Thursday, 30 June 2016

Genocide of Tamils in Sri Lanka (Part 3/3): Massacres, Pogroms, Destruction of property, Sexual violence and Assassinations of civil society leaders


A report by International Human Rights Association Bremen. Reposted from PEOPLES' TRIBUNAL ON SRI LANKA


Genocide against the Tamil People
 
MASSACRES, POGROMS, DESTRUCTION OF PROPERTY, SEXUAL VIOLENCE AND ASSASSINATIONS OF CIVIL SOCIETY LEADERS


Convention on the Prevention and Punishment of the Crime of Genocide:
 Article 2
(a) Killing members of the group; 
 (b) Causing serious bodily or mental harm to members of the group;
 (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”


Full report: https://web.archive.org/web/20200420000549/http://www.ptsrilanka.org/wp-content/uploads/2017/04/massacres_pogroms_en.pdf

                                                        Part 1 | Part 2 | Part 3



Genocide of Tamils in Sri Lanka (Part 2/3): State aided Sinhala Colonisation


A report by International Human Rights Association Bremen. Reposted from PEOPLES' TRIBUNAL ON SRI LANKA


Genocide against the Tamil People STATE AIDED SINHALA COLONISATION 

Convention on the Prevention and Punishment of the Crime of Genocide: 
Article 2 
c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”


Full report: https://web.archive.org/web/20190714025647/http://www.ptsrilanka.org/wp-content/uploads/2017/04/state_aided_sinhala_colonisation_en.pdf




Genocide of Tamils in Sri Lanka (Part 1/3): Discriminatory Laws and Regulations


A report by International Human Rights Association Bremen. Reposted from PEOPLES' TRIBUNAL ON SRI LANKA: http://www.ptsrilanka.org/discriminatory-laws/


Genocide against the Tamil People 

DISCRIMINATORY LAWS AND REGULATIONS


Convention on the Prevention and Punishment of the Crime of Genocide:
Article 2
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part” 


Introduction

A genocidal onslaught that targets a distinct national community can always take different forms. Although, the physical extermination of a given population can be the most rapid and blunt method of implementing such a policy, there are more ‘sophisticated’ strategies of doing so. As Lemkin himself stressed, ‘genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation.’ While sporadic violence targeting the economic life, selective assassinations and periodically orchestrated pogroms can certainly be components of any genocidal policy, the ‘law of the land’ can also be reinforced to disguise, enhance and legitimise a protracted policy of genocide.

Any efforts to scrutinise and analyse the Sri Lankan state policy towards the Tamil community, at least since ‘40s, can definitely provide an important window to understand the genocidal potential of seemingly ‘legitimate state policy’. This document envisage to shed light on some of the most prominent policy measures implemented in the history under the pretext of upholding the ‘law of the land’ in order to expose the extremely destructive essence of the Sri Lankan state’s genocidal policies.

The Disfranchisement of the plantation Tamils

In our document on the historical context of the conflict and the role of the British Empire, we have discussed at length, how the Tamil people living in the tea plantation areas, mainly in the central highlands, became the first victims of racially motivated attacks of the Sri Lankan state in 1948 and 1949. Interestingly enough, in 1928, in the course of the discussion on the Donoughmore Commission proposals in the State Council, D.S.Senanayake famously said:
"We do not want to get rid of anyone from this Island. Let us live together; let us be citizens of this country and not citizens of any other…. We want the Indians in Ceylon to be Ceylonese; to be domiciled here…. We do not deny them citizenship…. We would welcome the Indians as Ceylonese, but if they have no permanent interests in Ceylon, then let them be Indians; let them look after themselves. They must be either citizens of India or Ceylon…. We do not want to differentiate. We do not want to discriminate. We do not consider Indians as aliens…. We tell them 'Become part of ourselves, become Ceylonese, and then share in the Government'…. That is our position, and I hope that our friends will not for their own purposes misinterpret us, but will appreciate our real attitude in this matter".[1]
But in a matter of months after becoming a dominion, the same Senanayake, now the Prime Minister of the country, turned his guns towards the most exploited and oppressed community in the island, the plantation Tamils, who lived segregated in line house in tea estates, away from the general trend of life without being allowed to settle down in nearby villages. Through Ceylon Citizenship Act no. 18 of 1948 and Indian and Pakistani Residents (Citizenship) Act of 1949, they were stripped of their citizenship rights which were followed by a third act, Ceylon (Parliamentary Elections) Amendment Act, no. 48 of 1949, legalising the denial of their voting rights.

The bills were blatant violations of Article 29 (2) of the Island’s Constitution drafted by British Soulbury Commission before granting Dominion status. The flimsy provision barred the state from making ‘persons of any community or religion liable to disabilities or restrictions to which persons of other communities or religions are not made liable.’[2] Despite the rhetoric, the British Empire let the Senanayke’s Dominion Government act in the way they did, since the colonialists had their own reasons to do so. For an example, from a ‘Top Secret Report’, dated 09th June 1947, sent to the Cabinet jointly by the Chief of the Air Staff Marshal of the Royal Air Force, Chief of the Imperial General Staff and Vice Chief of the Naval Staff concerning ‘Defence Requirements in Ceylon’ stated:
There is always a danger of India (especially Congress India) interfering in Ceylonese internal politics and promoting discontent among the powerful Indian minority....Such disorders, however provoked, would have a serious effect upon the working of our service establishments. Although the Ceylon Government should be responsible for internal security, in the event of the situation becoming beyond her capacity to control and our defence interests being threatened, we should reserve the right to introduce forces, and to take action as necessary to protect our interests.[3]

As a consequence of the citizenship bills, over 700,000 Tamils became stateless overnight. It was, in fact, the hard labour of the Tamil plantation workers that made a large welfare state possible in the first place. For example, according to official statistical records, the tea production rose to an average 120,000 metric tons in the war years and had peaked in 1948 at137,000 metric tons. ‘….about 40 per cent of gross national income of Ceylon in 1950 was derived from exports and about 30 per cent of gross national expenditure was on imported consumption goods. Nearly 95 per cent of export earnings were from tea, rubber and coconut products’[4] while tea remained as the major export crop. The Sri Lankan state generously spent the revenues to launch massive peasant colonisation schemes while providing free education, free health care, free milk feeding, free meals for school children and subsidies on essential goods, whereas the people who generated the revenues were left out as aliens who were denied even the fundamental democratic right of voting. Instead, they were presented as ‘parasites’ intending to oust the ‘Sinhalese out of their traditional areas’ by way of expansion.

Shocked by the openly racist character of the citizenship bills, one of the leading Tamil politicians at the time, S.J.V.Chelvanayagam, said in the State Council, in 1948: “You are now hitting at the weakest section of the Tamils. You are hitting at the innocent and the meek that are labouring in the chill and the cold of the hill-country plantation regions producing your wealth. We will know where we stand when our turn comes next, we will know when the next piece of legislation in this series comes, the one dealing with our language.'[5]

Many believed that he was carried away by his anger triggered by the discriminatory nature of the Citizenship Bills. But in point of fact, his words reflected a prophetic truth than emotional outrage.

The Sinhala Only Act

At the dawn of twentieth century, it was the Tamil political leaders who became the most outspoken and vigorous advocates of the use of indigenous languages and fought for vernacular education. Long before anyone from the Sinhala elite stressed the need to use the Sinhala language, the Tamil political leadership championed the cause and appealed to the Sinhala masses, to use their mother tongue instead of feeling inferior to the English language. In a speech delivered on the 3rd of September, 1903 at a ceremony held in one of the foremost Sinhala Buddhist schools in Colombo, Ponnambalam Ramanathan, the famous Tamil politician said: "First and foremost, (the cause of the denationalisation of the Sinhalese) is the utter neglect of the use of the Sinhalese language amongst those who have learned to speak English....I have asked these denationalised Sinhalese gentlemen, "Will you tell me what constitutes a Sinhalese man?' Not knowing the answer, they have remained silent. I then asked them, 'Do you take delight in speaking the beautiful Sinhalese language at your homes, and among your friends when you meet in railway carriages and other places, and on public platforms' They feebly smiled.....Am me! If Sinhalese lips will not speak the Sinhalese language, who else is there to speak it?"
And he went on to say: “The man who speaks Sinhalese....without any admixture of foreign language, who can roll out sentence after sentence in pure Sinhalese, charged with sober sense, inspiring and grand to hear is a Sinhalese man indeed....If you cannot or will not speak your native language on public platforms, in railway carriages and in drawing-rooms, and will not stand up for your national institutions, then I say none of you deserve to be called Sinhalese, 1,800,000 Sinhalese will soon dwindle to nothing. The nation will be ruined, and we must await with trembling knees the early destruction of the Sinhalese language.”[6]
Ramanathan was not alone in adopting a broader approach towards promoting Sinhala language. Since the outset of Jaffna Youth Congress (JYC) in 1920s, the teachers associations in predominantly Tamil north worked in close liaison with the JYC and supported their campaign for a broad Ceylonese nationalism. As Jane Russell points out, during the 1931 election boycott campaign, teachers were at the forefront of the JYC agitations, demanding complete independence to the island instead of colonial ‘reforms.’ The members of the associations were known to be quite outspoken about building the north south unity. In 1930, for example, the President of the Jaffna Town Teachers Association urged:
“The best results could be obtained by using the mother tongue as the medium of instruction. The education of the country must be built behind some national aims. It must create a nation of young Ceylonese, proud of their country.”[7]
Ironically, it was a Tamil member from the eastern province who moved a resolution in the State Council calling that ‘teaching of Sinhala in Tamil schools and the Tamil in Sinhala schools be made compulsory’. TheTamils overwhelmingly endorsed the idea, which was well reflected in an editorial published in the ‘Hindu Organ’ in Jaffna:
“We can hardly disguise our joy at the passage of this motion. There is not that atmosphere of complete trust and confidence between the Sinhalese and Tamil communities witch there should be. The State should see that each child is taught in the religion of its parents and the languages of the country. We put it to the Tamils that the Sinhalese may not feel the need for Tamil, but for us a good working knowledge of Sinhalese is of the utmost importance.”[8]

