Showing posts with label Political Solutions. Show all posts
Showing posts with label Political Solutions. Show all posts

Tuesday, February 24, 2009

Unitary & Federal State Forms of Government

The terms unitary state and a federal state have different, highly significant, legal implications with respect to their constitutions and the power of the central government.

Most important are: a unitary state may abolish a constituent sub-state entity, and upgrade or degrade its powers without agreement of the sub-state entity. In a federal state, the central government is not empowered to do so.

That is why, that Sri Lanka insists on being a unitary state as opposed to a federal state.

On the other hand, a united state, has no such specific connotation, and may refer either to a unitary state, or to a federal state. In that case, you have to look at the country's constitution to determine whether it is in fact a unitary or federal state.

It is interesting to note here, that the US Civil war was waged to prevent the Confederate states from seceding in what was a federal union of states! So, ultimately might prevails over constitutional law.

From: Wikipedia.org

A UNITARY STATE:

A unitary state is a state whose three organs of state are governed constitutionally as one single unit, with one constitutionally created legislature.

The political power of government in such states may well be transferred to lower levels, to national, regional or local elected assemblies, governors and mayors (devolved government), but the central government retains the principal right to recall such delegated power (e.g. the period when Farum Municipality was ruled by the Danish Government for a time, or the era of direct rule in Northern Ireland by the United Kingdom's central government in London from 1973 to 2007).

The designation unitary state contrasts with federal state. In a unitary state, any sub-governmental units can be created or abolished, and have their powers varied, by the central government. The process in which sub-government units and/or national or regional parliaments are created by a central government is known as devolution. A unitary state can broaden and narrow the functions of such devolved governments without formal agreement from the affected bodies.

A FEDERAL STATE:

In federal systems, by contrast, assemblies in those states composing the federation have a constitutional existence and a set of constitutional functions which cannot be unilaterally changed by the central government. In some such cases, such as in the United States, it is the federal government that has only those powers expressly delegated to it.

Most states in the world have a unitary system of government. Many federal states also have unitary lower levels of government. Thus while the United States itself is federal, the U.S. states are themselves unitary, with counties and other municipalities having only the authority given (devolved) to them by the state constitution or legislature.

The devolved powers and laws of the subnational entity may be overridden, or the entity's law-making power curtailed, by an ordinary law of the national government, or by a simple decision of the head of government. The United Kingdom is a good example of this: Scotland has a wide degree of autonomous law-making power, but there is no right for Scotland to challenge the constitutionality of UK national legislation, and laws of Scotland can be overridden, and the powers of the Scottish parliament revoked or reduced, by an act of the national parliament or a decision of the Prime Minister. In the case of Northern Ireland, the devolved powers of the region have been suspended by a simple government decision on several occasions. Thus, the UK is still a unitary state, despite superficially appearing somewhat like a federal state in practice.

Devolution (like federation) may be symmetrical (all regions having the same powers and status) or asymmetric (regions varying in their powers and status). UK devolution is asymmetric.

A UNITED STATE:

United is used in a countries name, when any number of states or regions are combines to make a united Country. Countries with united in their name include:

Examples:

1. United States of America (USA/ U.S./ United States) - A federal state
2. United Kingdom of Great Britain and Northern Ireland (UK/ United Kingdom) - A unitary state

January 24, 2009 1:32 PM

Tamils must ask for what is reasonable and accept their role in the conflict

by S. Rasalingam

One of the important, and valid messages contained in Satheesan Kumaran's message, published in the Midweek review if The Island of 20th February is that we need bridge-building among the different communities. But he observes it in the breach.

Hurling accusations does not help. He claims, "The ethnic conflict in Sri Lanka between the Sinhalese and Tamil-speaking has been a creation by the Sinhala leaders". Then Kumaran proceeds to attack Theravada Buddhism, and gives advice to Buddhist monks. He says "Irresponsible words of politicians in Colombo will only add fuel to the flames of destruction engulfing Sri Lanka politically, economically, militarily, culturally and socially, rather than educate communities on the importance of co-existence." He goes onto claim "what Sri Lankan politicians really want is to create a society of voiceless citizens remote-controlled by a bunch of politicians."

Surely, such voiceless citizens already live in the Vanni and how did that come about? We Tamils have not understood how we dug our own graves.

Kumaran says, "A national consensus can only be achieved when the Sinhalese embrace the minorities and win their hearts and minds". Here again it seems that only the Sinhalese have to act. Don't we Tamils have to also act to reassure the majority?

