KAMALIKA PIERIS

Sri Lanka thinks that it is saddled with nine Provincial Councils because of India. That is not so. India was not interested in setting up nine Provincial Councils in Sri Lanka. India was after something else. India was engineering the partition of Sri Lanka, the creation of a separate sovereign state consisting of the north and east of Sri Lanka 

This issue of how to achieve a separate state in Sri Lanka had been under discussion for at least one year before the Accord was signed.  The text of the Indo- Lanka accord    refers to proposals negotiated from 4.5.1986 to 19.12.1986”.

The Tamil Separatist Movement had discussed the issue with India, prior to the Accord. M Sivasithamparam, A. Amirthalingam,  and R. Sampanthan of the TULF   wrote  to Rajiv Gandhi, Prime Minster of India,  in 1987, drawing attention to the discussion between government of Sri Lanka and the TULF, in 1986, where it was agreed that  the Provincial Councils would have  near absolute” legislative power and the Governor would be a ceremonial head. They had expected a single administrative unit of north and east with legislative and executive powers similar to the powers given to a state in India especially in executive and legislative matters  

Northern Province Chief Minister, C.V.Wigneswaran, stated in 2016, that the Accord, when conceived in 1987 was intended to provide for a merged northern and eastern province. The government of India was expected to obtain this, on behalf of the Tamils of the north and east, in its negotiations with the Government of Sri Lanka, he said.

Nirmala Chandrahasan said in 2020 that there were extensive discussions in Sri Lanka regarding the matter between the J. R .Jayewardene government and the TULF led by Mr. Amithalingam in the period July- August 1986. Secretary to the discussion was Felix Dias Abeysinghe, retired Commissioner of Elections.  

It is now known that there was a third party involved in the discussion, the United States of America. The real power behind the Accord was USA, said analysts.

The full text of the    Indo Lanka Accord was known only after it was signed.  But no one was interested in reading it, because the 13th Amendment was announced soon after and public attention was focused on that Amendment, as well as the Provincial Councils Bill. The text of the Indo-Lanka Accord can be accessed at https://peacemaker.un.org/sites/peacemaker.un.org/files/IN%20LK_870729_Indo-Lanka%20Accord.pdf

This is what the text of the Indo-Lanka Accord of 1987 says:

1. That Sri Lanka is a multi-ethnic, multi-lingual and multi- religious plural society consisting, of Sinhalese, Tamils, Muslims (Moors) and Burgers.
2.  That   each ethnic group has a distinct cultural and linguistic identity, which has to be carefully nurtured.
3. That the northern and the eastern provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples.
4.  The northern and eastern provinces as now constituted, would be merged to form one administrative unit.
5.  Having one elected Provincial Council, one Governor, one Chief Minister and one Board of Ministers.

The creation of a separate administration for the north and east in 1987 was to be the first step in partitioning the island. The next step would be a unilateral declaration of independence. The new state will be immediately recognized by the foreign countries supportive of Eelam.  Thereafter, the new state will apply to join the UN. This will be supported by ‘friendly’ countries.  UN membership will mean international recognition as a separate sovereign state. The partition of Sri Lanka will then become complete and irrevocable. That was the dream plan.

The first step towards this dream was the linking of the north and east. The Indo-Lanka Accord demanded that Northern and Eastern provinces be merged and a single Provincial Council be created. Accordingly, in September 1988 President Jayewardene, using emergency regulations,   declared the Northern and Eastern provinces to be one administrative unit administered by one elected Council.  

  This merger was to be temporary until a referendum was held in the Eastern Province on the matter.  This was to be held by 31 December 1988, but the Sri Lankan president could postpone the referendum at his discretion.  The referendum was never held.  The President of Sri Lanka annually issued a proclamation extending the life of the Council.

  In 1990, Varatharajah Perumal, chief minister for the North-East Provincial Council declared a Unilateral Declaration of Independence (UDI) and fled to India.  President Premadasa  dissolved the Council. The North-east Province was ruled directly from Colombo thereafter.

The merger of North and East was bitterly opposed by those against Tamil separatism.  The combined North Eastern Province occupied one fourth of Sri Lanka,  including most of its coastline.

