By: A.A.M.NIZAM – MATARA

Do we need a new constitution for the country and who wants it? Neither the ordinary Sinhala nor Tamil people nor people belonging to other communities ask for a new constitution. What all of them ask for is for a peaceful country in which they can live without fear and favour and without economical hardships.

The 1972 and the 1978 constitutions (difference between the two relates to the Executive Presidency and the electoral process) have served the country without any hindrance to anyone.  It is obviously on the behest of some foreign elements (countries and organisations) and the Tamil diaspora that this government in collaboration with separatist Tamil elements (the dormant/sleeping and turncoat terrorists) attempts to bring in a tailor made new constitution.

The proposed Jayampathi/Sumanthiran constitution, however, will definitely be nothing other than a sugar coated version of the notorious Interim Self Government Authority” (ISGA) proposal made by the LTTE on 1^st November, 2003 to Ranil Wickremasinghe’s  UNP Government through Norwegian facilitation.

The abridged version of the preamble of this document states that bearing in mind that successive Governments of Sri Lanka have perpetrated persecution, discrimination, State violence and State-orchestrated violence against the Tamil People;

Noting that the Tamil people mandated their elected representatives to establish an independent sovereign, secular State for the Tamil people in the elections subsequent to the Vaddukoddai Resolution of 1976;

Determined to establish an interim self-governing authority for the NorthEast region and to provide for the urgent needs of the people of the NorthEast by formulating laws and policies and, effectively and expeditiously executing all resettlement, rehabilitation, reconstruction, and development in the NorthEast;

The Liberation Tigers of Tamil Eelam and the Government of Sri Lanka, hereby agree to the following provisions:  The provisions of the proposal included:

An Interim Self-Governing Authority (ISGA) shall be established comprised of the eight districts namely: Amparai, Batticaloa, Jaffna, Kilinochchi, Mannar, Mullaitivu, Trincomalee and Vavuniya in the NorthEast.

The composition of the ISGA shall be, Members appointed by the LTTE, Members appointed by the Government of Sri Lanka and. Members appointed by the Muslim community in the NorthEast and there shall be an absolute majority of the LTTE appointees in the ISGA.

Free and fair election of members shall be held every five years in accordance with international democratic principles and standards under international observation.

The people of the NorthEast shall be accorded all rights as are provided under international human rights law. Every law, regulation, rule, order or decisions of the ISGA shal1 conform to internationally accepted standards of human rights protection.

No religion shall be given the foremost place in the NorthEast. It will be a Secular entity.

The ISGA shall ensure that there is no discrimination on grounds of religion, race, caste, national or regional origin, age or gender in the NorthEast.

The ISGA shall ensure that no bribery or corruption is permitted in or under its administration.

No law, regulation, rule, order or decision that confers a privilege or imposes a disability on any community, which is not conferred or imposed on any other community, shall be made concerning culture or religion.

The ISGA shall have plenary power for the governance of the NorthEast including powers in relation to resettlement, rehabilitation, reconstruction, and development, including improvement and upgrading of existing services and facilities, raising revenue including imposition of taxes, revenue, levies and duties, law and order, and over land.

Separate institutions for the administration of justice shall be established for the NorthEast, and judicial powers shall be vested in such institutions. The ISGA shall take appropriate measures to ensure the independence of the judges.

The ISGA shall prepare an annual budget.

There shall be a Financial Commission consisting of members appointed by the ISGA. This Commission shall make recommendations as to the amount out of the Consolidated Fund to be allocated to the NorthEast. The GOSL shall make its good faith efforts to implement the recommendation.

The ISGA will, giving due consideration to an equitable distribution, determine the use of funds placed at its disposal. These funds shall include the NorthEast General Fund, the NorthEast Reconstruction Fund (NERF) and the Special Fund.

The GOSL agrees that any and all of its expenditures in or for the NorthEast shall be subject to the control of the ISGA.

The NorthEast General Fund shall be under the control of ISGA and shall consist of:

The proceeds of all grants and loans made by the GOSL to the ISGA and the proceeds of all other loans made to the ISGA.

All allocations by the GOSL from agreements with states, institutions and/or other organizations earmarked for the NorthEast.

All other receipts of the ISGA, other than the funds specified below.

NorthEast Reconstruction Fund

The NERF shall continue to exist in its present form except that control over it will be transferred to the ISGA.

All grants given for the reconstruction of the NorthEast, will be received through the NERF. Utilization of resources from NERF will be directly determined and supervised by the ISGA.

Special Fund  – All loans and any grants which cannot be channeled through the NERF for the specific purpose of RRRD will be received into the Special Fund. As in the case of other Funds, the ISGA shall control the Special Fund.

The ISGA shall have powers to borrow internally and externally, provide guarantees and indemnities, receive aid directly, and engage in or regulate internal and external trade.

The ISGA shall appoint an Auditor General.

All Funds referred to in this Agreement shall be operated, maintained and audited in accordance with internationally accepted accounting and auditing standards. The accounts will be audited by the Auditor General. The auditing of all moneys received from international sources shall be subjected to approval by an internationally-reputed firm appointed by the ISGA.

