The Hon. Sivagnanam Shritharan

¶ 01 Because nearly 25 years before the signing of the Banda–Selva Pact on 26 July 1957 to establish regional councils with the then leader of the Federal Party, the late S. J. V. Chelvanayakam, he had already written these articles and set out his proposals. While S. W. R. D. Bandaranaike spoke of “federalism” in 1926, on 18 December 1949, at the inaugural meeting of the first federal party of Sri Lanka, the Tamil national father, Chelvanayakam, said as follows:

¶ 02 “We must bring to Sri Lanka a federal constitution that includes a Tamil-speaking autonomous provincial unit and a Sinhala autonomous provincial unit, with both sharing power with the central government. It should include proposals to provide common safeguards to prevent the small Tamil-speaking nation from being extinguished or crushed by the larger nation.”

¶ 03 This was a prophetic speech! Whenever, at different times in this country, power-sharing was discussed, this speech was cited. Why do I say this? So that we reflect on the fact that there is an ethnic problem in this country. The phrase “everyone here is equal” is uttered; that belongs only to wordplay. Just as the identity, land, and language of the Sinhala nation living in this country are important, so too are the identity, land, and language of the Tamil nation, a national people with a historical presence on this soil, who sprang from and grew in this land, identifying with the five sacred palmyra. Therefore, until you recognize the Tamil nation in this country, how will the rich and pure journeys of this country come to pass? That is the question we have.

¶ 04 That is why we, and those living in the diaspora, wish to join hands with you. But those hands must be clasped firmly in a way that you can live as yourselves and we can live as ourselves. Only then can we build peace, the economy, and the future of this country in the best way.

¶ 05 Please understand that the political demand of the Tamil people in this country—to live as citizens with equal rights—was met with prohibitions and violence against them: be it economic embargoes at one time, or restrictions placed on their educational activities. All these were imposed when they asked for equal rights. Yet when we speak now of equal rights, we forget past history—forget it and portray it as if it were violence.

¶ 06 Hon. Deputy Chairperson of Committees, the Banda–Selva Pact of 1957 and the Dudley–Chelva Pact of 1965 were torn up. In 1956, the Sinhala Only Act was immediately brought by the same S. W. R. D. Bandaranaike who had earlier signed the agreement—and then he tore it up! The Dudley–Chelva Pact of 1965 was abandoned due to the opposition of J. R. Jayewardene. All this happened in this country in the past. There is an ethnic problem in this country; it has long smouldered like embers. The Tamil people will welcome you; they will speak with you; they will even give you votes and support—this is true. But they also think there will be progress during your time towards a solution to the ethnic question. You too have come to a long tenure of power, as a party that bore thousands of pains over a long journey, and today you hold responsibility for governing.

¶ 07 I often record this in this House: the death of the beauty of Kataragama, Manamperi, affected not only the Sinhala people but, in that period, affected the Tamil people greatly as well. As you view the death of Manamperi, please think similarly of the death of Issipriya—that it too affected people. By shedding blood, tears, and sweat, by sacrificing more than 70,000 Sinhala youth—men and women—growing gradually over a long journey and waiting 50 years, if you have been able to establish a political right democratically, it is one of the greatest transformations brought about on this globe, especially in Sri Lanka. You must ask why the same transformation should not come for the Tamils. Nature does not permanently leave gaps; where wrongs and errors occur, nature will determine its role.

¶ 08 Please do not let the just demands of the Tamils be drowned out by saying “we grant equality,” “we treat all equally.” We must live together. Peace, which seems far away to us, should be brought near. On the basis of the majority you possess, create it during your time; shape it; bring it about!

¶ 09 I think the 1944 memorandum submitted by the Communist Party of Sri Lanka referred to federalism. Four years before Sri Lanka’s independence, the Communist Party proposed that the country could progress on a federal solution. The present Constitution of Sri Lanka has been in place for 47 years; before the election, you spoke of a new constitution. Now it lies dormant. The present Constitution was brought by J. R. Jayewardene in 1978.

