Saturday, January 28, 2006

Tigers attempting to shut down Jaffna University

The Liberation Tigers of Tamil Eelam organization often makes the vainglorious boast that it knows what is best for the Sri Lankan Tamil people. Many tiger actions were and are based on the assumption that they and only they have a monopoly of political wisdom in matters affecting the Tamil people. Tiger propagandists attempt to project an image of infallibility around their supremo claiming that the “great leader” analyses the past, understands the present and anticipates the future. Despite these maneuvers the stark reality is that the LTTE and its leader have often made mistakes. Some can be termed colossal blunders. The better or worse - known among these are the Rajiv Gandhi assassination, expulsion of northern Muslims, killing of moderates etc. It is a sad fact of life that the Tamil people have paid in the past and are paying in the present and will pay in the future for the sins of commission and omission by the LTTE. The latest move by the LTTE in its march of folly is the attempt to close down the Jaffna and Batticaloa universities for a period of around one year. The LTTE claims that it is only a temporary move done in the interests of the University academic staff and students. The campus can be reopened after the present crisis period is over. What many people fear is that the LTTE explanation is only a ruse to shut the varsity down completely. As in many other instances the “temporary” of the tigers will become in reality “permanent” it is feared. Many students out of the 6,000 storng student body are looking at transfer options.

The LTTE plan to shut the Eastern University at Vantharumoolai seems to have gone awry thanks to the Karuna faction factor. The Eastern Tamils are today caught between a rock and a hard place. On the one hand there is the mainstream LTTE headed by Col. Bhanu and on the other there are the military intelligence backed LTTE renegades professing loyalty to the “name” of Col . Karuna. The mainstream LTTE is restricted mainly to areas in the western hinterland known as “Paduvankarai” (shore of the setting sun). Their movement in the eastern littoral known as “eluvankarai” (shore of the rising sun) is very much on the decline due to the threat posed by the Karuna faction. This has enabled Batticaloa - Amparai undergraduates to defy to some extent the LTTE diktat that the campus be closed. When a tiger team led by Mano master interacted with the Eastern undergrads and pressed for the closure the students refused. One reason for this defiance is the fear that the Karuna faction would target the students if they heeded the mainstream LTTE call and cooperated in a campus shut down. Another and more compelling reason is that the students consisting mainly of the East and Wanni do not want to be deprived of their tertiary education. Being from relatively disadvantaged regions they know that their only hope of upward mobility is through higher education. With the ethnic war virtually stultifying economic growth in the North - East education remains the only way out for personal and community - oriented emancipation.

Already the Eastern University is hard hit due to a dearth of academic staff. The victimization of academic staff by both LTTE groups has caused much insecurity. Around 20 to 25 academics have fled the region. Still lectures continue and students despite the problems try to study. Against that backdrop the undergrads refused to comply with LTTE directives to shut the Vantharumoolai campus. The Karuna factor looms large in the East. The LTTE tried to organize a Tamil resurgence rally in Ambilanthurai on Jan 20th and called upon the people to participate. The Karuna faction operating through its front called “Sennan Padai” issued a counter appeal that no one should attend. The Sennan force which claimed credit for killing Joseph Pararajasingham inside the Cathedral on Christmas day threatened the people with dire consequences if they participated. As a result the resurgence rally recorded a very poor attendance in comparison with earlier exercises. It remains to be seen as to whether the LTTE will accept the undergraduate position and let things simply be or whether they will try and enforce a shut down through devious means. If the continuous functioning of the campus becomes a prestige issue then the tigers will certainly try to get it closed. This will make the Karuna faction react with vehemence. As a result the campus and lecturers and students will be caught in the middle. The fate of the Eastern varsity will to a great extent depend upon what befalls the Northern University. The rebellious violence and tensions in the Jaffna campus and its environs resulted in the university being closed temporarily for some days. It reopened on Jan 2nd this year. The check posts in the campus vicinity were now manned by Police. It was only the cops who checked university staff and students for ID cards etc instead of the army as done earlier. The soldiers however were present in the check posts to give “protection” to the Police.

This led to a somewhat uneasy relationship. Though wary and distrustful of each other the security personnel and the student population slipped back slowly into an atmosphere of co - existence. There was resentment of the pervasive and intrusive security force presence. Nevertheless the situation was tolerable in the larger interests of getting the campus to function. The University began limping back to relative normalcy. A motivating reason for this state of affairs was the place education occupied in the collective Tamil psyche. Higher education is seen as the magic key to upward mobility and prosperity. Any attempt to deprive the Tamils particularly the Jaffna Tamils of this has been resented strongly. The on going Tamil armed struggle has its roots in the youth militancy of the early seventies. This militancy was triggered off when the Sirima Bandaranaike regime introduced media - wise standardization and drastically reduced Tamil intake into Universities. The recent tensions centered around the Jaffna campus saw many fears being raised among Tamils. Chief among them was the suspicion that the “Sinhala ” dominated government was conspiring to shut the Jaffna varsity down and ruin Tamil higher education. There was a lot of indignation over this. The groundswell of Tamil public opinion was that the University should function continuously despite the overall political climate. It was to some extent a symbol of defiance. There was “consent” that the campus functions despite constraints. This feeling contributed greatly to the campus re- opening. But then came the tiger bombshell! The LTTE media had been going to town earlier about the sinister attempts to shut the varsity down and how it should be resisted. Now the very same LTTE in one more example of its illogical somersaults wanted the campus to be shut down albeit “temporarily”.

The Jaffna undergraduates numbering around 6,000 were invited for a meeting with LTTE political commissar Suppiah Paramu Thamilselvan at Tharmakerni in the Pallai region. In a disappointing show only about 175 to 200 attended. Thamilselvan flanked by Jaffna political chief Ilamparithy addressed the undergraduates. After giving the students a “history” lesson about contemporary liberation struggles Thamilselvan observed that the war was going to escalate in the near future. The armed forces are going to be driven out of Jaffna he boasted. In such a situation the retreating forces were sure to target the campus Selvan said. A defeated alien force always eliminates intellectuals and academics and students following higher education. Selvan cited the Bangladesh example and spoke about the massacre of the intelligentsia at Dacca University in 1971. “We don’t want this to happen to you all. That is why we want to shut down the university temporarily. It won’t be more than a year. Instead of being clear and vulnerable targets you all can disperse and take safety precautions. All of you can come to the Wanni. We will train you in combat. Then you can be in a state of preparation and fight in self - defense against the Sinhala aggressors and their sidekicks. So you must cooperate. This is the wish of our national leader” (Prabakharan) said Thamilselvan. The undergraduates however did not like the idea. Hesitantly they summoned courage individually and in groups to put across their point of view. They did not want the university closed as they feared the Government may use it as a pretext to close down the campus permanently and locate additional security personnel. The campus was a focal point of Tamil resistance to army occupation of Jaffna. If and when the war escalates the students would devise ways and means of ensuring their protection. They would be eternally vigilant. While appreciating the LTTE “concern” for their safety they were not in favour of shutting the campus down. This in essence was the undergraduate position.

With the mood being overwhelmingly against the LTTE “request” Jaffna political chief Ilamparithy got angry. The man who in his previous LTTE “avatar” as Aanchaneyan supervised the mass expulsion of Muslims from Jaffna saw the undergraduate opinion as amounting to sacrilege. In a voice rippling with anger Ilamparithy thumped the table and thundered “When our national leader expresses a wish it has to be treated as a commandment. The leadership has decided that the Jaffna varsity has to be closed temporarily. So it has to be done. There cannot be two words about it. We all must obey. You all must must comply”. With that proclamation Ilamparithy ended the meeting. Thereafter about 50 hardcore undergrads sympathetic to the LTTE met under the auspices of the Jaffna University Undergraduates Union. A resolution already drafted by the LTTE was “passed “unanimously. The resolution called for a boycott of lectures till the environment became conducive for higher education. Neither the students nor the academic staff was in a proper frame of mind to study or teach because of the prevailing security situation. Therefore all activity in the Jaffna University must cease till the situation improved. This in essence was the text of the resolution. The resolution was released to the Tamil media. The boycott of lectures came into effect from Jan 16th. The resolution was forwarded to Jaffna University vice - Chancellor Dr. S. Mohandas also. The undergraduates were told to keep off campus. The academic staff marked its presence and then vacated campus as there were no students to lecture to. There was widespread resentment of the LTTE decision among most undergraduates and parents. Despite the murmurs of dissent and rumblings of discontent few however were courageous enough to defy the LTTE openly. The past week has seen innumerable messages being sent to relatives abroad by families of varsity students. With the chances of war escalating and the tigers demanding a shut down family members are pleading with kinsfolk abroad to get their children down. They see no hope in the bleak scenario. They want the children to go abroad and continue studies.