Jane Russell vividly describes the collective mood of enthusiasm prevailed in the Tamil areas: “In 1938, Sinhalese classes were started at the Classical School, Jaffna and Sinhala classes were conducted for Tamil teachers In Hindu schools by the Hindu Board of Education. It became the policy of the Hindu Board in 1940,….that all Hindu schools and colleges in Jaffna teach Sinhala as a compulsory subject. On December 22, 1938, the Northern Province Teachers Association had passed a unanimous resolution that the teaching of Sinhala and Tamil be made compulsory in all schools in Ceylon, a resolution which the Jaffna Youth Congress endorsed in 1939.”[9] 

But there was no widespread excitement in the south of the island to match the raging nationalist fervour in the north to promote both Sinhala and Tamil languages, just as it had been the case during JYC’s election boycott campaign[10] in 1931. Instead of reaching out to the Tamil people, the Sinhala elitist leadership demonstrated their arrogant determination to become the master race of the country. In May 1944, an emerging leader of the Ceylon National Congress, J.R.Jayawardane (who declared an all out war against the Tamils after being elected to become the first Executive President in 1977), moved another resolution in the state council proposing that ‘Sinhalese should be made the medium of instructions in all schools’ and that ‘Sinhalese should be made a compulsory subject in all public examinations.’[11] Tamils, who were taken by surprise by the resolution after all their effort to promote both languages against the dominance of the English language, condemned the idea as a show of supremacist attitudes. Congress stalwart Jayawardane responded by reawakening the British invented mindset of a ‘sub-continental minority’ who are destined to be absorbed by a ‘hostile India’:
“…The great fear I had was that Sinhalese, being a language spoken by only three million people in the whole world, would suffer if Tamil is also placed on an equal footing with Sinhalese. The Influence of Tamil literature, a literature used in India by forty million, and the influence of Tamil films and Tamil culture in this country I thought might be detrimental to the future of the Sinhalese language.”[12]

 The Tamil hopes for a broader Ceylonese nationalism against the colonial dominance was ignored and betrayed again. What next to come was obvious. In 1955, ten years after Jayawardane expressed his fears about ‘forty million Tamils in India’, the new Sinhala crusader, S.W.R.D. Bandaranayake repeated the same ‘fears’ while speaking in favour of a ‘Sinhala Only’ policy:
“With their books and culture and will and strength characteristic of their race, the Tamils (if parity were given) would soon rise to exert their dominant power over us.”[13]

In the following year, 1956, Bandaranayake swept to power in a landslide, leading a new Sinhala coalition. Immediately afterwards, Official Language Act No.33 was passed in Parliament, by a vote of 56 to 29, making Sinhala, the sole official language, amidst protests by Tamil people and the leftwing parliamentary groups. The bill was unofficially termed as the “Sinhala Only Act” which replaced English with Sinhala as the sole official language.

The outrage and shock expressed by many Tamil parliamentarians were overwhelming after voluntarily making an effort to arouse an interest to learn the Sinahala language among the Tamil masses in the 30s. ‘This, I say, is political treachery of the worst type’ said one Tamil parliamentarian while another Tamil MP representing the Communist Party of Sri Lanka lamented: “You will never crush the spirit of a people fighting for existence. You will never make it forget its history....Outside the battles of the working class for its right and its life, I cannot think of a fight more righteous and ennobling than the one which the Tamil people are today beginning for their language.” Out of sheer anger and frustration, one MP asked, “If this is not tyranny…..what is tyranny?’[14]

When the Bill was presented in June 1956, around 200 Tamils convened by the Tamil parties launched a non-violent direct action campaign – or a ‘Satyagraha’, as coined by Mahathma Gandhi during the Indian freedom struggle - to resist the language bill. As they peacefully sat in front of Colombo’s parliament building, the police and the Sinhala hooligans were called in by the ruling politicians. Writing his memoir, a veteran Tamil politician who were present at the scene, retrospectively wrote: “The moment the volunteers and leaders reassembled at the hotel end, a waiting mob of more than a thousand Sinhalese toughs ell on them like a pack of wolves in a most inhuman and cowardly attack. [The satyagrahis] were thrashed at felled prostrate on the ground. Their placards were seized and the wooden poles used as clubs. Some were trampled upon, kicked, beaten and spat upon. Not a single ‘Satyagrahi’ raised his hand in retaliation.....The police stopped the satyagrahis at the northern end of the Galle Face Green and blocked their way to the precincts of Parliament House......As the day advanced, and the Colombo Harbour workers were let out, the mobs swelled until about mid-day and an estimated 100,000 crowded....Tamils spotted on the road were beaten up and thrashed. ...Many prominent Tamil professionals and others were caught, stripped and thrashed. The violence spread throughout the City of Colombo, to the roads, public transport, shops, business houses; wherever Tamils were seen, they were attacked.”[15]

The outcome of the Bill was far reaching. Reflecting upon the consequences of the Sinhala Only Act, a Sinhala academic writes: “The passage of the Sinhala-Only Act marked the first major step towards the "Sinhalisation of the Sri Lankan state"....The Tamil speaking people were given no option but to learn the language of the majority if they wanted to get public service employment.....A large number of Tamil public servants had to accept compulsory retirement because of their inability to prove proficiency in the official language....For them [Tamils], it symbolised an explicit rejection of assimilation by the majority community.”[16]

The drastic drop of Tamil representation in public sector was enormous. ‘From 1956 to 1970, the proportions of Tamils employed by the state fell from 60 to 10 percent in the professions, from 30 to 5 percent in the administrative service, from 50 to 5 percent in clerical service, and from 40 to one percent in the armed forces.’[17]


Education Standardisation 

Despite the governments kept changing every five years, allowing the two dominant Sinhala parties (United National Party - UNP & Sri Lanka Freedom Party - SLFP) to mutually exchange power, the state policies towards the Tamils remain unaffected. For example when the UNP initiated its’ campaign by stripping plantation Tamils of their citizenship rights, the SLFP crushed the Tamil language by making Sinhala as the official language. Likewise, the 1956 and 1958 anti Tamil pogroms were instigated by the SLFP, while the UNP orchestrated the biggest anti-Tamil pogroms in July 1983. The very fact that the change of state power had no effect what so ever on the racist onslaught against the Tamil people confirms that the Sinhala supremacist behaviour is an intrinsic characteristic of the British created unitary state, and hence a very much a structural issue that needs to be seriously investigated. What it unleashed was, in every sense of the Lemkin’s definition, is ‘a coordinated plan of different actions aiming at the destruction of essential foundations of the life of the Tamil people.’