In 2006, Janatha Vimukthi Peramuna filed petitions against the merger, requesting a separate Provincial Council for the Eastern province.  They said that the merger was illegal. The relevant clause in the Provincial Councils Act had not been amended and the referendum never held.  Supreme Court ruled that the merger was unconstitutional. 

HL de Silva argues and won the case against the north east demerger in Supreme Court. He said this so called ‘temporary merger’ was never confirmed by referendum in the Eastern province. He argued that the Presidents proclamation declaring the northern and eastern provinces a single administrate unit was not in accord with either section 37(1) (b) of the Provincial councils act no 42 of 1987, such as the surrender of weapons and an cessation of hostilities.  The North-East Province was formally de-merged into Northern and Eastern Provinces on 1 January 2007. 

 This dream of Eelam was not something new. The Tamil Separatist Movement was planning a separate unit from the time Sri Lanka became independent. The Tamil politicians were after this from the beginning. There is evidence to support this.

The Tamil elite established a new political party in 1949. It was named Illankai Thamil Arasu Kadchi (ITAK). ”Illankai Thamil Arasu Kadchi means Lanka Tamil State Party”’. This shows that the declared goal of the Tamil Separatist Movement from 1949 onwards was a separate state.

ITAK called itself ‘Federal Party’ to hide the separatist intention and fool the Sri Lanka public. While fooling the public, the Tamil Separatist Movement led by the Tamil elite took every opportunity to strengthen its position.

The BANDARANAIKE-CHELVANAYAGAM PACT of 1957   contained the following:

1. It was decided, in the BC Pact, that the Northern Province is to form one regional area whilst the Eastern Province is to be divided into one or more regional areas.( clause 2)
2. Provision is to be made in the Bill to enable two or more regions to amalgamate even beyond provincial limit. (Clause 3)
3. It was agreed that regional councils would have powers over specified subjects including agriculture, cooperatives, lands and land developments, colonization, education, health, industries, fisheries, housing, social services, electricity, water schemes and roads. ( Clause 5)
4. It was agreed that in the matter of colonization schemes the powers of the Regional Councils shall include the powers to select allottees to whom land within their area of authority shall be alienated and also power to select personnel to be employed for work on such schemes.  The position regarding the area at present administered by the Gal Oya Board in this matter requires consideration(Clause   6)
5. .The Regional Councils shall have powers of taxation and borrowing.(Clause    8)

After the BC Pact came the DUDLEY –CHELVA PACT of 1965. In this Pact it was decided that

1. Action will be taken to establish District Councils in Ceylon vested with powers over subjects to be mutually agreed upon. The government should have power under the law to give directions to such councils under the national interest.
2.   granting of land under colonization schemes the following priorities be observed in the Northern and Eastern provinces
3.  Land in the Northern and Eastern provinces should in the first instance be granted to landless persons in the district. Secondly, to Tamil-speaking persons resident in the Northern and Eastern provinces.  Thirdly, to other citizens in Ceylon, preference being given to Tamil residents in the rest of the island.

The partitioning of islands is nothing new though the idea is fiercely resisted in Sri Lanka. These partitions take place only in significant locations. Here are three partitioned islands in Asia and one land locked state in Africa.

Papua New Guinea became a separate state in 1975. Papua is the eastern half of the island of New Guinea. The partition was helped by the fact that Papua and New Guinea had separate administrations for a long time. Papua has a predominantly Christian population while Guinea is Muslim. Papua has unexploited resources of gold, copper, oil and natural gas 

The kingdom of Brunei was created in 1984 by the partition of Borneo. The other half is divided between Malaysia and Indonesia. Brunei is the third-largest oil producer in Southeast Asia

Timor Leste became independent in 2002 after years of resistance to Indonesian rule. Timor was a Portuguese colony until 1975. Its residents were of Portuguese descent and were Christian. Timor Leste has unexplored reserves of petroleum. South Sudangained independence from Sudan in 2011 after a    lot of fighting and a referendum. It was originally part of Sudan. South Sudan’s population is Christian and African, while Sudan is Muslim and Arab. The rich oil reserves of Sudan are now held by South Sudan.   (Continued)