution. What is first needed is a societal discussion.

In India, there are two kinds of police stations. Some are old police stations, and some are the new ones coming up. How do you separate the two? The old ones only have police barracks. Why? Because during the British times, colonial times, and after, it was felt that it was best to separate the police from the local people as much as possible. If they were closer to the local people, they would be more compassionate. That was not allowed. Changing that idea in India has been a very tough issue. We still have some who say, ‘No, it should be separate, they should not be allowed to meet.’ Even today, some think that police are not supposed to mix and deal with people except for the purposes of spying and collecting information. They are not really supposed to try to understand because that is supposed to make you very subjective and very weak inside. You have a situation in the whole of South Asia in which there is a very deep rooted malady, where the police force is trained to produce only fear and psychosis in the population. That is what needs to be attacked in order to create a sane society. The longer it remains, the longer society remains unable to heal.

This book goes further than the police and goes into insights into the overall society. There are things that, in the modern sense, would be called ‘insanity’ and we somehow pretend to accept them, pretend not to notice, and we carry on. There is something sick and deep, and this can be the beginnings of a discussion with this kind of evidence placed in front of people. This requires very serious thinking about the society itself.

When the police is unable to discharge its functions, the society is one step closer to cracking down again, closer to anarchy, tribalism, baying for the blood of people, like what you see happening in Dehli recently with all the mass demonstrations taking place. Nobody trusts the police; everybody sees them as corrupt.

*Dr. Rajat Mitra is an internationally reputed Indian Psychologist

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Sri Lanka Never Understands Sane Advices

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Veluppillai Thangavelu

Veluppillai Thangavelu

Shivshankar Menon, National Security Adviser of India, visited Colombo from 8 – 9 July, 2013 to participate in the 2nd NSA-Level Meeting on Trilateral Cooperation on Maritime Security between India, Sri Lanka and the Maldives.

Although security conference was the main purpose of Shivshankar’s visit, he also took the opportunity to convey India’s concerns about attempts made by the Sri Lankan government to dilute 13 A by robbing provincial councils powers over land and police. 13A came about through the Indo-Lanka accord in 1987. India is insisting that the 13A was part of a joint agreement and any changes being made should be first discussed by both countries.

At present, Provincial Councils have certain powers over State land. Under paragraph 1:3 of Appendix II of the Thirteenth Amendment, alienation or disposition of State land within a Province to any citizen or to any organisation shall be by the President but only on the advice of the relevant Provincial Council. It may be recalled that in the case filed against the former President, Chandrika Kumaratunga, for transferring state land to Water’s Edge Golf Company, one of the grounds on which the Supreme Court bench headed by Chief Justice Sarath Silva held that the transfer was illegal was that the advice of the Western Provincial Council had not been given. The Government is now considering deleting the requirement of advice and also taking back many other land powers devolved.

Although Police powers have been devolved to a certain extent by the Thirteenth Amendment, Provincial Councils are unable to exercise those powers as the Police Commission Act, No. 1 of 1990 which provides for the establishment of a National Police Commission and a Provincial Police Commission for each province has still not been brought into operation by successive Governments. The government wants to completely take back Police powers.

On 14 November, 1987 the Sri Lankan Parliament passed the 13th Amendment to the 1978 Constitution of Sri Lanka. It was certified on 14 November, 1987. The Act recognized Thamil an official language and English a link Language and established Provincial Councils. Provincial Council Act No 42 of 1987 laying down the procedure to be followed in Provincial Councils was also passed.

Under the Thirteenth Amendment, if a Bill on a subject devolved on Provincial Councils is to be passed by Parliament, the Bill has to be referred to all Provincial Councils for their views. If all Provincial Councils agree, then the Bill can be passed by a simple majority. However, if one or more Provincial Councils do not agree, then the Bill must be passed by a two-thirds majority if it is to apply to the provinces which did not agree. If passed only by a simple majority, the Bill will be law only in the provinces that have agreed.

The government now wants to amend Article 154 (G) 2 and 154G (3) of the constitution that sets out the procedure for making any amendments to the provincial council’s list of powers. If this is affected, it would make devolution completely meaningless and a mockery.

There are 11 sections to the 154G and most relevant in this respect are Sections (2) and (3).
Section (2) reads as follows:

Article 154G (2) – this provision requires a Bill to amend or repeal any provisions of the 13th Amendment to be referred by the President “to every Provincial Council for the expression of its views thereon”. If “every Provincial Council agrees to the amendment or repeal” such a Bill could be passed with a simple majority. On the other hand, if “one or more Councils do not agree to the amendment or repeal” such a Bill needs to be passed by a 2/3 majority.

Article 154 G (3) is similar to 154G (2); it deals with the Provincial Government List. It is couched in the same mandatory and prohibitive language as Article 154 (G) 2.

Under the heading “Statutes of Provincial Councils,” Section (1) says “every Provincial Council may, subject to the provisions of the Constitution, make statutes applicable to the Province for which it is established, with respect to any matter set out in List 1 of the Ninth Schedule (hereinafter referred to as “the Provincial Council List”). This statute making power is important and without this power the Provincial Councils are not institutions of devolution of power.

The demarcation between devolution and decentralization rests on this matter, if otherwise or without this power the Provincial Councils would be mere instrument of decentralization only.

After holding talks with the government, including President Mahinda Rajapaksa, National Security Advisor Shivshankar Menon is apparently returning home empty handed like others before him. The government is in no mood to give any concessions although President Mahinda Rajapaksa during and after the war promised full implementation of 13 A plus. However, he never spelt out what 13 A plus means. While domestically playing the “patriotic card” he continues to dupe the countries that helped him to win the war against the LTTE on devolving power to Thamil people.

Now a concerted campaign of disinformation is carried by the Sri Lankan government to create a fear psychosis among the Sinhalese about provincial council system that has been in existence for 26 years. The LTTE spectre is also resurrected by ultra-Sinhala chauvinists who claim that a Northern Provincial Council controlled by the Thamil National Alliance (TNA) will lead to separation. And what Prabhakaran failed to secure Thamil Eelam through bullets the TNA will do so by the ballots. It is also claimed that the Provincial Council system is a white elephant. All these objections are raised only after the government was forced to conduct elections for the Northern Province Council after a lapse of 23 years!

Hard-line Sinhalese racists also claim that Sri Lanka was forced to sign the agreement under duress without consulting the people (read Sinhalese) following dropping of dhal bombs over Jaffna by the Indian air force fighter planes!

Both during and after the war ended India has repeatedly stressed its expectations that the Sri Lankan Thamil community would lead a life of dignity, as equal citizens. And India would make every effort to ensure the achievement of a future for the community marked by equality, justice and self-respect. But those expectations appear to be in ruins.

According to news reports Mahinda Rajapaksa categorically told Shivshankar Menon that he will proceed with his own agenda. He has told Menon the Parliamentary Select Committee PSC) will deliberate on the proposed amendments, if any and he will abide by the recommendations of the PSC. As for his earlier promise to implement 13 A fully, he said that promise was for the people (read Sinhala) and not for India, UNO and the international community.

In the meantime Mahinda Rajapaksa’s sibling Gotabhaya Rajapaksa, Secretary to the Ministry of Defence and Urban Development, has spoken his mind in an interview to the government mouth piece the Daily News. Unlike others he does not mince his words. He has rejected devolution and wants the total abolition of 13 A, of course for the wrong reasons. Below is some extracts from his interview:

“…It is nothing but true and correct that in the North and East there must be the same percentage of the majority community. When 78% of this country comprises Sinhalese how does such a vast landmass in the North become 98% Thamil? Isn’t this unnatural? This was forced. Natural growth was prevented.”

“…No I don’t believe in devolution because of the above points I mentioned. If devolution is for administrative purposes that is of course legitimate. But if one thinks that devolution would provide an answer to the national problem that is something that I don’t agree with…I think that’s [the complete repealing of the 13th amendment] the way forward…”

“This again I see as a reaction to some of the claims and things done by the minorities. We shouldn’t let these things come out. Remember the majority community is 78% but if some 8% or 10% of the community tries to bring various issues all the time it creates a suspicion among the majority community. It creates insecurity within the majority community and obviously there will be sections reacting to that. This is what happened…” (‘I Deplore Any Form of Extremism’, Daily Mirror July 4, 2013)

In any other country the open exhibition of such blatant racism by any state functionary would have earned him outright dismissal. But, in Sri Lanka Gotabhaya Rajapaksa is adored as a Sinhala hero by Sinhala extremists! The UNP has openly accused him of financing outfits like the Bodu Bala Sena.

Gotabhaya Rajapaksa in his much publicised interview is openly calling for the structural genocide of the Thamil people. Racists like Gotabhaya Rajapaksa are unable to stomach the domination of Northeast by Thamils and Muslims who together form more than 80% of the population. Gotabhaya Rajapaksa wants to change the demography of Northeast. It is he who is behind the accelerated Sinhala colonization of both the North and East, especially the Northern province. To carry out his genocidal grand plan the functioning of the Northern Provincial Council is an obstacle. Hence his call for the total abolition of 13 A.

Mahinda Rajapaksa has stacked the PSC with his puppet Ministers who have openly made statements in support of diluting 13 A. Those Ministers who were against truncating 13 A have been left in the cold. That includes Tissa Vitarana who chaired the All Party Conference (APC) Rajitha Senaratne, Vasudeva Nanayakkara and SLFP strongman and MP Reginald Cooray. These Ministers boldly called the move to dilute 13 A a blatant attempt to scuttle devolution and assert Sinhala political hegemony over the people of the North.

The PSC is being boycotted by all the main opposition parties – the UNP, the JVP and TNA.  Even some of the partners of the UPFA coalition like the LSSP, CP and the Sri Lanka Muslim Congress (SLMC) are opposed to the exercise. Now, the PSC is largely a cabinet subcommittee of ‘yes men’ appointed to rubber stamp changes to 13A.

The UNP has decided against joining the Parliamentary Select Committee since the government had not clearly set out its stand on the future of the 13th Amendment. Unlike in the past UNP is taking a principled stand on the ethnic issue. It wants full implementation of 13 A.