However, as the Sinhala Only Bill effectively succeeded in diminishing Tamil representation in the public sector, the guns were turned towards the area of professional services. By 1970, despite a rapid decrease in Tamil representation in public sector, there was a considerable percentage of Tamils entering medical and engineering fields. ‘Up to 1971, individuals entered universities on the basis of competitive examinations conducted at national level, and marks were given on a uniform basis. Those who scored highest gained access to different faculties in universities irrespective of their ethnicity or districts from which they came.’ As pointed out by a report published by Minority Rights Group in 1996, while there was no bias inherent in this system Tamils from Jaffna and Colombo did particularly well. For example, in 1969-1970 intake science and engineering courses, Tamils constituted 35%, while they constituted over 45% of the intake of engineering and medical faculties.’[18]

The newly elected government led by Sirimavo Banadaranayake, the widow of the previous Prime Minister, was determined to shift the path in order to place direct hurdles to the Tamils who were entering universities. But this was a lethal blow to an already disillusioned and frustrated generation in the north and east. While their lands were taken away in order to settle Sinhala peasants under new colonisation schemes in the east and then barred from entering the public service as clerks and administrative officers through the official language policy, the only escape route the Tamil youth had was the education. But ‘from 1971 onwards, a new system was introduced, which ensured that the number of students qualifying for university entrance from each language was proportionate to the number of students who sat for university entrance examination in that language. In real terms, this meant that Tamil speaking students had to score much higher than Sinhala speaking students to gain admission to universities. This also meant that for the first time, the integrity of university admission policy was tampered with by using ethnicity as a basis. In 1972, a district quota system was introduced in order to benifit those who not having adequate access to educational facilities within each language stream....These changes had a serious impact on the demographic patterns of the university entry. The Tamil representation in science based disciplines fell from 35.3% in 1970 to 19% in 1975. The Sinhala representation in all disciplines increased quite dramatically. In 1975, Sinhalese accounted for 78% of places in the science based disciplines while in the humanities and social sciences they held over 86% of the placements.’

The closure of path to enter the professional service further increased the frustration among the youth who were very much angered by the state brutality displayed towards any non-violent resistance. Moreover, as a new constitution was introduced in 1972, ending the dominion status of the country and renaming it as a ‘Republic’, further steps were taken to fan the flames of discontent among Tamils. The new constitution repelled the nominal protection given to minorities under Article 29(2) in the 1946 constitution apart from legally declaring Sri Lanka as ‘Unitary State’. The separation of powers as ensured by the previous constitution was abolished by Article 5 which instead invested in the National Assembly the judicial, legislative and executive power of the state. Article 126 made explicit that the appointment of judicial officials would be appointed by the cabinet of ministers. Chapter 2 Article 6 of the constitution declared that : ‘The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster Buddhism..." and thus making Buddhism as the state religion, while official status given to Sinhala language was reasserted.

Endless discrimination in areas such as employment, land ownership, education and culture pushed the youth to rethink the validity of the strategies of their previous generation, which appeared more and more pointless in the face of state repression. The discriminatory policies were made to become the ‘law of the land’ and a ‘way of life’. The increasing importance given to political patronage to gain employment and other state benefits further justified the decision of a new generation to resort to violence. As a progressive Sinhala scholar observed: “The system of recruitment on political patronage also favored the Sinhala youth. Irrespective of the regime being UNP or SLFP, opportunities existed for Sinhala youth to build up patron client linkages with local politicians and press themselves forward. The Tamil youth, especially those of the north and the east, did not enjoy this advantage, as their local politicians represented regional ethnic parties, enjoying no power at the centre. Thus the expansion of the public sector was not merely an increase in the state regulation of the economy. It was, simultaneously an area of expansion of job opportunities for Sinhala youth”[19]

In effect, the nationalistic project based along the ideological lines defined by the British colonialists was refined and consolidated while legally completing the establishment of the long awaited ‘Sinhala Buddhist Nation-State’. The stylized lion holding a sword reflecting the Sinhala nation became the emblem of the Buddhist Sri Lankan state. The national flag also constituted of this very lion and in addition encapsulated by four leaves of the holy Bo tree representing the North, East, West and South of the island, denoting the entire land as Sinhala Buddhist heritage. The existence of the Tamils as a distinct nation, with a distinct traditional homeland/habitat and socio-cultural practices was blatantly denied.

Following the introduction of 1972 Republican Constitution leaving out every single amendment proposed by the Tamil parliamentary parties forced the moderate parties to form a new alliance, later named as Tamil United Liberation Front (TULF). In 1976, at the historic convention of the newly formed political front (now famously known as Vattukottai resolution), the Tamils, for the first time in the history, unanimously adopted a resolution calling the Tamil people to support the demand to form a separate state: ‘Independent Socialist Tamil Eelam.’

The adoption of a resolution which called for a separate state marked the end to one historic era of Tamil politics. In 1977 parliamentary elections, TULF won a landslide in the north and eastern provinces, gaining 18 seats out of 22 electorates in the north and east after appealing to the masses demanding a mandate for a separate state.

PTA: Legalization of State Terrorism and Military occupation

In 1979, under the newly elected UNP government, J.R. Jayewardene finalized the legalization of state sponsored armed oppression of Tamils by enacting the Prevention of Terrorism Act no.48 (PTA). Although it was introduced as a temporary law, an amendment passed in 1981 made it permanent. This act enhanced the unleashed repression of Tamils on a collective basis as the state aimed to crush Tamil resistance and the political mobilization which humiliated the Sinhala political forces in the 1977 election. It also facilitated for the military occupation of the North and East which in turn effectively made defunct the civilian administration in the Tamil homeland. The PTA invested the Sri Lankan security forces with extraordinary powers which suspended all the basic democratic and human rights which were enshrined in the constitution. With extra-judicial powers and impunity, the military occupation was imbued with numerous means to subjugate the Tamil nation as a whole. Tamils were given no security for their lives, liberty and property and were brutalized by the occupation.

To establish that the PTA was passed as an act deliberately targeting the Tamils one must look into its origins in a former law and the manner in which it was practiced exclusively on Tamils under the pretext of fighting terrorism. The PTA springs out of the Proscribing of the Liberation Tigers of Tamil Eelam Law (No. 16 of 1978), which was a functioning as a small armed group. The only localities on the island where the military and police were involved in occupation and confrontation were the Tamil areas. Throughout the occupation Tamils as a whole became subjugated to the unlimited powers invested in the armed forces of the state. Furthermore Section 9 (1) of the PTA did not define terrorism, thereby it tactically allows for the arrest of anyone suspected of being involved in any unlawful activities to be detained up until 18 months without trial, or being charged and in incommunicado. After release of detainees, the PTA also attributed power to the Ministry of Defence to issue additional orders restricting an individual’s freedom of movement, association and expression. Individuals were not allowed to participate in organizations or associations, address in public meetings and were even restricted in their place of residence or during travel (Amnesty International 2012 : 13). Section 10 of the PTA explicitly states “an order made under Section 9 shall be final and shall not be called in question in any court or tribunal by way of writ or otherwise”. The PTA was also criticized by two International Commission of Jurist reports as a draconian law:
"The South African Terrorism Act has been called 'a piece of legislation which must shock the conscience of a lawyer.' Many of the provisions of the Sri Lankan Act are equally contrary to accepted principles of the Rule of Law".[20]
"These provisions (in the Prevention of Terrorism Act) are quite extraordinarily wide. No legislation conferring even remotely comparable powers is in force in any other free democracy operating under the Rule of Law, however troubled it may be by politically motivated violence. Indeed there is only one known precedent for the power to impose restriction orders under section 11 of the Sri Lankan P.T.A., and that - as Professor Leary rightly pointed out in her Report - is the comparable legislation currently in force in South Africa... such a provision is an ugly blot on the statute book of any civilised country." [21] 

Following the PTA, President Jayewardene formally mandated the Sri Lankan Army (SLA) to occupy the North and East of the island to "wipe out" the Tamils demanding secession. Tamil political mobilization and resistance was criminalized as well as being designated as "Terrorism". The PTA and the military occupation ensured a reign of unlawful detention, torture and murder of Tamils, which in turn strengthened the legitimacy of the armed resistance among the Tamils against the state terrorism. The legalization of state terrorism and the military subjugation of the Tamil people was a direct reaction to the growing political mobilization of the Tamils under the banner of self-determination.

From March 31 - June 06 1981 the army and police unleashed a campaign of terror and violence in Jaffna town during the preparations for the District Development Council (DDC) elections which were held on 04 of June. The DDC was a minimum autonomy mechanism with no actual power allotted to the Tamil political representatives in the TULF. ‘During the campaign, a candidate and two police officers were killed. Police and security forces, apparently in reaction to the killing of the policemen, went on a rampage in the Tamil City of Jaffna, burning the market area, the home of a member of parliament and the Public Library containing 95,000 volumes.’[22]

The violence spread to other parts of the island, mainly the east and the central regions where Indian Tamil Plantation workers were prone to attacks and particularly targeted. Once more these state coordinated actions brought about more loss of life, liberty and property of the Tamil people. Around 15 000 Tamils were reported to be rendered as refugees who fled to the relative safety of the Tamil stronghold of the North. [23]


Further legalization of state terrorism: The E.R. and the 6th Amendment


By 1983, the Sri Lankan state was entrenched in perpetuating interrelated processes of militarization and colonization in the Tamil homeland to the North and East. The highest executive authority, the President had since 1978 ushered a mandate to the armed forces to subjugate the Tamil people, thus institutionalizing the pursuit for a militarized solution to settle the national question. In this regard further amendments were made constituting a legal framework to enhance the state oppression on Tamils. The Emergency Regulation (ER) 15A was passed in 1983 under the Public Security Ordinance (PSO) and was even more draconian than the PTA. It was introduced as a component of the Article 155 of the constitution which incorporated the PSO originally introduced by British authorities in 1946 (Amnesty International 2011 :3).