As an aging Tamil who has observed Tamil-Sinhala politics since the 1940s, I cringe to see the continued repetition of simplified and historically incorrect hurling of accusation, even by a man who recognizes the need for building bridges between communities. People of Kumaran's generation do not know that politicians like D. S. Senanayake (DS) tried to create a "Ceylonese" nation.

Much false propaganda has been generated and good men like DS have been besmirched. People like Ponnambalam Ramanathan, in collusion with Governor Maitland introduced the principle of "communal representation" in the legislative process. Some Sinhala leaders rejected this ("Ramanathan's deception"), and then came the Donoughmore commission which proposed Universal Franchise.

Surely, it was a defining moment when the Colombo Tamil leaders decided that their dominant position would be threatened, unless they separated themselves from the Sinhalese, and call for a separate identity. G. G. Ponnambalam (GGP) in the State Council in 1934 declared that he was "a proud Dravidian" and rejected the "Ceylonese" concept of a polity of a single people. Natesan and others followed suit, as a reading of the political history of the times will reveal. Ponnambalam lent his voice to a movement which began to attack Sinhala Buddhists, and the Mahavamsa, their famed historical chronicle. Should I remind Mr. Kumaran that the first Sinhala-Tamil Riot occurred in 1939, in Navalapitiya, and spread to Passara, Maskeliya and to many other towns, when the Colonial government stepped in and stamped it out?

The riot was sparked by the inflammatory racist speech of GGP in Navalapitiya, attacking the Sinhala Buddhists and the Mahavamsa (see The Hindu Organ, June 1, 1939 and other newspapers of the time). It was then that S. W. R. D. Bandaranaike (SWRD) saw an opportunity, and went to every one of the cities touched by the riots, and established branches of the Sinhala Maha Sabha (see The Hindu Organ, June 19, 1939). It was in this extremely heated atmosphere that GGP developed his fifty-fifty solution as a means of safeguarding the dominant position of the Tamils. Far from bridging the gap between the communities, every action of GGP was designed to drive this "difference" between the Tamils - descendants of the Dravidians, and the Sinhalese, a "hybrid mongrel race split of from the aboriginal Tamils and mixed with Aryan invaders" (as stated by GGP in Navalapitiya in 1939).

The racism of the GGP et al was matched by the SWRD group. It would seem that SWRD the feudal aristocrat, and GGP the caste-conscious Catholic lawyer, were both power-hungry manipulators of the people for further their own interests. The elder statesmen of the times, i.e., Baron Jayatilleke, D. S. Senanayake (DS), Mahadeva etc. charted a reasonably non-communalist line.

DS in particular realized that public confrontations would be a grave obstacles to independence and bridge-building between the communities. When the Soulbury commission arrived, Senanayake managed to get the "Young Turks" like SWRD and others not to appear before Soulbury, and imposed a formal boycott while making room for informal contacts. GGP however appeared before the Soulbury commission and whenever possible for three months, claiming that the Tamils were being discriminated against in jobs, education, health, colonization settlements, etc. He even objected to the declaration of Anuradhapura as an archaeological conservation area as an act of discrimination. The Soulbury Commissioners rejected virtually all of GGP's claims as being without foundation. It rejected the 50-50 demand, i.e., equal number of seats to the 12% Tamils and 75% Sinhalese as an attempt to subvert democracy.

The Sinhala leaders refrained from public confrontation with GGP during the Soulbury period, and this led to a sense of healing between the communities. The state council approved the Soulbury proposals overwhelmingly. GGP leading the Tamil Congress(TC), as well as SWRD and other Sinhala nationalists joined the DS cabinet which believed in the "ceylonese" concept (see Senanayake's Acceptance Speech in the Hansard 1947).

Meanwhile, dark clouds were gathering. The ultra-nationalist Tamil wing led by S. J. V. Chelvanayakam (SJV) was not happy. They grumbled about GGP's approach, and proposed that instead of 50-50, the Tamils must pursue the "Two-Nation" concept, where the Tamils are equal to, and distinct from the Sinhalese. SJV said that Tamils should pursue their separate destiny. The opportunity to break from GGP arose with the Indian Citizenship Act. Most Ceylonese leaders and the Colonial government had become worried that the Indian Tamil workers and the Estate sector would fall into the hands of the Marxists who had began militant agitations. The new citizenship act required that only persons with seven years of residency could become citizens and vote in elections, thus eliminating transients. GGP and most other Tamils voted for it. But SJV declared that GGP was a "traitor" to the Tamil cause and used the moment to create the Tamil Arasu Kachchi. SJV contended that the Citizenship Act violated minority rights, and challenged it, and the government, in the courts, and in the Privy Council in London. The unequivocal judgments were that there has been no discrimination before or after the Act, and that the citizenship requirements were as reasonable as in the most liberal European states at the time.