J.R. Jayewardene is called an old fox for his cunningness. But, Mahinda Rajapaksa is more cunning than J.R. Jayewardene. After finishing the LTTE with Indian arms, radars, intelligence, training etc.  he is now biting India’s hands! He thinks he does not need India’s help anymore since China is at his feet! He has signed a defence agreement with China and apparently he perceives India as the enemy country.

It will be interesting to see the next move by New Delhi. India cannot keep on parroting the mantra that “Thamil community should lead a life of dignity, as equal citizens, and India would make every effort to ensure the achievement of a future for the community marked by equality, justice and self-respect” without concrete action.

It is time India acts decisively and backs words with deeds.  Soft diplomatic approaches, mostly behind the scenes engagements have failed to domesticate Mahinda Rajapaksa. He is determined to follow his own agenda to impose Sinhala hegemony over the Thamil people and reduce them to the status of third class citizens.

There are many options open to India. One option is to announce boycott of the CHOGM scheduled to be held in Colombo in November this year. That will send a message to Mahinda Rajapaksa that India means business. It can also take over Kachchatheevu ceded to Ceylon in 1974. It must be very clear to India by now that Sri Lanka never understands sane advices.

Prime Minister Mrs. Indra Gandhi understood the mindset of Sri Lankan politicians and read the riot act. But, sadly her successors have failed to follow her bold diplomacy and no nonsense foreign policies.

On July 05, President Mahinda Rajapaksa has issued a proclamation reconstituting the Northern Provincial Council. He had asked the Commissioner of Elections to hold elections for the Northern Provincial Council. The Commissioner of Elections has fixed July 25 – August 01 for receiving nomination and election is likely to be held in September 27, 2013.

As I write the TNA has not nominated its candidate for the post of Chief Minister, but ex-Justice C.V. Wigneswaran is likely the choice. (This article was written two weeks ago)

Mahinda Rajapaksa true to form will use the entire government machinery to win votes. The Sinhala army is already engaging itself in canvassing votes for the ruling party. Appointment of graduate teachers put on hold for years is taking place now. In June this year 1,300 Samurdhi Development Officers have been recruited for all districts in the Northern Province. One hundred Samurdhi Development Officers selected for Jaffna District were given appointment letters by Namal Rajapaksa who is the unofficial MP for Kilinochchi district. A few IDPs also will be resettled in their homes during coming weeks. Other carrots will also be dangled before the voters. However, these gimmicks on the part of the ruling party are bound to fail. There are thousand reasons for Thamil voters who live like slaves under a military dictatorship to vote against the openly racist government. They have been treated like dirt by the Sinhala army of occupation. Their self-respect, dignity and fundamental freedoms have been flagrantly violated.

Sri Lanka never understands sane advices. Late Mrs. Indra Gandhi understood this very well and took appropriate actions. It appears India is running out of ammunition to deal with Sri Lanka.

As stated above, JR was called a wily old cunning fox, but Mahinda Rajapaksa is more cunning than his predecessors. The UNO let him go scot free not once but twice! Not only did he benefit from LTTE’s unofficial boycott to win his election, but also finish the LTTE with Indian help!  Now that he has signed a defence agreement with China, Mahinda Rajapaksa calculates he does not need India any more!

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India’s Invasion By Invitation – 1987

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S.Sivathasan

S.Sivathasan

JR invited, Rajiv Gandhi invaded and Tamils paid the price. The cost of political unrealism at over 1,500 dead on either side was exacting. The invasion had a twin motive. To make the North safe for the TULF – read moderates friendly to India – and the South safe for the UNP – read a regime amenable to India. JR heaped victory on his country. The invitee was treated to ignominy by Tamil militants. It rankled in India’s mind from 1987 and most particularly since 1991 and was avenged in 2009. Lessons of the misadventure are not learnt yet by any of the parties complicit to it.

Firstly a brief look at the precursors to India’s intervention. Tamil militancy and the state military were reaching a point of a major collision. Events moved in quick succession in mid-1987. May of that year was rife with talk that the capture of Jaffna by the Sri Lankan military was in the offing. Either rumour or inspired leak had it, that execution of the plan would involve heavy casualties. Jaffna was gripped with fear. What lent credence to it was the feeling that the militants were not strong on ground and their  ammunition supply was limited. The native intelligence of the Jaffna man helped in this discernment.

The Vadamaratchchi Operation launched on 26th May and the ease of capture in 4 days, confirmed the forebodings. Extension of the operation to reach the heart of Jaffna was therefore anticipated. The first three days of June saw movement of people  going in all directions away from their homes with no clear idea where. News of the food convoy from India moving towards Jaffna was comforting to the Tamils. But that noon itself it was stopped at mid ocean by the SL Navy. Euphoria for the South and disappointment for the North were only for a while.

The following day a little before 5 pm, there was an unprecedented roar of low flying jets, fighter planes and cargo planes dropping food items. It was revealed subsequently and quite credibly that the air drop was scripted even before the food convoy set sail. Within minutes everybody figured out what it was all about. The youth lit crackers. Not a soul bothered to say food has come. No one stopped to debate the legality or otherwise of airspace violation. Their obsession was that SL army with air cover was going to  honeycomb the Peninsula. This had now been foiled by India. They were ecstatic only about what the drop signified. INDIA IS COMING was their perception. This was enough to dispel all gloom.

The following morning, Thursday, I asked an officer working with me what his clairvoyant friend will say. He said that he had already met him who after prayers and meditation had said that “the next day – Friday, the army will get out of Pt. Pedro and march towards Jaffna. BUT midway, it will turn back and go, for reasons he was unable to know.” On Friday morning the army did break out. At Atchuvely much to the surprise of all Tamils it reversed course. This turning back is the now well-known handiwork of DN Dixit who was forceful enough to get New Delhi to intervene and stop any further advance beyond Atchuvely.

From this date after a seeming lull, there was a spate of activity among three groups. The Indian Government, Sri Lankan Government and the militants with civilians as spokesmen. To bring about some settlement and to avoid confrontation was the concern. As these went on, a few weeks later a food shipment arrived in KKS harbor. To receive it Mr. Hardeep Puri, Political Secretary was at the harbor. He was taken to Jaffna town in an open vehicle by the Tigers. On either side of the road there was a massive, happy and enthusiastic crowd, wanting to convey its gratitude. Again, not for food but for the prospect of INDIA COMING. In charge of arrangements were Tigers. The vehicle could only inch along. All the way he was profusely garlanded, feted and treated to food and drinks. It was a reception which is reserved for the rarest of personalities for an exceptional occasion. In an earlier time only Nehru could have got it. Now Puri had it. To Jaffna he symbolized India and honouring him was honouring India. The whole event was televised by local TV managed by Tigers. Such was the emotional bond between India and the Tamils at that time. The Tigers did their arrangements well, but it was clear that it was formal and ritualistic. Their heart was not in it.

The month of July saw again a flurry of engagements among India, Sri Lanka and the Tigers ending up with the Indo Lanka Accord in July 1987. The Tigers had no say about it, no hand in the draft and did not so much as have the occasion even to read it. Within an hour or two of it being signed, massive Antanovs and other planes flew continuously for two days or more. They ferried men and material from India to Palaly. Alongside, was the movement of SL troops to the south by air as well. Soon after, there was a formal handing over of weapons by the Tigers. Those who were knowledgeable were certain that it was a mere token of what they possessed.

To the war weary, there was peace in our time. To the percipient signs were ominous. From August1987, they were fueled by India’s proclivity to unsettle, not by error but by design. The relationship between India and Sri Lanka in the period 1977 to 1987 needs to be understood to fully discern developments at that time.

When JR won the elections in 1977 and became President in ’78, his alter ego Morarji Desai was Prime Minister of India. In 1980, Indira Gandhi unseated him scoring a resounding victory. This was irksome to JR who had earned her ill will and wrath. Ideological differences apart, there was personal antipathy and even temperamental incompatibility. He prided himself over the thought and made it public that he was of Nehru’s vintage. Implicitly, Indira was but a trifle. Can it go well with a lady of aristocratic lineage and bearing, who was styled by the West as Empress of India? She was a personality cast in the mould of Patel and not of Nehru. JR hated her and her hatred was no less. Once in the early eighties a friend of mine while talking to her in Delhi, said “Madam, JR hates India”.  She leaned towards him and said “Me also”. It was such a leader of a great nation that JR had to deal with.

To a Prime Minister poised to deliver a lethal punitive blow, the 1983 pogrom against the Tamils provided the occasion. Even more important was the emergence of motivated Tamil militants straining for training in India. Tamil Nadu of the same ethnic identity was a suitable hinterland ready at hand. As factors moved favourably in Delhi’s calculation, Tamils had their own ideas that history would move as they wished. If India could be persuaded to the strategy of partition, then Cyprus Solution of the north for the Turks and south for the Greeks could be considered a precedent for the Sri Lankan situation. Whatever the viability of this thought, it lost its sheen with the demise of Indira Gandhi. There was little realization among Tamils that the world had moved much from Palmerstone’s Opium War against China, at the whim of the PM of England 130 years back. Such whimsical intervention was no longer possible. Partition became even less practicable without a fearless and resolute Indian leader. When an overnight change in strategy was required we harboured the same views from November 1984, ie after the death of IG, to October 1987 when war broke out.

Does history run its course as per some destiny or is the path altered by a powerful leader? This has been a dilemma for historians to interpret. Arthur Koestler invokes a picturesque analogy. A small stone is washed away by a river. Not so a boulder, which makes its impact for 200 yards or years. In recent times Napoleon, Bismarck, Lenin, Mao and Deng left their mark in altering world history. Nehru, Margaret Thatcher, Gorbachev and Lee Kwan Yew too made a striking contribution through their force of personality. In that line was Indira Gandhi as well among the great world leaders. The void created by her demise was well assessed by Sri Lanka’s political leadership and the sails were freshly set to gain direction. Distressingly the same did not hold with the Tamils and we floundered, yet fortified in the belief that when we are in a soup, either India or the International Community is obliged to retrieve us.