¶ 10 In his final years, in an interview to The Sunday Times on 1 January 1995, he stated that “a federal constitution would be the first choice to resolve the North-East ethnic conflict.” Why? Because of his experience. J. R. Jayewardene, who himself said “if it is war, then war” and declared war, later clearly recognized that, short of turning a man into a woman or a woman into a man, almost everything else could be done through the constitution—and that a federal system was most appropriate for Sri Lanka in his final period.

¶ 11 Please think: time and history have given you a good opportunity. If you understand the opportunity of this time and the moment of history, Tamil-speaking people and Sinhala people can quickly join hands on this soil to develop the country. But that “being one” is not sameness; it must be founded on our being one nation and you another nation, and our hands clasping tightly for that reason.

¶ 12 Hon. Deputy Chairperson of Committees, we Tamils have been deceived many times; that is why we have lost trust in you. In particular, the Indo–Sri Lanka Accord of 29 July 1987 has not yet been fully implemented. It remains idle. Arguing it could not be implemented, those from your own party—Unitarians—filed cases and separated the temporarily merged North–East. Today the biggest key to open the doors of peace is in your hands. This is your responsibility and duty.

¶ 13 Further, references to power-sharing are found in the Mangala Moonesinghe Committee proposals brought under President R. Premadasa but shelved; President Chandrika Bandaranaike Kumaratunga’s devolution proposals of 1995 and 1997 and the draft Constitution Bill presented to Parliament in August 2000; the “Oslo” and “Tokyo” understandings under Prime Minister Ranil Wickremesinghe; the speech by then President Mahinda Rajapaksa at the inaugural meeting of the All Party Representatives Committee; and the report of the multi-ethnic panel of experts appointed by him.

¶ 14 In 2010 there was a remarkable opportunity in this country. The Sinhala people saw Mahinda Rajapaksa—who said “I ended the war; I am the king”—as a king. History gave him a great chance. Had he then proposed a federal, power-sharing political solution, the Sinhala people would not have opposed it. A similar opportunity has come to you today. You have the parliamentary majority. Our Sinhala brothers and sisters trust you; you have built that trust gradually over 50 years. Therefore I ask you: through that trust, begin a new era of peace for the people of this country. Do it swiftly; foster goodwill.

¶ 15 On 8 November 2016, at the first death anniversary commemoration of the late Venerable Maduluwawe Sobitha Thero, held at the Sri Lanka Foundation Institute under President Maithripala Sirisena, Professor Sarath Wijesooriya of the University of Colombo stated very clearly that this is an opportunity to build inter-ethnic harmony and, through a new constitution, to implement power-sharing; that if we fail to take a bold decision for the country by using this best opportunity, the country will face setbacks that cannot be averted. Please consider his views.

¶ 16 In 2016, when Parliament sat as a Constitutional Assembly, a subcommittee on fundamental rights was appointed. I served as a member. Appearing before it, Professor Nawarathna of the Department of Political Science at the University of Peradeniya said: “We must accept that there are two nations in Sri Lanka: the Sinhala nation which speaks Sinhala, and the Tamil nation which speaks Tamil. Only by accepting these fundamentals can we reach a proper solution.” Please reflect on this.

¶ 17 Hon. Members, on 13 March 2015, when the present Prime Minister of India, Hon. Narendra Modi, sat in this Chamber and addressed us, he referred to “cooperative federalism.” He asked us to consider cooperative federalism as a way to resolve the problem in Sri Lanka, drawing from his 13 years’ experience as Chief Minister. Please think: to build the economy of this country and strengthen everyone’s hands, a great message lies before us.

¶ 18 Hon. Deputy Chairperson of Committees, please give me two minutes. I must state my view on behalf of my community.

¶ 19 Across all those periods, many negotiations took place. In 2002, based on the talks between the Government led by Ranil and the LTTE led by Prabhakaran, Prof. G. L. Peiris stated: “Responding to a proposal advanced by the LTTE leadership, the parties agreed to explore a solution, within a united Sri Lanka, founded on a federal structure, based on the principle of internal self-determination in the historically inhabited areas of the Tamil-speaking people.” Please consider: such understandings have been reached.

¶ 20 Hon. Deputy Chairperson of Committees

¶ 21 Hon. Member, please conclude your speech now.