How the Nation Benefits from Legal Action against TNA
Posted on March 10th, 2012
Dilrook Kannangara
Hope of peace, prosperity and harmony lit up throughout the island in May 2009 following the elimination of worldƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s most ruthless terrorist organisation which is still banned in over 32 nations. Most appropriately the president declared that there arenƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t anymore ethnic majorities and minorities. He further stated that there are only two groups of people ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” those who love the Sri Lankan nation and those who donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t. His new vision based on inclusiveness was praised by most Sri Lankans. However, Sri Lanka lost its way thereafter. Three years later, although people enjoy better security, absence of terror and higher economic growth, there is again uncertainty of the future, threats to ethnic integration, the threat of more and more mono ethnic enclaves and the risk of returning back to old gloom through demilitarisation.
Possible Charges against the TNA
Tamil National Alliance (TNA) tirelessly worked to divide the social fabric of the nation along ethnic lines and create ethnic discord. Today TNA is the main stumbling block towards national integration. Prima facie, TNA has violated many laws and these must be investigated and action must be taken against it so that people will be free to integrate with one another. On the face of it, TNA appears to have committed the following offences.
1. Conspiracy to commit an offence by intending to cause the commission of acts of violence through inciting communal disharmony by words either spoken or intended to be read or by signs or by visible representations or otherwise, through conduct, demands, public statements, singling out ethnic communities, conniving with the LTTE politically and otherwise, conspiring with external parties for the commission of these acts and by other means.
2. Abetting, instigating, promoting or otherwise encouraging specified terrorist activities by sharing the same political ideology as the LTTE, airing LTTE concerns in political stages, participation in LTTE organised events, having secret and other meetings with the LTTE after 2006 when hostilities resumed, allowing membership to deal with the LTTE in goods and various other means.
3. Supporting separatism by way of upholding the Vadukoddai Resolution, not publicly denouncing it, making demands inconsistent with the Constitution and the unitary status of the nation, complaining about ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Sinhala colonizationƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ of part of the unitary nation, association with armed separatist groups including the LTTE on political matters, orchestrating with external parties on separatism and by other means.
Additional Significant Wrongs
In addition, TNA constantly promote racism through racially exclusive identity (Tamil National Alliance), racially exclusive demands (Tamil grievances, Tamil homelands and Tamil aspirations) and spewing hatred towards other ethnic groups that share this island nation in equal terms. TNA is currently in the process of expelling an elected TNA Member of Parliament due to his Sinhalese name. These are highly discriminatory and racist moves that must be stopped for national integration and reconciliation.
TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s racist campaign has driven a wedge between ethnic communities, which, prevents ethnic integration. TNA manipulates its sizable Tamil vote base with racism, separatism and hatred towards other ethnic communities.
Today there is no trace of LTTE in the island. However, TNA still continues with the LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s separatist ideology. If not for the TNA, LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s separatist ideology would be totally out of the country.
Legal action against TNA must be initiated. TNA must be brought under the law of the land and must be contained or banned.
Benefits of Legally Constraining the TNA
1. TNA and its constituent parties including ITAK are the largest political representation in the electoral districts of Jaffna and Vanni. In addition, it is the largest winner of Tamil votes in the districts of Trincomlaee, Batticaloa and Ampara. Due to TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s racist conduct, Tamils in these districts are misled and driven towards separatism, hatred towards persons of other ethnic communities and instigated towards violent means to achieve separatism.
http://www.tamilnet.com/art.html?catid=13&artid=31308
Legally constraining TNA can put an end to this dangerous development helping integration and reconciliation.
2. TNA is the only organisation in the country that continues with the LTTE ideology. Therefore by restraining TNA by legal means, proliferation of the separatist ideology of the LTTE can be stopped.
3. TNA has violated the supreme law of the country ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” the Constitution ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” on many counts by promoting separatism. This is a crime punishable by law. By punishing the TNA, the law concerning separatism takes charge over matters and more importantly deters other potential separatists.
4. Although the LTTE has been eliminated from the island, the LTTE rump is still active within Tamil enclaves in rich western cities. Sections of the Tamil Diaspora still financially and morally support the LTTE rump. TNA is the connector of the LTTE rump in foreign countries and the grassroots level Tamil constituents in Sri Lanka. By dismantling the TNA legally, this highly dangerous connector of locals with the LTTE rump can be eliminated freeing local Tamil people from the overseas LTTE rump.