The armed forces involved in a military occupation in the North and East through the PTA and ER were invested with the power to arrest any suspect, interrogate and convict as they pleased. The body of suspects shot by the armed forces could be buried or cremated without identification and notification to the family (Thambiah 1986:16). With such practices facilitated by legal provisions and enshrined in the constitution the armed forces were encouraged to utilize any brutalities they could in subjugating, beleaguering and destroying the Tamil people as a whole. With the powers invested in them by the country’s constitution, the armed forces consolidated their power in the North and East with excessive violence, arbitrary detention, torture, rape, extra-judicial killings and massacres of civilians which in turn triggered militant violence.

Frightened by a growing tendency among Tamils to resist the unitary state through democratic means such as witnessed in the 1977 election and in the increased vocal demand for an independent state of Tamil Eelam, the Sinhala political elites and bourgeoisie sought to circumvent the democratic political mobilization of the Tamils. In 1983 Article 157A also known as the 6th amendment was passed in Colombo and added to the Sri Lankan constitution. The implications of the law, collectively breached the basic democratic rights of freedom of expression and association and was in effect intended to silence the democratic means through which the Tamil people and their representatives could voice their political aspirations, grievances and demands. Every parliamentarian and public sector worker was under the 6th amendment obligated to pledge allegiance to the unitary state, and to never advocate their political rights in a manner which threatened the integrity, sovereignty and unity of the nation-state. Thus the Tamil representatives in Parliament were forced to compromise and forsake their elected mandate from the people in order to comply with the obligations of office. In addition any expression, promotion or advocacy of a separate state in any form was to be criminalized and subjected to persecution. The Seventh Schedule, issued under Article 157 A and passed on the 08.08.1983 is the oath one was obligated to take, and is reproduced here:
SEVENTH SCHEDULE: ARTICLE 157 A AND ARTICLE 161 (d) (iii)

i , …………………………….. do solemnly declare and affirm swear that I will
uphold and defend ‘the Constitution of the Democratic Socialist Republic of Sri
Lanka and that I will not, directly or indirectly, in or outside Sri Lanka,
support, espouse, promote, finance, encourage or advocate the establishment of a
separate State within the territory of Sri Lanka.”

Since 1983 with the passing of the PTA, E.R. and the 6th amendment, the legal framework had been amended to engender state oppression, to collectively silence Tamil political and democratic rights, and criminalize Tamil opposition and resistance. During the anti-Tamil pogrom of July 1983 in which thousands of Tamils were massacred and tens of thousands made refugees, Government Ministers, notably Cyril Mathew, the army, and the police were all directly involved in the atrocities. The state was now blatantly conducting its planned affairs to deal with what was known as the "Tamil problem" which implied a depoliticized notion of the national question.

Throughout the 1980's, 1990's and 2000's the Tamil people were subjected to a counterinsurgency which collectively targeted them and their traditional homeland. The atrocities committed by the armed forces were conducted with the fullest of impunity enshrined in the constitution. The dimensions and longevity of the violence which targeted the Tamils amount to nothing less than structural violence as it is institutionalized in the apparatuses of the state and perpetuated through various forms of state coordinated agency. The coordinated plan of various actions deployed by the state and the armed forces were not random and rather exhibit a pattern which perfectly overlaps with the Lemkin’s conceptualisation of Genocide.

________________

Footnotes

[1] Quoted in a speech made by Tamil senator S. Nadesan, at the Ceylon Senate on 15 September 1948. /Ceylon Hansard,
[2] Section 29 of the Soulbury Constitution. (2008). In R. Edirisingha, M. Gomez, V. Thamilmaran & A. Welikala (Eds.), Power Sharing in Sri Lanka: Constitutional and Political Documents 1926-2008 (p. 204). Colombo: Centre for Policy Alternatives.
[3] Cabinet Paper (47) 179 : 09 June 1947 / The National Archives, UK
[4] Nanjundan, S. (1952, April 15). Economic Development of Ceylon. Economic Weekly, p.353.
[5] Navaratnam, V. (Toronto:1991). The Fall and Rise of the Tamil Nation. (pp. 48-49).
[6] Wickramasuriya, S. (1976). A Study of the Educational Ideals of Sir Ponnambalam Ramanathan. The Sri Lanka Journal of the Humanities, ii(2), 89-107.
[7] Russell, J. (1982). Communal Politics under the Donoughmore Constitution 1931-1947. (p. 117). Colombo: Tisara Prakasakayo
[8] Russell, J. (1982). p. 274
[9] Ibid.
[10] See the detailed description on JYC, provided in the document dealing with the British Complicity.
[11] Ceylon Hansard, 1944 (May 24), Cited in Selected Speeches of J.R.Jayawardane (1974), p.74
[12] Ibid., p.7
[13] Daily News (Colombo: 08 November 1995)
[14] DeVotta, N. (2004). Blowback: Linguistic Nationalism, Institutional Decay and Ethnic Conflict in Sri Lanka. (pp. 89-90). California: Stanford University Press.
[15] Navaratnam, V. (Toronto:1991). pp. 106-107
[16] Navaratna-Bandara, A. M. (2002). Ethnic Relations and State Crafting in Post-independent Sri Lanka. In W. Nubin (Ed.), Sri Lanka: Current Issues and Historical Background (p. 63). New York: Nova Science Publishers.
[17] Timberman, D., & Gwendolyn , G. B. (USAID: 2001). Sri Lanka Democracy and Governance
Assessment. Retrieved from website: http://pdf.usaid.gov/pdf_docs/PNADI157.pdf
[18] Perera , S. World Bank, (2001). The Ethnic Conflict in Sri Lanka: A Historical and Socio political Outline. (P.11) Retrieved from website: [http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/03/28/000333037_20120328010832/Rendered/PDF/677060WP00PUBL0io0political0Outline.pdf]
[19] Gunasinghe, N. (1984). Open economy and its impact on ethnic relations in Sri Lanka. In Sri Lanka, the Ethnic Conflict: Myths, Realities and Perspectives (p. 199). Colombo: Committee for Rational Development.
[20] Tambiah, S. J. (1986). Sri lanka: Ethnic Fratricide and the Dismantling of Democracy. (p. 44). Chicago: University of Chicago Press
[21] Sieghart, P. (1984). Sri lanka: A mounting tragedy of errors Report of International Commission of Jurists.
[22] Tambiah, S. J. (1986) p. 19
[23] Ponnambalam, S. (London:1983). Sri Lanka : The National Question and the Tamil Liberation Struggle p.188
______________





"Terrorism" as the ultimate scapegoat for Sri Lankan state terrorism

The Sri Lankan regime and its supporters are rewriting the nature of the conflict in the island as merely a "terrorist problem" thereby obfuscating its complex history and deflecting blame from themselves. As Neil DeVotta writes in his book (p. 37): 
They consequently embrace the refrain that Sri Lanka does not have an ethnic problem; it merely has a terrorist problem. In doing so, they portray the LTTE as the main reason for the civil war, thereby deftly avoiding the civil war’s root causes, which have to do with the quest for Sinhalese Buddhist domination. The global war on terror waged by the United States and others has made the nationalists’ focus on terrorism effective, and emphasizing it has enabled the present government to deflect questions concerning its gross human rights violations against Tamil civilians.

Likewise, the Sinhala journalist Lasantha Wickrematunge, before being assassinated by the government as he predicted, spoke out against the state misconstruing the conflict to excuse their own state terrorism:
we have consistently espoused the view that while separatist terrorism must be eradicated, it is more important to address the root causes of terrorism, and urged government to view Sri Lanka’s ethnic strife in the context of history and not through the telescope of terrorism. We have also agitated against state terrorism in the so-called war against terror, and made no secret of our horror that Sri Lanka is the only country in the world routinely to bomb its own citizens. 

Even after the defeat of the LTTE, the Sinhala nationalists are still harping on about the now defunct group which is brought up in every discussion about war crime investigations and accountability as the ultimate scapegoat to divert attention from their own crimes.


