{"id":55812,"date":"2016-06-22T13:15:30","date_gmt":"2016-06-22T19:15:30","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=55812"},"modified":"2016-06-21T03:57:24","modified_gmt":"2016-06-21T10:57:24","slug":"the-npc-resolution-and-constitutional-changes-irrationality-and-dangers-of-federalism-in-sri-lanka","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2016\/06\/22\/the-npc-resolution-and-constitutional-changes-irrationality-and-dangers-of-federalism-in-sri-lanka\/","title":{"rendered":"The NPC Resolution and Constitutional Changes Irrationality and Dangers of Federalism in Sri Lanka:"},"content":{"rendered":"

M.L.WICKRAMASINGHE<\/em><\/span><\/h2>\n

The Public Representations Committee on Constitutional Reform in Sri Lanka has published its report. The Northern Provincial Council (NPC) adopted a resolution on constitutional changes. Although presented unconstitutionally NPC proposal \u00a0should be studied. It is the responsibility of all Sri Lankan citizens belonging to all ethnic groups and political ideologies to begin discussions on various new Constitutional proposals placed on the Table and voice their opinions as the final version would vitally affect the future of their children and grand children. This short article is a contribution to that public dialogue on the NPC proposals done without rancor and undue emotion based on rational arguments and empirical evidence.<\/p>\n

The NPC resolution among many other demands reportedly calls for a fundamental change in the system of governance from unitary to federal; an amalgamation of the north and east; establishment of a North Eastern State Assembly; and an autonomous area for Muslims in the N-E state, and for Tamils in the Hill country; and a substantial reduction of the powers of the Sri Lankan Central Government.<\/p>\n

In short what NPC demands is a federal system in which territory is singularly defined and demarcated by ethnicity and language. Federalism has different forms. A researcher on federalism, Henry Hale, of Indiana University, USA, states: An ethnofederal state is a federal state in which at least one constituent territorial governance unit is intentionally associated with a specific ethnic category (Henry E. Hale, Divided We Stand: Institutional Sources of Ethnofederal State Survival and Collapse,\u201d World Politics, Vol. 56, 2004, p. 167). Hence what NPC desires is a sub-type of federalism and technically named \u2018ethnofederalism\u2019 or ethnic federalism.<\/p>\n

Research Evidence: High Risk and Low Risk Ethnic Configurations <\/strong><\/p>\n

Research has shown that there are two demographic phenomena that transform ethnofederalism into a high risk operation, at times even encouraging secession. The first is called \u2018cumulating ethnic cleavage\u2019 <\/strong>configuration , and the second \u2018core ethnic region\u2019 <\/strong>configuration. In applying ethnic conflict concepts to decide \u00a0whether federalism is appropriate for Sri Lanka or not, one needs to understand the above \u00a0two demographic concepts.<\/em><\/p>\n

In analyzing the concept of \u2018cumulating ethnic cleavage\u2019 it will be easier, first, to understand its opposite concept, i.e. the \u2018cross-cutting ethnic cleavage\u2019<\/em>. In a cross-cutting scenario, the dominant ethnic group gets \u2018substantially divided \u2019 by religion, etc. or by the presence of other multiple smaller linguistic groups. For example when a dominant ethnic group in a specific area gets compartmentalized by two religions in a substantial manner, the dominant ethnic group loses its monolithic nature, as the differing world-view of the two religious groups cross -cuts the common ideology of the dominant ethnic group. This results in the dominant ethnic group experiencing reduced capacity for lobbying on behalf of the ethnic group as well as being mobilized by ethnic politicians for extremist agendas including the mounting of a challenge on the Central Government. Thus a \u2018cross-cutting cleavage\u2019 situation has considerably low risks with regard to promoting secession.<\/em>\u00a0 <\/em><\/p>\n

In the \u2018cumulating ethnic cleavage\u2019 <\/em>situation, the regionally dominant ethnic group does not get divided as above in any substantial manner by religion or other socio cultural factors. The division when it happens is low in magnitude, and leaves the monolithic nature of the dominant ethnic group largely intact. This type of cleavage basically increases and reinforces the power of the dominant ethnic group. The extremist ethnic politicians would find a \u2018captive audience\u2019 for manipulation and marketing of ethnic separatism against the Central Government. Therefore \u2018<\/em>cumulating ethnic cleavage\u2019 is a high risk ethnic configuration for a Country as it could foster separatist tendencies, especially under an ethnofederal form of government.<\/em><\/p>\n