5. Tamil separatism and intolerance of non-Tamils is ripe in Tamil Nadu, India. Since Tamil Nadu is over 98% Tamil and hence Tamil only, people in Tamil Nadu donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t get the opportunity to integrate with non-Tamils. As a result Tamil Nadu has become a breeding ground of Tamil racism. TNA acts as the connection device between Tamil Nadu hardcore Tamil nationalist elements and local Tamils. This can lead to various unhealthy developments including the importation of Tamil nationalism from Tamil Nadu, violent elements, illegal immigrants and other undesirable elements. By dismantling the TNA, these threats can be nullified.
6. TNA leaders held discussions with leaders of other nations including Hillary Clinton, Jayalalitha Jeyaram and others. Owing to TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s ideology of Tamil exclusiveness, these discussions and interactions become extremely dangerous to non-Tamils living in the island. TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s official status as a parliamentary group allows it parliamentary privileges that it uses against national interests.
7. TNA, its members, voters, officers, connections, networks, parliamentary privileges of its MPs and other infrastructure are used by external conspirators for regime change operations. While democratic means of regime change is perfectly acceptable, externally sponsored regime change operations are not. These TNA connections are also used to discredit Sri Lanka over war crimes allegations. War crimes allegations cooked up overseas are channelled to local Tamils through the TNA and its membership. These highly racially inflammable concocted stories poison racial harmony. Banning TNA legally can alleviate these dangers.
8. Separatist elements use TNA to agitate for violence, separatism and racial hatred. Recently a group of Tamil intellectuals petitioned the TNA against any compromise. Following this petition, TNA resorted to an even more hardline stand. These hardcore Tamil separatist petitioners include academics, doctors, lawyers, school teachers and various other professionals who interact with hundreds of civilians daily. The potential harm they can cause to ethnic integration and reconciliation enormous. In the absence of the TNA, they would not have anything to turn to execute their separatist and hate-filled agenda.
9. The mere name Tamil National Alliance is a threat to territorial integrity, sovereignty and unitary status of the nation. It promotes a Tamil nation within the island nation. Its name must be banned from use. It also gives the wrong impression to the outside world that Sri Lanka accepts the doctrine of a Tamil Nation by allowing Tamil National Alliance.
10. Dismantling TNA does not affect choice for the voters. TNA received only 3% of votes at the April 2010 General Election which means 97% of voters will be totally unaffected by its ban. With a total Tamil population percentage of 18.5% as per the 1981 census, TNA votes accounts for only 16% of their total votes which is insignificant. Over 84% Tamils are not TNA voters. Recipients of an immaterial 3% of votes should not be allowed to hold 20 million people to ransom or claim to govern 37% of the land area of the island. Dismantling TNA saves the insignificant 3% mislead voters from continued racial hatred and ethnic discord promoted by the TNA.
11. TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s predecessor Tamil United Liberation Front (TULF) was banned in 1979 for promoting separatism and violence. Banning the TULF created conditions for more moderate politicians (Dr Neelan Thiruchelvam) and moderate political parties to emerge from the Tamil community in the north and the east. Dr Neelan Thiruchelvam worked closely with the government to amicably resolve differences. Even Appapillai Amirthalingam who followed TULFƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s hardline Tamil racist line of thinking was compelled to become more moderate following the ban. Today the TULF is headed by another relatively moderate politician by the name Veerasingham Anandasangaree. Banning the TNA therefore is actually a favour to the TNA which will make it more cooperative and moderate. Had the TULF of 1977 notoriety allowed to continue, it would have caused extreme hardships to people of all ethnic groups. Similarly TNA should not be allowed to continue along its destructive and racist path. Banning it allows moderates to take control of the party.
12. Northern development has little support from the people living in the north because of the hate campaign of the TNA. If TNA is dismantled, people will come forward to accelerate the current development initiative. It can benefit everyone and create an atmosphere of cooperation and trust.
13. TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s uncooperative and racist approach is the main reason why the Northern Provincial Council cannot be established through an election. All other eight (8) provincial councils function normally. Dismantling TNA will pave the way for cooperative political forces to peacefully get elected to the northern provincial council and carry out its day to day functions without being hijacked by racism spewed by TNA.
14. If TNA is banned, Tamil civil society members can directly take part in all party discussions on national integration and reconciliation. There will not be any hiccup in the negotiation and consultation process. In fact, it will be much better if sensible Tamil intellectuals take it over from TNA.
15. Ethnicity based political parties should be disallowed from contesting elections or representing in parliament. Banning TNA will be the first step.
16. Western interferers are placing too much emphasis on certain selected LLRC recommendations. They have picked and chosen only some recommendation that benefit only Tamils. LLRC recommendations that benefit non-Tamils are not identified in the US resolution at UNHRC! This selective implementation of LLRC recommendations favours TNA to strengthen its stranglehold and weaken other more moderate political parties. Western geopolitical conspiracies can be defeated by dismantling the TNA and replacing it with moderates. Such a move is the perfect antidote against western resolutions against Sri Lanka. A civilian initiated legal action is the best way forward as it relies on judicial independence and legal representation without state involvement in the process. There is nothing western interferers can do about it. Any attempt would be interfering with the judicial independence which directly goes against even the US resolution on Sri Lanka that calls for the establishment of an independent judiciary!
17. Armed struggle for a Tamil nation by the LTTE was instigated and installed in the heads of LTTE leaders by Tamil ethnicity based political parties, mainly the ITAK which is the main constituent party of TNA. LTTE leader Prabakaran took to experimenting with bombs at the age of 18. He was no ideological leader! However, he drew ideology from ITAK racist propaganda calling for a separate Tamil nation. Most, if not all, LTTE cadres didnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t know what their ideology was, how good or bad it was and what other alternative they had. But they knew what to fight for which was laid down on them by successive Tamil extremist political parties including the ITAK.
Unless TNA is banned, its hate mongering campaign will poison the minds of many youngsters in the north who rely on the largest political party in the north for political ideology and guidance. Without banning the TNA, it will be just a matter of time since another Tamil armed group emerged. The ideology is there on the ground, activists are also there; only weapons lack. Events around the world indicate the ease at which weapons can be given to any anti-government group anywhere in the world.
Legal action against TNA should not be delayed. National security and the success of national ethnic integration plans hinges on the swift dismantling of the TNA.
March 10th, 2012 at 1:41 pm
What RNA doing is sabotage. They should not be allowed to continue that. This govt incarcerated SF and tried to weaken SF simply by bringing court case after court case. That is simply self serving for the president.
Instead, TNA should be the one which should be banned and sued.
March 10th, 2012 at 2:40 pm
The compilation of the evidence available on the TREASONOUS and CRIMINAL acts of the Tiger Nominated Agents of the TNA should be undertaken first to support PROSECUTION, CONVICTION and PUNISHMENT of the TNA.
It is only after these steps have been taken, and the TNA is convicted, that the GOSL can take the necessary steps to BAN the TNA as a part of that PUNISHMENT.
There is ample evidence of the TNA serving as an LTTE proxy, of collaborating with foreign Eelamis such as Vaiko in the Wanni, of asking foreign countries (India, US, EU) to intervene militarily in Sri Lanka, of supporting the use of children as child soldiers and human bombs, ad infinitum, ad nauseam.
In addition to PROSECUTING the TNA under CURRENT TREASON and CRIMINAL laws, the GOSL should ENACT and strictly ENFORCE a NEW national law that bans ALL political parties and organizations (such as the TNA, SLMC and the JHU) pursuing COMMUNAL agendas that divide society along communal lines, pit different communities against each other by demanding special rights based on communal attributes, and disrupt the peace.
March 10th, 2012 at 2:41 pm
Keep agitating, action is in the pipeline. DEFEND LANKA PATRIOTIC FOUNDATION IS IN THE MAKING. TNA ANA,RAYAPPU AND 31 ARE ONLY THE CRABS IN THE BOILING POT. Rally round the DLPF.
March 10th, 2012 at 3:06 pm
This has to happen SOON and should be seen as RETALIATION on TNA for supporting the anti-SL resolution. Otherwise its effectiveness reduces.