It seems any tyrannical regime can get away with crimes against humanity as long as it appeals to the boogeyman of Terrorism!

Wednesday, 29 June 2016

SINHALESE BUDDHIST NATIONALIST IDEOLOGY: IMPLICATIONS FOR POLITICS AND CONFLICT RESOLUTION IN SRI LANKA


SINHALESE BUDDHIST NATIONALIST IDEOLOGY: IMPLICATIONS FOR POLITICS AND CONFLICT RESOLUTION IN SRI LANKA
by Neil DeVotta
Policy Studies, No. 40
Publisher: Washington, D.C.: East-West Center
Publication Date: 2007
ISBN: 978-1-932728-64-4 (print)
Binding: paper
Pages: ix, 87
Free Download: PDF

Summary

This study argues that political Buddhism and Sinhalese Buddhist nationalism have contributed to a nationalist ideology that has been used to expand and perpetuate Sinhalese Buddhist supremacy within a unitary Sri Lankan state; create laws, rules, and structures that institutionalize such supremacy; and attack those who disagree with this agenda as enemies of the state. The nationalist ideology is influenced by Sinhalese Buddhist mytho-history that was deployed by monks and politicians in the late nineteenth and twentieth centuries to assert that Sri Lanka is the designated sanctuary for Theravada Buddhism, belongs to Sinhalese Buddhists, and Tamils and others live there only due to Sinhalese Buddhist sufferance. This ideology has enabled majority superordination, minority subordination, and a separatist war waged by the Liberation Tigers of Tamil Eelam (LTTE). The study suggests both LTTE terrorism and the ethnocentric nature of the Sri Lankan state, which resorts to its own forms of terrorism when fighting the civil war, need to be overcome if the island is to become a liberal democracy.

The present government of President Mahinda Rajapakse is the first to fully embrace the Sinhalese Buddhist nationalist ideology, suggesting that a political solution to Sri Lanka's ethnic conflict is unlikely. Meaningful devolution of power, whereby Tamils could coalesce with their ethnic counterparts amidst equality and self-respect, is not in the offing. A solution along federal lines is especially unlikely. Instead, continued war and even attacks on Christians and Muslims seem to be in store for Sri Lanka as the Sinhalese Buddhist nationalist ideology is further consolidated. The study recommends that the international community adopt a more proactive stance in promoting a plural state and society in Sri Lanka. In addition to countering the terrorist methods employed by the LTTE, the international community should initiate and support measures to protect fundamental civil liberties and human rights of Sri Lanka's ethnic and religious minority communities.

_______

Excerpts:

"The Duthagamani myth thus not only provides a context, no matter how dubious, for thinking that the Sinhalese and Tamils have been nemeses for two millennia, but also justifies dehumanizing non-Sinhalese, if doing so is necessary to preserve, protect, and propagate the dhamma (Buddhist doctrine). Furthermore, it legitimizes a just war doctrine, provided that war is waged to protect Buddhism. Together with the Vijaya myth, it introduces the bases for the Sinhalese Buddhist belief that Lord Buddha designated the island of Sri Lanka as a repository for Theravada Buddhism. It claims the Sinhalese were the first humans to inhabit the island (as those who predated the Sinhalese were subhuman) and are thus the true “sons of the soil.” Additionally, it institutes the belief that the island’s kings were beholden to protect and foster Buddhism. All of these legacies have had ramifications for the trajectory of political Buddhism and Sinhalese Buddhist nationalism." (p.8)

Sri Lanka, Ethnic Conflict, and the Rise of a Violent Secessionist Movement

Reposted from here: http://www.e-ir.info/2012/11/28/sri-lanka-ethnic-conflict-and-the-rise-of-a-violent-secessionist-movement/


At independence, Sri Lanka was expected to flourish among its newly liberated South Asian counterparts.[1] It had gained universal suffrage as early as 1931, and had a relatively peaceful transfer of power from its colonial rulers to the local government. As well, its minority Tamil population was seen as a passive people not prone to violence.[2] Yet the ethnic conflict that soon engulfed Sri Lanka is one of the world’s most violent and prolonged secessionist movements since the end of the Second World War. Furthermore, the Liberation Tigers of Tamil Eelam (LTTE) was, “arguably the most disciplined, dedicated, and ruthless guerrilla organization in the world.”[3] Although recently defeated in 2009, the underlying ethnic divides which propelled the rebel movement are far from being resolved. The following attempts to explain why this peaceful minority eventually became a violent secessionist group dedicated to the goal of establishing Tamil Eelam (homeland).

From independence in 1946 to the beginning of the civil war in 1983, Tamil demands changed from peaceful attempts to gain language equality to violent demands for a distinct Tamil nation and complete secession from Sri Lanka. This, I will argue, is due to the Tamil’s loss of faith in every aspect of the Sri Lankan state. I will begin by surveying the relevant literature regarding both general theories of ethnic conflict and the Sri Lankan case in particular. Then, the historical factors that contributed to the Tamils rejection of Sri Lanka and demand for secession will be explored in more detail. Finally, I will analyze the reasons why (a) the Tamil movement became distinctly secessionist and (b) why it took on such a violent nature. In conclusion, some insight will be provided for future developments regarding the ethnic conflict in Sri Lanka: although the Tamil Tigers have been removed, if the Sinhalese continue to neglect the needs of the Tamil people and foster distrust among them, it is only a matter of time before another group of Tamil youths give up hope in the Sri Lankan state and resume the war for Tamil Eelam.

Relevant Literature

General Theories of Ethnic Conflict

Donald Horowitz, in Ethnic Groups in Conflict, has contributed the major theory explaining the root causes of ethnic conflict and secessionist movements.[4] Although writing just at the beginning of the Sri Lankan conflict, his general theory posits a framework that is highly applicable to the Sri Lankan case. He argues that, in the general case, two factors are conducive to the development of a distinct movement for a nation-state. First, an ethnically-based party system, especially when the majority group in control is divided by intraethnic party divides, can cause the exclusion of a minority group.[5] Second, “the loss of group members through assimilation and the migration of ethnic strangers into the potentially separatist region” heightens the chances of secessionist demands.[6]

Horowitz then delineates a number of specific secessionist subtypes, one of which, the ‘advanced group’ in a ‘backward region’, is applicable to the Sri Lankan case.[7] Advanced groups can compete outside of their home region, especially for civil jobs and higher wages. Therefore, they tend to migrate out from their traditional homeland and are not going to be easily pushed into demanding secessionist movements. Horowitz argues correctly that, “advanced groups in backward regions have a much higher threshold of tolerance for political events inimical to their interests than backward groups do.”[8] Due to their ability to compete outside of their home region and their often dispersed populations, advanced groups in this situation will try all other means before attempting secession. These groups demand secession only once the benefits of remaining in the state are far outweighed by the difficulties of remaining as part of the state.[9] There are two main factors that lead to this shift of the scale: Discrimination against the advanced groups that limit their previous opportunities, and violence against them from the majority group.[10] All four of the factors listed by Horowitz – an ethnic based party system, migration into the potential secessionist region, discrimination limiting opportunity, and violence directed at a minority – are present in the Sri Lankan case. As well, the Tamils exhausted all other options and suffered over two decades of subordination before turning to violent secession. His theory therefore provides a thorough basis on which to rest an analysis of the factors that led to the ethnic conflict in Sri Lanka.

The Sri Lankan Case

The literature regarding the Sri Lankan conflict has revolved around providing primordialist, constructivist, and instrumentalist explanations to the growing hostilities.[11] Political scientist Neil DeVotta, while incorporating these perspectives into his theory, focuses on an institutionalist explanation to the question of why the Tamils’ demanded secession.[12] In his comprehensive book Blowback, he outlines his theory as follows:
The more particularistic interactions permeate institutions representing the state, the more likely it is that those marginalized will mobilize in opposition. The more ethnically based such particularism is, the more the state would likely regress to ethnocracy. And when such an ethnocracy and its accompanying institutional decay forces those dispossessed and discriminated against to retaliate by mobilizing along ethnonational lines…the stage will be set for ethnic violence.[13]

This, he posits, is exactly what happened in Sri Lanka. However, in his analysis he emphasizes the large role played by the Sinhala Only language movement as the impetus to the secessionist movement.[14] Although it was a strong catalyst for Tamil grievances and led to much of the other discriminatory policy against the Tamils, DeVotta does not devote enough time to discussing the root cause of all these discriminatory policies: the failure to amend the democratic system inherited from British colonial rule, which allowed for a Sinhalese majority to dominate. As well, he does not give enough credit to the other factors listed by Horowitz, such as migration into the Tamil homeland and the role that violent oppression plays in delegitimizing the state. Therefore, linguistic nationalism is only one of many reasons for the eventual demand for Tamil Eelam by the Tamil people.