What worries parents most is their suspicion of underlying tiger motives. The LTTE is suspected of plotting to close down the campus permanently. Given the pronounced anti - intellectual feeling prevalent in many leading lights of the LTTE and the desperate high stakes gamble of the LTTE in escalating tensions the undergraduates are seen as potential recruits. The LTTE will be aiming at recruiting at least 600 plus Jaffna undergraduates after the campus shut down it is feared. One of the questions in the LTTE conducted social science examinations in Jaffna during the 1990 - 95 periods went like this. “It is said that this - is the greatest resource of the Tamils. But when it was sorely needed this resource deserted the people and went abroad. What is this resource”? The resource referred to was the educated professionals. This then is the dominant opinion in LTTE circles about higher education. It sees those with higher education as being lost to the cause and struggle. The LTTE is gearing up for a desperate last phase war. (Iruthi kattap Por). In this war of liberation the tigers want every Tamil to participate. Dearth of manpower is seen as the biggest weakness. The universities with their young, politicized, skilled youths are perceived as positive assets and potential recruits in the armed struggle. The closure of the campus may be seen as necessary to tap this resource. Besides the non - functioning of the university due to “state terror” makes good propaganda. What the LTTE fails to realize is the inextricable love of education in the Tamil psyche. Tampering with that sensitivity can be dangerously explosive. It could turn counter- productive. When the Jaffna university commenced in 1974 the popular Tamil monthly “sirithiran” hailed it as “valavukkul Valaaham” (Campus in the compound). This illustrated the emotions among Tamils about their long cherished dream of a university in their region.

Today the future of that “Campus in the compound” stands threatened. Ironically the threat comes not from the “enemy” but from the self - proclaimed liberators of the Tamil people. Only time will tell whether LTTE machinations in the Jaffna university issue will be successful or not.

Friday, January 13, 2006

Operation Strangers Night and the Estrangement of Tamils

Mahinda Rajapakse, the new President of Sri Lanka met representatives of the Co - Chair quartet of the Sri Lankan peace process on January 9. One of the issues raised at this meeting was about the cordon, search and arrest operations going on in Colombo and other areas. The President’s response according to an official communiqué was as follows.

" Responding to a query by the Co-Chairs on the recent ‘Strangers Night’ operation, it was explained that this was a routine law enforcement procedure aimed at ‘clearing the neighbourhood’ of criminal elements including drug traffickers and gangsters, which will also take place in other areas of the island. It was emphasised that over 90% of those detained were released on the same day and that due process was observed."

One is not aware of how the Co-Chair representatives received this gem of an explanation proffered by our Executive President. It is obvious however that either Rajapakse was totally in the dark about what was happening or was speaking with a ‘forked tongue.’ The President was either being misinformed by those around him or he himself was willfully dishing out misinformation.

The crucial point to note is that operations such as ‘Strangers Night’ were not routine law enforcement procedures as claimed by the President. There were no such operations in the past for nearly four years. This manoeuvre began happening only after the election of Mahinda Rajapakse as President on November 17. With Mahinda assuming power his brother Gothabaya became defence secretary; Army Commander Shantha Kottegoda was forced into retirement and Sarath Fonseka appointed in his place; Jathika Hela Urumaya politician and former DIG of Police H.M.G.B. Kotakadeniya assumed duties as defence adviser.

It was after this triumvirate took over defence matters that operations such as ‘Strangers Night’ began in Colombo. Given Kotakadeniya’s controversial past as a Police officer and his undisguised ideological beliefs one may reasonably conclude that the on going operations are primarily his ‘brainchildren.’ This propensity for conducting such operations is part and parcel of the man’s mental make - up.

An obvious flaw in the explanation that it is all a routine law and order matter is the manner in which it is being conducted. The chief targets of these operations are not criminal elements but law - abiding respectable Tamils. The entire exercise has a pronounced racial angle to it. If one is to comprehend clearly the context in which these acts are occurring one has to delve into the recent past slightly.

It may be recalled that there were widespread arrests of ‘suspicious’ Tamils in Colombo and the suburbs in the late ’90s when Chandrika Kumaratunga was president. The police cells were overflowing with Tamil detainees. So great was the crisis that the Tamil United Liberation Front’s constitutional expert Dr. Neelan Tiruchelvam who always believed in the rule of law, came up with the idea of inundating courts with a series of habeas corpus writs and fundamental rights petitions. The present Chief Justice Sarath Silva was attorney - general then. A conference was arranged between law officials and the TULF. The situation began easing and the TULF dropped its idea of seeking legal recourse.

Since many Plantation Tamils do not have proper identity documents through no fault of theirs a good number of them were arrested as suspicious persons. This led Saumiyamoorthy Thondaman to take a hand in the matter also. He exerted considerable pressure on Chandrika Kumaratunga. The TULF supported Thondaman in this. Since Kumaratunga herself had a progressive outlook on issues like these, she transferred Kotakadeniya out. Furthermore, he was denied rightful appointment as IGP on account of his seniority.

Adding insult to injury was the fact that Kumaratunga appointed Anandaraja, a Tamil and junior to Kotakadeniya in the service as IGP. Thereafter Kotakadeniya opted to retire. He then took to politics. Kotakadeniya never forgave Anandaraja and went public making racist and slanderous remarks against the IGP. For a man of Kotakadeniya’s mindset the Jathika Hela Urumaya was a second home. He became its senior vice - president and still holds that post.

One feature of these arrests was the large - scale corruption. Much money changed hands and many a crooked cop made money by arresting and then releasing Tamils. A striking example then was the manner in which Kotakadeniya waged war on those involved in money transfer business or hawala. A few Tamils and even Muslims were arrested on the ‘suspicion’ that they were laundering money for the LTTE. Within days, it was business as usual. All those detained were out.

I remember asking two money transfer agents in Toronto about what happened. They said that large amounts were paid out as bribes to secure the releases of their principals in Colombo. Another consequence was that the ‘commissions’ for transactions went up after this exercise. The explanation given was that after the arrests a scheme to bribe officials regularly had been set up. So the entire exercise starting with a bang ended in a pathetic whimper. Only some corrupt officials were getting richer. But as these columns pointed out earlier Kotakadeniya is an honest man.

Kotakadeniya , out in the cold due to Kumaratunga is now back with a vengeance thanks to Mahinda chinthana. Denying Kotakadeniya the IGP post was perhaps one of Chandrika’s wisest decisions as President. Rajapakse however has brought him back as the virtual Police chief with almost ‘carte blanche’ powers to reinvigorate the Police force.

New tricks cannot be taught to an old dog they say. The one thing Kotakadeniya knows best and loves best is to order cordon and search operations with mass arrests. There was however one hitch. Unlike in the nineties the LTTE is not a proscribed organisation now. Though the security situation is quite perilous, the LTTE is not a banned outfit. The PTA cannot be enforced right now. But luckily for him the emergency regulations were in force.

Kotakadeniya revealed his thought process in a newspaper interview where he lamented the fact that being LTTE or having links was not illegal now. So operations to flush out tigers was not possible. But he pointed out that operations to maintain law and order could be done. Cordon and search operations to identify and arrest criminal elements would very soon be on the cards he said. Kotakadeniya found an able deputy in DIG Pujitha Jayasundara. The DIG had a torrid time in fighting narcotic criminals. The new strategy of rounding up Tamil civilians was like a piece of kokis for him.

So we had the first Strangers night operation on December 17 in four Police divisions. A total of 109 Tamils were arrested. Then we had the third strangers night operation on December 31. This time 400 Policemen and 2000 Armed forces personnel were involved. 920 Tamils were arrested. They were finger and footprint; photographed and videoed. Statements were recorded. Except for 53 all were released. Later another 39 were released. Only about ten are being kept in custody now.

It is claimed by official circles that there was a second strangers night operation on December 27. Criminal elements in Maradana, Dematagoda and Kolonnawa were targeted. This operation was very much low-key and not as stridently aggressive as the ones targeting Tamils. No criminal of note was arrested. This exercise seems to be aimed at deflecting criticism away and provide a facade that the objective is to target criminals and not Tamils.

It has been announced that at least twelve other Strangers night operations are in the pipeline. In the meantime the cordon, search and arrest operations began spreading to the outstations too. Ten Tamils were arrested in Uppukulam in Mannar. Twenty nine Tamils were arrested in Puttalam; 109 Tamils were arrested in Ratnapura and Kahawatte. 16 Tamils were arrested in Bandarawela. 4 Tamils were arrested in Passara.

In the case of the plantation areas, the pretext for the searches was that LTTE men were hiding and explosives were concealed. None of the operations yielded any tigers or bombs. Only the estate workers were harassed. There is a threat of a strike being launched by 25, 000 workers in some areas of the Badulla district if the arrested persons were not released. It is interesting to note that security in the plantation areas became a ‘threat’ only after the Presidential election.

Rajapakse in a fit of puerile chagrin tried to ‘fix’ Arumugam Thondaman. The latter took up the challenge by ‘flirting’ with the LTTE in Kilinochchi. Thereafter security operations are on the increase in the Up Country. The important question however is whether these security operations are really security - orientated or politically and racially motivated to teach Thondaman and the ‘Wathu Demalu’ a bitter lesson?

As far as the ‘strangers night’ operations in Colombo they have achieved very little except of course to increase the estrangement of Tamils from the Sri Lankan state and Mahinda Rajapakse regime. The first operation only ‘netted’ 109. The powers that be in Defence were thoroughly dissatisfied. The word percolated downwards. The third operation on the eve of the New Year saw police Inspectors vying with each other to increase their tally of ‘strangers’ in Colombo.

Many of those arrested had their proper identity documents and had been living for many, many years in Colombo. A lot of them were reputed professionals and even priests. Yet they were herded into ‘cop shops’ like common criminals. Many Tamils including children were forced to stand for a long time on the streets.