From late 1984, Tamils were caught up in a drift that lacked purposive direction. Indira’s reputed Advisor G. Parthasarathy was marginalized for no reason by Rajiv Gandhi, and he relinquished his duties. The respected and competent Foreign Secretary A P Venkataeshwaran, fully conversant with the Tamil problem was dropped unceremoniously. His predecessor was one Romesh Bhandari and he enjoyed the confidence only of President Jayawardena. His handiwork was the miserable Thimpu Talks in mid-1985, which took nobody anywhere. The objectives as discerned by Tamils were two. (1) Force march all militant groups to the conference table, thereby asserting India’s supremacy. (2) To cut V. Pirapakaran (VP) to size, proclaim that all the militants stand on an equal footing and to din into VP that he is not primus but all are pares. (No first but all are equals). By Christmas 1976, Tigers had eliminated all other groups and VP proclaimed that he was just primus and there were no pares. This was the only dismal effect of India’s efforts for two years.

By early 1987 VP’s stay in India had become untenable. When he asserted his independence increasingly, relations with his benefactor MGR soured. Can a chick remain till eternity under the wings of the mother? Will not an eaglet fly off from the cliff one day? When the day comes the baby kangaroo  gets out of the pouch. When the hour struck, VP got out of Tamil Nadu and came over to Jaffna. From January to June Jaffna experienced constant warfare, aerial bombing, shelling, power outages and shortages of food. The people had braced themselves to circumstances however trying.

To connect with where I digressed, may I say some movement was observable now. After hectic activity in July 1987, VP was flown to Delhi under duress from Suthumalai Amman Temple premises by helicopter to Chennai and thence by plane to Delhi. Nothing was known as to why. It was only speculated that the trip may have something to do with an Accord. When VP did not return for more than two days there was agitation among the people and more among the cadres.

On his return a mammoth meeting was held at Suthumalai where VP read out a prepared speech. It then transpired that he was not given enough time even to read the contents. Wrath and determination to undo the so called Accord were explicit on his face at the event that was televised. If VP was not considered the leader and spokesman of the Tamils, why was he flown to Delhi in the first instance? If he was so considered, why this cavalier treatment? The implacable discord that came about, his spurning of the Accord, the violent incidents that followed, the outbreak of war with the Indian Army and consequent unfortunate happenings even after its withdrawal have their origin in this highbrow behavior of the Indian establishment in Delhi. India reaped the whirlwind.

Events that flowed subsequent to the Accord, cast unforgiving shadows and confirmed misgivings. Happenings seemed to flow in a well scripted coherent sequence. Very soon on display were India’s sinister intentions. From the rump of anti-Tiger elements resident in India, was cobbled together a rag tag called ‘Tri Star’. It was to serve as a fifth column for the Indian Army. What a way to keep peace and win over the people! Each time small batches landed on the Mannar coast, they were mowed down by the Tigers. News used to seep to the people immediately. In the book by Lt. Gen. SC Sardesh Pande, written with transparent honesty by an officer of character, there is reference to it. He speaks of VP losing credibility about India on this score. A war was coming became clear to the Tigers.

I do not use the acronym IPKF because it is a misnomer. Keeping the peace was not the mission of the Indian army. Peace between Tamil and Tamil? Between Muslim and Tamil? They were not at war. Then what was the justification to heap 60,000 troops or more within the confines of North-East? Why keep in and around the Jaffna fort alone, some 19 tanks? When war broke out on 10th October, did any rumble along to the Sinhala-Tamil border to keep ethnic peace if it was ever feared?

My adoration for all what was good and great about Tamil Nadu and of India, made me purblind to reality. In the early eighties a certain lady from Delhi used to come to SL. In 1984, about 12 of us had a meeting with her in Jaffna. Her patriotism was never in doubt. But she said all the Tamils she met wanted the Indian army to come. She continued, “I don’t know why they are saying that. The Indian army is as brutal as any in the world, if not more brutal”. A senior officer from India who spent nearly a month in November 1987 and who had had discussions with me told me “I am getting back next week and after that I will not return because the Indian army is behaving like an army of occupation.” My experience at close quarters from October 1987 to February 1990, knocked off the scales clouding my vision. Before that I wondered how Bangladesh could turn against India, her deliverer and benefactor. Now I knew why.

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Sri Lanka: 13A And Its Nine Lives

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Col R Hariharan

Col. (retd) R.Hariharan

Indian Ministry of External Affairs took the unusual step of issuing a strong press statement cautioning Sri Lanka not to dilute the 13th Amendment (13A) at the end of a Tamil National Alliance (TNA) delegation’s meetings with Indian leadership including the Prime Minister on June 19, 2013. It was in response in to Colombo’s hectic moves to dismantle the constitutional provision of 13A that confers a level of autonomy to Tamil minority.  If 13A is abolished it would not only be negation of the promises President Rajapaksa made to the nation and India but  it would set the clock back on the national reconciliation process that is stalled at the start line since 2009.

The much maligned 13A reached its episodic climax during May-June as the September 2013 Northern Provincial Council (NPC) elections neared. There was a flurry of activities in Colombo as the President was averse to allow the Tamil National Alliance(TNA) – erstwhile political ally of the LTTE– to capture power in the NPC. There was a bit of confusion as the President was making up his mind on how to go about doing this. This resulted in the administration and Gotabaya Rajapaksa, the all powerful Defence Secretary sending confusing signals on future course of action. Lalith Weeratunge, President’s Secretary, added his penny’s worth in twitter justifying the dilution of powers of the “while elephant” provincial councils had not served any purpose, a discovery that came 23 years too late.

In this context TNA MP Sumanthiran’s twitter was interesting: “If PCs have not worked so far, then why has this discovery not taken place all these years? Only when the Tamil people were going to vote did they decided that provincial councils are not required… This shows their malfeasance,” he added.

In a political tear jerker that would vie with mid-day television soap, the last two episodes saw the dramatic change in the ruling UPFA coalition’s political strategy. It hopped from bringing an “urgent bill” to replacing 13A with the 19th amendment (a morphed 13A with its non-flyer wings clipped) to refer it to yet another parliamentary select committee (PSC). Obviously, the quick change of mind came after India hinted dark forebodings and some of the coalition partners loudly protested, while Tamil parties watched.

The President has used the PSC as time-tested weapon to bring to heel recalcitrant Tamil political nit-pickers as much as chief justice. The PSC has two advantages –it buys time and rarely it produces acceptable results because key parties usually do not participate in it. In the present instance also, only the ruling UPFA coalition was quick to nominate 19 members while the main opposition UNP and yesterday’s opposition JVP remained non-starters. TNA’s participation is anybody’s guess, as the troika that pulls it ensures it runs in the same place without moving forward.

As the government appears to be reconciled to hold the NPC elections as scheduled in September 2013 without any change in the 13A, the PSC’s purpose is probably to delay a decision on the issue till the Commonwealth Heads of Government Meeting (CHOGM) is seen through in October 2013. As the President has appointed a PSC to “to speed up the process,” Colombo hopes to smoothen India’s ruffled feathers lest it decides not to participate (India never boycotts) in the CHOGM. We can expect the PSC to stretch itself to see through the CHOGM where the President would be anointed lead the CHOGM for two years.

Sri Lanka needs to seriously introspect why the 13A still survives when all politicians, including President Rajapaksa and his brother Gotabaya speak periodically about changing it or getting rid of it.

The 13A fathered by the wily of Sri Lanka neta JR Jayawardane as political expedience to weather a brewing confrontation with India in 1987. It was a deformed child at birth, with low life expectation. It was never allowed to articulate fully and remained a cradle baby after Prabhakaran massacred hapless policemen and other Tamil activists of EPRLF in hundreds in 1990 and killed the hopes of the Northeastern Provincial Council ever functioning. Prabhakaran’s stand against 13A to give substance to his quest for a free Tamil Eelam suited Southern Sinhalas who were in any case averse to “Tamil terrorists” – regardless of their stripes – coming to power.

However, political parties in the rest of Sri Lanka took to provincial council system with surprising agility because it created one more layer of dispensation of power and favours. It also gave local politicians and their underlings the trappings of non-existent power.   So the 13A continues its ambulatory existence as Sri Lanka polity has not been willing to find a suitable substitute that would provide decentralized powers to the provinces.

As the 13A owes it to the India-Sri Lanka Accord 1987 (ISLA), it has another “useful” political purpose – to make India the whipping boy. India is an essential “evil denominator” in Sri Lanka politics; political and military memoirs written by Sri Lankans are replete with instances to describe this phenomenon. Tamil and Sinhala leaders of all hues ranging from Rajapaksa to Prabhakaran to Weerawansa have emphasized 13A’s as an Indian machination thrust upon an unwilling Sri Lanka.

The 13A’s ISLA linkage has been bringing India into the Sri Lanka political scene now and again, though less frequently after India’s unpleasant experience of direct intervention from 1987 to 90. Even the present Indian interest in 13A came about only after President Rajapaksa thawed it out of cold storage when he came to power in 2005 to use it as a political ploy to ward off sermonising Western powers and retain India’s support.

To sustain Indian support during the Eelam War, Rajapaksa went through various committee manoeuvres and promises to “improve” the 13A, which was never fully implemented. Fortunately, for him, New Delhi with its own other internal and external preoccupations had accepted his arguments during the Eelam War. However, after AIADMK dethroned DMK from power in Tamil Nadu using Eelam War issue, New Delhi was pushed into action.

The pay off time for Sri Lanka’s double speak on the subject came at the UNHCR, after the Rajapaksa chose to ignore mounting allegations of war crimes at home and abroad. And New Delhi had little option but (to do the “right thing” as Hardeep S. Puri puts it in his op-ed piece in The Hindu “Why India is right on Sri Lanka”) to vote for the UNHRC resolution calling for Sri Lanka’s accountability for its conduct during the war.

The political scene in India is undergoing change and Sri Lanka will increasingly find its manoeuvring space getting more and more constricted even if the Congress-led alliance comes back to power in 2014.  As Hardeep Puri wrote, “To dismiss popular sentiment in Tamil Nadu as the machinations of politicians is both a misreading of the situation and a recipe for disaster. Why should Sri Lanka not be held to account for not respecting understandings given bilaterally to India, such as those of April-May 2009?”

Unless Rajapaksa finds an answer to this vexing question, any government in India will find it difficult to wish away the issue because Sri Lanka’s “accountability” is as much applicable to its promises on implementing 13A and devolution of powers to Tamil minority, as investigating allegations of war crimes.