“In addition to PROSECUTING the TNA under CURRENT TREASON and CRIMINAL laws, the GOSL should ENACT and strictly ENFORCE a NEW national law that bans ALL political parties and organizations (such as the TNA, SLMC and the JHU) pursuing COMMUNAL agendas that divide society along communal lines, pit different communities against each other by demanding special rights based on communal attributes, and disrupt the peace.”
March 10th, 2012 at 3:24 pm
Noone can findout about Terrorism where they are, who they are, what are they doing now.
LTTE Terrorism live. Organisers of Terrorism from Tamils in Sri Lanka in highest safty Locations in the world.
Innocent Tamils , uneducated and poor boys and girls were killed in Sri Lanka. Now TNA Tamil Catholic Churches and rest of Tamils are in the net of Tamil Terrorism. We Sri Lankans show our unity and stregnth to defeat the Terrorism.
Who are the real enemy of us? Where are they? what are they doing?
March 10th, 2012 at 3:44 pm
Real enemies are TNA, TNA and TNA.
Bust them up and most problems will be resolved.
March 10th, 2012 at 5:29 pm
Well said! Lets kick the TNA and Parippu Joseph out of SL. They can go to any country they want (that will accept such trash) and leave SL alone for all people who think themselves as Sri Lankans regardless of their ethnicity, religion or political ideology.
March 10th, 2012 at 5:36 pm
Thurai, Lorenso and mjaya re very correct. Let us all be united to banish the menace from our country. DD’s strategy also must be adopted. who knows Rtd. Col. Anil Amerasinghe’s contavt numbers. pl.send it through the reliable source.
March 10th, 2012 at 9:20 pm
Special thanks to Dilrook for projecting the “Rule of Law” charcateristics.
Federal Party itself misled the general populace that its federalism that they are calling for, while propagating “Tamil Governing/Kingdom Party” to the general Tamil populace.
For the last 63 years SriLanka has been tolerating the hidden separatism promoted by the previous and current Tamil politicians. Our previous heads of state have been dancing to the tunes of India, and trying to show that they are practicing diplomacy, while LTTE was building their resources: weapons and cadre within their unit. Credit goes to the current President to have taken that bold decision to wipe out LTTE from the face of the earth. However, others have let some hot shot LTTE cadre to escape from the country. Now those drifters are plotting to destroy SriLanka from their overseas bases. Those Tamil Diaspora do not care for the country that gave them free health, free education etc.
The question now is:
1. Will US allow a Communist Party to be floated in their soil?
2. Will US allow a Trans National Government of Native Red Indians to be floated?
3. In general, will the European nations allow such activities against their own country?
4. Will US tolerate politicians to float political parties based on their ethnic groups? E.g. Spanish, Indian, German etc.
There are lot of questions to be asked. SriLanka has been quite magnanimous and generous towards us Tamils by tolerating for the last 63 years. What is the end result? We have poured billions of dollars down the drain to fight terrorism and enter into diplomatic dialogue in various countries.
Dilrook is correct in that time has come now to take a bold decision to ban all racial parties, and any party that is based on their ethnic group, and strip them of civic rights, and convict, if necessary, as criminals against the state.
Well, may be, that’s what US may possibly do in such a situation, and India has already a criminal code to arrest and convict citizens who are against the state. Why wait in SriLanka? Ban all racial, separatist political parties and convict all citizens who are against the state. Revoke the 13+++ amendments.
All people, in SriLanka should remember that they should put their differences aside and unit. UNP, SLFP difference, Low Country, Up country difference, all should be put to the garbage bin and people should unite as ‘SRILANKAN”.
LET US ALL WAKE UP!
March 11th, 2012 at 1:37 am
While we are discussing issues of racism and discrimination I am going to throw a cat among the pigeons. Perhaps all special laws for any particular community or religion, eg Thesavalamai, state sponsored or “national” religion, polygamous religious marriages etc must be reviewed to see whether they marginalize other communities or pass the test of racial or religious discrimination etc.