They entered houses at night and woke up residents. Searches were conducted while most womenfolk were in their nightclothes. Many houses were ransacked. Children under 18 were asked to show their ‘non – existent’ ID cards. Several women in their ‘nighties’ were taken to the Police stations.

The conduct of the Police and security personnel was atrocious and racist in many instances. Offensive and intimidatory remarks of a racist nature were made. Their conduct was abominably rude. The people were shouted at and children intimidated. Public vehicles were halted and Tamils singled out. An Indian national travelling in a three - wheeler was given a torrid time and asked to show her original passport. She was a Tamil from Tamil Nadu.

The one clear fact that emerged as a result of this operation was that the targets were deliberately Tamil and not suspicious criminal elements. The people of other communities did not suffer much or were targeted to the extent that the Tamils were. The conductor those involved in many cases displayed open traces of racism.

Mano Ganesan of the Western People’s Front took out a procession - demonstration in Colombo on January 6 to protest the arrests. "Can you arrest a thousand to detain 10 people" he queried.

The statements made by officials to rationalise the operation would be hilarious if not for the seriousness of the situation. Pujitha Jayasundara first said that they had seized barbed wire and blood transfusion equipment as a result of the operation. What a lot of effort to retrieve these and in any case was it an offence to keep these? Then he changed his stance and said there were reports of tiger assassination squads being in Colombo to kill Rajapakse and others. He amended his position again and said that the operation was a pre-emptive strike to prevent tigers carrying out operations here. Alas! no tiger was arrested anywhere.

Realising perhaps that these explanations were sounding ‘silly’ and smacked of racist motivation the IGP Chandra Fernando himself stepped in and justified the operation as being against criminal elements alone. These were routine matters. It was this explanation that Rajapakse trotted out to the four co - chairs. But on January 7 when he met the TNA delegation he was honest enough to admit excesses and promised an end to harassment and illegal arrests. For obvious reasons the tune changed two days later.

There is no denying there is a security threat to Colombo. That cannot be met by alienating and estranging the Tamils of Colombo. If the security officials are to get solid intelligence about certain matters then the Tamil people should not be alienated. Furthermore it is a joke to think that the LTTE will not have proper ID or valid excuses to be in Colombo. They would have excellent documentation and well-established cover. It is only the ‘innocent’ who are faulty with documentation and reasons.

Moreover recent developments have shown that many Sinhala people are hand in glove with the LTTE in Colombo. The murders of Intelligence officials in Colombo indicate that. Therefore, it is doubtful whether LTTE connections are restricted to Tamils alone. Given the high level of official corruption one would not be surprised if some high level Sinhala people are aiding and abetting the LTTE for remuneration.

Open war is not declared yet. The LTTE is yet to be proscribed. If Tamils are harassed, so greatly in Colombo and elsewhere in the current situation it is not hard to imagine their plight if war does erupt and the tigers are banned. With Kotakadeniya in the saddle, mass arrests and incarceration will be the order of the day. What is happening now is only a straw in the wind. Sadly, even if all those harsh measures are adopted will the security of Colombo and its leading citizens be guaranteed?

Thursday, December 22, 2005

Tamils in Colombo harassed by ‘Strangers Night’ operation

Tamils living in the electoral divisions of Colombo West and East were given a terrible shock on the night of Saturday, December 17 when a massive security operation was launched against them. Over 600 police and security force personnel were deployed in an operation code named ‘Operation Strangers Night’ in the areas of Wellawatte, Bambalapitiya, Havelock Town, Pamankade, Kirulapone and Narahenpita. Once again Tamils in Colombo were brutally reminded that they were all suspicious aliens in the eyes of the state simply because of their ethnicity. A news report in the Daily Mirror of December 19 stated as follows: "More than 100 suspicious people were taken into custody following a massive cordon and search operation code-named ‘Strangers Night’ in Wellawatta, Narahenpita, Kirulapone and Bambalapitiya police areas, police said yesterday. "Colombo DIG Pujitha Jayasundera said the surprise house-to-house operation was carried out jointly by the police, army, navy and the air force to track down illegal activities and suspected terrorist members in the area. "He said during the operation which started at 11 p.m. on Saturday and ended at 5 a.m. yesterday, 107 people were taken in on suspicion while five of them had been detained. "‘We used Tamil speaking officers to explain to the people about the search and also used women police officers to check women,’" he said adding that the people had cooperated well." Different impression The complacent, self-serving remarks of Pujitha Jayasundera along with other media reports may help to convey the impression that the police and security forces had conducted a proper law enforcement operation and netted many terrorist suspects. Some may even believe that the people (all Tamils) were all happy and appreciative about the operation in this cheerful season of peace and goodwill. This writer however got a different impression when talking to some people at the receiving end of ‘Strangers Night.’ The callous conduct of the law enforcing authorities seemed to have caused much resentment and added further to the sense of alienation felt by many Tamils. The operation had commenced at 11 p.m. on December 17. Hundreds of police and security personnel descended on the areas coming under ‘Operation Strangers Night.’ It was a massive cordon and search operation. The targetted ‘strangers’ were all Tamils. The security personnel set up temporary search stations and road blocks at key junctions . All vehicles and pedestrians were stopped. While ‘non-Tamils’ were let off immediately, people of Tamil ethnicity were subjected to intensive searches and grilling. Young Tamils were given very harsh treatment. Apart from vehicles and pedestrians, many houses, apartments, boarding houses, shops and businesses were also surrounded and searched. Many people were fast asleep when the guardians of law and order woke them up. Once again non-Tamil residences and places were not bothered as much as Tamils were. The operation went on till 6 a.m. on Sunday. According to the ‘official’ version 107 "suspects" were taken to police stations and questioned further. Of these five people were kept for further investigations while the others were released after completion of security procedures. The Colombo Tamil grapevine however has it that some youths had been taken elsewhere by ‘commandos’ and remain unaccounted in the official records. Not ‘strangers’ Most of those taken in as suspects were not ‘strangers’ in Colombo. They had very legitimate reasons to be in Colombo. Many had been living here for years. At least 97% had their national identity cards and office identity cards. Despite this they were treated as suspicious strangers. Nothing suspicious was seized from them. Many of those detained were returning home from work. The arrested persons were taken first to the police stations in their neighbourhoods. They were packed into police cells. Though kept for many hours they were not given food or water. They were not allowed to contact friends or relatives or lawyers. The police also failed to inform family members of the whereabouts of these detainees. The arrested persons were transported by night from police cells to the field force headquarters near Police Park. They were taken to an upper floor where officials interrogated them. After information so obtained was recorded they were fingerprinted and photographed like common criminals. Video filming individually was also done. Once again they were brought back to the police stations from where they were taken and locked up in cells again. Nothing happened till 10:30 a.m. on Sunday. It was from that time onwards that lawyers started calling over at the cop shops. Complaints were also made to the IGP Chandra Fernando. The process of release started and by 2 p.m. most people were enjoying their birthright of freedom. Most people who