In the effective exercise of its legislative and executive powers, the ISGA may create District Committees to carry out administration in the districts and delegate to such Committees, such powers as the ISGA may determine. The Chairpersons of such committees shall be appointed by the ISGA from amongst its members in order to serve as a liaison between the ISGA and the Committee. The Chief Administrator of the ISGA shall appoint Principal Executive Officers in the districts, who shall also function as the Secretaries to the Committees. The Chief Administrator shall have the powers to suspend or terminate any such appointment.

The ISGA shall have direction and control over any and all administrative structures and personnel in the NorthEast

The ISGA may, at its discretion, create expert advisory committees in necessary areas. These areas will include but are not limited to Economic Affairs, Financial Affairs, Judicial Affairs, Resettlement and Rehabilitation Affairs, Development of Infrastructure, and Essential Services.

The ISGA shall have the power to alienate and determine the appropriate use of all land in the NorthEast that is not privately owned.

The ISGA shall appoint a Special Commission on Administration of Land to inquire into and report on the rights of dispossessed people over land and land subject to encroachment, notwithstanding the lapse of any time relating to prescription.

The occupation of land by the armed forces of the GOSL, and the denial to the rightful civilian owners of unfettered access to such land, is a violation of the norms of international law. Such land must be immediately vacated and restored to the possession of the previous owners. The GOSL must also compensate the owners for the past dispossession of their land.

The ISGA shall be responsible for the resettlement and rehabilitation of civilians and refugees in such lands.

The ISGA shall have control over the marine and offshore resources of the adjacent seas and the power to regulate access thereto.

The ISGA will have control over the natural resources in the NorthEast region. Existing agreements relating to any such natural resources will continue in force. The GOSL shall ensure that all monies due under such agreements are paid to the ISGA. Any future changes to such existing agreements should be made with the concurrence of the ISGA. Future agreements shall be entered into with the ISGA.

Upper riparian users of river systems have a duty to ensure that there is a fair, equitable and reasonable use of water resources by lower riparian users. The GOSL and the ISGA shall ensure that this internationally recognized principle is followed in the use of water resources.

All future agreements concerning matters under the jurisdiction of the ISGA shall be made with the ISGA. Existing agreements will continue, but the GOSL shall ensure that all proceeds under such agreements are paid to the ISGA. Any changes to such existing agreements should be made with the concurrence of the ISGA.

Where a dispute arises between the Parties to this Agreement as to its interpretation or implementation, and it cannot be resolved by any other means acceptable to the Parties including conciliation by the Royal Norwegian Government, there shall be an arbitration before a tribunal consisting of three members, two of whom shall be appointed by each Party. The third member, who shall be the Chairperson of the tribunal, shall be appointed jointly by the Parties concerned. In the event of any disagreement over the appointment of the Chairperson, the Parties shall ask the President of the International Court of Justice to appoint the Chairperson.

Undoubtedly the foregoing will be the ayampathy/Sumanthiran constitution that this government will attempt to impose and none of these conditions can be accepted. This is in another word granting of the illusory Eelam which megalomaniac Prabhakaran failed to achieve through 30 years of brutal war.

On 4^th November, 2003   Mr. Lakshman Kadiragamar on behalf of the Sri Lanka Freedom Party issued a statement completely rejecting this Norwegian/LTTE proposal saying that the proposal lays the legal foundation for a future, separate, sovereign state and it clearly affect the sovereignty of the Republic of Sri Lanka and violate its Constitution.

Mr. Kadiragaamar emphasized that any final constitutional arrangement must preserve and protect the unity of our people and the unity and territorial integrity of the Republic of Sri Lanka. It must promote unity, not encourage division. The democratic structure of our polity must extend to the whole country. Democracy cannot be enjoyed by the people of the south and be denied to the people of the north and east. He said that there cannot be two governments in Sri Lanka; there can only be one. The SLFP has noted that in the LTTE’s proposals the expression “Republic of Sri Lanka” has never once been mentioned. This omission is not without significance.

He pointed out that Sri Lanka is referred to throughout the proposals as “an island,” as though it were merely a geographical entity consisting of a vacant space within which new contractual (not even constitutional) arrangements could be erected at will by two parties – the UNF government and the LTTE – without any recognition of the indisputable fact that there are many other legitimate stakeholders in the unity, territorial integrity and sovereignty of the Republic of Sri Lanka.

Rejecting the proposal completely Mr. Kadiragamat also gave a detailed analysis of the proposal and hence it is the prime duty of Sirisena and his lap dog SLFPers in the government to reject the Jayampathy/Sumanthiran constitution totally and vote against it..

The veteran journalist Mr. Iqbal Attas writing to Sunday Times pointed that the ISGA is clearly outside Sri Lanka’s constitution and Laws.  He pointed out that the arrangements demanded will be without any Government control. Yet the rebels want funds from the Government, including those accruing from the North-East.

Mr. Attas also stressed that the LTTE want the armed forces immediately to vacate land in the North and East and allow civilian owners “unfettered access.” They also want compensation paid to these civilians for past dispossession. Conceding this demand in the northern Jaffna peninsula would make both the Palaly airbase, the only air link to the rest of the country, and the ports of Karainagar and Kankesanthurai vulnerable. Similarly, in Vavuniya, it will make the airstrip and a large military base totally vulnerable. The north-eastern China Bay airbase in Trincomalee would also be placed in a precarious position, he said.