Insight can also be drawn from primary sources regarding the Tamil-Sinhalese conflict in Sri Lanka. Vaithianathan Navaratnam was a Tamil Nationalist and a member of parliament from 1963-1970. In The Fall and Rise of the Tamil Nation, he provides his personal account of the events leading to the Tamil war of independence. As he knew many of the prominent figures personally and actively participated in much of the history, his memoir is a valuable resource in analyzing the causes of the separatist conflict. In particular, he is highly critical of the failure of the Tamil and Sinhalese leadership alike to change the political structure at independence, an issue that is somewhat overlooked in DeVotta’s analysis.[15]Although his judgements may contain personal bias, it is nonetheless a valuable source in trying to encompass the full scope of the Sri Lankan ethnic conflict.

Historical Factors
There were multiple, overlapping factors which led to the abandonment of the Sri Lankan state by the Tamils. Most, if not all, of these factors fit into Horowitz’s theory on ethnic conflict and secession. Both DeVotta’s focus on linguistic nationalism, as well as Navaratnam’s criticism of the political elites, will be included. However, the colonization of the Tamil homeland by Sinhalese settlers and the use of violence by the state against the minority also contributed to the demand for secession and cannot be left out of the analysis. As well, the failure of the Tamil leadership’s attempts to work through government institutions, the repeated attempts at non-violent protest, and the subsequent disintegration of trust between the Tamils and Sinhalese will be shown to have caused the violent means eventually used by the Liberation Tigers of Tamil Eelam.


Colonial Period

Under British colonial rule, the strategy of divide and rule was implemented to exacerbate differences between the Sinhalese majority and Tamil minority.[16] This tactic was often used. The British would privilege a minority group with better education and government employment. This way, the majority group that was being discriminated against would direct their grievances towards their ethnic counterparts instead of the British colonizers. In the Sri Lankan case, the location of more Christian missionaries in the North meant that Tamils had more access to an English education, which was paramount to gaining employment in the civil service.[17] Over time this meant that, “Sri Lankan Tamils came to occupy a large share of civil service positions and acquired a considerable degree of economic clout.”[18] This marked the beginning of the socioeconomic divide between the Sinhalese and Tamils. As the 20th century progressed and more of the population became enfranchised, the Tamils began to see their political dominance fade. However, they remained dominant in the universities and the business sector. The Tamil domination would later be used as a major justification for the Sinhalese preferential policies, which attempted to reverse these positions. Therefore, the colonial circumstance laid the groundwork for the eventual Sinhalese domination and cannot be ignored as one of the preconditions leading to the secessionist movement.

Independence

At the time of independence, one crucial mistake was made: the Tamil and Sinhalese elites failed to amend the political set-up of the new state to prevent complete domination by an ethnic majority. In 1931, universal suffrage had been granted to Sri Lanka.[19] This had an immediate effect on the elections: “Of the councillors elected in 1931, 38 were Sinhalese, five Tamil, two European and one Moor.”[20] Therefore, by the time of independence, the issue of the electoral nature of an independent Sri Lanka became paramount. G.G. Ponnambalam, a Tamil representative, campaigned for ‘fifty-fifty’ representation, in which the Sinhalese would occupy fifty percent of the seats while the remaining fifty were distributed among the minorities.[21] Instead, a system of proportional representation was insisted upon by the Sinhalese majority.[22]

Although it was supposed to provide a check against majority domination, this changed soon after independence: one of the first laws passed by the new administration was to remove the vote from almost all Indian Tamils living in Sri Lanka, guaranteeing that the Sinhalese could achieve the two-thirds majority needed to enact constitutional changes without the minority vote.[23] The Tamil leadership had made a crucial mistake in not making sure to sufficiently protect against Sinhalese domination. Navaratnam is extremely critical of the Tamil leadership at this crucial moment, stating that,
The record of the Tamil leadership of this period stands out as the most shameful performance of the century…At a time when the highest calibre of statesmanship and the most unselfish devotion to the interests of the people at large was called for this inane leadership only looked after their own interests and those of their class.[24]

He goes on to chastise the Tamil leadership for trusting the Sinhalese instead of ensuring Tamil representation. Tamil elites trusting the Sinhalese government would become a recurrent theme in Tamil-Sinhalese relations, and would lead to the eventual distrust of both the Sri Lankan political system and the Tamil political parties as means to achieving any worthy ends. The Tamil leadership were only concerned with their personal, short-term interests and not the long term interests of the Tamil people, which “Expose[d] the leadership to the charge that they betrayed the Tamil people at the most critical hour in their history.”[25] Although a harsh assessment, it is also correct. The failure to realize that these institutions would not guarantee the safety of the Tamil people allowed for thirty years of Sinhalese domination and continued subordination of the Tamil minority. Sinhalese political domination is the root cause of the ensuing developments and the eventual Tamil demand for secession.

Sinhala Domination

One development that resulted from this Sinhalese domination was the Sinhala Only Movement. Prior to independence, Swabasha (self-language) referred to the switch from English to both Tamil and Sinhalese at the time of independence.[26] At this point, it was meant to provide upward mobility to members of the lower class, who thus far had been denied government jobs due to their lack of English. Up until independence, party politics had not taken hold so the Sinhalese elites saw no reason not to co-operate with their Tamil counterparts.[27] Even after independence, the ruling United National Part (UNP) made numerous guarantees to the Tamil people that their language rights would be protected.[28]

However, there was increasing resentment from the Sinhalese population regarding the inclusion of Tamil as a national language. The Sinhalese, who were far behind the Tamils in university enrolment and government employment, began to mobilize to demand preferential language policies to counter this inequality. With the upcoming 1956 election and the need to secure the Sinhalese vote, Sinhala party leaders now began adopting the Sinhala Only Act as their platform. The Sri Lankan Freedom Party (SLFP), the main Sinhalese opposition to the UNP, did just this: during his campaign, Bandaranaike, leader of the SLFP, promised to make “Sinhala only” a reality “within 24 hours.”[29] Subsequently, this led to Kotelawala, leader of the UNP, to renege on his commitments to the Tamil people, stating, “Whatever my majority my first resolution in parliament will be the ‘Sinhalese only’ motion.”[30] Once again, promises to the Tamil people had been forgone for political gains.

The 1956 election and the adoption of the Sinhala Only Movement also marked the beginning of ethnic outbidding in Sri Lankan party politics. The Mahajana Eksah Peramuna (MEP, People’s United Front) coalition led by Bandaranaike won a landslide election, and soon after passed the Sinhala Only Act. What frightened the Tamil people was the fact that the Act, “paved the way for a quick assimilation into the majority Singhalese mainstream, and threatened the very survival of the Tamils as an ethnically and culturally distinct people.”[31] This fear would only be heightened by subsequent Sinhalese policies.

Under the presidency of Bandaranaike’s wife, Sirimavo, the Sinhala language policy and its repression of the Tamil people only grew worse.[32] Unfortunately, the Tamil leadership failed to learn from its past mistakes and once again trusted this government to ensure the protection of Tamil language rights. They encouraged Tamils outside of their constituencies to vote for Mrs. Bandaranaike, solidifying her majority in government.[33] However, “When the election ensured that the SLFP has a majority to govern on its own, Mrs. Bandaranaike cavalierly disregarded the unwritten promises made to the Federal Party (FP) leaders.”[34] She went on to censor Tamil entertainment and entertainers, passed the Language of the Courts Act, which expanded the use of Sinhala in courthouses, and completely ignored the Tamil Language (Special Provisions) Act that was passed in 1958.[35] The effects on the Tamils were enormous:
While 30 percent of the Ceylon Administration Service, 50 percent of the clerical service, 60 percent of the engineers and doctors, 40 percent of the armed forces, and 40 percent of the labour force in 1956…By 1970, they had plummeted to 5 percent, 5 percent, 10 percent, 1 percent, and 5 percent respectively.[36]

The Sinhala Only movement also bled into other forms of Tamil subordination, such as the colonization of the Tamil homeland, discussed below.