Nevertheless, the Arasu Kachchi kept on agitating, determined to drive a wedge between the two communities, i.e., even among the anglicized Colombo citizens. I have attended meetings in Jaffna where the Arasu Kachchi talked of a separate Tamil nation, while in Colombo they sounded moderate and talked of federalism. A golden opportunity for the Arasu Kachchi arrived with the election of SWRD as PM. SWRD was a politician who recognized the rights of minorities, and an accommodation could have been easily reached with him. But the Arasu Kachchi's public position in Jaffna was well known to the Sinhala nationalists who had deep distrust of SJV, E.M.V. Naganathan and others. If there is no trust, there can be no political Pact.

It is easy to blame the "Buddhist monks" for the failure of the Banda- Chelva Pact. But what did this Banda-Chelva Pact ask for? It asked for Tamil administrative regions in the North and East. At that time, just as today, the East involved Muslims and Sinhalese and Tamils. The Muslims opposed the Banda-Chelva Pact. The Sinhalese in the East opposed the B-C pact. The Arasu Kachchi had done NOTHING to build bridges between the two communities and win their confidence. Instead, they used every opportunity to confront the Singhalese. Ponnambalam and the TC also opposed the B-C Pact.

The B-C pact was NOT based on discrimination. It was based on the "Homeland Concept". It asked for the same 2/3 coastal area and land area as a "homeland" for the Tamils (12% of the population) that the LTTE today is asking for. If the Arasu Kachchi had only asked for the Northern province and if its leaders had reassured the Sinhalese and Muslims, the B-C Pact would have had some chance of survival.

If the proposed B-C pact had actually got enacted, the Sinhala nationalists would have demanded the Tamils living in Weallawatai and Kottachenai to leave. The 1983 Black July would have happened decades earlier.

I have began from the Donoughmore Era and reviewed the history to indicate to young people like Satheesan Kumaran that the story is not black and white, with the Sinhalese doing all the bad things and "creating the ethnic divide", while the Tamils meekly performed "satyagraha" to win their rights both sides have been at fault.

The Tamils in the Vanni and other areas are not like their caste conscious counterparts in, whose only desire has been to retain their political power, and rule the North as absent landlords. The Vanni Tamils ("Malabars" in the language of the 1815 Kandyan Treaty, and also in Cleghorn's report to the Colonial office), like the Singhalese, have a lot in common as our religion, social organization and language are very similar to that of the Sinhalese people. Although GGP and SJV attempted to emphasize differences, these are the same stock of people with mere superficial differences.

The LTTE is a creation of the elitist Colombo Tamils who decided to use the lower caste "boys" in far-flung areas to promote their misguided political struggle making our children mere cannon fodder. Meanwhile, their children, kith and kin have gone abroad and continue to finance a psychopath who has eliminated out teachers, our kurukals, writers, journalists, political leaders and thinkers, so as to create a subservient society toeing his line with no questions asked, in the name of Eelam.

So, Kumaran what is there to be negotiated?

Kumaran is proposing conflict resolution via negotiations. As Anton Balasingham once stated, "Only the borders remain to be negotiated". It should not be forgotten that the Arasu Kachchi, while talking of Gandhian methods, secretly supported the creation of young militant groups. SJV personally met and worked with Sivakumaran, who was the first to commit suicide by swallowing cyanide.

I am sorry to say that the Tamil leaders of the 1930s, and then the ultra-nationalist activism of the SJV platform have been largely responsible for the plight of the Tamils today. Blaming the Sinhalese for all our ills won’t do. We need to soften our acrimonious uncompromising stand.

Monday, February 23, 2009

Why the Federal System of India is Unsuitable for Sri Lanka

By CASC

T
he population of Sri Lanka is slightly less than the major metro areas of India. Also, the Indian union is organized around linguistic units. People in Sabaragamuwa speak the same language as the people in the South or NCP. We have no regional linguistic differences within communities.

One of the trends in post independent India has been for states to break up into even more smaller units. In 1970, the north eastern region of India was one state. Today it is seven states.

Also, imagine giving police powers to these local units after having an armed terrorist movement for the last 25 years. It is a dangerous recipe and a formula for disaster.