The simple truth is devolution and 13A issues have come to haunt President Rajapaksa because he squandered four years of peace in strengthening his political base rather than bringing back Tamils to political mainstream. This has compounded his accountability problem with the international community. Even now many are not convinced that he would go through the NPC election as planned because he has given sufficient indications that he would like to do what he and the Sinhala right want, rather than accept the inevitability of the TNA gaining control of the NPC.

Surprisingly, the Defence Secretary Gotabaya Rajapaksa while rightly recognizing the rise of Eelam protagonists abroad as a threat to Sri Lanka’s national security, has failed to recognize the hot house conditions Sri Lanka is providing for them to propagate their cause. Acts of Sri Lanka Buddhist extremism increasing everyday against Hindu, Muslim, and Christian minorities, allowed with studied indifference of the state reinforces the growing belief that the Rajapaksa regime is becoming an inward looking, and intolerant.  Political speeches on tolerance and brotherhood sound no more credible.These add to the climate of suspicion.

The present mess has given hope for revival of the Eelam Cause among Tamil Diaspora, though there is little enthusiasm among Sri Lankan Tamils. Thanks to Sri Lanka’s indifference to war crimes allegations and implementation of LLRC recommendations, anti-Sri Lanka sentiment is lodged in Tamil Nadu’s local politics. This poses a serious threat to not only India-Sri Lanka relations but also the interest of Tamil Nadu as has living links with Sri Lanka Tamils.

Like all half cooked and warmed up food, 13A seems to have finished its shelf life. It has neither met the aspirations of yesterday’s Eelam secessionists nor satisfied Sinhala triumphalists. However, in the absence of a suitable substitute it stands as a sop, if not a symbol of hope, for Tamils. It also apparently satisfies President Rajapaksa’s “liberal sentiments” to leave it for the time being while his coalition members are pandering to Sinhala right wing elements. And it keeps India at bay. Given this curious setting I expect the 13A, truncated or otherwise, to survive its nine lives.

I am one of those who had believed that Sri Lanka at the end of the Eelam War had a wonderful opportunity to open a new chapter in equitable ethnic relations. But what is happening in Sri Lanka mocks at my simplistic belief. I realise Sumanthiran’s words “The Sri Lankan government from the word go was never interested (in devolution of power). The victory in the war meant, take it all….” are probably more than political rhetoric. And that is sad.

*Col R Hariharan, a retired Military Intelligence specialist on South Asia, served with the Indian Peace Keeping Force in Sri Lanka as Head of Intelligence. He is associated with the Chennai Centre for China Studies and the South Asia Analysis Group. E-Mail: [email protected]   Blog: www.colhariharan.org

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Sri Lanka Govt Shuns Reconciliation With Move To Annul Constitutional Provisions

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Tissa

J.S. Tissainayagam

The government of Sri Lanka is leaving no stone unturned in an attempt to annul provisions of  the country’s constitution that are key to implementing post-war reconciliation. By seeking to rescind the 13th amendment, long held by the international community as the starting point for a political solution for the conflict between Sinhalese and Tamils, the Government has clearly demonstrated its cavalier disregard to UN resolutions and international treaties and therefore is an unreliable international actor.

A spokesperson to India’s Ministry of Foreign Affairs was candid when he said, “[t]he proposed changes raised doubts about the commitments made by the Sri Lankan government to India and the international community, including the United Nations, on a political settlement in Sri Lanka that would go beyond the 13th Amendment.”

The 13th amendment to Sri Lanka’s constitution was introduced as an instrument to share power between the Sinhalese and Tamils through devolution to the country’s provinces. The amendment flowed from the Indo-Lanka Accord, negotiated and signed as a treaty between the governments of India and Sri Lanka in 1987, in a bid to end the armed struggle between rebels supported by India and the Sri Lanka government.

Devolution to share power between Sinhalese and Tamils was to soon encounter snags. The fundamental reason was that Tamils realised that devolution proposed under the 13th amendment would be hobbled by the very thing it was supposed dismantle – power wielded in Sri Lanka’s legislature by Sinhalese members of parliament.

This constraint was due to the unitary character of the Sri Lankan state. This means that the central government, in which the executive presidency and parliament are key institutions, remains constitutionally supreme. Under a unitary system even when power to legislate over subjects of local importance is devolved to subunits such as provinces, parliament can override those powers either by a simple majority or a two-third majority. This contrasts with federal constitutions where powers that the constituting units enjoy are so entrenched that they cannot be tampered with by central governments so simply. Needless to say in the real world constitutions mostly fall in between the unitary-federal continuum.

Despite devolution under the 13th amendment being hobbled by control from the central parliament, most of the Tamil political parties and armed rebel groups accepted the Accord and the brand of power sharing it proposed. Despite backing by Colombo and New Delhi, devolution to the PCs under the 13th amendment, which became law in 1988, was only implemented selectively. For instance, elections to the Northern Provincial Council (NPC) where a majority of Tamils live, was never held. Second, a clause to merge the Eastern PC which has over 60% Tamils and Tamil-speaking Muslims with the NPC to strengthen common demands was temporarily implemented but later struck down by the Supreme Count as unconstitutional.

Following the military defeat of the LTTE in May 2009, devolution of power came back into currency as a practical mechanism of devolving power and thereby promoting reconciliation between the Tamils and Sinhalese. At the same time the international community – especially India and the US – expanded their role in promoting conflict resolution in Sri Lanka.

Citing the provisions of the Accord, the treaty between Sri Lanka and India, New Delhi called for the full implementation of the 13th amendment, which was echoed by the US and other sections of the international community. But buoyed by its military victory and elements of Sinhala nationalist elites, the Sri Lankan government prevaricated. Following three years of intensifying misery for the Tamils due to militarisation, widespread allegations of disappearances, torture and rape, loss of livelihood and parlous conditions of resettled IDPs, the United States moved two resolutions in the UN Human Rights Council. The second resolution, adopted in March this year, “welcomed” provincial elections for the NPC.

Faced with mounting international pressure the government has indicated its intention to hold polls for the NPC this year, although it is yet to be officially announced at the time of writing. However fearing that such elections would strengthen the Tamils in the North the government has on the backs of Sinhala nationalist groups begun to demand dismantling of even the vestiges of devolved governance. It has therefore proposed a 19th amendment to ensure that provincial governance is in name only. The government’s group of Sinhala representatives in Parliament is expected to back this bill and pass it with ease.

The Sri Lankan government’s move to dilute the 13th amendment only reiterates its indifference to reconciliation. It also shows up very clearly the inadequacies in the strategy of the international community. The international community expects Colombo to respect international laws or conventions – such as UN resolutions and treaties – and that meaningful sharing of power will come from within Sri Lanka under the present political structures. But that is not forthcoming. The international community should therefore strengthen the Tamils within and outside Sri Lanka and use other diplomatic tools available to it to resolve the Sri Lankan conflict. A delay will only exacerbate Tamil desperation and see a further erosion of international order.

J. S. Tissainayagam, a former Sri Lankan political prisoner, was a Nieman Fellow in Journalism at Harvard and Reagan-Fascell Fellow at the National Endowment for Democracy in the United States. This article first appeared in Asian Correspondent

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The Final Threat To Sri Lanka’s National Security Is New Media

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Gotabaya Rajapaksa

Gotabaya Rajapaksa

I welcome you to this lecture under the National Interest Module of the inaugural MPhil/PhD Programme of the Kotelawala Defence University. The topic of this lecture is “Sri Lanka’s National Security Concerns”. As we all know, Sri Lanka is one of the most peaceful and stable countries in the world today. Our citizens are enjoying the benefits of peace and have complete freedom and countless opportunities to build better futures for themselves. At the same time, it must be understood that as with any other sovereign nation, Sri Lanka faces potential threats from various sources. Guarding against these threats and ensuring the safety of the nation is the first duty of the Government, because National Security is the foundation of our freedom and our prosperity. As such, the Government needs to be fully aware of all the issues that impact the country in areas such as Defence, Foreign Policy, Economic Affairs and internal Law & Order. It must formulate a comprehensive National Security strategy to deal with them.

A viable National Security strategy must constantly align ends with means, goals with resources, and objectives with the tools required to accomplish them. The strategy needs to be aligned with the aspirations of the people, and it must have public support. Ideally, if comprehensive security is to be ensured, it requires the achievement of national cohesion, political and economic stability, the elimination of terrorism, the countering of extremism, and the formulation of effective responses to external challenges. The Government must make every effort to keep aware of a continually changing situation and take appropriate action in response to new developments and challenges. It is only then that the safety of the nation can be assured.

In the course of this lecture on Sri Lanka’s National Security Concerns, I will examine the following areas:

Sri Lanka’s overall National Security context

The primary threats to our National Security at present; and,

The strategies that are being formulated in response to these threats.

The Context of National Security in Sri Lanka

In the first several years after the achievement of Independence, National Security did not need to be a primary concern of the Government of Ceylon. As an independent Dominion of Great Britain, and as a non-aligned nation with excellent relationships within and outside the region, there were few pressing threats that the Government had to deal with. As a result, the attention given to National Security was minimal, as was the emphasis placed on the country’s Defence apparatus. The military was largely ceremonial. It only had to assist the Government on occasions when there were issues such as public sector work stoppages or riots. The need to strengthen law enforcement and the Armed Forces to protect the nation against internal or external threats was not seen as a pressing concern. The attempted coup d’‚tat in 1962 further reduced the attention given to the Defence apparatus by the Government. Due to fears that a strong military would be a threat to democracy, as had been the case in some neighbouring countries during this period, funding for the Armed Forces was drastically reduced and recruitments curtailed.

As a result of the weakening of the military, the country was not in the best position to deal with the first major threat to its National Security when it erupted in 1971. This was the first JVP Insurrection. Although investigations into JVP activities had been going on for some time, cutbacks to intelligence services, including the closure of the Special Branch of the Police in 1970, had left the Government largely unaware of the scale of the insurrection it was facing. The nation’s military was overstretched. In response to the Government’s appeals for help, India and Pakistan sent in troops to secure critical installations while essential equipment and ammunition was provided by Britain and the Soviet Union. Although the insurrection was successfully suppressed within a short time, it had many consequences. One of the most crucial from a historical perspective was that National Security became a much greater concern both for the Government and for the general public. As Ceylon became Sri Lanka in 1972, upholding National Security was one of its foremost priorities.