The Indian Context : \u00a0A Low Risk\u00a0 Ethnic Configuration and A Powerful Centre <\/strong><\/p>\n

In this regard it may be appropriate to attempt to understand the Indian context. Professor Ashutosh Varshney of Brown University, USA in article titled \u2018 How Has Indian Federalism Done? Published in the Journal \u2018Studies in Indian Politics\u2019 by Sage Publications in 2013, (ashutoshvarshney.net\/wp-contents\/files_mf\/ howhasindianfederalismdone.pdf) analyses the effects of both cross-cutting and cumulating cleavages on India and concludes that A major reason for the success of Indian federalism, if not the only one,<\/em> has to do with the country\u2019s ethnic configuration. Indian identities tend to crosscut, instead of cumulating\u201d.<\/strong><\/p>\n

He explains that in the vast majority of Indian States the existent geographical concentration of language and tribe is cross-cut by \u00a0religion (he also mentions the two other cross-cutting factors, existence of a multitude of smaller language groups, and caste) thus substantially reducing the \u2026.. political potential that language (or for that matter, tribe) might theoretically create for brinkmanship on the part of a state\u201d.<\/p>\n

Cumulating cleavage is, however, a different kettle of fish and Varshney points out that \u2018cumulating cleavages\u2019 has prompted attempts at secession even in India. Fortunately for India the \u2018cumulating cleavage\u2019 situation exist only in a small number of States- Punjab, Kashmir, and about four States in the tribal areas in the north-east such as Assam, Nagaland, Mizoram etc. All these states launched campaigns to break away from India and confirmed the theory that- federal units with \u2018cumulating ethnic cleavages\u2019 are high risk locations for separatist movements. India battled and won against a projected separatist \u2018Khalistan\u2019 at immeasurable cost to the Indian political leadership. Kashmir is still experiencing separatist intensions and tensions. In some of the north-eastern tribal States in India, separatist sentiments still lurk beneath the surface.<\/p>\n

However, India was able to meet this limited challenge thanks to the foresight of founding fathers such as Pundit Nehru and Dr. Ambedkhar. When crafting the Constitution they created a strong Central Government with comprehensive powers for dealing with secession including even powers for taking over State Governments when they cross the red line. They also comprehensively strengthened the protection of fundamental human rights protection through the Constitution which is seen as a significant supportive constitutional mechanism for managing perceived or real ethnic bias.<\/p>\n

It is primarily the preponderance of the demographic phenomenon of \u2018cross-cutting ethnic cleavage\u2019 within the vast majority of States in India, the strong powers of the central Government, and effective constitutional support for protecting fundamental human rights that consolidated the integrity of India and ensured comparative ethno-linguistic harmony. Federalism is a side-show.<\/p>\n

Sri Lanka: Two High Risk Ethnic Configurations and the Proposed Ethno-Federalism<\/strong><\/p>\n

Where does Sri Lanka belong in this ethnic cleavage continuum? Ashutosh Varshney, Sol Goldman Professor of International Relations and Social Science at Brown University, USA (in the earlier referred to article) provides an answer to this all important question for us Sri Lankans. Sri Lanka is a classic case of cumulative cleavages. Tamils are not only religiously distinct from the Sinhalese, but also linguistically and racially\u201d.<\/em><\/p>\n

The second risk factor that researchers on federalism have identified is (called) the \u2018core ethnic region\u2019 principle. \u00a0Henry Hale in another article titled \u2018Ethnofederalism: Lessons for Rebuilding Afghanistan, Preserving Pakistan, and Keeping Russia Stable\u2019 published in 2001, defined core ethnic region as- the uniting of the dominant ethnic group into a single core ethnic region\u201d that possesses clear superiority in population\u201d. A few other internationally accepted definitions added \u00a0the second \u00a0dimension that need to be met to call a territorial area as \u2018a core ethnic region\u2019- that the region proposed as the federal unit\u00a0 need to be recognized\u00a0 or perceived to be the \u2018ethnic homeland\u2019 of the dominant ethnic group that inhabit that area.<\/p>\n