The provincial council system in Sri Lanka is testimony to the waste of resources and dysfuntion that results from devolving power to local governments in a small country.

LTTE Supporters Rationale for Eelam Debunked!

The following debate is between an LTTE supporter (Sivanesan) and a Sri Lankan Patriot (Dinky Winky) from DefenceWire.blogspot.com blog .

Enough is enough

Lets set the record right .Since there is 03 generations of lies propagated by the opportunistic Tamils.This conflict was never about discrimination since by and large discrimination never existed among the ordinary people of sri Lanka .This is all about elite tamils loosing there prefered status conferred on them by the british and the cast system. The bait was mythical tamil ealam Unfortunately the so called low cast tamils become the cat's paw this is still a stuggle of elite tamils of jaffna faought by the misguided youth who are supposed to be ( Majority of them ) so called low cast tamils [The cast system is still very strong among tamils]

The following are a few which they make a huge cry about but all base less accusations blown out of proportion to suit their ealam concept.

Ealam concept contrary to the popular belief this has its roots as far back as 1922 and is a offshoot of the great dravidian nation mindset of certain tamils which is a superiority complex which arises out of an inferiority complex(just do a google search on these two terms and most of the behavioral patterns of these monkeys can be explained)

http://en.wikipedia.org/wiki/Superiority_complex
http://www.stopdepressiontoday.com/stop-your-inferiority-complex-now.html

lets examine few of the cries of tamil elamists

CLAIM: In 1956 the Sinhala Only Act was introduced completely discriminating Tamils.

Sinhala only act? Correction”The name is Official Language Act No 33 of 1956 which made Sinhala The official language of Sri lanka removing English . and sinhala was the language used by apx 75% of the citizens of SL at that time

Why was Tamils complaining of some thing they never had what was the official language before 1956. English so if you find it fit to learn English why can’t you learn Sinhala being the language of the majority .and this was implemented only for the state service not for the private sector why the fuss .USA has a Spanish community, Canada has a large Tamil Community, and do you work in your own language. This act has nothing to do with Tamil it was created to take out the power wielded by English Speaking people who were a mere fraction at that time. But due to the divide & rule policy of the briitsh Tamils were given preference in govt. opportunities you lost that. Does India consider Tamil as its official language although it has millions of Tamils .Just because a particular community, a dialect has a geographical concentration it is not a reason to make it an official language .Well we have done that too what more are you asking.

CLAIM: In 1958 Mr SWRD Bandaranayake (a great statesman) identified the problem and drafted a federal solution using his exceptional intellectual ability and exceptional foresight. But the Sangha and extremists managed to stop it.

The elam concept was already in force by this time. The Tamil Elam concept was inaugurated by Sir Ponnambalam Arunachalam in 1922. Extracts from his speech to The Ceylon tamil league as the founder of the same
“It has far higher aims in view, namely to keep alive and propagate these precious ideals throughout Ceylon, Southern India and the Tamil Colonies, to promote the union and solidarity of Tamilakam, the Tamil Land.
We should keep alive and propagate these ideals throughout Ceylon and promote the union and solidarity of what we have been proud to call Tamil Eelam.
Then 1931 the 50-50 demand by GG ponnambalam when the sinhalease consists of 65% of the population .Lackily this was rejected by the Donoughmore Commission What is the need for federal because it can be a stepping stone for elam luckily it was stopped if not the mythical state of elam would have being a reality dividing thisland on ethnic lines.

CLAIM: In 1972 standardization was implemented and this discriminated Tamils beyond belief. Northern province offers little opportunities and education is everything. You take it away from Tamils and they will not have any livelihood left.

Another load of crap Standerdization discriminated tamils how? This was brought in to give a equal opportunity for all in education .Due to this students coming from areas where there are good educational facilities needed to score more .True jaffna students needed to score more marks simply due to better educational facilities there. then again students fron batticola ,vaunia & trincomalee, mannar got the benefit in the same way students from Colombo has to score more marks than the students from nuwaraeliya there was no racical discrimination don’t lie

CLAIM: 1983 July riots (Black July)

Ordinary sinhala people were never a part of this and this was not instigated by the sinhala majority but by a few thugs then why is tamil community holding the 83 riots against the sinhalease. Riots were bad I never condone it but let me brief you about the situation in 83 by that time the sri lankan Millitary was more of a ceremonial nature and did not have the capability of rapid deployment island wide unlike today further the numbers were not adequate so it was a logistical nightmare to do a large scale mobilization so by the time the military was mobilized and the situation was brought under control the damage was done.