In the late 1970s, Sri Lanka saw the emergence of the greatest ever threat to its sovereignty in the form of the terrorism of the Tamil separatist groups in the North and East. As the conflict worsened in the early 1980s, particularly after the riots of 1983, the threat of terrorism loomed large not only in the North and East but effectively all over the country. The rise of the Liberation Tigers of Tamil Eelam (LTTE), and the likelihood of its attacks in public places fostered a deep insecurity amongst the people. There was significant loss of life, loss of property, and countless lost opportunities to achieve economic development. The law and order situation deteriorated as arms and ammunition started to flow to criminal elements in the underworld. By the late 1980s, the second JVP insurrection caused the further deterioration of the security situation throughout Sri Lanka. As a result of the increasing instability and violence, people began to lose some of their freedoms as more and more intensive measures had to be taken by the state in trying to uphold public security.

As the terrorism situation worsened, there was also an increasing involvement of foreign powers and the international community in Sri Lanka’s internal affairs. During the early stages of the terrorist conflict, India trained LTTE cadres in training bases established in Tamil Nadu. Many of the leaders of other separatist groups also frequented that state. It is also important to note that several international Non Governmental Organisations that were based in the North and East first started to cooperate with the terrorist groups active in those areas during this period. In 1985, India facilitated talks between the Government of Sri Lanka and the separatist groups in Thimpu, Bhutan. The talks collapsed due to the unrealistic demands made by the separatists. These demands would have gravely affected Sri Lanka’s sovereignty if granted, and the Government had no choice but to refuse them. Fighting soon resumed. By this time, the conflict transformed into one between the state and the LTTE, which had used the ceasefire granted for the Thimpu talks to destroy rival separatist groups.

As the fighting gained momentum, the emphasis given to National Security by the Government also increased. For the first time, the appointment of a Minister of National Security was seen as necessary. The strength of the military was also significantly enhanced, with larger recruitment drives, the acquisition of better assets, and improved training to counter the growing threats. With its improved capabilities, the military was able to make more and more progress in fighting the terrorism of the LTTE. For the first time, we also saw changes within the structure of the military. The need for a coordinated effort to combat terrorism led to the establishment of a Joint Operation Command to coordinate the three Armed Services, Police and Intelligence Services in counter terrorism operations. The military used battle formations for the first time, and the requirement for a National Intelligence Bureau to coordinate the intelligence services at a national level was also understood and subsequently brought into being.

In 1987, the very successful Vadamarachchi Operation enabled the Government to regain control of much of the North, leaving the LTTE on the brink of defeat. At this point, India intervened directly in the conflict by air dropping humanitarian relief supplies over Jaffna. This led to the abandonment of the Vadamarachchi operation, and the Indo-Lanka Accord was signed in July of that year. This led to the induction of the Indian Peacekeeping Force (IPKF) to the North of Sri Lanka, where it got embroiled in conflict with the LTTE. After more than two years of fighting, the IPKF withdrew from Sri Lanka in October 1990, and fighting resumed between the LTTE and Government Forces.

Although there were several periodic attempts at peace talks, the intensity of the war grew during the 1990s and in the early 2000s, with several major battles being fought and much hardship suffered throughout the country. The military was strengthened significantly to deal with this threat. Specialised units such as the Commando Regiment and the Special Forces Regiment of the Army, as well as the Special Boat Squadron of the Navy were developed to deal with the increasing military challenge posed by the LTTE in the North and East. However, in addition to its battles with the military, the LTTE also frequently carried out attacks against civilians in the rest of the country. Large bombings took place in public locations in Colombo, killing thousands. Hundreds more were massacred in vulnerable villages near LTTE dominated territory. Critical installations and economic targets such as the International Airport, Central Bank and the Kolonnawa Oil Refinery were also ruthlessly attacked. In order to contain this very serious threat to national security, precautionary measures had to be greatly increased throughout the country. This led to the visible presence of soldiers on the streets, the widespread use of checkpoints, frequent cordon and search operations, and the constant upholding of the Emergency Regulations, which gave wide-ranging powers to the military and law enforcement agencies. The entire country was effectively on a war footing.

In 2002, the next major development in the conflict was the signing of the Ceasefire Agreement with the LTTE under mediation of Norway. This event can also be viewed as the next major phase in the internationalisation of Sri Lankan affairs as a result of the conflict. The Peace Process that was entered into by the Government of the time was facilitated by Norway, with the support of the representatives of major donor countries, namely the European Union, the United States of America and Japan. Together with Norway, they comprised the four Co-Chairs of the Sri Lankan Peace Process. A Sri Lanka Monitoring Mission was also established, comprising members from Nordic countries, to supervise the implementation of the Ceasefire Agreement. Despite their presence, the LTTE continued to create instability in the country; assassinating its key opponents including Hon. Lakshman Kadirgamar, the Sri Lankan Foreign Minister, and carrying out occasional attacks against civilians.

In 2006, increasing provocations by the LTTE culminated in its threatening of a humanitarian crisis by closing the vital Maavilaru Sluice Gate. This was a crisis that affected the right to water of thousands of households, and even affected national food security by preventing the flow of water to many thousands of acres of agricultural land. The Government intervened with a limited operation to reopen the sluice gate, but was met with large-scale attacks by the LTTE on several fronts. This led to the widening of the military campaign into the Humanitarian Operation that ultimately freed Sri Lanka from terrorism.

The Humanitarian Operation required significant strengthening of the military to enable its success. During the ceasefire period, the LTTE had managed to strengthen its offensive capabilities significantly. It had approximately 30,000 cadres in its ranks and a vast arsenal of weapons and equipment that included heavy artillery, mortar, missiles, rocket propelled grenades, and light aircraft. Combating such an enemy that employed guerrilla tactics required the Sri Lankan Armed Forces to grow significantly. Between the end of 2005 and the end of 2009, the number of Army personnel grew from 120,000 to over 200,000; its 9 Divisions were increased to 20; its 44 Brigades expanded to 71; and its 149 Battalions increased to 284. The Navy and the Air Force were also expanded significantly, and given tasks beyond their classic role. The upholding of security throughout the country also required the Police and Special Task Force to be strengthened, and the Civil Defence Force was revamped and significantly expanded.

Because of the internationalisation of the Sri Lankan situation during the previous decades, there was a great deal of foreign scrutiny on the progress of the Humanitarian Operation. By keeping the Indian leaders constantly informed about what was happening on ground, and by skilfully managing our relationships with other nations, it was possible for the war effort to continue unimpeded. Nevertheless, towards the end of the war in 2009, the Foreign Ministers of France and the United Kingdom arrived in Sri Lanka and attempted to intervene in the military campaign, although they did not succeed. Efforts by such parties to end the Humanitarian Operation reflect the tremendous influence that the LTTE’s international network had on foreign capitals. Many in the international community wilfully ignored the fact that the Government of Sri Lanka was duty-bound to protect its citizens from the aggression of the LTTE terrorists. Even after the war ended and peace dawned in 2009, this bias against the Government led to Sri Lanka being taken up at the United Nations Human Rights Council. Although the initial Resolution against Sri Lanka was defeated that year, two more were sponsored by the United States in 2012 and 2013, and successfully passed.

Today, Sri Lanka is a country enjoying the full benefits of peace, and it is engaged in a concerted push to accelerate its economic development and bring prosperity to its citizens. The country has much to catch up on. Three decades of conflict lost us countless opportunities for growth: foreign and local investment suffered due to fears about the war; tourists did not visit the country, and many of our best and brightest went overseas to build better futures for themselves. Countries such as Singapore, which were in a similar economic position to Sri Lanka when we reached Independence in 1948, developed at a tremendous rate during this period. This is because they did not have a major conflict to contend with. Sri Lanka’s prospects on the other hand were greatly curtailed as a result of the war. This is why the biggest responsibility of the Government of Sri Lanka even today, in the post war situation, is to ensure the continued security of the country. Without security and stability, there will be no economic development. The maintenance of National Security is therefore of the utmost importance.

The National Security of Sri Lanka needs to be addressed in context of the history of this country and the realities of its present situation, and most critically from the perspective of several responsibilities of the state. The state must ensure that the Sovereignty and Territorial Integrity of the nation is maintained, and that there are no threats to the safety of our population. Ensuring economic growth so that the people of the country can uplift their standard of living is also critical in order to prevent internal problems recurring in the future. Creating a favourable environment for Sri Lanka internationally is similarly of the utmost importance in keeping adverse external influence at bay. Securing the safety of our physical assets and safeguarding the nation’s democracy are also critical. Considering this overall context, it is clear that National Security must be understood within a unified, single framework that integrates the nation’s Defence, Law and Order, Foreign Policy and Economic Policy. These four areas need to come together in the creation of a comprehensive National Security Strategy. This is essential if Sri Lanka is to consolidate its present peace and stability and fulfil its potential.

Present National Security Concerns

There are several potential threats in today’s context that Sri Lanka needs to be concerned about. These include:

The possible re-emergence of terrorism

The emergence of other extremist groups

The creation of ethnic divisions and communal violence

The challenges of maritime security and border control

The growth of organised crime

Foreign interference in domestic affairs

Non-traditional threats through technology driven new media, including social media.

In discussing terrorism, it is first of all important to appreciate the sheer scale of the problem that the Government of Sri Lanka was confronted with as a result of the LTTE over the past three decades. Since the 1970s, the LTTE grew from a small organisation of armed individuals to a large, sophisticated terrorist outfit with very advanced combat capabilities. At its height, the LTTE had more than 30,000 battle-hardened cadres; access to large stockpiles of modern armaments, ammunition and equipment; a sophisticated naval wing and a fledgling air wing. For a considerable period of the conflict, the LTTE was able to maintain the illusion of a functional state apparatus in the territories it dominated. It also had significant influence in foreign capitals as a result of its extensive international network. Defeating the LTTE required a concerted effort on the part of the Sri Lankan Government. As a result of the unwavering leadership of His Excellency the President Mahinda Rajapaksa, this task was achieved in May of 2009.