March 11th, 2012 at 1:55 am
Stanely Perera, I know TNA and their expired leaders are root of Terrorism. Now under Uruthirakumar and
others TGTE (Transnational Government of TamilEelam) WTF & BTF (Tamil Forum all over the world) are
Dangerous Terrorisim. Those Tamils who have Tamil in Front of their Parties and Organisations are
working with several Type of underground movements. If there is no TNA Uruthirakumar & Terrorism & co
will be shouting more than now. We have to unite ourself to stop TNA & TGTE at the same time.
Even now low cast people are not allowed to drink water from public wells in some areas in Jaffna.
They reject pipe well also to share with lowcast. TNA & TGTE have not courage to fight against
their own people who violate human rights. TNA & TGTE want world wide support to
accuse Sri Lanka. I accept with you But how to give a chance to the Terrorism again.
The situation is worst in Tamilnadu than in Jaffna. How they Dravida & Tamil politicians work together
to cheat their own people and the world by accusing Sri Lanka. We have to destroy a Hill which made of sand really.
March 11th, 2012 at 3:12 am
Dear Dilrook Kannangara!
I have been following your articles in Lankaweb for sometime. As Mr. Staley Perea poits out, it is time & his organization that started the process to get our HE President advised of solutions & banning of TNA.
Not only that they must be held accountable for atrocities conducted ny LTTE during the war. As in Canada, with her relationship with French speaking province of Quebec, we also should ask ” WHAT DOES TNA, LTTE & Tamils want”?. Howver much we give, they are not satisfied.
In Quebec their political leaders WHEN ASKED what do they want..They contemplated and said ” Maximum benefits & even little NOW & more later”. They also had the nerve to say at the same time, after getting all benefits, THAT THEY WILL leave the Canadian federation.
Now the so called Tamils in Canada can take advice from Stalnley Perera & other law abiding citizens including expats that enough of the de-stablizing, anti Sri Lanka pronounemnts. Once they are banned another OFFICIAL SUPPORTER will be gone.
I fully support writers to lankaweb & pther newpapers to band togeter and produce an effective case to bring these CASTE, RACIALLY biased TNA & its supporters to Justice.
We all should support Mr. Stanley Perera’s efforts. Finally, then we can get rid of this nuisance called TNA which are draining our resouces………Thank you all for your valuable comments & support……~ Gamunu, Retd Engr-Canada
March 11th, 2012 at 6:11 am
Dear all, Any volunteers for the office bearers in the proposed DEFEND LANKA PATRIOTIC FOUNDATION?
March 11th, 2012 at 6:56 am
Article 157A of the 6th Amendment to the Constitution under the Heading “Prohibition against violation of territorial integrity of Sri Lanka” clearly states the following:
157A. (1) No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.
(2) No political party or other association or organisation shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.
(3) Any person who acts in contravention of the provisions of paragraph (1) shall, on conviction by the Court of Appeal, after trial on indictment and according to such procedure as may be prescribed by law,—
The punishment for a Member of Parliament / Political Party or other association or Organization is also clearly given.
(d) if he is a Member of Parliament or a person in such service or holding such office as is referred to in paragraph (1) of Article 165, cease to be such Member or to be in such service or to hold such office
(4) Where any political party or other association or organisation has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka, any person may make an application to the Supreme Court for a declaration that such political party or other association or organisation has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka. The Secretary or other officer of such political party or other association or organisation shall be made a respondent to such application.
Please read this section for anyone who is interested…. ACTION SHOULD HAVE BEEN TAKEN AGAINST THE TNA long long years ago…it is not too late still…
March 11th, 2012 at 8:41 am
shenali – You have brought out a very important aspect of this “proposed law suite” against TNA by quoting the relevant constitutional provisions. Now can you also help us to understand how controvention of these provisions of the Sri Lanka Constitution arises when read along with the provisions of the relevant political parties’ constitutions or manifestoes.
To do this, I presume, we should be well aware of the constitutions/manifestoes of the relevant parties, such as specified in above comments viz. TNA, SLMC, JHU etc. This has direct reference to Article 157A (2) quoted above.
This could be explained in a seperate relevant detailed article, so that it would help to boost the support for the course of action that is contemplated in the future against these political parties : TNA,SLMC,JHU etc.
Thank you.