CLAIM: There was a separate Tamil Kingdom in Jaffna extending to parts of Wanni and parts of the East.Of course it is not as old as Anurathapura, Polonnarawa but it was there when the Europeans arrived.

Kingdom ??? You call it a kingdom when there is a clear administrative structure, A monetary system, Law and order and there is conscious efforts by the ruler to uplift the living standards of its subjects .There are state sponsored development initiatives .developed cities , Are any of these present in the so called mythical jaffna kingdom .strangely NO not a single archaological evidence to substantiate this do you know why this is only a rough rule and none of the people ever considered this as their homeland they were temporary settlers here for various reasons and their attachment in mind & sole was to tamilnadu where there is enough evidence of the rise and development of the tamil people and the tamil nation


CLAIM: From 1948 onwards governments colonised the North & East deliberately changing the ethnic composition. There are enough land in Sinhala areas. Let people come, don't bring them forcefully.

Colonization my foot .This is a utter lie please read
'State aided colonization' - Facts and Fiction
By: Ceil .D. Dharmasena - (Retired Deputy Director of the department of Agriculture and former Director of environment authority and Mahawali Authority) http://www.defence.lk/new.asp?fname=20060720_04

The land belong to to the state unless you have the title to it so the state decide the best economic use of it

CLAIM: We have no problem with Sinhala majority in Sinhala areas. Similarly let Tamils run the Tamil majority areas in one country. Isn't it fair?

What is the governance you want
We( The central government) reserve the rights to The foreign policy, Defense & Police , judiciary and the territorial waters of Sri lanka

CLAIM: If Tamils are given a governance responsibility they will feel they are part of Sri Lanka

If not for this Terrorism and LTTE eliminating tamil leaders we could have seen a tamil prime minister in Hon. Lakshman Kadiragamar & Hon. Jeyaraj .Fernandopulle Don’t blame the sinhalease for the mistakes of others

CLAIM: If reasonable devolution is given allowing Tamils the right to make laws, manage lands, administer policing in their areas

The answer is NO .There should be no devolution on ethnic lines why should there be a devolution of power to 10% of the people in a country (Current status of the tamil population is apx 7%-10%)then what about the rest of the people.Is there any thing that the ordinary tamil people donot have that an ordinary citizen of Sri Lanka have .This discrimination story is all cock and bull

CLAIM: Apart from Kadir no Tamil was given such very high office.

This is another lie every government office have tamils working in the senior management if im to compile a list this space would be not enough ( talk to public administration department they have the details )ewhich could be well above the ethnic ratio what dose it tell appointments are based on merit.But there is a problem due to the war the entire education structure of North and east did not function as intended so dont blame the rest of the country blame the LTTE the long standing repercussions of this will be felt by the tamils in future due to a scarcity of educated & qualified tamil intellectuals

CLAIM: If a federal solution is given the Tamil diaspora will not have any demands. They will invest in Sri Lanka.

Who cares about the demands of tamil diaspora those who funded terrorism will be followed up and dealt with accordingly as per the law the necessary legislation is already in place.

CLAIM: The whole world has agreed that a federal solution will work.

There is no ethnic problem here in Sri Lanka So there is no need of a federal solution the provincial system is more than adequate to tackle the every day problems of the citizens of this country if the elected people are suitable.Any solution should be exceptable to Sri Lankans here the world opinion is secondary and has has minimal impact on a sustainable action.

Monday, February 16, 2009

Only political solution is Equal Rights & Equal Responsibilities for All Citizens!

What "Political Solution" is there in a DEMOCRACY, except EQUAL RIGHTS & EQUAL RESPONSIBILITIES as citizens? Sri Lankan Tamils had these before this conflict began over three decades ago. Now they want exclusive rights in a mono-ethnic racist aparthied state reserved only to themselves. That will never be allowed in Sri Lanka. You Indians give different caste, race, language and religious groups different rights in your own country, and destroy it from within, but we Sri Lankans will never allow that. India is beset by 13 major insurgencies, endemic caste warfare, separatist nationalist movements, and religious discord, yet you PRESUME to know how to advise Sri Lanka! What IDIOCY! What HYPOCRISY! INDIA HEAL THYSELF before you breakup into many warring vulnerable nations! Your illiterate & destitute citizens need enlightened leaders following in the footsteps of the Lord Buddha, Dharma-Asoka & Mahatma Gandhi NOW!