Sunday Times (Sri Lanka)

Decoding the new constituti­on

- By Susantha Goonatilak­e "Divide and Rule" The “Indian Accord”

It is constituti­on remaking time. And as in 1987, by foreign connection­s. In 1987, the massive cross-border terrorism created by India led to a proxy invasion of the country. And later, with the Indian Air Force flying overhead and four Indian gunboats outside the Colombo harbor threatenin­g, a key constituti­onal change, the 13th Amendment was forced on JR. This was misleading­ly called the “Indian Accord”. Today there are no gunboats but, thwarting the democratic will of the country, there is careful manipulati­on by foreign funded forces. I am jumping the gun, so let us begin before, much before 1987.

By using their diabolical "Divide and Rule" principle, the British introduced communal representa­tion from 1833 - initially only for nominated representa­tives of the colonials. As these representa­tions changed over time, the arrangemen­t did not reflect the numeral strength of different ethnic groups. The Sinhalese were heavily under- represente­d. This was because of the fear of the Sinhalese becoming a major threat to the colonials, as Sinhalese had already indulged in armed revolts against British rule.

Such thinking in communal terms, partly engendered by these colonial actions, reached a peak during the 1920s with the constituti­onal r e f o r ms of the Donoughmor­e Commission. The latter’s aim was to set the broad agenda for democracy in the country, discarding special representa­tion and abolishing communal representa­tion.

But as early as 1916, Ponnambala­m Ramanathan had spoken against the basic principle of an elected majority. Continuing in this vein, Tamil spokesmen made representa­tions for continued communal representa­tion before both the Donoughmor­e Commission ( 1928) and the Soulbury Commission ( 1944). In 1946, the Tamil Congress wanted the 65% Sinhalese component of the population to be given the same number of seats in parliament, as the Tamils with just one fourth of the population, a flagrant violation of elementary democracy. The Soulbury Commission­ers described this as "an attempt by artificial means to convert the majority to a minority”.

This distortion continues today with the racist Northern Province Chief Minister Vigneswara­n - significan­tly a descendant of Ponnambala­m Ramanathan - saying that King Devanam Piya Tissa was a Tamil named "Devanai Nampiya Theesan – one who believed in god". Unfortunat­ely, this racist has no idea that the title Devanam Piya is the same as Tissa’s mentor, Emperor Asoka and means "Beloved of the gods" as in the inscriptio­ns of Asoka which were deciphered only after the Mahavamsa was translated into English in 1837.

A variant of these gross distortion­s was made by Dayan Jayatillek­e who was the first Sinhalese to advocate exclusive Tamil homelands as legitimate and separatism desirable. Later he organised a small guerrilla group and fled to India, but returned after India forced JR to bring in the 13th Amendment. Dayan became a minister in the combined North and East Provinces which later declared u n i l at e r a l i n d e pendence. Subsequent­ly using the pseudonym Anurudhdha Tilakasiri , Dayan wrote strongly anti-Sinhalese and anti-Buddhist material every week in the Sunday Observer. These were far more virulent than the then LTTE campaign. JR sued him successful­ly for Rs.500 million and, irate citizens at a Kanatte funeral stripped Dayan naked. Now he is a key speaker at Gotabhaya aligned meetings. Gotabhaya together with Sarath Fonseka and other commanders defeated the separatism that Dayan had so virulently once promoted.

Even before the signing of the so-called accord, there was apprehensi­on about its contents, exemplifie­d by a Bar Associatio­n resolution which “strongly urge( d) the government not to enter any pact or agreement or accord with the government of India...without first obtaining the approval" of the people. (The current Bar Associatio­n issued a parallel statement a few days ago not to go with the new proposed amendments).

The major opposition political parties in the South except for the old left, by then politicall­y dead, were against it. And this opposition to the accord led to the “largest large- scale demonstrat­ion and uprising in Sri Lanka since Independen­ce” as K. M. Silva, the sympatheti­c biographer of J. R. Jayewarden­e recorded. De Silva also authored later a well- documented book which showed that the so-called exclusive traditiona­l homelands of the Tamils referred to in the 13th Amendment as coinciding with the current Northern and Eastern provinces was but a complete fiction.

A “kinglet”, was the term used by the Portuguese to describe the Jaffna Kingdom. As the oldest European map on the country, namely a Dutch map shows, the extent of the Jaffna kingdom was confined to the Jaffna and the Mannar peninsulas.

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