March 11th, 2012 at 9:04 am
The strongly founded TULF (Tamil united Liberation Front) could not defeat one man named Late Mr.Duraiyappa.
TULF incited youths against Duraiyaapa and killed him. We have to start the work of Late Duraiyappa again
in the North to win the hearts of Tamils. The Solution by law and Arms allways Temporarally.
We must work for long lasting peace and Far distance goals.
March 11th, 2012 at 12:50 pm
SLMC and JHU should be kept out of this.
There is nothing against them at this stage.
TNA is the ONLY problem at this stage. We should punish them and THEN move to others.
One donkey at a time.
March 11th, 2012 at 1:01 pm
Thurai,
He ONLY won in the Jaffna MC which is STILL under SLFP control today.
This was the ONLY thing a NON TAMIL RACIST party won in the north. He didn’t win hearts and minds of Jaffna PENINSULA people. ITAK and ACTC – 2 Tamil racist parties – were the winners who were MUCH MORE popular than Duraiyappa.
Killing him made them even more popular and TULF became the main opposition with the highest ever number of seats won by any Tamil racist party in the world in national parliament.
The Duraiyappa model does not work (as it didn’t in the 1970s). The EPDP model works very well. That is how UPFA won the 2009 Jaffna MC election and STILL stays in power without suffering the fate of Duraiyappa, Pon Sivapalan, Sarojini, etc.
Tamils should win the hearts and minds of the government now. The government has done enough for them.
March 11th, 2012 at 1:37 pm
As Shenali points out, Sri Lanka’s Constitution prohibits Separatist activities by both individuals and organizations, political or non-political.
These provisions in Sri Lanka’s highest legal document … the Constitution … that declares SEPARATISM to be TREASON are in addition to other provisions in Sri Lankan law against both TREASON & CRIMINALITY.
However, as I understand it, COMMUNAL organizations that demonize segments of society and pit them against each other by demanding special rights unavailable to other citizens are not yet illegal. These organizations and individuals create the dissatisfaction and the societal conditions necessary for subsequent calls for a separate existence, and if necessary, an armed struggle to attain it.
The TNA, in contrast to the SunGod’s heyday, is now saying they are not asking for a physically separate state, but “only for autonomy” within a unified Sri Lanka.
All of their activities in support of that autonomy, however, constitute special rights for Tamils-only, that supplement the equal rights they already enjoy as Sri Lankan citizens. Therefore, they are fundamentally communal and racist in nature and are creating discord in society.
For that reason, a NEW law, prohibiting such communal activities that generate discord between communities through their demands for special rights that would be discriminatory towards other citizens is urgently needed.
However, as I pointed out before, the laws against TREASONOUS and CRIMINAL activities already on the books in Sri Lanka are sufficient to PROSECUTE, CONVICT and PUNISH the TNA on the basis of EXISTING & AVAILABLE evidence on their activities during the last three decades.
March 11th, 2012 at 2:04 pm
Shenali thank you for pointing out the provisions of the Constitution under the heading “Prohibition against violation of territorial integrity of Sri Lanka” .
The Election Commissioner has been sleeping the last 35 odd years when he/they found spurious reasons for banning 54 applications to contest elections.
But, here you found an absolute gem!
Perhaps, you would like to interpret or argue the case of “support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka” in a Court of Law or even bring it to the notice of the Election Commissioner if he did not have knowledge of it already.
March 11th, 2012 at 2:31 pm
The PERILS of UNINTENDED Government Sponsored COMMUNALISM.
In India, aid and “reserved jobs” are available to the poor belonging to certain “scheduled” or “historically disadvantaged” castes within a government sponsored affirmative action program. The motives are entirely altruistic, but the effects are catastrophic to the integrity of Indian society.
If you are poor but do not belong one of those “listed” castes, you are out of luck. This has led to much dissatisfaction, civil discord, even riots, immolations and killings in India.
This has also led to a “landrush” to become a disadvantaged class, with much elbowing and jockeying for position along the way. As an Indian Supreme Court judge once observed “there is no other country in the world where people compete so vigorously to degrade themselves in social status simply in order to gain government benefits.”