The NPC federal resolution refers to the combined northern and eastern provinces as the proposed future federal unit. The Tamil population is quantitatively superior in the north and the east and the region is perceived to be the \u2018traditional homeland\u2019 as reported to be included as a political principle in the Preamble to the NPC resolution (although the \u2018Tamil homeland hypothesis\u2019 \u00a0had been proved wrong by internationally renowned academicians such as Professor K.M.de Silva and Professor G.H. Peiris). Hence the proposed federal unit of the north and east fits nicely with both dimensions of a \u2018core ethnic region\u2019 and is a high risk factor for ethnic harmony, reconciliation and integrity of the Country.<\/p>\n

Hale points out that that inclusion of a \u2018core ethnic region\u2019 in an ethnofederal Union may lead to failure as shown through research: a preliminary survey of all ethnofederal regimes throughout the world since 1950 reveals that all cases of ethnofederal implosion have involved a core ethnic region\u201d<\/strong>. \u2026\u2026.. This is because its very existence as a core ethnic region creates the potential for the rise of the type of dual-power situation\u201d. <\/em>A dual power centre being born in a State would inevitably begin to compete with the Centre as politicians, especially ethnic based politicians would attempt to gain popularity by deliberately playing the ethnic political card against the Centre.<\/p>\n

The eminent Sri Lankan lawyer President\u2019s Counsel late Mr.H.L.de Silva explained this same phenomenon, without referring to any theory of ethnic conflict, but possibly by observing what was happening in Sri Lanka over decades through his legal practice. He pointed out this phenomenon in around 2003 in an article named \u2018The Peace Process: Are ill-conceived understandings reached at negotiating table?\u2019He stated that there could be a danger to the integrity of the country \u2026<\/em>where devolution of power is to a territorial unit defined on ethnic lines\u201d. <\/em><\/p>\n

Thus international experience and local wisdom point out that proposed N-E State would expose the country to separatist tendencies as the two demographic phenomena \u00a0(i) cumulating ethnic cleavage and (ii) core ethnic region are stark features in the \u00a0federal territorial governance unit proposed by the NPC.<\/p>\n

Conclusion<\/strong><\/p>\n

However, by no means is the above statement an argument to say that \u2018it is a bad thing to have such cumulating homogeneity in a particular geographic or administrative area\u2019 per se. There is nothing inherently wrong with such homogeneity, when they are naturally formed.<\/p>\n

The purpose in presenting the demographic phenomenon of core ethnic region is to illustrate that empirical research had proved that core ethnic regions can catalyze separatist tendencies in ethnofederal systems, and, therefore the Constitutional Framers, have a distinct responsibility to craft a Constitution that would avoid even the smallest risk to maintenance of peace, reconciliation and country\u2019s territorial integrity.<\/p>\n

Research indicates that ethnofederalism is a high risk enterprise when associated with either demographic configuration of \u2018cumulating ethnic cleavage\u2019 or \u2018core ethnic region\u2019. The proposed N-E State has both characteristics. The above discussion on the situation of Sri Lanka in the backdrop of international research findings clearly illustrate that it is irrational and dangerous to change the government structure in Sri Lanka from a unitary form to a federal form either in name or in spirit. <\/em><\/p>\n

(The writer is an ex-Journalist, Communication Researcher and a Retired Officer of the International Civil Service.)\u00a0 <\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

M.L.WICKRAMASINGHE The Public Representations Committee on Constitutional Reform in Sri Lanka has published its report. The Northern Provincial Council (NPC) adopted a resolution on constitutional changes. Although presented unconstitutionally NPC proposal \u00a0should be studied. It is the responsibility of all Sri Lankan citizens belonging to all ethnic groups and political ideologies to begin discussions on […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[100],"tags":[],"class_list":["post-55812","post","type-post","status-publish","format-standard","hentry","category-new-constitution"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/55812","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=55812"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/55812\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=55812"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=55812"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=55812"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}