Any visitor proceeding in the direction of Kandy and beyond through the Kadugannawa bend, over the years, would have beheld vividly the unique scenic beauty of the Kadugannawa valley and the surrounding hills. Unfortunately, of late this idyllic view is now completely obstructed, perhaps for all times, by shanty type fruit stalls, unless of course, immediate remedial action is taken by the authorities concerned to demolish these unauthorized structures forthwith.
The concrete railings by the side of the road, have been vandalized by the occupants of these stalls posing a grave danger to motorists using this highway.
This is supposed to be a protected highway. The lights in these stalls are on, night and day. Is electricity pirated? The tranquility of this area is completely disturbed and the environment is polluted for want of toilet facilities.
The Federation of Sri Lankan Associations in the UK represents a number of expatriates' organisations active in the promotion of social, cultural and the welfare of the Sri Lankan community at home and abroad. Many of our members have expressed great concern about the Government's current proposal to replace the Unitary State in Sri Lanka by a Union of Regions.
The proposed new constitution is designed for the creation of eight or nine Regional Governments with exclusive legislative powers over a wide number of subjects. For each Region, there will be a Regional Judiciary Service, a Regional Public Service Commission, a Regional Financial Institution and a Regional Police Authority.
Arising from our extensive studies and discussions with eminent constitutional experts, we believe that the government's proposal to grant exclusive legislative powers to the Regions is Ultra vires to the present Constitution of Sri Lanka. In that:
Article 76 (1) of the Constitution of Sri Lanka states:
"Parliament shall not abdicate or in any manner alienate its legislative power and shall not set up any authority with any legislative power".
In this context we would like to quote Gamini Iriyagolle in his "An analysis, limits of the Power of Parliament" in which he stated that:
The position simply is that Parliament cannot go against the Constitution directly or indirectly. Especially by attempting to do what is specifically prohibited. If it claims to act in accordance with the Constitution it must obey it and not seek to get around prohibitions imposed by it.
Further, as Parliament has been created as a legislature that is part of a unitary structure, it cannot change the structure itself and create other legislature for other structures e.g. for a monarchy or for separate sovereign states or for a federation of such states, the last of which is what the proposals of the Government seek to do behind a host of misrepresentations".
Mr Iriyagolle has further stated that in addition to the fetters imposed in Article 76 even with the votes of all its 225 members and with the assistance of a referendum, Parliament cannot in any manner amend Article 76. This view, he concluded, was based on the principle that a legislature created by a written constitution cannot legislate whether by way of constitutional amendment or otherwise to alter the basic structure or framework of that constitution.
Apart from the legal implications of the proposals, we have been informed that there is considerable opposition from the business and commercial sectors in Sri Lanka.
There is a strong consensus of opinion expressed that eight or nine bureaucratic bodies would be set up paving the way for the spending of a colossal unproductive expenditure. An expenditure that Sri Lanka cannot afford and must not incur.
In further support of our view, we would like to quote from Prof. Buddhadasa Hewavitharana, an eminent economist and a former visiting Fellow, University of Oxford:
'The package would instead of enabling a rolling back of the state, increase the size of the government because to the central government would be added several new sub-national governments and the total size of the government will increase. This would impede private initiative and not promote it. The devolution package will have the adverse effects on these aspects of good governance because it will lead to an increase in the involvement and interference of politicians in economic affairs"
Beside its military attacks, the LTTE also wages a propaganda campaign, and the government must counter the latter more effectively. Let me cite a few instances. The LTTE refers to the ''Sinhala army" (rather than to "government forces"), claiming that the term "government" gives a spurious legitimacy and hides what is essentially a racial conflict and a freedom struggle.
The LTTE overlooks the fact of Tamils serving in the army. True, they are small in number, and there are no Tamils in the lowest ranks ("privates," I think they are called), but only middle-ranking officers. To meet this allegation, the government should try to recruit Tamils as ordinary soldiers; promote some Tamils to the highest level, and make one of them the Commanding Officer of Jaffna and the North.
Then Tamils, and the whole world, will see that Jaffna was not conquered but liberated, and is under a Tamil.
The LTTE is also vicious in its attacks on the Foreign Minister, calling him "Kadirigama" and claiming he is hated by the Tamils and held in secret contempt by us. I was shown a copy of their paper Hot Spring where it is said that a Judas is made use of, but never respected. Here our fellow Tamils must rally round and show their appreciation of the work he is doing, demonstrate he has their support and approval.
Then again they claim that in the name of Buddhism, the religion of gentleness and compassion, much hatred has been let loose; that far from being the place where Buddhism is preserved in its purest form, Sri Lanka is now known for its violence and corruption, for its prostitution and paedophile ring. But who is responsible for this state of affairs? It is the LTTE who unleashed violence and the cost of the war has placed a terrible financial burden on the people. In such circumstances, some will resort to corruption. Once the war is over, funds will be directed to reconstruction, and Sri Lanka will become a truly Buddhist nation and not only in rhetoric; will regain the beautiful name it once had.
The LTTE compares what happens in Sri Lanka to events in Ruwanda, Burundi, the Congo and other places where international agencies and the press are kept out, creating the worst suspicions of racial harassment and attempted genocide. But our soldiers (with a few exceptions) act within internationally accepted guidelines for the conduct of war and we have no reason to hide behind thin claims of "security interests". The government's refusal to allow free access provides ammunition to the LTTE who manufacture stories of violation and wanton destruction. After all, even in places such as Vietnam, Afghanistan, and Bosnia (and in Palestine today) the press and international relief agencies were given access.
The government's action is counterproductive; it fuels suspicion and becomes a fertile breeding ground for LTTE lies.
Finally, the LTTE argues that several pacts, promises and agreements were made in the past and broken due to pressure from the clergy and politicians. But these pacts etc. were entered into by individual politicians while the referendum signifies the wish and will of the people - and we Sinhalese are essentially a kind and generous people. Therefore, the LTTE claim that "the present Sinhala government" (their words!) cannot be trusted this time too, is simply not valid.
I urge the government to actively counter these and other LTTE propaganda ploys: there is more than one front in this war.
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