There are reports of vast numbers of very poor high-caste Brahamins in New Delhi and other big Indian cities cleaning toilets, serving as porters, and pulling rickshaws. They are unable to qualify for government aid or reserved jobs … because though poor, they are Brahamin; apparently, they are “clean” but not “untouchable”!
Now, the 162-million strong Muslims of India (13.4% of 1201 million) have woken up to the indisputable fact that in Hindu majority India they have lost ground, are economically disadvantaged, and are suffering from abject poverty. They are now demanding government aid for their poor as a religious group, a move vigorously resisted by those already on board the gravy train. More dissatisfaction and violence is in the offing in mother India.
All of this DEMONSTRATES the STUPENDOUS FOLLY of segmenting one’s citizenry on communal bases for the allocation of national benefits: it SIMPLY PITS communities against one another.
So what is the solution, you may well ask? The SOLUTION is to allocate government benefits (money, land, jobs, whatever) on the basis of DEMONSTRABLE NEED ONLY, not on COMMUNAL BASES of race, religion, language, caste, or sex.
Even so, the wealthy are likely to oppose government handouts … they would rather let the poverty stricken to be left to die, piously pronouncing that it arises from their karmic destiny.
But, there is a better way: provide aid, jobs, training and infrastructure to the needy and uplift them to self-sufficiency. Otherwise, the wealthy may not survive to keep their heads for long … as was demonstrated on Bastille day on the 14th July, 1789 in Paris, France.
All of this should TEACH US SOMETHING about the FOLLY OF PANDERING to Racist Calls for special treatment by the TNA. Allocation of Special Rights to certain people while denying them to others leads not to satisfaction and peace, but to PERMANENT dissatisfaction and discord.
Those who gain in the short term against their fellows, will lose their heads ion the long term.
…………..
India Eyes Muslims Left Behind by Quota System
By Jim Yardley
NewYporkTimes.com
March 09, 2012
MUZAFFARNAGAR, India — Along the narrow lane known as Khadar Wallah, Muslims and low-caste Hindus have lived side by side for years, bound by poverty, if not religion. Yet recently, Muslims like Murtaza Mansuri have noticed a change. Their neighbors have become better off.
Many of the Dalits, the low-caste Hindus once known as untouchables, have gotten government jobs, or slots in public universities, opportunities that have meant stable salaries and nicer homes. And to Mr. Mansuri the reason is clear: the affirmative action quotas for low-caste Hindus, a policy known in India as reservation, which is not explicitly available to Muslims.
….More
March 11th, 2012 at 8:37 pm
Thanks everyone for valuable comments.
As Shenali says section 157A of the Constitution plus PTA, Public Security Ordinance, Section 138 of the Penal Code, Emergency Regulations (that were existence at the time TNA committed some crimes) and any other relevant laws should be associated with this case. Though it appears straighforward, Tamil parties after the TULF incident are careful to avoid section 157A. We need a watertight case.
Tissanayagam was found guilty of similar crimes for instigating racial hatred and violence. It was a text book case. Even his lawyers didn’t challenge these charges as they were obvious. They only challenged procedural flaws. TNA is any times more guilty than him.
March 12th, 2012 at 2:14 am
Lorenzo, If TNA and their supporters are only elements which disturb SLG what about TGTE and their supporters
world wide. How can we handle the Terrorrist who live outside and giving trouble and cheating the world?
Tamils suffered by LTTE Terrorism and during the war and end of the war. Sinhalese soldiers didicated their life for freedom. Tamils from north and east have no leaders upto now to guide them in the rightway.
Tamils from N&E are like childrens who have no good parents and education. Do you want to put them in Jail?
The Tamils communities donn´t love each others. Noone can help them until their Heart change.
Banning Politicians and parties who use the Name of Language or Religion in Sri Lanka is advisable than
attacking only TNA .
March 12th, 2012 at 1:00 pm
Thurai,
Only a very few of the TGTE are engaged in illegal acts according to the International Law or laws of these countries. We cannot do much against them.
“Tamils from north and east have no leaders upto now to guide them in the rightway.”
Whose fault is that? Its THEIR fault! They voted these racists with “T” racist names at EVERY election.
Sure. All racist parties should be banned. But JHU and SLMC did NOT contest the last election. They DROPPED their race card and joined with other MULTIETHNIC parties. TNA is the ONLY racist party that won seats at the last election.