underwent this experience were bitter. "We were treated like criminals and terrorists simply because we were Tamils," said one. "They were insensitive and inhumane. Even water was not given," complained another. It was suspected by some that a political vendetta was underway. "We Tamils voted in large numbers for Ranil Wickremesinghe in Colombo. Now we are being victimised for that," they said. Another opined that "the corrupt elements were getting ready like in the past to make money." Overall experience There is a Tamil proverb, oru paanai sottrukku oru soru padham, which means that a morsel of rice will indicate the quality of the whole pot of cooked rice. Likewise the plight of three Tamil media personnel will help illustrate the overall experience of Tamils on the ‘Strangers Night’ of Saturday. Three employees of the Colombo based Tamil daily Thinakkural were returning home in the office vehicle on Saturday night when they were stopped at 11:30 p.m. by the police and military personnel at Kirulapone. They were P. Parthiban of the editorial department and C. Gokularaj and K. Sarweswaran of the computer department. Parthiban is also a lawyer. After preliminary questioning the three Tamil media persons were ‘arrested’ while the non-Tamil driver was allowed to go. Despite the detailed explanation proffered that they were newspaper employees returning home after work they found themselves being taken to the police station. The three persons had their national identity cards, media accreditation cards of the Information Department and office identity cards but these were of no avail in the face of this massive security juggernaut. The security personnel simply refused to pay any attention to the explanations. The trio along with 30 other arrested Tamils were locked up in the police cells. When the journalist tried to contact people over his cellular phone the police prevented it and confiscated the phone. They were not allowed to contact anyone. Police also failed to inform family members of their situation. Thinakkural employees arrested Upon hearing of the situation another employee from Thinakkural came to the police station and tried to explain matters. He too was ignored and ordered to vacate the premises at once. When the officer in charge returned to office after the long Saturday night operation at 6 a.m. The trio tried to talk to him. He too refused to listen saying he had to sleep and left. Meanwhile they had been taken at about 1 a.m. to Thimbirigasaya for further interrogation and recording of particulars. The media people like all other arrested Tamils were photographed, videoed and fingerprinted. They were then brought back to the police station. Since they were employees of Thinakkural the institution was able to exert some influence. Parliamentarians Mano Ganesan, Joseph Pararajasingham, Nadaraja Raviraj, ex-MP Appathurai Vinayagamoorthy and Western Province People’s Front Vice President Nalliah Kumarakuruparan began moving in on the matter. IGP Chandra Fernando, DIG Pujitha Jayasundera and Media Minister Anura Priyadarshana Yapa were informed. Condemned Raviraj and Vinayagamoorthy personally went to the police station in the morning. The cops on duty said that nothing could be done until the OIC returned. Finally the OIC came at 10:45 a.m. Thereafter the Thinakkural trio was released after documentation were signed by Raviraj and Vinayagamoorthy. Media Minister Yapa has called for a detailed complaint by the paper to be taken up with the defence authorities. This is what happened to the Tamil media persons. The Free Media Movement (FMM) has condemned the incident and called for an investigation. Other protests too have been raised over what happened to the trio. Pro-Tiger media is highlighting the incident as another example of the "Sinhala" state’s suppression of Tamil media freedom. Harping on the incident as being directed against the Tamil media is like missing the forest for the trees. Parthiban, Gokularaj and Sarweswaran were all media persons but they were not arrested because of that. They were detained because they were young Tamil males. The harassment they underwent was in their personal capacity as Tamils and not their professional capacity as media persons. Emphasising the media angle alone would divert focus away from the primary contradiction. What is of importance is to note that despite their media influence these Tamils could not prevent harassment. In spite of parliamentarians intervening their release could not be obtained. They, like all the other Tamil victims of this exercise, had to undergo unwarranted humiliation and harassment due to their ethnicity. The lesson from ‘Strangers Night’ is that once again the state is getting ready for a massive onslaught against the fundamental rights of the Tamils in Colombo. Being detained on suspicion for a specific offence is one thing but to be arrested merely on suspicion for no offence than being Tamils is entirely different. The manner in which these Tamils were locked up, interrogated, photographed and fingerprinted is indicative of what lies in store for the Tamils in Colombo in a future scenario where war erupts and the LTTE gets proscribed. Even more frightening is the talk about youths being taken away to an undisclosed location. Harrasment of Tamils Tamils in Colombo have been having a taste in small doses of what awaits them in the aftermath of the Kadirgamar assassination. The security personnel who failed miserably in protecting the former Foreign Minister also failed to secure the area for hours after the killing. Thereafter helicopters with search lights hovered in the skies of Colombo scouring the streets and lanes in Tamil residential areas as if the killers were hiding behind bushes or walls. This was followed by searches of Tamil houses and detention of Tamil people. The most notable of them being the arrest of Charles Gnanakone. He was crucified in a trial by media. It was this column alone which stated that Gnanakone appeared innocent and that justice should triumph. After 55 days of incarceration Charles is now a free man cleared by the Attorney General’s Department and court. But other arrested persons continue to languish in custody. Meanwhile the vermin who feast on human tragedies are at work. Corruption is prevalent. A northern businessman dealing in motor spare parts was arrested, questioned and released. The release was procured through the payment of Rs. 7.5 million to a Tamil paramilitary organisation working as ‘informants’ to preserve the unity, territorial integrity and sovereignty of the country. The money so obtained was according to informed sources divided among security authorities and Tamil paramilitary. One point that has emerged very clearly after the Kadirgamar assassination is that the security authorities are utterly incapable of coping with a Tiger threat in an intelligent manner. The stock response seems to be simple harassment of the Tamil people. There is very little intelligence about actual LTTE movement. So Tamils are to be harassed at random. Adding further incentive to this modus operandi is the lure of filthy lucre. The Tamil paramilitaries will squeeze money out of arrested persons and share it with the security people. Another factor troubling many peace loving Tamils in Colombo is the return of H.M.G.B. Kotakadeniya. Retired Deputy Inspector General of Police, Kotakadeniya is an honest man. He is however a hawkish guy. It may be recalled that his approach towards terrorism was to initiate arrests of Tamils in large numbers. Terrible situation So terrible was the situation that Soumiyamoorthy Thondaman and some TULF leaders pressured Chandrika Kumaratunga to transfer him out. Kotakadeniya was also denied the IGP post which was rightfully his. He then retired and teamed up with the arch-reactionary, Sinhala-Buddhist chauvinist Jathika Hela Urumaya (JHU). Such a man has been made Defence Ministry advisor with special powers by the man of the masses. The ‘Strangers Night’ operation has demonstrated what the future is going to be for Tamils in Colombo under the authority of Kotakadeniya. There is no denying that the LTTE poses a security threat in Colombo and elsewhere. This does not mean that Tamils living in Colombo should be harassed in the name of security. Operation ‘Strangers Night’ has not yielded anything tangible from a security perspective. All it has achieved is the sending of shock waves to the Tamil community. The Tamil sense of alienation increases and resentment builds up. It is this mindset which may ultimately be conducive to a climate where security is under threat. Operations like ‘Strangers Night’ can only help develop this mindset among aggrieved Tamils victims of the state in Colombo.