In the immediate aftermath of the war, there were a number of issues that needed to be dealt with. First was the problem of nearly 300,000 internally displaced people who had been used as the LTTE’s human shield during the last phases of the war. Then there was the need to demine the North and East so that those areas would be safe for human habitation. This resulted in the recovery of hundreds of thousands of mines and improvised explosive devices laid by the LTTE during its retreat. Infrastructure development and reconstruction of those areas after years of neglect under the LTTE’s dominance was another significant issue that had to be dealt with, after which it was possible to resettle the IDPs in their places of origin. One of the most important issues was dealing with the nearly twelve thousand surrendered LTTE cadres and four thousand detained cadres. The Government took the bold step of rehabilitating nearly all of them so that they could become productive citizens in future. The vast majority of them have already been reintegrated with society.

Amongst other post war achievements has been the disarming of other armed groups that used to operate in the North and East, and the encouragement these groups have been given to contribute to society through democratic processes. The restrictions that used to be in force on movement, fishing, high security zones etc., have all been removed. Democracy has been completely restored, with free and fair elections taking place. Economic growth in the North and East has been truly remarkable in the recent past, and it is clear beyond doubt that normalcy has been restored to the people.

Despite all of these very positive developments, however, the threat of terrorism re-emerging still persists. One of the main reasons for the LTTE’s success during its heyday was its extensive international network, which has been in operation for many decades. Following the ambush and massacre of 13 soldiers in the North by the LTTE in 1983, there was a major communal backlash against the Tamils in the rest of the country. As a result of the July 1983 riots, a large number of Tamil people left Sri Lanka and travelled to countries such as Canada, the United Kingdom, Malaysia and parts of Europe. These countries granted asylum to these immigrants, and later granted them citizenship. As such, there is a large population of immigrant Sri Lankan Tamils in other countries. A small minority of this population supports the LTTE even to this day. Extremist elements within this community, together with LTTE agents and operatives, including trained terrorists who fled Sri Lanka at various times during the war, comprise the LTTE’s international network.

After the demise of Prabhakaran, the LTTE’s former procurement chief Kumaran Pathmanadan, better known as KP, took control over this network and indicated that it would continue to work for the separatist cause through peaceful means. However, a breakaway faction emerged almost immediately, led by Nediyawan, who wanted to continue Prabhakaran’s ideology of violence. Nediyawan’s group, was previously known as The Tamil Eelam People’s Assembly or the Tamil National Council and is now known as the Tamil Coordinating Committee, Based in Norway, this group has been working with other international groups to promote the LTTE’s separatist cause in many parts of the world. The Tamil Coordinating Committee has control over most of the assets of the LTTE’s international organisation, including its media networks such as Tamil Net.

Following the arrest of KP in August 2009, Rudrakumaran took over the leadership of the main network and began working towards establishing a “Government in Exile”. This group now fashions itself as The Transnational Government of Tamil Eelam. In the guise of fighting for Tamil rights, its primary objective is to lobby foreign Governments for the establishment of a separate state in the North and East of Sri Lanka. The so-called “Transnational Government” has about twenty “Ministers” and “Deputy Ministers”, and was formed with assistance of an advisory committee comprising prominent pro LTTE activists, including foreigners who have been helping the LTTE for many years. There has recently been a revolt within the TGTE, where one third of its members loyal to Nediyawan, went against the leadership of Rudrakumaran because they wished to engage in more radical action.

Another prominent LTTE-linked group emerged out of the British Tamils Association, which was active since 2001 in supporting the terrorism of the LTTE in Sri Lanka. In 2006, the leader of the BTA, Arunachalam Krishanthakumar, alias Shanthan, was investigated on suspicion of supporting terrorist activities. As a result of these suspicions about the BTA, the British Tamils Forum was formed in 2006 to carry on the same activities in a new guise. The BTF acted as an umbrella organisation that mustered support from the immigrant Tamil community and local British politicians for dividing Sri Lanka. With Shanthan’s arrest by British authorities in June 2007 for providing material support to terrorism and his conviction in April 2009, as well as the defeat of the LTTE in May 2009, the role played by the BTF needed to be changed to suit the post-war environment.

As a result of this, the Global Tamils Forum emerged in February 2010, with many of the same members as the BTF. The head of the GTF is the so-called Father Emmanuel, a Priest who was once hailed by Prabhakaran as “a freedom fighter who has given leadership to a movement committed to setting up the homeland to Tamil Eelam”. Father Emmanuel has been engaged in a propaganda campaign against Sri Lanka for many years, targeting Tamil expatriates, Foreign Governments and International Organisations. He is known to have visited LTTE strongholds in Sri Lanka in mid-2000 to conduct training for selected youth who were earmarked to take up overseas appointments for fundraising and propaganda for the LTTE.

Under Father Emmanuel’s guidance, the GTF has successfully influenced a number of politicians from various political parties in European countries as well as the United States, Australia, Canada, and India to support the separatist cause. In addition, the GTF has courted officials within international organisations such as the United Nations, the European Union and various international non-governmental organisations to obtain their support. Part of the success of the GTF in these activities can be attributed to the involvement of influential pro-LTTE foreigners in it. These include Mrs. Joan Ryan, a former British Parliamentarian who has become the Head of the GTF’s Secretariat.

Yet another group that is active internationally in supporting the separatist cause is the LTTE Headquarter Group, which is based in France and headed by Vinayagam, a senior intelligence cadre who managed to escape during the final stages of the war in Sri Lanka. This is a group that is known to engage in Human Smuggling, with some of its past operations including the sending of the “Sun Sea” and “Ocean Lady” vessels from South East Asia to Canada in 2009 and 2010. The members of this group generally maintain a low profile and their movements are kept to a minimum as most of them have been issued Red Notices by Interpol for their involvement in criminal activities. They also keep their distance from both Nediyawan’s and Rudrakumaran’s groups, but maintain links with the GTF.

All of the LTTE-linked groups are coordinated by the GTF and united by one overarching objective. Their unwavering intent is the division of Sri Lanka and the establishment of a separate state for Tamil Eelam. There are several strategies through which they will try to achieve their objective. These include:

The winning of international opinion for the separatist cause,

Increasing international pressure on Sri Lanka in various areas; including pushing for international investigations into war crimes and claims of genocide, and by encouraging international monitoring of the national reconciliation process,

Undermining all efforts of the democratically elected Government of Sri Lanka to create a better future for its citizens through reconciliation and economic development, and

Continuing to push for the resumption of conflict through reorganizing local pro-LTTE elements within Sri Lanka.

Some of the efforts of these LTTE-linked groups have been successful to a certain extent in that despite the war having ended four years ago, the internal affairs of Sri Lanka have been kept at the forefront of the UNHRC’s Sessions as well as at the top of the agenda of several prominent international NGOs even in the recent past. It has to be noted that many of those who create this pressure by claiming to be human rights activists and victims of state repression are actually trained LTTE cadres and operatives who are now fully engaged in propaganda activities. It is very important to understand that their attempts to put pressure on the Government through international bodies such as the UNHRC and non state actors such as international NGOs is designed to strengthen those who work against Sri Lanka’s interests.

In this context it is important to realise that there are groups even within the democratic mainstream in Sri Lanka that obtain funding from the LTTE’s international network and pro-LTTE elements overseas, which more or less openly talk about achieving the very same objectives that the LTTE had. Though they appear to have a democratic face, their actions and remarks clearly show that the extremist separatist ideology has not yet disappeared. Their ultimate objective is achieving the division of Sri Lanka. As a result of their actions and statements, it is very much a possibility that certain radical elements will feel empowered to once again attempt to take up arms in the name of separation. This is a major National Security threat that needs to be taken with the utmost seriousness.

In addition to the threat of terrorism, Sri Lanka also faces a potential threat from other extremist groups. These are the remnants of the radical groups that were involved in previous insurgencies. Some of these groups are trying to reorganise within Sri Lanka and mobilise people to once again take up their extreme left wing causes. There is information that some of these groups have started to link up with the LTTE-linked groups to create further problems in Sri Lanka. Some of their activities include radicalising students and encouraging them to take to the streets in various protests. Though such activities are still in their early stages, they pose another serious National Security concern that we need to be vigilant of.

Another growing concern in the post-war environment is the increasing communalism amongst ethnic groups, which if left unaddressed, could result in the rise of ethnic tensions in the future. During the period of the war, it was not only the Sinhalese and Tamil communities that were affected by the terrorist separatism of the LTTE, but also the Muslims. After the LTTE started engaging in ethnic cleansing in the North in the early 1980s, it expelled the Sinhalese community from Jaffna and soon after turned its attention to the Muslims. Several massacres were carried out at Mosques in the East, and in October 1990, the LTTE expelled more than 75,000 Muslim residents from the North. This was followed by further brutal attacks on Muslims in vulnerable villages near the territory dominated by the LTTE. In this environment, the Muslims also started to organise themselves for their own protection against the LTTE. After the LTTE’s defeat, some of these groups have begun to engage in activities that stem far beyond self-protection. There is some information that some of these groups have even tried to link up with the global Islamic terrorist movement. This is a situation that requires careful monitoring.

On a broader scale, it also has to be acknowledged that one of the consequences of the terrorist conflict Sri Lanka endured for thirty years has been the increased insularity of ethnic groups. Rather than identifying themselves on the basis of nationality, the communities of Sri Lanka have begun to identify themselves on the basis of their ethnicity or their religion. Instead of calling themselves Sri Lankan, they identify themselves as Sinhalese or Tamils or Muslims or Buddhists or Christians. This fragmentation of the Sri Lankan identity is most unfortunate, because activists within these communal groups seek minority rights or ethnic rights rather than working within the framework of a common national identity.

The cross-border links that can arise as a result of such insular ethnic or religious identification is also very troublesome. It is clear that there are some in the Tamil community who identify themselves more with the Tamil community of Tamil Nadu than with their fellow Sri Lankans. This has been encouraged by some parties overseas who wish to promote the idea of a greater Tamil Nation. Similarly, it has been observed that there are some foreign groups that wish to encourage Sri Lankan Muslims to identify themselves more with the global Muslim community, thereby reducing their integration within Sri Lanka. This trend has been particularly prevalent in the post September 11 world, in which there has been a tendency among certain groups to try and influence the global Muslim community towards religious extremism has become visible.

The increasing insularity and cohesion amongst minority ethnic groups has also led to the emergence of hard line groups from the majority community: the popularity of certain political groups and movements can be viewed as being largely a response to this trend. In turn, the emergence of hard line groups in the majority community causes further tensions amongst other communities, which leads to a vicious cycle of greater fragmentation of the Sri Lankan identity. Sri Lanka had enough divisions in the past that ultimately led to conflict; we must learn the lessons from our past and ensure that history is not repeated. This is therefore a very serious National Security concern at the present moment.

