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The unimplemented B-C PACT was the closest we came to achieving a
Federal Constitution. Under Section 29 of the Soulbury Constitution,
Parliament was the sole legislative organ of the nation. However,
unlike the 1972 & 1978 Unitary Constitutions, Parliament was not
barred from delegating certain of those powers irrevocably and
finally to regional bodies. Under the Unitary Constitutions,
Parliament has to retain a continuing control over the powers it
delegates. It can, therefore, withdraw or modify those powers at any
time. There lies the difference.
Under an Unitary Constitution, Parliament can only dissolve
power, which it can regain, while under the Soulbury Constitution,
it could relinquish legislative powers for good. Under Soulbury, a
Federal State was possible. Here lies a major difference between the
ISGA proposals and the District Councils under the BC Pact. The
Regional [or District] Councils were to have had legislative powers
over Agriculture, Cooperatives, Land and Land Development,
colonization, education, health and health services, industries and
fisheries, housing, social services, water schemes, electricity and
roads. The ISGA, by contrast, is principally an administrative organ
as opposed to being a legislative body.
Having said that as a broad principle, the ISGA does mention
legislative powers in Article 14 of the Proposal, though Article 9
says "The ISGA shall have plenary powers for the governance of the
NorthEast, including, RESETTLEMENT, REHABILITATION, RECONSTRUCTION
AND DEVELOPMENT [RRRD}." Where then does the ISGA have Legislative
as opposed to Administrative authority?
The first instance of legislative authority is contained in Article
14, which permits the ISGA to create District Committees and
delegate powers to them. The powers they can delegate are
principally Administrative in nature, so that is hardly a potent
legislative power for it to possess. Under Article 15, the ISGA may
create expert advisory Committees to advise on economic,financial,
judicial, resettlement and rehabilitation affairs. These are mere
advisory bodies to help in the Administration of these and other
subjects. This again is a very minor legislative power. The only
other area where there is implied legislative power is in the
creation of institutions for the administration of justice, and the
vesting of judicial powers to such institutions, under under Article
10.
Another very salient difference is that under the BC PACT, two or
more regional units could AMALGAMATE EVEN BEYOND PROVINCIAL LIMITS,
DIVIDE OR COLLABORATE IN THEIR SELF INTEREST, subject to
ratification by Parliament. The ISGA has no such authority.
Some critics of the LTTE proposals suggest that their demands are a
stepping stone to separation, when in fact, they are no more than a
stepping stone toward a United Federal State. Is not that the
primary object of the current peace talks? The LTTE has openly
abandoned its demand for separation in favor of the creation of a
autonomous State, just as the Federal Party abandoned its demand to
object to the Sinhala Only Act as part of the give and take of those
negotiations with the Prime Minister of that period.
In addition, one has to look at the considerable controls the LTTE
has placed upon the administration of the areas under its authority.
Under Article 4, they shall not violate internationally recognized
standards of human rights, with an independent commission to oversee
and ensure compliance with such basic rights. Under Article 5, "No
religion shall be preeminent," Articles 6 & 8 bar discrimination and
Article 7 bars Bribery. There were no such restrictions placed on
the District Councils, which could have indulged in all the
discrimination each saw fit to impose on non-Tamils living in these
regions. I have just one minor suggestion to make, however. In
article 8, where it says "no law, regulation, etc ......shall be
made concerning the culture and religion," I would use the words
'background, customs, lifestyles, culture or history or
organizations of any community or religion or religious body.'
On the financial side, the ISGA will have no more power than that
which was offered under the B-C PACT. There are funds to be supplied
from the Consolidated Fund, plus powers to tax and borrow. This
proposal rightly adds grants and loans intended for use in the
NorthEast and adds the right to Trade, just as any American State of
the American Union has [Articles 11-21].
The other additional feature under this proposal is that all
disputes between individuals shall be decided upon by an independent
judiciary. The exceptions are Human Rights violations, previously
mentioned, and disputes between the ISGA & the GOSL, which shall be
settled under the terms of Article 22, which ensures absolute
impartiality
The areas in which the ISGA will exercise administrative powers are
over the Administration of Land, and land development, of lands
which are not privately owned, [a non-leftist proposition],
Resettlement of Occupied lands, Marine and off shore recourses,
riparian rights over rivers and overseeing the natural resources of
the region. These are but self evident expectations of a people
seeking some degree of regional control over the region they
dominate.
Overall, these are very modest proposals in accordance with the
ultimate goal of attaining an autonomous governing authority.
Furthermore, these are the first proposals, which are obviously
subject to counter proposals. The fears expressed by the Indian
government, which have alienated themselves from the Tamil cause in
Sri Lanka ever since they intervened in our affairs in the 1980's,
are not worth an iota of consideration. These are the paranoid
ravings of a paranoid government constantly facing separatist
demands in their own country. The LTTE proposals are designed to
avert such a demand for separation. The Indian government's paranoia
can hardly be allowed to raise any shock waves in Sri Lankan
solutions to Sri Lankan problems. They should never again be
permitted to interfere in our affairs. Both they and we should have
learned that lesson by now. Let them manage their destiny; and let
us control ours.
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