Wednesday, December 14, 2005

Winter of discontent sets in for Up Country Tamil Leaders

A raging winter of discontent has begun setting in for many leaders of political parties representing the Up - Country Tamils of Indian origin in the aftermath of the Presidential elections.What is ironic about this situation is that despite the plantation Tamil politicians being very successful in delivering the bulk of their vote banks to the candidate of their choice they are facing a gloomy situation. Backing the wrong horse in the Presidential stakes has made them extremely vulnerable to the vicissitudes of political change in a drastic manner. The Tamils of Indian origin were stripped of their citizenship and disenfranchised in Independent Ceylon in 1948 and 1949 respectively. The uncertainty of statelessness was removed over the years through the Sirima - Shastri pact of 1964 and the Indira - Sirima agreement of 1975. Further laws were enacted in 1986 and 1988 during the JR Jayewardene - Saumiyamoorthy Thondaman regime to grant citizenship to those not covered under these accords. The cumulative effect of this citizenship cum enfranchisement process has been the gradual empowerment of the plantation proletariat. The up - country Tamil voting bloc has in recent times been playing a very effective role in making and unmaking Presidents and Governments.Veteran Politician Saumiyamoorthy Thondaman pioneered a new concept of aligning and re- aligning with the chief political parties to maximise representation for his party in Parliament, Provincial Councils and local authorities. This enhanced representation was used to obtain ministerial portfolios and other positions from different governments. This strategy in later years served as a model for MHM Ashraff and the Sri Lanka Muslim Congress. Rauf Hakeem dutifully followed in the same path. In recent times other political formations representing the Up Country Tamils and Muslims have also emulated this practice.If Saumiyamoorthy Thondaman developed his "fluid" political approach into a "fine art" his successors and other emulators have not been so clever or smart. The hasty and greedy manner of cobbling together alliances in exchange for positions and perks of power made it obvious that these moves were not in the interests of the people as professed. The unethical mode of shifting support in favour of the victor smacked of sheer opportunism.The pithy Sinhala observation "Vaasi Pethata Hoiya!" summed up the political conduct of many Up Country Tamil politicians. The premier political organization of Up Country Tamils is the Ceylon Workers Congress. The CWC has often claimed that no President has been elected without their support. Likewise the SLMC has boasted that no President has been elected without their support since 1988. Both of these statements were true until 2005. Due to a variety of reasons the CWC and SLMC backed Ranil Wickremasinghe this time. So too did other Up Country Tamil parties . The bulk of Up Country Tamil voters in Nuwara - eliya, Badulla, Matale, Kandy, Kegalle, Ratnapura, Kalutara, Colombo and Gampaha voted for Wickremasinghe. But it was Rajapakse who won due to Sinhala - Buddhist support, elimination of voters through procedural flaws and the LTTE enforced boycott of the North - East. This situation has placed many Up Country Tamil politicians in a difficult situation. For several years these "leaders" have been used to the plums of office and perks of power. While the wretched of the up - country earth remained pathetically poor these so called "thalaivers" improved their situation through this access to power. Corruption was rampant. Still they remained the shepherds of the up - country flock. It has come to a state where many leaders without positions of power feel like fish out of water. Many of these politicians are skilled atheletes in political jumping." Long Jump, High Jump, Hop Step and Jump" - they are masters of all. So once again the leaders were ready to change allegiances "in the interests of their people". Feelers were sent to the new President and middlemen began liaising. But unfortunately for the would be jumpers Mahinda Rajapakse was not willing to take the " sunken ship fleeing rats " on board. Adding to their woes is Rajapakse's determination to charter a new course in Up Country politics. The first to make overtures to Mahinda was Up Country Peoples Front leader Periyasamy Chandrasekeran. The UPF leader had for long hitched his wagon to the LTTE lone star.It was he who undertook a mission to Kilinochchi seeking a lifting of the tiger enforced boycott. Suppia Paramu Thamilselvan gave him glib assurances but in typical LTTE fashion went back on his word. Chandrasekeran felt betrayed after it became clear that the tiger enforced boycott led to Ranil's defeat. A disgruntled Chandrasekeran issued a statement calling upon the LTTE to do some "self - criticism" and began cosying up to Rajapakse. Alas! Mahinda was not ready to embrace this tiger fellow traveller. He was told that he was simply not welcome to join government ranks. Of course he was most welcome to extend support from opposition ranks if he so wished. But no positions or perks! The CWC also sent out feelers but was rebuffed. Then Arumugan Thondaman met his "amba yaluwa" Mangala Samarawera in India and extended his hand of friendship. Arumugan was ready to sign a letter of unconditional support to Rajapakse. But when Mangala conveyed this message to Mahinda the answer once again was a firm negative with an attached proviso. Unlike the UPF the CWC was welcome to cross over to the treasury benches if it so desired to "serve their people". But none of them would get a portfolio or ant other position. Not even a coroporation director post. The position of Western Province Peoples Front leader Mano Ganesan is unclear. He came out with a harsh statement condemning Chandrasekeran and Malik Samarawickrema for the tiger boycott fiasco. Mano accused both of having mishandled the matter and tried to absolve the LTTE of any blame. He also criticised Milinda Moragoda and Navin Dissanayake. Ganesan is now beginning to distance himself from the UNP. It is not difficult to gauge what his future moves are going to be. Arumugan Thondaman and Periyasamy Chandrasekeran are like cats on a hot tin roof. What makes their predicament worse is the problems they are likely to face in the future due to Rajapakse's approach.Mahinda tried hard to form alliances with the CWC and SLMC prior to the elections. The minority parties refused. But now the tables are turned and Mahinda does not want the minority parties.Hell hath no fury as a Mahinda scorned! While ignoring the CWC and UPF the new President is promoting those up country Tamil leaders who supported him in the hustings. Two Central Province councillors from the UPF broke ranks and canvassed for Mahinda in the elections. They formed the Workers Liberation front in association with another CWC rebel Central Province Councillor Govindaraj. Arulsamy the UPF "renegade" has been made Provincial minister. Likewise former CWC parliamentarians like Sathasivam along with ex - MP from the UPF Kanakaraj also supported Mahinda. They formed the Ceylon Workers Democratic Front. It was expected that Sathasivam would l be made a national list MP but that did not happen. Speculation is rife that he and some others will be given prominent posts in the new Plantation development authority that Rajapakse proposes to create. Already people needing help and favours are flocking to the Up Country leaders who supported Rajapakse. Their stock rises while the CWC and UPF stock diminishes. This is the law of opportunist politics. So the CWC and UPF are desperate to gain proximity to power so that they can check and counter the growing influence of their erstwhile comrades. These former colleagues are seen as" traitors" by the hierarchies.. The so called traitors are seen as more dangerous than enemies. So desperation increases to gain power. Apart from the denial of carrots the stick too is being used. An investigation has been launched into an incident where equipment worth multi - millions were allegedly stored in the Nuwara - Elita Youth Centre. The centre was run by the Pradeshita Sabha. The building belongs to CWC MP Puthirasigamany. The equipment was allocated out of estate infrastructure ministry funds when Thondaman was in charge. Arumugan's house at Kotagala too has been searched. Puthirasigamani has been quizzed. Arumugans troubles are compounded further by the downsizing of his security to five personnel only.There are other instances of alleged corruption too that could be delved into. In the case of Chandrasekeran there are allegations of income earned through "improper" channels that could be investigated. Defections and splits too are being encouraged. MP's are being asked to shift allegiance regardless of their leaders. In the case of the CWC national list MP's MS Sellasamy, . Puthirasigamani, Badulla dist MP Vadivel Suresh and Nuwara - Eliya dist MP Jegatheeswaran are apparently ready to jump. At least two deputy minsterships are being dangled. Suresh fuelled further speculation by meeting Mahinda in private and congratulating him. The "Thinakkural" of Dec 12th reported that Suresh has been suspended from the CWC pending inner - party disciplinary inquiry. There are reports about overtures being made to UPF national list MP Radhakrishnan also. Mahinda Rajapakse has also allocated 2 billion rupees for estate infrastructure development. He plans to set up a specific authority and channnel funds for the purpose. Mahinda also wants to keep it under his direct supervision. It is a moot point as to whether Rajapakse will obtain the funds for this or whether they will be given adequately to Tamil plantation worker needs. But if it is really implemented it could certainly make a difference in the life of the humble worker. This in turn could have far reaching political results. Moves are also being initiated to set up a new Plantation workers union under the auspices of the United Peoples Freedom Alliance. Jeyaraj Fernandopulle is supposedly the livewire of this move. Also Mervyn Silva the deputy minister for employee relations has a scheme of forming worker welfare committees in each estate. It may be recalled that all plantation worker unions demonstrated against Mervyn Silvas outburst against Indian Tamils. Rajapakse in his capacity then as Prime Minister accepted the petition, promised immediate action and provided milk to the demonstrators. Now Mervyn still remains deputy minister while the demonstrators are out in the cold. It can be seen therefore that Rajapakse seems determined for now to handle the Up Country Tamils in his own way instead of tying himself up with the usual "brokers".How far he will succeed remains to be seen. For one thing the chauvinist elements within his camp will put a spanner in the worls. Also new alignments with Plantation Tamil parties may become necessary in Parliamentary polls. The present situation however is one where Mahinda seems firm in puting plantation politicos in their place. This also strikes a positive chord in voters of whom many are disgusted with the opportunistic politics of these minority politicos. The denial of carrots and wielding of stick increases the desperation of these plantation politicians. Some are threatening to align themselves with the LTTE and TNA if they are not taken in by the government. This seems highly unlikely and only a hollow threat. The current reality is increasing resentment within party folds.The winter of discontent is setting in. If possible these parties would like to join the government en masse. If that is not possible then individuals will start crossing. "Jumping" could become the favourite pastime of plantation Tamil politicos.

Wednesday, December 07, 2005

Sixteen soldiers killed as Shadow war escalates in Jaffna

The fourth of December was a bloody Sunday for soldiers serving in Jaffna as nine of their comrades-at-arms were killed in three separate incidents in the northern peninsula. Eight soldiers were injured in the same three incidents. Around 20 other soldiers suffered injuries in a spate of attacks conducted for three days in Jaffna from December 2 to 4.

The most serious attack was the landmine ambush at Kondavil on Sunday. Ten soldiers from the 51 - 1 brigade camp near the Thirunelvely farm school were travelling along the Palaly road to the 55 - 1 brigade camp at Atchuvely.

The vehicle used was a tractor with trailer. The vehicle had passed the Kondavil junction and proceeded about 150 metres southwards when a claymore mine concealed on a tree was triggered by a remote controlled device. The explosion occurred at 1.10 pm in broad daylight.

The driver and two other men seated alongside the mudguards and three others seated on the front of the trailer were killed instantly. One soldier seated in the middle of the trailer was seriously injured and later succumbed. Three others seated at the rear end were injured but survived though the condition of two is serious. Seven soldiers had been killed in what was the most serious incident affecting the security forces in 46 months of a ceasefire between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam.

Claymore attack

Meanwhile, in an almost identical incident, a minimum of seven (at the time of going to press) Sri Lanka Army soldiers were killed in a second claymore mine attack on a SLA tractor in Irupalai, five kilometers north east of Jaffna town yesterday (6) at around 10 a.m. At least one soldier was seriously wounded in the attack. The explosion took place 200 meters west of Irupalai junction on Jaffna - Point Pedro road. At least 10 soldiers belonging to the SLA Division 51-2 were returning to Irupalai camp in their tractor when it was hit by the claymore mine. They were returning after supplying morning meals to the soldiers stationed along the streets in Kalviyankadu, as in the previous incident.

For northern residents of Kondavil and adjacent Thirunelvely or Thinnevely as it is generally called, it was a bitter sense of deja-vu all over again. It was the usual practice in the bygone days for soldiers to descend upon the scene of an attack, surround the area and assault people in the vicinity and also detain them. The ceasefire had prevented such incidents for years in Jaffna. The bloody Sunday incident however revived memories as hordes of policemen and soldiers arrived. They had learnt nothing and forgotten nothing.

After the Sunday attack, people in the area were rounded up and assaulted. Shopkeepers at Kondavil junction and even Thirunelvely junction were grilled. The devotees paying pooja to the Aiyappan deity at a temple close to the incident suffered a lot of harassment. About 30 to 40 people complained of minor injuries after the assaults. At least 20 people were detained for questioning and were gradually released. As is usual none of those responsible or related to the attack were arrested.

Bloody Sunday

If the Kondavil attack was the one with the most exacting toll two other incidents on the same bloody Sunday also had soldier casualties. A security forces truck was attacked with explosives near the Manangunap Pillaiyar temple at Nunavil near Chavakachcheri. One soldier was killed and two injured. This occurred at 5. 30 pm.The assailants fired T - 56 rifles and at least 14 rounds were fired.

Fifteen minutes later at 5.45 pm a security convoy was returning to the camp at Villumathavaddi in Neervely near the glass factory premises. An attack was launched from a clump of trees along the Point Pedro road. Grenades were thrown and then firearms used. the firefight continued intermittently till about 8. pm. Though a search was conducted after reinforcements arrived none of those involved in the attack were apprehended. In a re-play of the Kondavil aftermath on a minor scale people were harassed in a cordon and search operation. One soldier was killed and three injured in the incident.

The soldiers killed in the three incidents were Sgt. P. R. Ananda, Chandrasiri, Priyantha, Navaratne, Ruwankumara, Ratnayake and Ekanayake at Kondavil; Lance Coroporal Jayewardene at Nunavil and private Abeyewardene at Neervely.

‘Virtual’curfew

The Jaffna people alarmed by the incidents kept indoors during the night and a ‘virtual’ curfew was in place. Residents living in the vicinity of places where incidents occurred moved to different places for fear of reprisals. there was a general feeling of apprehension and tension in Jaffna as people feared the worst. Talk of a full scale war erupting was in the air.