The maintenance of maritime security is another serious National Security Concern that the Government needs to be vigilant about. As an island, Sri Lanka does not have land borders to worry about, but maintaining maritime security is a serious challenge. In the past, the only maritime security issues that had to be dealt with was the illegal movement of Indians into Sri Lanka and the smuggling that took place between Sri Lanka and South India. Preventing these threats was one of the foremost duties of the military in the 1950s and the 1960s. However, with the development of the LTTE and other terrorist groups in the 1970s and beyond, maritime security became a major concern to Sri Lanka.

For example, it is a well-known fact that the LTTE acquired a vast arsenal of weapons and equipment including artillery, missiles, mortars, armoured vehicles and even light aircraft. None of these items were produced in Sri Lanka, but were brought into Sri Lanka through the sea. In addition to military supplies, the LTTE’s cadres were initially trained at bases in Tamil Nadu. Given the recent activities of LTTE-linked organisations outside Sri Lanka and particularly in Tamil Nadu, this is very much a current threat even today.

The organised trafficking of persons or human smuggling is another significant maritime security issue. Organised groups, some of which are connected to LTTE-linked organisations, have lured many people seeking better economic prospects into this lucrative illegal operation. During this year alone, more than 440 such people have attempted to leave Sri Lanka illegally. Having sold their properties and handed over all their wealth to the operators of these schemes, the victims of human trafficking find themselves trapped on board unsafe vessels along with hundreds of others, travelling to countries that will most often refuse them entry. In order to make a compelling case for their acceptance by border control authorities abroad, such economic refugees often concoct stories about being persecuted in Sri Lanka, thereby damaging the country’s reputation. Furthermore, the mechanisms of human trafficking have enabled trained terrorists to escape justice in Sri Lanka and flee abroad to safe havens, from which they may once again attempt to cause problems to the country through other means.

A further consideration with regard to maritime security is the protection of our maritime assets. One of the problems Sri Lanka has faced in the maritime domain after the defeat of the LTTE has been the increasing incidence of pirate fishing in Sri Lankan waters by South Indian fishermen. These fishermen use illegal practices such as bottom trawling to maximise their catch. This causes serious damage to the healthy fish stocks in Sri Lankan waters, and also adversely affects the livelihoods of our own fishermen. These fishing boats that enter Sri Lankan waters illegally have also been known to engage in other criminal activities including drug smuggling. Protecting our waters from these fishermen, as well as from others who might seek to exploit our other oceanic resources including oil and gas, will be one of the key maritime security challenges for Sri Lanka in the future.

Somewhat farther afield, the threat of international piracy is also a concern for Sri Lanka’s maritime security. Many of the world’s most important Sea Lanes of Communications are located in close proximity to Sri Lanka, and both the newly built Hambantota Port as well as the Colombo port are ideally situated to service the hundreds of vessels that cross these lanes on a daily basis. The reach and sophistication of the pirates originating mostly from East Africa has been increasing in recent years. This factor undermines the security of these Sea Lanes and could pose a serious problem to shipping in the region in the future. This will have an impact on the country’s economic security as well, and is therefore another challenge that needs to be monitored.

With regard to border security, one of the concerns Sri Lanka has is the possibility of the country being used as a transit point for transnational crime. The arrest of certain elements connected with extremist regional terrorist groups in India and Pakistan have shown that they have used Sri Lanka as a transit point from which to coordinate their activities. Some who are known to have been temporarily sheltered in Sri Lanka by an International Organisation after claiming refugee status in the west, are known criminals who engaged in illegal activities such as credit card fraud, drug smuggling and counterfeit currency printing abroad.

Organised crime in Sri Lanka is another issue that needs to be addressed. As a result of the rise of terrorism and the insurrections Sri Lanka experienced over the last forty years, and the response required from the state, a considerable amount of arms and ammunition inadvertently fell into the hands of criminals. This led to the rise of the underworld, which is now engaged in a number of organised criminal activities including drugs, armed robberies, kidnappings for ransom and financial frauds. There are also groups that engage in seizing land illegally. Tackling the challenges posed by organised criminal groups is another priority for the state.

In today’s environment, the possibility of foreign interference in our internal affairs remains a significant National Security concern. With the involvement of countries like India, Norway, and the United States of America in Sri Lanka as a result of the terrorist conflict, matters relating to this country’s internal affairs have gained increased visibility within the international community. India in particular is very sensitive to what is going on in Sri Lanka because of the large Tamil population in its influential southern state of Tamil Nadu. Especially during the elections cycle, Sri Lanka figures large in its power politics. In the recent past, we have seen even the Chief Minister of Tamil Nadu attempting to pressurise the central government into opposing Sri Lanka internationally. This is a serious threat to Sri Lanka’s security, and perhaps even its sovereignty.

Furthermore, as a result of the rapid economic and military development of countries like India and China in recent decades, the entire Asian region has become increasingly important in global affairs. Because of Sri Lanka’s important geostrategic position within the Indian Ocean region, a great deal of attention is therefore placed upon it in the present era. There is a possibility that some western powers wish to have a Sri Lankan Government that is closely aligned with their interests, and will seek to influence Sri Lanka’s destiny so that it cannot pursue the independent course it is following at present.

A third factor that has led to Sri Lanka’s increasing importance in the international arena involves regional power politics. The issues between India and Pakistan, and the issues between India and China are particularly sensitive in this regard. With the rise of China as a world economic leader, there is a widespread belief that India feels insecure and is seeking to align itself with the other powers that seem similarly threatened by China’s ascendancy. The likelihood of the United States showing more interest in the region and aligning more with India is a factor that may affect Sri Lanka. Further, its establishment of a base in the Maldives is also changing the complexion of the region. These are developments that need to be monitored from the point of view of Sri Lanka’s national security.

The final threat to Sri Lanka’s National Security that I will highlight during this lecture is the emergence of technology driven new media including social media sites such as Facebook, Twitter and other websites on the Internet. We have seen the potential of this new media to destabilise nations and affect serious change in the case of countries like Tunisia, Libya, Egypt etc. Although the likelihood of events such as the Arab spring transpiring in Sri Lanka is minimal as a result of it being a democratic nation with an extremely popular political leadership that enjoys a very large electoral majority, this is yet another threat that needs to be monitored. Particularly due to increasing Internet penetration and computer literacy in Sri Lanka, many of our youth are familiar with social media and use it as a tool to gather information as well as propagate ideas. Those with vested interests can exploit social media to cause problems in Sri Lanka by propagating certain ideologies online and mobilising and organising people. This can be done with a minimal physical presence, and therefore forms a threat that is difficult to contain through the traditional tools of national defence.

National Security Response

Considering the foregoing threat assessment, it is clear that despite Sri Lanka being in a post-war situation in which most people are only concerned about economic development, National Security remains very much a core concern for the Government. In addressing the challenges discussed above and developing a comprehensive National Security Strategy, it is important for the Government to take a holistic view and incorporate many of its elements into a single policy framework.

In terms of internal security, the best response to most of the threats that we face is the development of the Intelligence Services. Sri Lanka has two primary intelligence arms: the State Intelligence Service and the Defence Intelligence, which comprises the Directorate of Military Intelligence, Directorate of Naval Intelligence, and Air Intelligence. In addition, the Police maintains the Special Branch, while the Special Task Force also has its own Intelligence Division. Furthermore, the Terrorist Investigation Department and Criminal Investigation Department of the Police also work closely with the other Intelligence agencies on matters relating to National Security.

In the past, the lack of strength and coordination amongst these various intelligence services used to be a serious issue. It is essential that they work together under a unified command structure in order to improve coordination and enhance capabilities. Towards this effect, one of the efforts undertaken by the present Government has been to bring these intelligence services under the Chief of National Intelligence, who reports directly to the Secretary to the Ministry of Defence. This has streamlined coordination and improved cooperation amongst the intelligence agencies.

Another important development in this regard has been the augmenting of resources allocated for the Intelligence function. After the war, the number of military intelligence units have been increased and each Security Force Head quarters now has its own Intelligence Unit. The Intelligence personnel are being afforded more and more training in order to enhance their capabilities and capacities, and as Sri Lanka moves forward, it is hoped that the Intelligence agencies will be able to keep track of and contain domestic National Security concerns.

Furthermore, although the requirement for offensive military operations no longer exists in Sri Lanka, it is of the utmost importance that our security measures are not relaxed. Although the military is not engaged in law enforcement activities, and although their visible presence has been greatly reduced, it is essential for the military to be placed in strategic locations throughout Sri Lanka. Particularly in the North and East, where we know that there are still potential threats to National Security, it is essential to have a significant though unobtrusive military presence. Some recent efforts of international elements to reorganise pro-LTTE elements in the North underscores the need for this. For example, the recent arrest of some youth in Jaffna and Chennai who had been recruited by a Chennai based LTTE-linked group funded by the LTTE’s Europe based network, shows the utmost need to remain vigilant in this regard.

It must also be underscored that as a Sovereign nation, Sri Lanka has every right to place its security elements in any part of the country it so chooses. While some in the international community talk about the so-called militarisation of the North and East, and some political parties in Sri Lanka decry the presence of the military in these areas, it must also be understood that the people of the North and East mostly have a very cordial relationship with the military. Since the end of the war, the military has been involved in a great deal of reconstruction work, and they have also supported the people of the area to resume their livelihoods. They have provided equipment and material for agriculture, fishing and various types of assistance for small business development. The increased attention given to Civic-Military affairs also helps National Security because it helps the Armed Forces to win the hearts and minds of the people in the former conflict areas.

With regard to the work of the Defence services in the post-war environment, it is also essential to expand the responsibilities of the Navy and the Coast Guard. The protection of Sri Lanka’s maritime borders is of the utmost importance, and there is a great deal of responsibility on these two institutions to safeguard our seas. The Exclusive Economic Zone Sri Lanka enjoys needs to be protected, as it is a vital economic asset. The Navy needs to get more naval assets so that it has the ability to patrol or dominate the blue seas. It is also important to improve the Navy’s surveillance capabilities through augmenting its Radars and adding a new air surveillance capability. The Air Force, too, needs to improve it capabilities with regard to surveillance operations.