Resettlement

Colonization of the Northern and Eastern provinces was another way in which the Sinhala government pushed for cultural assimilation while completely neglecting the needs of the Tamil people. The resettlement scheme had two aims: firstly, to decrease the voting strength of the Tamil people in these areas; secondly, to delegitimize Tamil claims that these were their traditional homelands where they had a significant majority.[37] Re-settlement induced fear in the Tamils that their distinct territory may be lost, and with it their distinct culture. Later, once the violent secessionist movement had begun, “the long standing government policy of resettling Sinhalese on Tamil land [became] a constant catalyst for massacres.”[38]

Failure to Compromise

Before the demand for secession was made, the Tamil leadership tried on numerous occasions to work through the government to achieve its goals. On all these occasions, although promises of parity and protection were often made to the Tamil people, their demands were ultimately ignored. In the mid-1950s, the FP, then lead by Chelvanayakam, made demands for a federal structure, linguistic parity, the end to Sinhalese colonization, and the re-enfranchisement of the Tamil Indians.[39] The demands sought to work within the state structure and in no way hinted at a secessionist movement.

The initial result of these demands was a compromise reached between the FP and the MEP known as the Bandaranaike-Chelvanayakam Pact (BC Pact), which saw the FP making large sacrifices in its demands in order to work peacefully with the government.[40] Even so, under pressure from Buddhist monks and the opposition party, Bandaranaike, “tore up a copy of the pact in front of the assembled monks who clapped in joy.”[41] This is another example of where the Sinhalese leadership broke promises to the Tamil people in favour of satisfying the Sinhalese majority, entrenching the mistrust that the Tamil people had begun to feel towards the Sinhalese government. Navaratnam, who was present with Chelvanayakam during the drafting of the BC Pact, expresses his image of the Sinhalese people after its failure: “The repudiation of that settlement conveyed only one message, namely, that the Singhalese people and their Government were in no mood to deal with the Tamil-speaking people except on terms of Tamil subservience.”[42] In time, these terms of subservience would come to be whole-heartedly rejected by the Tamil youth in exchange for a violent struggle for independence.

Another attempt at compromise was the Tamil Language (Special Provisions) Act passed in 1958.[43] However, it suffered from the same problems as the BC Pact. First, the provisions laid out in it were wholly inadequate. Moreover, although it did not infringe upon Sinhalese rights at all, it still led to the assassination of Bandaranaike by Sinhalese monks.[44] This exemplifies how, as early as 1958, the politics of ethnic outbidding and the inability to make concessions had become deeply engrained in the political system of Sri Lanka. Most importantly, the Tamil Language Act was never even implemented and, “made no difference whatsoever.”[45]

The 1956 election confirmed that attempting to work through government institutions was futile for gaining Tamil rights and protections. In the election, the UNP needed the support of the FP to gain a majority, so it agreed to the Senanayake-Chelvanayaka Pact (DC Pact).[46] This would ensure Tamil language rights in the Northern and Eastern Provinces, as well as stop the colonization scheme and recognize these two provinces as a distinctly Tamil region. Similarly to the BC Pact, no mention of secession or separatism was made by the FP, which still hoped to work within the Sri Lankan government. Not surprisingly, the DC Pact, like its predecessor, was abandoned due to pressure from the Sinhalese majority. The continued betrayal of the Tamil leadership by the Sinhalese government, “left the FP and the Tamils with no alternative but to turn their backs on the single federalised island entity they had striven for.”[47] From this point onwards, their demands switched to a call for a separate Tamil Eelam (homeland).

Violent Oppression

Prior to the extreme violence and terrorism of the LTTE in their fight for Tamil Eelam, the Tamil people attempted to use non-violent protest to achieve their political goals. Satyagraha (non-violent) campaigns were mainly espoused by Chelvanayakam, who hoped to emulate the successes of Ghandi in India.[48]The first instance of satyagraha was in response to the passing of the Sinhala Only Act in 1956. This was met with immediate violence from Sinhalese.[49] The violence soon expanded, and resulted in the Anti-Tamil Riots of 1956. The irony here is that it is hard to pinpoint exactly what the Sinhalese were rioting over, for it was the Tamil language that had just been suppressed by law. What was even more disturbing was the conduct of the security forces, who were accused of allowing for much of the violence to occur and of being partial to the Sinhalese rioters.[50] The result of this was that, “the partial treatment meted out to those involved in the riots undermined Tamils’ confidence in the country’s governing institutions.”[51] However, if the security forces treatment of the Tamils in this case undermined their confidence, its subsequent treatment of Tamils during non-violent campaigns would lead to the complete rejection of the Security Force as a legitimate institution.

When the Sinhala Only Act took effect in 1961, the second major satyagraha campaign commenced. This time, when the military intervened, they imposed a brutal state of emergency: “Tamils were ordered about and searched in humiliating fashion, beaten, and stoned by soldiers passing by in military vehicles, and Tamil women were occasionally raped, so that by the mid-1960s, the army especially was seen as a Sinhalese occupation force.”[52] By this point, the military, along with the government behind it, was viewed as completely illegitimate by the Tamil people. The Sinhalese-Tamil divide had become so sharp that the government and military, which are meant to protect their citizens impartially, had taken to defending the Sinhalese while showing no regard at all for the lives and livelihood of the Tamil people. This also led the Tamil people to reject non-violence as a useful means to their political goals:
Tamils had become especially convinced that resorting to satyagraha was meaningless against successive Sinhalese governments that did not respect fundamental civil liberties, displayed no qualms about using violence to suppress peaceful protest, and were determined to create a Sinhalese ethnocracy.[53]

From this point onward, the Tamil people would seek to achieve their goals through violent means.

Once violent interactions become the norm, retributive violence led to a mutually-enforcing hostile environment between the Tamils and Sinhalese. As noted above, the Sinhalese people and government were the first to use violence. As well, although the LTTE is often sighted for its acts of terrorism, it should be remember that the first major assassination in 1956 of Bandaranaike was committed by two Sinhalese Buddhist monks.[54] Therefore the use of violence, both for suppression and terrorism, had been legitimized before the Tamil people resorted to violent tactics. However, by 1977, Tamil youths had become extremely dissatisfied with the Sinhalese government and the Tamil leadership alike. They had begun resorting to terrorist activity, committing assassinations of Tamil ‘collaborators’ and police officials while robbing banks to fund their activities.[55]

This instigated the 1977 Anti-Tamil Riots. These were led by the armed forces, were extremely brutal, and simply led to the marginalization and radicalization of more Tamils. Then, in 1983, the LTTE successfully carried out an attack which killed 13 soldiers.[56] This sparked retaliation by soldiers, who took to terrorizing Tamils in Jaffna. The result was the worst violence yet in the ethnic conflict in Sri Lanka. The cycle of terrorist activity, responded to by Security Force crack down, which leads to more terrorist activity, shows how once violence became normalized, it became mutually reinforcing and only heightened the divide between Sinhalese and Tamil. This can be seen as the last factor which guaranteed that the ethnic conflict would turn out to be a bloody and violent secessionist movement, with little compromise and no mercy involved.

Conclusions

Demand for Secession

In conclusion, the demand for a separate state resulted from the realization that Tamil interests and security could not be provided by Sri Lanka. Since independence, the Sinhala Only policy, coupled with the colonization schemes, have severely limited the opportunities afforded to the Sri Lankan Tamils. Some Sinhalese elites, such as Perera, had enough foresight to see that subordinating the Tamils would, “Be disastrous for the welfare of this country, [for] we shall have a perpetual division of the country, we shall never get a united Ceylonand we shall have a tremendous amount of bloodshed.”[57] Furthermore, the partisan violence exhibited by the Sri Lankan armed forces has convinced the Tamil people that their physical security is not provided by the Sri Lankan government. These two taken together led the Tamil people to lose all faith in the Sri Lankan state and its institutions and demand their own state.

Adoption of Violence

Similarly, the recourse to violence arose because in the same way that their interests and security could not be gained through the Sri Lankan state, neither could their independence. This was mainly due to the consistent and repeated inability of their own leadership to achieve any meaningful gains through government institutions, as well as the failure of non-violent means of achieving their goals. Tamil youths saw their leaders repeatedly fall for the false promises held out by the Sinhalese governments, only to see these promises repeatedly broken. Similarly, non-violence achieved little more than police brutality and rioting against the Tamil population. As these methods had proved inadequate, the Tamil youth were left with only one alternative: violent confrontation.

Future Considerations

Overall, the Tamil people had no faith in the Sri Lankan state by 1983. Not only had it lost faith in the Sinhalese leadership’s ability to meet Tamil needs, it had also lost faith in the Tamil leadership’s ability to bring about those changes through peaceful government institutions.