Three other attacks had also been conducted on the same ‘bloody’ Sunday. Two of these were within the Jaffna municipal limits. Youths on motorcycles had fired on sentry posts indiscriminately and then fled from the scene. The first was at 9 am on the post near Arasady junction. The second was at 1. 30 pm at Muthirai Santhi junction. If both were within the Jaffna municipality the third was outside at Irubalai junction in Kopay. This too was done by youths on motor cycles. There were no casualties.

The attacks on Sunday were preceded by a series of attacks on December 2 and 3. Though no one was killed, about 20 soldiers sustained injuries. There were a few injured civilians too. None of those responsible for the attacks were injured or arrested.

Peculiar phenomenon

The three days of violence from December 2 to 4 are depicted as a peculiar phenomenon by sections of the media. It is as if the Tigers or their minions are engaging in violence for no apparent reason. While this violence certainly has to be condemned it is not difficult to seek out the reasons or the underlying causes. It is of the utmost importance to realise that this particular spree of violence is only an indicator that the shadow war promoted in the east has now moved to the north too. Though the LTTE and its agents have engaged in a lot of violence in the past during the ceasefire, recent developments show that other ‘agencies’too are at work in Jaffna.

These columns spotlighted some weeks ago that the killing of Kopay Christian College Principal Nadarajah Sivakadatcham was committed by suspected Eelam People’s Democratic Party (EPDP) cadres aligned with the military intelligence division. It is widely believed that security intelligence controlling various anti -Tiger elements had mapped out a new strategy . The Karuna faction was to be used for clandestine operations in the east against the mainstream LTTE. The Eelam National Democratic Liberation Front (ENDLF) was to be used in Vavuniya and Mannar. The EPDP was to be used in Jaffna. The Sivakadatcham killing along with the murder of a video shop owner in Uduvil were the surest indicators that the shadow war had come to the north.

Being aware of this changing equation the political wing members of the LTTE pulled out of government controlled areas. But the LTTE intelligence wing operatives and members of the hit squads and pistol groups remained while maintaining a low profile. The LTTE ‘secret weapon’ with dangerous potential however was its civilian militia called Makkal Padai or ‘people’s force’.

The Tigers have during the years of unfettered ceasefire brainwashed and trained a large number of Tamil civilians in armed warfare. The bulk of these are youths. Many are of a lumpen background.

In recent times these elements have played a big role in promoting political violence in Jaffna in the name of the people. The brutal murder of ‘King’ Charlie Wijewardene at Inuvil and related violence was mainly done by these elements. The violence related to the election boycott campaign in Jaffna was also done by these elements. The LTTE ‘proper’ plays a behind the scenes role directing and manipulating events. So the LTTE is able to claim that it is the ‘people’ and not ‘Tigers’ who are behind the violence in Jaffna. Typical Tiger doublespeak!

It was against this backdrop that the ‘Great Heroes Day’ or Maaveerar Naal was observed on November 27. On November 25 night at about 3. 30 am a killer squad arrived at a Neervely residence, entered forcibly and shot a 22 year old youth Narendran Nirojithan. Nirojithan’s brother was a Tiger martyr. Nirojithan identified openly with the LTTE and was in charge of putting up GHD decorations in the Neervely area. The injured Nirojithan is receiving treatment in the intensive care unit of Jaffna hospital.

On December 1 three youths in a Landmaster tractor stopped outside a tea boutique near the Athiyar Hindu College in Neervely. A killer squad opened fire and escaped in a three-wheeler. Twenty four year old Roopan was injured but 34 year old Gunaratnam Krishnakumar of Neervely and 24 year old Sinnaiah Sivakaran of Alaveddy were killed. All three were civilian farmers but supportive of the LTTE. They had been involved in the Great heroes day ceremonies of the area. Media reports said that the killers had fled to the Neervely army camp near the Kopay junction.

It was this incident that set the stage for the violence on the following days. There is a prevalent feeling among many people that the EPDP cadres aligned to military intelligence were responsible for the incidents. Interestingly, the residence of Principal Sivakadatcham as well as the venues of the other incidents were all in close proximity of the Neervely camp. It is widely believed that the EPDP killer squad is housed at this camp and let loose periodically to target pro - Tigers or those with alleged LTTE links. The killers are aided and abetted by the security forces.

It was in such a resentful public mood that a Tiger front known as Tamil National Security Movement called for a hartal on December 2 to protest the Neervely killings. Posters were put up, road blocks set up and leaflets distributed. Whether out of sympathy or fear there was enough public response to the hartal call. The security forces in some places removed the roadblocks and posters on walls.

A series of attacks were launched on December 2 and 3. The security forces were the targets. The attacks occurred in Chavakachcheri, Sangathanai, Meesalai, Neervely, Kopay, Jaffna town, Kuppilan, Allarai, Manthigai, Nelliaddy etc. The targets were sentry posts, mini camps or security vehicles. The usual practice was to throw grenades or other explosive devices. In some instances guns were fired. The perpetrators were all young men on motor cycles.

Makkal Padaigal

Organisations calling themselves Makkal Padaigal or people’s forces issued leaflets warning the security force ‘aggressors’ and their paramilitary acolytes to stop targeting the people of Tamil Eelam. Otherwise the people would continue to resist their activities and strive to remove their presence from Jaffna. The statements were issued in the name of Seeru’ (hissing), Urumum (growling) and Karchikkum (roaring) Makkal Padaigal.

In Chavakachcheri for instance the security post near the AGA office was attacked twice on December 3. Explosives were thrown at 1. 30 pm and 3. 30 pm. At Manthigai in Point Pedro a grenade was thrown at the security personnel guarding the EPDP office. At Maalisanthy in Nelliaddy an attack was launched against security personnel near the Telecom office. A fierce fight ensued and though three soldiers were injured fire was returned against the marauders. Altogether 22 security personnel were injured in 14 attacks over the two days. But it was Sunday which resulted in the loss of life with nine being killed in three incidents.

Monday December 5 seemed to indicate a lull in the violence. But students of Hartley College and Methodist Girls’ High School in Point Pedro commenced a protest demonstration against security forces trying to erect barricades on paths used by students. There was some stone throwing and the security forces reacted by tear gassing the demonstrators. It is believed that the whole protest was instigated by the Tigers.

No LTTE involvement

The LTTE political commissar for Jaffna, Ilamparithy denied LTTE involvement in an interview to the BBC Thamizhosai Tamil service. He claimed that the people were reacting to the paramilitaries aided and abetted by security forces. Ilamparithy also said that explosives in the hands of these paramilitaries had been seized and used by the people.

There are few takers for Ilamparithy’s puerile attempt to bury the full pumpkin in a plateful of rice. It seems common knowledge in Jaffna that the violence is done by pro - Tiger elements of the so called civilian militia with the covert backing and logistical support of the LTTE.

It is also understood that the LTTE inspired violent response towards the security forces is a direct consequence of the shifting shadow war. The people do seem to be aware that killer squads believed to be EPDP are operating with the unofficial sanction and support of the military intelligence and security forces. Though the LTTE has engaged in a lot of violence in the past this particular round is seen as a result of the shadow war. The second deadly attack yesterday which claimed seven soldiers is confirmation of this.

What the ordinary people fear is an escalation of the simmering conflict. With a hardline regime in Colombo the official response could become fierce in the days to come. The Jathika Hela Urumaya is already calling for a ‘war alert.’ This is exactly what the Tigers want. The LTTE wants Colombo to unleash full scale war. So the so called response to the alleged shadow war activity is being intensified to unacceptable levels where the new President will be compelled to respond forcefully. After all was not ‘Apey Mahinda’ elected to teach the Tigers how to adhere to a ceasefire?

This is indeed a tricky situation for Mahinda Rajapakse who has already summoned an emergency meeting to discuss the situation and appointed a three - member fact finding committee to go into the causes of the current crisis. Whatever the hawks on either either side of the ethnic divide may want, the ordinary people of Jaffna want only peace. They do not want this shadow war now or for it to become full - scale war in the future.