TNA and other “T” racist parties are the LARGEST among all racist parties ever. TNA has 14 seats.
That is why TNA should be busted.
March 12th, 2012 at 1:15 pm
Good one, Dilrook. Thanks.
————
I think this is the most dangerous role of the TNA : “TNA is the connector of the LTTE rump in foreign countries and the grassroots level Tamil constituents in Sri Lanka”.
Time to prosecute the TNA. Lankans have delayed too long.
March 12th, 2012 at 1:20 pm
//Only a very few of the TGTE are engaged in illegal acts according to the International Law or laws of these countries. We cannot do much against them.// Lorenzo
The Tamils who live abroad are more responsile than Tamil in Sri Lanka for the last 30 years Terrorism.
They live around the world and never sleep. If there is no TNA TGTE will be considered as only
representaive of Sri Lankans Tamils. This sitution may give chance to play a political game
for lands who interested in our region.
March 12th, 2012 at 3:15 pm
Dilrook
I do wish you would get your facts right.
JST was found guilty of accepting money from the terrorist LTTE. (ie Subscriptions for his Magazine). I do believe the Ministry of Defense subscribed for the same.
http://rajivawijesinha.wordpress.com/2010/05/07/tissainayagam-%E2%80%93-a-national-and-international-tragedy/
From our erstwhile Professor
“Tissainayagam to me was one who was pushed as it were into support of the LTTE. I have not yet read the judgment, but from what I have seen of the case that was presented, it seems to me that he was unwilling to go too far. Thus, when the LTTE offered him money, he tried to refuse, and it was only when he saw no alternative that he accepted what they gave. Again, as the thoughtful foreign journalist put it, though Tissainayagam’s writings were ‘largely critical analysis from a very obvious point of view’, they were ‘without some of the madder claims like genocide’. In short, Tissainayagam tried to maintain some sort of journalistic integrity, and in that regard he deserves sympathetic consideration, unlike those who falsify with no compunction.”
March 12th, 2012 at 3:18 pm
“If there is no TNA TGTE will be considered as only representaive of Sri Lankans Tamils.”
NO WAY! TGTE cannot even land in SL let alone representing SL Tamils!
Tamil representatives will be CWC, EPDP, EPRLF, etc.
They must be democratically elected by people of SL to be REPRESENTATIVES of ANY SL people.
PLUS non-Tamils can also represent Tamils.
e.g. The President is the representative of ALL SLs whatever the race is at UN, etc.
Don’t try to save TNA.
TNA MUST be destroyed. If legal action fails, illegal action should be taken against TNA to DESTROY it.
March 12th, 2012 at 7:19 pm
Marco,
Read the charge sheet and the verdict without relying on hearsay.
The charges:
1. The accused together with unknown persons conspired to commit an offence by intending to cause the commission of acts of violence through inciting communal disharmony by words either spoken or intended to be read or by signs or by visible representations or otherwise, through the printing or distribution of the publication North Eastern Monthly magazine.
2. An offence by the accused himself has been committed by intending to cause the commission of acts of violence through inciting racial or communal disharmony by words either spoken or intended to be read or by signs or by visible representations or otherwise, through the printing or distribution of the publication North Eastern Monthly Magazine.
3. The third charge under the Emergency Regulations of 2006 relates to acting in furtherance of specified terrorist activities, (“specified terrorist activities” being defined as offences under the PTA) by contributing or collecting or obtaining information relating to the purpose of terrorism through the collection of funds for the North Eastern Monthly magazine.
The High Court Trial was concluded on 31 August 2009 with the determination of the Court (in summary) as follows:
(i) Mr Tissainayagam found guilty of Charge 1 and sentenced to five (5) years’ imprisonment;
(ii) Mr Tissainayagam found guilty of Charge 2 and sentenced to five (5) years’ imprisonment; and
(iii) Mr Tissainayagam found guilty of Charge 3 and sentenced to ten (10) years’ imprisonment.
March 12th, 2012 at 7:22 pm
These charges and many more can be easily be brought against all TNA operatives today. 20 years in RI altogether. That should teach anyone why not to engage in these acts.