Another aspect of internal security that needs to be mentioned is the rectification of weaknesses that we used to have with regard to the national identity system. Because it was a manual, paper-based system, criminal and terrorist elements could very easily obtain forged identity cards. This enabled the terrorists to operate throughout Sri Lanka under various names and aliases; this is why the threat of suicide bombings and other attacks in the rest of Sri Lanka was such a pressing problem during the period of the war. To address this critical weakness, the Registrar of Persons Department was brought under the Ministry of Defence & Urban Development, and a new identity card system that uses biometric information will be introduced shortly. Similarly, the problem of people coming into Sri Lanka and staying here illegally under false pretences will be addressed through the introduction of a proper border control system in which biometric information will be incorporated into the passport and international standards used for identity verification.

From the point of view of domestic security, perhaps the most critical aspect will be the achievement of national reconciliation and the forging of a common Sri Lankan identity. Economic development is an absolute necessity in this regard. The fact remains that unless people enjoy a reasonable standard of living, peace and reconciliation are very difficult to achieve. This is why the Government has spared no expense or effort to develop infrastructure and build up the North and East to a high standard. This will enable the benefits of peace to flow down to the people of those areas. When people know that they have the opportunity to achieve a better future for themselves, it is highly unlikely that they will waste their time on violent ideologies. The achievement of economic development and national reconciliation are therefore two of the key areas of focus of the Government in the present national context.

Finally, with regard to external threats, it is of the utmost importance that Sri Lanka maintains cordial relationships with its allies. Despite the present pressure from Tamil Nadu, it is essential to maintain a strong and healthy relationship with India. Relations with the many countries that helped us in the past, both in economic terms and through political support, should be strengthened further through skilful diplomacy and further development of mutual ties. It essential to further strengthen the existing cordial relationships with powerful nations such as China and Russia, which have permanent seats on the United Nations Security Council and can influence any international action on Sri Lanka more significantly than other nations. In this overall context, it is very important that the foreign policy of Sri Lanka needs to be realistic. It is essential for Sri Lanka to have close ties with certain powerful nations in the international community in order to safeguard its National Security interests.

During the course of this lecture I have outlined the overall context of Sri Lanka’s National Security concerns; identified our most pressing threats and discussed the broad outlines of the Government’s strategy to deal with all these issues. Ultimately, the best way to ensure that Sri Lanka remains safe and strong in the future is for all of us to put aside the differences of the past; unite as Sri Lankans, and work towards a better future for ourselves and for each other.

Thank you.

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Foreign Affairs

The Other Dark Side Of The Shirani Impeachment Saga

–

Paridhi Singh

Paridhi Singh

It comes as no revelation to anyone who has been following the Impeachment saga, the profundity of impact it has had on all the citizens of Sri Lanka, be it their unsatiated hunger for justice for the former CJ Shirani Bandaranayake or their bereaved hopes in the present Government. To proclaim that it has rocked and vitiated the very foundations of the country, wouldn’t have been better proven as the penultimate truth, than at an event ‘Law talk’, organized by the Law Students Association of Sri Lanka (LSASL) on the topic “Aftermath of the Impeachment: Its Constitutional Implications” on 22nd January 2013. It witnessed the participation of over sixty, from various legal and non-legal backgrounds.

The two guest speakers comprised former Chief Justice Mr. Sarath N. Silva, who as he phrased it, was ‘the lone survivor of an impeachment motion in the country’ and was accompanied by, Mr. S.L. Gunasekera, present Senior Attorney in the Supreme Court. The speakers focused on the domino effect the impeachment had brought forth in the very provenance of Justice and laws in the country, ‘The Constitution of Sri Lanka’ also including the, far reaching and uncringing ripples that it may have on the present and future force of the rule of law in the country.

Former Chief Justice unmasked the entire constitutional elements of the impeachment trial and shed light on some of the sections, which because of their inherent ambiguity became the very vulnerabilities that led to the severance of ‘clear notions of justice’ from impeachment process. He further added that guilty or not guilty, the very process of the CJ’s impeachment is one that has undermined the inherent checks between the three equal pillars of democracy, the legislature, executive and judiciary and has given birth to a precedent that will poison and chokehold the might of law and independence of Judiciary in the country.

Senior Attorney Mr. S.L. Gunasekara in contrast to Mr. Sarath’s pure constitutional law perspectives gave a profound picture of the rigmarole that the state of law and politics has become, as a consequence of this impeachment. He focused exhaustively on role power plays in being instrumental to such events crystallizing and how invariably politicization of all decisions causes weighing of political interests over one another, while the actual adjudication ought to be on the principles of “justice, equity and good conscience” and the consideration limited in its scope to only one which incorporates the affects the aforementioned decisions on its citizens.

The floor was later opened to the house to ask questions to be answered by the speakers, which saw fruitful engagement of students on various themes like right to fair trial, the appointment of the new CJ and the future of the laws in the country to name a few.

To conclude, the event ended on a bittersweet note, because although every participant had gained far more awareness and insight from the Law talk, yet that awareness came at the cost of having to fathom the reality of the country in which we live. The reality being a divergence, from the vision of a free and fair country we all foresaw and of Sri Lanka being known worldwide as a great and powerful nation that respects democracy and all its citizens. However, to rephrase what Mr. S.L. Gunasekera said at the end of his speech, the might of public opinion is far more powerful that any arm-twisting by the government. So long as the people resist injustice or raise their voices on fora like the ‘Law Talk’, then change can still come. To add my own two piece of wisdom from the ‘Law talk’ the epiphany of it all could be summed as following, that, Democracy dies not by the hands of a power-ridden government or a corrupt judiciary or a prejudiced parliament, but by the silence of all its citizens.

* Paridhi Singh is presently working with the Attorney General’s department as a part of the United Nations Development project called “Access to Justice” and is pursuing BA.LLB. integrated law course in Jindal Global Law School, India.

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General

Dawood aide probed for LTTE hyperlinks

Mirza Mohiddin Baig was arrested in Colombo last year
Mumbai’s Anti Terrorism Squad is questioning a essential member of Dawood Ibrahim gang for alleged links with the banned outfit Liberation Tigers of Tamil Eelam (LTTE) to provide arms for terror activities in India.

ATS has sought a fresh remand for D-Business best lieutenant Mirza Mohiddin Baig, at present beneath Crime Branch’s custody, to query him in connection with terror links in the country.

Additional Director General of Police, Rakesh Maria, has confirmed to MiD DAY that Baig is becoming interrogated for terror links in India. He refused to give further details.

Baig, who was on the Interpol’s wanted list, had been arrested in Colombo on May possibly eight, 2009, following a long stint in Sri Lanka, and deported to India. The police had recovered 3 pistols and 18 live rounds from him.

Because then, the gangster had been in judicial custody until final week when the Crime Branch took more than, soon after his name cropped up once more after intelligence reports indicate that D-Business is procuring arms and ammunition from the remaining members of LTTE for operations in the nation.

Investigations by ATS and the Crime Branch give evidence that D-gang members have allied with the Pakistani Lashkar-e-Taiba for spreading terror in the country. Reports indicate that beneath the ‘Karachi Project’, terrorist organisations have been utilizing Dawood’s network in India for logistic support.

A few hundred of the LTTE core cadre have gone underground with massive quantities of arms and deadly explosive RDX following the Sri Lankan army stormed their bastion killing their leader V Prabhakaran last year.

Baig was arrested quickly soon after the operations.

Sources informed that Pakistani Inter-Service Intelligence operatives have covertly educated and armed members of LTTE to carry out attacks in India. Even far more so right after the Indian Peace Keeping Force was deployed in the Island because late 1980s.

Reports indicate that LTTE have also been selling sophisticated arms and explosives to the Maoist factions across the nation.

Baig’s questioning assumes significance in light of reports that LTTE is arranging to target the country’s Prime Minister and House Minister.

Police sources said that Baig could also be questioned for the alleged involvement of D-Firm, directly or indirectly, in the Varanasi bomb blast earlier this month.

Backgrounder

Baig climbed up the mafia ranks following he was operating illegal ISD facilities. Dawood’s second-in-command, Chhota Shakeel, soon created him the nodal person in Mumbai.
The gangster from Kortula in Karim Nagar district in Andhra Pradesh was assigned the task to deliver arms to D-Firm shooters in Mumbai, before he was arrested by the Crime Branch’s Criminal Intelligence Unit.

An AK-47 rifle and four imported revolvers were recovered from Baig for the duration of the raid on his hideout in 2000.

The gangster had then confessed of possessing links with gun suppliers in Bangkok, Nepal, Pakistan and Sri Lanka, a former Crime Branch officer mentioned. Baig soon jumped bail and escaped to Dubai and later surfaced in Colombo.

Rashid Malbari, an additional ace shooter in Dawood’s gang, was carrying out underworld operations from Sri Lanka.
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General

Onion Pickle

By Jayantha Kovilagodage
Sri Lanka onion prices to rise after Indian export ban
Dec 21, 2010 (LBO) – Prices of onions and leeks in Sri Lanka could rise after India’s decision to suspend exports of onions, a trade official said.

Pettah Wholesale Traders’ Association vice chairman Nihal Seneviratne said 90 percent of Sri Lanka’s onion requirement is imported from India and imports from other origins would be more costly.
India on Monday suspended exports of onions, a key food staple, after prices of the vegetable soared, adding to the government’s inflation woes.

Sri Lanka might be forced to import from sources like Pakistan, China, Egypt and the Netherlands, Seneviratne told Vimasuma.com, our sister news website. “Pakistani onions are not as good as Indian onions and they spoil quickly,” he said.

“To ship onions from China takes about a month and requires use of a refrigerated container. Therefore, onion imports from these countries will invariably be more expensive than from India.”

Even if the government reduces a 10-rupee a kilo import tax on onions retail prices cannot be reduced under present conditions, Seneviratne said.

Stocks of onions in the Pettah wholesale market were running low and Indian exporters had even taken back cargoes of onion already loaded on ships, he said.

Prices of onions grown in Sri Lanka’s northern Jaffna peninsula as well as leeks are likely to rise.

Sri Lanka imports 4,000-5,000 tonnes of onions a week from India which supplies about 60 percent of the world requirements of onions.>> Full Story