Thursday, December 01, 2005

The People get their Galle Face Green Back

A scene on the Galle face green - Selling cane products. [Picture Courtesy of HumanityAshore.org]
In what may very well turn out to be a landmark judgement the Supreme Court of Sri Lanka on Nov 28th reiterated firmly that Galle Face Green is for the people of this Country and for the people alone. The bench comprising Chief Justice Sarath N. Silva PC and Justices N.K. Udalagama and Nimal Dissanayake ruled that the "Galle Face Green" should be maintained as a public utility and that the Government should make available necessary resources for the purpose . " The Galle Face Green should be maintained as a public utility, in continuance of the dedication made by Sir Henry Ward. The necessary resources for this purpose, should be made available by the government of Sri Lanka, the successor to the colonial governor, who made the dedication referred to," the Supreme Court said in a judgement. The case related to the management agreement or the lease entered into on February 15, 2003, by the UDA and the EAP Network Private Limited, whereby it was sought to hand over the management and control of the 14-acre seaside promenade of Colombo, the Galle Face Green to E.A.P. The court said that, the purported agreement, entered into between the Urban Development Authority and the EAP Limited is ultra vires and of no purpose or avail in law. Consequent to fundamental rights violation plea being supported on February 13, 2004, leave to proceed was granted by the SC. An Interim Order directed the UDA to refrain from putting into operation, any lease or agreement, to effect the use, occupation and or the management of the Galle Face Green. The judgement also said that the UDA denied the right to information of the petitioner, The Environmental Foundation Limited, and subjected the petitioner to unequal treatment.The UDA was directed to pay the EFL, Rs. 50,000/- as costs. Miss Ruana Rajapakse, appeared with Miss Pamoda Rajakeeya for the petitioner. Romesh de Silva PC, appeared with Sugath Caldera, for the UDA.S. Parathalingam PC, with N. R. Sivendran and S. Cooray appeared for the EAP Group.The judgement was by the Chief Justice Sarath N. Silva with Justice N. K. Udalagama and Justice N. E. Dissanayake agreeing. Chief Justice Sarath Silva may appear controversial to some in certain aspects. But as far as environmental rights justice is concerned the CJ has a very positive and progressive outlook like for instance the decisions on mechanised sandbank mining of rivers. There are signs that Mr. Sarath Silva could help pioneer a new area in contemporary jurisprudence like former Indian chief Justice Bhagwathi in public interest litigation. It is up to organizations like Environmental Foundation limited to avail themselves of a benevolent Supreme Court under the present chief justice and initiate progressive litigation. The Galle Face Green lease case was another example of a deteriorating trend in Sri Lanka where the history, culture and natural heritage of the Country is sold out to a rapacious business class out to make a fast buck and nothing else. Some Entrepreneurs, politicians and bureaucrats of the Country thought nothing of literally selling out the birthright of the people to crass commercialism. People of this mindset are willing to sell out or commercially exploit anything from Sigiriya to the wetlands of Muthurajawela, from the waterfalls of Upper kotmale to the Dutch museum of Pettah.Only groups of concerned citizens stand opposed to this monstrous phenomenon. The success of the Galle face green is in a sense a modern version of a David versus Goliath battle. Here the latter day Davids were armed only with the slingshot of legal recourse. Thanks to a supreme court capable of appreciating the finer points of life and a chief justice who recognizes the "value and not price" of some issues that matter this battle was won. Crude attempts to lease the Green out commercially have been firmly overthrown. The people have got their Galle Face Green back thanks to the Chief Justice , Supreme Court and of course the environmental foundation and its lawyers Ruana Rajapakse and Pamoda Rajakeeya. Galle Face Green adjacent to the Indian Ocean along the Colombo coast has been a public promenade since early British colonial times. One end of it is in the Fort area and the other in Kollupitiya. The green as we know it now was much larger earlier and so too was the stretch of Galle Road running through it. A swathe of land however was taken away from the Green in the sixties for commercial expansion. A few colonial heritage type buildings on the land side were also demolished. This happened when protection of environment and heritage had not become a major concern of public life. Despite the shrinkage Galle Face Green remained an important part of life in Colombo. The public has had free and unimpeded access to it since before independence. It is the most popular recreation ground in Colombo and said to be one of its major ‘lungs’, affording the populace an open space in a densely built-up area. It provides fresh air and space for exercise and leisure of the young and old and is a regular venue for popular recreational activities. People from all walks and all ages of life gather there.It was a must see place for all visitors from the outstations as well as tourists. There is always some commerce going on of a minor nature at Galle face from the gram seller to the Ice cream van and now the various food stalls.These are part and parcel of Galle Face and add to its attraction.The comercial activity however took a subsidiary role. Galle Face did not exist for commerce but for the use of the people, for their pleasure and leisure. But the current crisis was that of attempting to commercialise GFG on a mass scale. Human beings were to be reduced to "consumers" and "customers" as insignificant cogs in a mercantile machine churning out and sucking in rupees and cents. It all began in late 2003 when Sri Lankan the press reported that the EAP Group had been granted a lease on Galle Face Green by the Urban Development Authority. According to these reports, the EAP Group was to pay the UDA Rs 9 million as lease rental for a two year period. In exchange, all revenues hitherto received by the UDA from Galle Face Green would henceforth be paid to the EAP Group, while the UDA would continue to bear the cost of maintaining the Green. The EAP Group was reportedly planning to convert it to a carnival park, complete with "food courts" and "hawker streets". Planned activities were reported to include "theme nights", film shows, musical shows, and fashion shows. On the 4th of January 2004, the UDA, together with the Ministry of Western Region Development, placed a half-page advertisement in several newspapers, headed "More Transparent Than Glass", in which several claims regarding this projects were made. In this advertisement it was admitted that Galle Face Green is public property, to which free access has always been given to members of the public for their exercise and leisure activities. It was then that the Environmental Foundation Limited made an intervention. While this advertisement made certain claims regarding the continuance of the traditional amenities of the Green for the benefit of the public, EFL pointed out that it was not possible to verify these claims without seeing the lease agreement. EFL also pointed out that Section 18 of the Urban Development Authority Law No. 41 of 1978 prescribes certain mandatory conditions which must be included in every lease of land by the UDA, and it was impossible to know whether such conditions have been included without seeing the lease agreement. Furthermore, the right of the UDA to deal with this property depends on there being a valid vesting order in terms of section 15 of this same law. As a non profit-making organisation dedicated to the protection of the environment in the public interest, and which is registered with the Central Environmental Authority as a National level NGO engaged in activities in the field of environment, EFL required these documents in order to adequately discharge its monitoring duties. Accordingly, on 6th January 2004 EFL, wrote under registered cover to the UDA and to the Chairperson of the EAP Group of Companies, requesting them to provide EFL with copies of 1. The Lease Agreement entered into between the UDA and the EAP Group of Companies or related entity and 2. The approved plan, if any, for the development of Galle Face Green in terms of the said lease. The UDA was also asked to provide a copy of the order vesting Galle Face Green in the Authority. When no replies were received, EFL sent reminder letters on the 14th January 2004. Thereafter the UDA replied by letter dated 20th January, refusing to release what they termed "official documents" EFL therefore filed action in the Supreme Court, on 26th January 2004, pleading infringement of its fundamental and asking that the UDA be directed to furnish the documents requested in the letter of 6th January; and also seeking to restrain the UDA from putting into operation the lease agreement with the EAP Group of Companies or any related entity until the hearing and determination of its application. EFL maintained ( FR 47/2004) that its fundamental rights under Articles 12 (1), 14(1)(a) and 14(1)(g) of the Constitution, relating to the right to equality before the law, to the freedom of _expression including the right to information and to the freedom to carry out a lawful occupation, profession or trade, were infringed by the refusal by the UDA to release these documents. It asked that the UDA be directed to furnish EFL with copies of the order vesting Galle Face Green in the UDA, the Lease Agreement entered into between the UDA and the EAP Group of Companies or related entity and the approved plan, if any, for the development of Galle Face Green in terms of the said lease. It named the Chairperson of the EAP Group of Companies and the Hon. Attorney General as the other respondents to its application. When the case was called on 13th February, Mr Romesh de Silva, PC, appearing for the UDA, was asked from the bench whether his clients would not release the agreement. In reply he stated that he would only release it if the petitioner gave an undertaking that it would not go to court thereafter to challenge the agreement but would agree to resolve any disputes by arbitration. Court thereupon gave EFL leave to proceed. The respondents were granted four weeks to file objections and the petitioner a further two weeks to produce counter affidavits. Argument was fixed for 14th June 2004 and heard thereafter.An Interim Order directed the UDA to refrain from putting into operation, any lease or agreement, to effect the use, occupation and or the management of the Galle Face Green. The end result of it all was the ruling on Nov 28th. When news of the proposed lease appeared in the press there was a public outcry against the move. Galle Face Green was truly a preserve of the people and the people resented the move. When news of EFL action came out in the press there were letters of praise from the public. Now that a victory has been achieved the people with whose lives the Green was intimately involved will cheer out a loud "hurrah!" That includes this columnist too. The life of this writer like many middle class people of Colombo was entwined with Galle Face Green. It was at Galle Face that my mother took her walks during pregnancy; It was to Galle Face that I came often with siblings, cousins, friends and neighbours for fun and frolic.It was to Galle Face that I accompanied my grandparents for their evening walks often going down to the beach and splashing about in the waves.. It was at Galle Face that I got "lost" as a kid and was restored to my parents through the kindness of an unknown Sinhala family. It was at Galle Face that I first flew a kite or had a pony ride. It was when driving through Galle face that my father would allow me as an excited child to "take" the wheel. Even as I grew up the Green too grew in my life. While living in Kollupitiya one would often come to this green to run, play, cycle or simply sightsee. The green was to become in later life a place to coo as lovebirds or to hold hands and walk within the parameters of approved public romancing, a place to walk and sit with friends and discuss all sorts of topics and issues , a place to watch cultural shows and listen to political speeches particularly the may day ones of the past. It was also where one jogged at the crack of dawn to keep fit and on some occasions to sat it out alone as dusk fell watching the sun set in a pensive, philosophical mood. Had I been living in Colombo still there is no doubt that the Green (more often brown) would be an integral part of life. So when relatives and friends set out for Colombo from abroad I ask them to take the children to Galle Face which many do even without my asking. When relating their experiences of Galle Face the kids seem radiantly happy. I am indeed amazed and glad that Galle face remains fascinating for even children born and raised in the West. The delights of childhood I suppose are universal. It was with great sadness therefore that I heard of the moves to lease it out to big business a few years ago. I am jubilant now that those moves have been firmly thwarted. May Galle Face Green remain for ever and ever in the Colombo landscape. May it always belong to the people. May an eternally vigilant people safeguard their rights, heritage and environment.