Today, little of this has changed. Although the LTTE has been defeated, the Tamil people still have no faith in the Sinhalese rulers of Sri Lanka and do not trust the military to protect them. Although concessions have been made over the past 30 years regarding autonomy and language issues, it has been shown that promises made by the Sinhalese government rarely materialize in reality. A certain level of trust must be fostered between these two groups in order for them to occupy the island together in relative harmony. The Sinhalese government cannot simply occupy the Tamil areas and rule through force. Lasantha Wickrematunge, a Sri Lankan journalist who was assassinated in 2009 by the government, summarizes well:
Military occupation of the country’s north and east will require the Tamil people of those regions to live eternally as second-class citizens, deprived of all self-respect… The wounds of war will scar them forever, and you will have an even more bitter and hateful diaspora to contend with. A problem amenable to a political solution will thus become a festering wound that will yield strife for all eternity.[58]

The Sinhalese must be sincere this time around. They must keep their promises to the Tamil people and show them that their interests and security can be provided within a united Sri Lankan State. If not, it is only a matter of time before they resume their violent struggle for a state of their own.

Works Cited

Anderson, Jon Lee. “Death of a Tiger.” New Yorker. 86.44 (2011): 40-55. Academic Search Complete. EBSCO. Web.1 Apr. 2011.


Bandarage, Asoka. The Separatist Conflict in Sri Lanka.New York: Routledge, 2009.

DeVotta, Neil. Blowback: Linguistic Nationalism, Institutional Decay, and Ethnic Conflict in Sri Lanka.Stanford:StanfordUniversity Press, 2004.

DeVotta, Neil (2006); “Ethnolinguistic Nationalism and Ethnic Conflict in Sri Lanka.” Politics of Conflict and Peace in Sri Lanka. Ed. P. Sahadevan and Neil DeVotta. New Delhi: Manak, 2006. 30-69.

Horowitz, Donald. Ethnic Groups in Conflict.California:University ofCalifornia Press, 1985.

Kulandaswamy, M.S. Sri Lankan Crisis: Anatomy of Ethnicity, Peace, and Security. Delhi: Authors press, 2000.

Navaratnam, Vaithianathan. The Fall and Rise of Tamil Nation.Madras: Kaanthalakam, 1991.

O’Balance, Edgar. The Cyanide War.UK: Brassey’s, 1989.

Ponnambalam, Satchi. Sri Lanka: The National Question and the Tamil Liberation Struggle. London: Zed Books Ltd., 1983.

Swamy, M. R. Narayan. Tigers of Lanka: From Boys to Guerrillas.Delhi: Konark, 1994.

Wilson, A. Jeyaratnam. Sri Lankan Tamil Nationalism.London: C. Hurst & Co., 2000.

Wilson, A. Jeyaratnam. The Break-Up of Sri Lanka.London: C. Hurst & Co., 1988.

________________________________________________

[1] DeVotta, Neil. (2004); Blowback: Linguistic Nationalism, Institutional Decay, and Ethnic Conflict in Sri Lanka. Stanford: Stanford University Press, p.6

[2] DeVotta, Neil. (2004); ­­op. cit., p. 166

[3] DeVotta, Neil. (2004); ­­op. cit., p.170

[4] Horowitz, Donald (1985); Ethnic Groups in Conflict.California:University ofCalifornia Press, p. xi-xii

[5] Horowitz, Donald (1985); op. cit., p. 262

[6] Horowitz, Donald (1985); op. cit., p. 262-263

[7] Horowitz, Donald (1985); op. cit., p. 243

[8] Horowitz, Donald (1985); op. cit., p. 244

[9] Horowitz, Donald (1985); op. cit., p. 244

[10] Horowitz, Donald (1985); op. cit., p. 247

[11] DeVotta, Neil. (2004); ­­op. cit., p. 1

[12] DeVotta, Neil. (2004); ­­op. cit., p. 15

[13] DeVotta, Neil. (2004); ­­op. cit., p. 16

[14] DeVotta, Neil. (2004); ­­op. cit., p. 3

[15] Navaratnam, Vaithianathan (1991); The Fall and Rise of Tamil Nation.Madras,India: Kaanthalakam, p. 12

[16] Bandarage, Asoka (2009); The Separatist Conflict in Sri Lanka.New York: Routledge, p.30

[17] Bandarage, Asoka (2009); op. cit., p. 31

[18] Kulandaswamy, M.S. (2000); Sri Lankan Crisis: Anatomy of Ethnicity, Peace, and Security.Delhi: Authors Press, p. 21

[19] Bandarage, Asoka (2009); op. cit., p. 35

[20] Bandarage, Asoka (2009); op. cit., p. 36

[21] Wilson, A. Jeyaratnam (1988); The Break-Up of Sri Lanka. London: C. Hurst & Co., p.17

[22] Wilson, A. Jeyaratnam (1988); op. cit., p.18

[23] Bandarage, Asoka (2009); op. cit., p. 38

[24] Navaratnam, Vaithianathan (1991);op. cit., p. 12

[25] Navaratnam, Vaithianathan (1991);op. cit., p. 12

[26] DeVotta, Neil (2006); “Ethnolinguistic Nationalism and Ethnic Conflict in Sri Lanka” in P. Sahadevan and Neil DeVotta, eds., Politics of Conflict and Peace in Sri Lanka.New Delhi: Manak, p. 37

[27] DeVotta, Neil (2004); op. cit., p. 49

[28] DeVotta, Neil (2004); op. cit., p. 53

[29] Ponnambalam, Satchi (1983); Sri Lanka: The National Question and the Tamil Liberation Struggle.London: Zed Books Ltd., p. 98b

[30] DeVotta, Neil (2004); op. cit., p. 60

[31] Navaratnam, Vaithianathan (1991);op. cit., p. 113

[32] DeVotta, Neil (2006); op. cit., p. 51

[33] DeVotta, Neil (2004); op. cit., p. 123

[34] DeVotta, Neil (2004); op. cit., p.124

[35] DeVotta, Neil (2004); op. cit., p. 124-125

[36] DeVotta, Neil (2006); op. cit., p. 52

[37] Wilson, A. Jeyaratnam (1988); op. cit., p. 37

[38] O’Balance, Edgar (1989);The Cyanide War.UK: Brassey’s, p. 48

[39] Wilson, A. Jeyaratnam (2000); Sri Lankan Tamil Nationalism.London: C. Hurst & Co., p.85

[40] DeVotta, Neil (2004); op. cit., p. 102

[41] Swamy, M. R. Narayan (1994); Tigers of Lanka: From Boys to Guerrillas.Delhi: Konark, 12

[42] Navaratnam, Vaithianathan (1991);op. cit., p. 138

[43] DeVotta, Neil (2004); op. cit., p. 119

[44] DeVotta, Neil (2004); op. cit., p. 121

[45] Navaratnam, Vaithianathan (1991);op. cit., p. 244

[46] Wilson, A. Jeyaratnam (2000); op. cit., p. 96

[47] Wilson, A. Jeyaratnam (2000); op. cit., p. 99

[48] DeVotta, Neil (2004); op. cit., p. 139-140

[49] DeVotta, Neil (2004); op. cit., p. 83

[50] DeVotta, Neil (2004); op. cit., p. 84

[51] DeVotta, Neil (2004); op. cit., p. 85

[52] DeVotta, Neil (2004); op. cit., p. 127

[53] DeVotta, Neil (2004); op. cit., p. 140

[54] O’Balance, Edgar (1989); op. cit., p. 3

[55] DeVotta, Neil (2004); op. cit., p. 169

[56] O’Balance, Edgar (1989); op. cit., p. 21

[57] DeVotta, Neil (2004); op. cit., p. 58

[58] Anderson, Jon Lee (2011); Death of A Tiger. New Yorker


Written by: Declan O’Briain
Written at: McGill University
Written for: Professor Narendra Subramanian
Date written: 01/04/2011

War for Sovereignty and Buddhist Morality


Sri Lanka, a nation that claims to be Buddhist and whose constitution gives Buddhism “the foremost place”, had engaged in a bloody civil war with the LTTE which sought to create an independent homeland for the Tamil minority. The war ended in 2009 with the defeat of the LTTE and heavy civilian casualties. Both sides have been accused of human rights violations.

This inevitably raises the question about Buddhist morality and its relation to war given the prevailing perception of Buddhism as an inherently peaceful religion. How are Sri Lankan Buddhists going to justify killing thousands in the name of sovereignty and territorial integrity using Buddhist morality? Is sovereignty worth more than human lives? Given the death of thousands could have been avoided had the Sri Lankan state simply recognized the right to self-determination of the Tamils, the war could only be seen as unnecessary and preventable bloodshedding.

Yet evidently the Lankan Buddhists valued sovereignty over human life. This is not consistent with the Buddhist position which calls for renouncing attachments. This position, however, would be more in line with the Mahavamsa version (or bastardization) of Buddhism as practiced in Sri Lanka which teaches that it’s righteous to wage war in the name of Buddhism and to unite the country under a Buddhist monarch.