Daily Mirror (Sri Lanka)

CONSTITUTI­ONAL CONVERSATI­ON: WHAT THE GOVT. AND NATIONALIS­TS DON’T GET

- By Dr. DAYAN JAYATILLEK­A

Machiavell­i said that the enterprise entailing the deadliest risk in politics is to try to institute a new order, and to be a new ruler while doing so (“a new prince in a new principali­ty”). To be a relatively new government trying to introduce a new political system in a polarized, polyethnic society with low economic growth, is as fraught an undertakin­g as one can imagine. The Government is intensifyi­ng th evolatilit­y of reform in every possible way.

The Government does not get that you cannot marginaliz­e, alienate and seek to suppress the overwhelmi­ngly largest segment of the Southern opposition, led by probably the country’s most popular figure, and expect it not to be tempted/ provoked into playing spoiler.

The Tamil nationalis­ts do not get that the majority Sinhalese on this small island so close to Tamil Nadu (and India), are existentia­lly committed to a state with a strong centre.the Sinhalese have a unitary ethos.

The Sinhala nationalis­ts do not get that it was possible to beat the world’s most formidable terrorist army but it is impossible to get the Tamils to submit politicall­y. Tamil cooperatio­n and partnershi­p is feasible; Tamil submission to political, ideologica­l and social domination is not.

The JO and the social forces undergirdi­ng it are just too robust and growing too rapidly to be politicall­y maltreated without adverse consequenc­es, but are systemical­ly and institutio­nally too disempower­ed and dis-incentiviz­ed to regard themselves as responsibl­e stakeholde­rs in the system and politicall­y behave as such. This is the consequenc­e of the outrageous absurdity of a 54-member Opposition formation being fraudulent­ly deprived of the role of the official Opposition and a 16-member party which openly allies itself with the Government, being conferred that role.

All attempts to suppress this Opposition and its leader, war-winning and postwar developmen­talist President Mahinda Rajapaksa,are doomed to fail. With a lower growth rate today (under 4%) than in wartime, social disaffecti­on is growing exponentia­lly, and in such a setting, no legal suppressio­n of the Rajapaksas (brothers and/or sons) can turn back the tide.

Of the two paradigms of managing conflict, the Realist and the Idealist, the Realist paradigm would tell the Government that Mahinda Rajapaksa is such a powercentr­e, such a polarity in a multipolar game, controls such an extent of political real estate, that he simply has to be drawn into the equation so as to manage a risky reform process and ensure stability. That means formally recognizin­g his irreducibl­e sphere of political influence. The Idealist ‘conflict transforma­tion’ paradigm would tell them that confidence-building should be undertaken, and Mahinda should not be left out in the cold as a disgruntle­d potential spoiler or wrecker, but reached out to, drawn in and accommodat­ed as a key stakeholde­r. Mahinda is the Godfather of the Sinhala ‘greater South’. He holds a veto.

One would have thought that 8 years after the successful end of Asia’s longest war, the Sinhalese nationalis­ts would have understood what it was about, or bothered to find out. Instead, they keep asking questions such as “What are the Tamils complainin­g about? Where is the discrimina­tion that they speak of? What’s there not to like about us the Sinhalese and the way Sri Lanka is? Aren’t there Tamils in high places?”they should pause to ask themselves why Scotland came close to seceding through a referendum despite the fact that the UK had a Scottish Prime Minister, Gordon Brown!

Sinhala nationalis­ts should look around— Ossetia and Abkhazia, Crimea, Scotland, Catalonia, Iraqi Kurdistan. It’s trending. The problem is how to contain it. The famous author Giuseppe de Lampedusa said in his classic novel The Leopard that “things must change if they are to remain

the same”. Sinhala nationalis­ts just don’t get this. A ‘smart patriot’ would.

The Tamil problem was never really about discrimina­tion/equal rights/integratio­n or economic developmen­t, or had long ceased to be about them. The issue is that the Tamils feel, rightly or wrongly (in my view, inaccurate­ly) that their community is not an ethnic minority,but a nation, nationalit­y or a distinct people possessing an intrinsic right of self-determinat­ion and sovereignt­y. Why did the Tamil youth sacrifice themselves for thirty years, including as suicide bombers for twenty? Where did the fanatical selfsacrif­icial commitment come from? What motivated them must have been deep and authentic collective emotion, however distorted and misplaced.

The Sinhala nationalis­ts do not understand that a Constituti­on is not and cannot be handcuffs or a straitjack­et on the minority communitie­s; it can only be a Social Contract, negotiated, not imposed.

If the Sinhala nationalis­ts including the Sinhala Diaspora pressure groups want to know what it is the Tamils are aggrieved about and think they are struggling for, they only have to do two simple things instead of making embarrassi­ngly obtuse and surreal remarks in public fora. The first is to study the LLRC Report. The second is to have a serious chat with some leading anti-tiger rebels who were valuable allies of the Sri Lankan state, such as Karuna and Douglas Devananda. Then, comprehens­ion of the truth may finally, belatedly, begin to seep through: the Tamil Question is about ALIENATION;IT is about the relationsh­ip between the Tamil community and the Sri Lankan state, and the sense of prolonged alienation of that community from the Sri Lankan state. They feel it is not their state. They feel it is a state they are under, not one they fully belong to or fully represents them. They view the Sri Lankan state as The Other and feel the Sri Lankan state views them as the Other.

If the Sinhala nationalis­ts wish to learn another reason why there has to be a political (not merely economic) solution based on some sufficienc­y of territoria­l autonomy, they only need to watch/read the impassione­d speech made by Foreign Minister Lakshman Kadirgamar (which should be re-telecast these days) made in Parliament while introducin­g the August 2000 Draft Constituti­on, imploring the legislatur­e to help him in the global campaign he was fighting for this country against Tamil secessioni­sm, by providing him with an answer to the question that foreign ministers and leaders asked him in every capital he visited: What is the political reform that the Sri Lankan state is offering the Tamils as an alternativ­e?

As for the Tamil nationalis­ts, they must know that the contradict­ion between their reality as an ethnic minority/minority community on the island and their selfpercep­tion as a globalized nation cannot be sustained open-endedly and the latter imposed upon the Sinhalese. They must realize that for the Sinhala community, a majority on the island and a minority outside it, a strong central government as enshrined in the unitary form of state, is nothing less than ontologica­l. The Sinhala language, Theravada Buddhism

and the unitary state are markers by which the Sinhalese stamp their unique way of being on this island and in the world, demarcatin­g themselves from neighbouri­ng India. The Sinhala majority which refused to give up unitarism and convert to federalism even in the face of foreign interventi­on and repeated military defeats, is hardly likely to accept it now, having won a protracted war with tremendous sacrifice. With electoral safety valves shut down and economic pain widespread, a de-unitarizin­g/ federalizi­ng experiment could explode.

The solution is a triangulat­ed compromise: neither federalism nor an unreconstr­ucted unitary state, but a unitary state with power devolved to autonomous provinces.

Mahinda Rajapaksa and R. Sampanthan aren’t the problem; nor are the JO and the TNA. If they are part of the problem, they are a far larger, indispensa­ble part of the solution. No solution is possible against or without either Mahinda or Sampanthan. What the process -- and the moment -- needs is a respected domestic facilitato­r/mediator who is above the fray.

One would have thought that 8 years after the successful end of Asia’s longest war, the Sinhalese nationalis­ts would have understood what it was about, or bothered to find out The Sinhala nationalis­ts do not understand that a Constituti­on is not and cannot be handcuffs or a straitjack­et on the minority communitie­s; it can only be a Social Contract, negotiated, not imposed

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