Tuesday, November 22, 2005

Ranil must not bid farewell to politics at this time

Ranil Wickremasinghe is an honourable politician. People with principled politics are a rare breed in Sri Lanka fast becoming extinct. Such politicians usually say what they mean and mean what they say. They do not for example put down certain things in black and white in their manifesto and then try to win support from interest groups saying "Dont worry about those". Such men do not cling to the trappings of office at whatever cost. Politics is very often a vocation and not a profession for them.Their political masters are the people who voted them in. If the people disapprove of them - rightly or wrongly - they simply detach themselves off from pursuing politics actively thereafter. This is not a case of making a virtue out of necessity. There are many who facing rejection at the polls revise position in an opportunistic manner to prolong their politics. There are however a few who prefer to opt out of politics rather than stay on till they are finally asked to go in the name of God. Despite the derisive criticism of his detractors to the contrary , Ranil Wickremasinghe too is a man who will not cling on to power or political positions stubbornly. When the UNP was defeated in 1994 Ranil was the incumbent premier. He moved out swiftly from Temple Trees and accepted defeat with grace. Today he is a defeated Presidential candidate again. He lost in 1999 too. Apart from 2001 Dec the other Parliamentary elections faced under his leadership were all unsuccessful for the UNP. Even Provincial and Local Authority polls were not huge successes.In spite of these electoral reversals there was no demand from within the party seeking his removal. For one thing there was really no alternative and also the party subscribed wholly to his policies. Ranil was unlucky. In 1999 the LTTE screwed his chances by the suicide attack on Chandrika Kumaratunga who won on the sympathy vote. This time the tigers destroyed his chances through the enforced boycott in the Tamil dominated regions. In spite of this the Mahinda Rajapakse majority was only 186, 000 plus. Mahinda got 50. 3 % to Ranil's 48. 4%. This time some sections in the party may think Ranil has to go. He himself may be advised to do so by some.. It is felt that the UNP lost influence among the Sinhala people due to Ranil's enlightened approach towards the Tigers. But the LTTE has stabbed Ranil in the back by its enforced boycott. Had the Tamils been allowed to vote freely Ranil would have been the victor with a 200 - 300, 000 majority. Given this resentment over the LTTE betrayal there is an opinion within the rank and file that the UNP modify its policies and change its functional style to suit majoritarian tendencies. Unless Ranil is willing to change himself accordingly he is likely to be viewed as an impediment. Powerful calls asking him to quit may arise in the future. Ranil realises this and may want to bow out gracefully. Instead of waiting for someone else to make the demand Ranil may voluntarily and sincerely offer to step down. He is expected to do so at the forthcoming party working committee and Parliamentary Committee meetings. There will no doubt be an outcry that he should not go. But Ranil is not likely to heed that. He may relinquish office as both Party leader and Leader of Opposition. Already his friend and trusted deputy Malik Samarawickrema has quit party chairpersonship.Ranil may still opt to remain as MP till the next election. If there is no early sign of that he may think of resigning that too. Already the minority communities are upset over this proposed change of leadership. With all his drawbacks the minorities have come to trust Ranil. This includes the greater part of the Sri Lankan Tamils too who voted for him wherever they were not restricted. In the Presidential stakes all eleven districts won by Ranil had substantial concentrations of the ethnic and religious minorities. So great is the minority discomfiture over Ranil's impending departure that a strong request is being made for him to remain as leader of the United National Front at least. When Sir John Kotalawela was defeated in 1956 he remained as a "Parliamentarian in absentia" till 1960 and then quit politics. He remained aloof from the party and did not involve himself in any way. When Dudley Senanayake resigned due to health reasons and the Hartal fall out in 1953 he quit politics for a while. He then returned to politics in 1957 and led the UNP to victory twice. After the 1970 defeat Dudley let JR Jayewardene become opposition leader while retaining party leadership. In another recent example Chandrika Kumaratunga went into self - exile in 1988 after her husband Vijayas murder but returned in the nineties to resume politcs and achieve remarkable success. What Ranil will do remains unclear for now? Will he continue politics in a secondary capacity or maintain a detached interest or quit outright remains to be seen. Let it not be forgotten that Ranil Wickremasinghe is not a spent force. He is still a political force to be reckoned with. His electoral defeat was not a total washout. It was a narrow defeat. Also it was not a defeat of his political strategy too. Weerawansa may be crowing that the poll has proved that the minority votes are not needed for victory. There are many takers for this claim. In fact the UNP may allow itself be stampeded into such a mindset. What the likes of Weerawansa forget is that had the principal minority in the Country been allowed to vote freely and fairly the result would have been different. In that sense Mahinda's victory was in a sense due to the LTTE. The Sinhala extremists like the JVP and JHU have together with the LTTE Tamil extremists succeeded in making Mahinda win. What this election has proved is that when a Sinhala candidate pandering to extremist views is challenged by a Sinhala moderate the minority communities must stand by the latter unitedly and vote in large numbers. The LTTE betrayal must surely rankle in Ranil's mind. It was he who de- proscribed them and signed a ceasefire proffering many advantages and legitimacy. If the ceasefire had not strengthened the tigers in Government controlled areas like Jaffna the LTTE may not have succeeded in its boycott to this extent. Yet the tigers condemned Ranil and got him defeated. What may be more hurting is the news trickling down about an alleged SP Thamilselvan - Tiran Alles "deal" that caused the LTTE to enforce a boycott to let Mahinda win. However much the LTTE betrayal rankles the uppermost concern for Ranil must be the rejection by the majority of Sinhala voters. An unscientific estimate states that Mahinda got 61% of the Sinhala Buddhist vote.Despite this his small majority was due to the minority vote going in large numbers to Ranil. But for Ranil the fact that he failed to get the majority votes must be painful. Ranil was deprived of those votes mainly due to the unfair and unfounded charge that he had made a sordid deal with the LTTE to sell out the Sinhalese and divide Sri Lanka. He was portrayed as a traitor and called a latter day Don Juan Dharmapala. Apart from this emotional aspect there is a pragmatic one too. Even if the minority votes help someone to win such victory alone is not enough to achieve a solution to the ethnic problem. For a lasting settlement the majority of the majority community must support it too. This was denied Ranil. Against such a backdrop Ranil may very well feel that he has been rejected by the Sinhala - Buddhist majority for the wrong reason. This heartburn may compel him to drop out of politics altogether. Sir John Kotalawela too had that frame of mind. It was the ceasefire brought about by Ranil that helped the Country to get out from economic doldrums. During his short tenure as "effective" Prime Minister from 2001 Dec - 2003 Nov the long neglected North and East achieved a 12 % and 10 % percent economic growth respectively. The rest of the Country too grew. After his government was dismissed the economic situationhas deterorated under Premier Rajapakse.The GDP growth rate declined from 6.6% to 5.2%. The budget deficit went up from 7.3% to 8.2%. The trade deficit increased from $ 1.3 billion to $2.2 billion. The current account deficit increased from $ 71 million to $ 648 million.Foreign aid utilisation came down from 27% to 18% . The crux of the matter was that Ranil's economic and ethnic conflict resolution policies were the best possible for Sri Lanka under the present circumstances. A Country divided already in a "de - facto" manner would have been reunited "de- jure" through the exploration of a federal solution. Instead of welcoming the man with such policies he was condemned as a traitor. His real and perceived personality traits were harped upon as deficiencies. Wearing a shawl, grinning broadly and being easily accessible to the so called common man and not the ability of good governance was projected as being the qualifications necessary to be President. The man who will surely plunge this Country into ruin if he follows his "chinthana" has been preferred for his unprincipled populism as opposed to the man of real substance. In such a situation one fully understands Ranil's desire to step down. He does not want further embarassment from sections of the party clamouring for his removal in the future. After all people like Ranil do not need politics as a career to oil their palms or fatten their purses. He is perhaps one of the last in the dwindling tribe of gentleman politicians. This column however wishes to make an appeal that Ranil Wickremasinghe should not quit politics. He must even review any decision he may have taken to step down from party and opposition leadership. His quitting now along with Kumaratunga also going will create a tremendous void in Sri Lankan politics. This will seriously undermine the rational element in Sinhala political leadership.The vacuum will be filled by the irrational element of Sinhala political leadership. The time has not come for Ranil to bid farewell. The Mahinda victory is only pyrrhic. Instead of throwing in the towel like a gentleman Ranil should take firm hold of the party reins like a strret - fighter politico. After doing an intensive post - mortem on the elections Ranils should devise new strategies and tactics while retaining the core values of his political philosophy. This column would urge the UNP to prevail upon Ranil to continue in office and continue to support him. The only change that Ranil must do is cultivate a people friendly image and appeal to the rural masses without compromising on principles. This writer has no doubt that it will only be a matter of time before the Sinhala people realise their folly in rejecting him. There will be clamouring for him to return to leadership one day. The very same Kumaratunga who dismissed his government in 2004 on spurious charges faced up to her enormous blunder in 2005. Likewise the time is not far when the Sinhala electorate regrets its mistake in spurning dull yet solid gold for bright, worthless copper. Until then let Ranil bide his time. He owes this to the Country, nation, party and above all himself. Being a Royalist Ranil may think of learning or departing. But Ramil must not depart because the voters havent learnt yet. They will learn. Until then do not depart but follow the Thomian motto of be thou forever.. "Esto Perpetua " Ranil!