What is ITAK’s gameplan demanding 13A Land & Police powers?
It is important to understand that terrorism was only part of the problem. The bigger problem is the issue of attempts to separate Sri Lanka, a quest started by ITAK from 1949 onwards. ITAK or Illankai Tamil Arasu Katchchi translated meant Tamil State party but camouflaged quest as federal. Its aims & objectives & the use of “shamasthi” was promoted as federal. Yet, in 2008, ITAK changed “shamasthi” to “innaipachchi” & we connote that to mean confederal. Also at the same convention in 2008, ITAK went on to endorse the 1976 Vaddokoddai Resolution for a separate sovereign Eelam State. This clearly showcases, ITAK quest is not federal but confederal. It is why ITAK is eternally demanding Land & Police powers to advance their confederal agenda & come closer to UDI where if a Kosovo-type UDI is declared; the West will support it as they did to Kosovo. The pro-LTTE units have been busy promoting bogus Tamil Nadu & Tamil Homeland bids & falsifying history for this purpose.
The govt must challenge the ITAK to clarify its aims & objectives, the meaning of “innaipachchi”, whether it is seeking federal or confederal system.
Legally too ITAK must be challenged. Why is the 6th amendment not being used if the aims & objectives of the ITAK is the goal of establishing a separate state in Sri Lanka.
No legal action can be taken against a party seeking a federal solution – this is why ITAK claims itself to be federal party though its statements and demands are confederal in nature & not federal. Everyone must turn their attention to the ITAK constitution. Have it translated & have it analysed & debated legally.
ITAK must be made to explain why it changed “shamashti” to “innaipachchi” in 2008.
If shamashti meant federal in 1949, what does “innaipachchi” mean in 2008?
ITAK must be made to answer this question. Tamil translators must seek the meaning of these 2 words which will reveal ITAK’s true objective.
Is ITAK’s aim to create a confederation? If so, ITAK is craftily vying for a separate state.
What is CONFEDERACY/CONFEDERATION or CONFEDERAL?
It is a union of independent & sovereign States (this is why land & police powers with full autonomy is being demanded using “discrimination” as justification
It is formed with intention to create independent & sovereign States.
According to West’s Encyclopedia of American Law
A Confederation is a “union of states in which each member retains some independent control over internal & external affairs, Thus for international purposes, there are separate states, not just one state”
A Federation in contrast is a “union of states in which external affairs are controlled by a unified, Central Government”
Obviously, there is a problem. The 2 terminologies clash, while the majority are of the view that Sri Lanka must retain its unitary status and many view federalism as conflicting with the unitary status of Sri Lanka, primarily because it was imposed forcibly on Sri Lanka.
The 6th amendment may not suffice to take legal action against ITAK’s 2008 endorsing of Vaddukoddai Resolution, but if ITAK is vying for a confederal solution, there is scope for legal action especially when ITAK is building its demands for that ultimate UDI goal.
WHAT IS ITAK’S GAMEPLAN DEMANDING 13A LAND & POLICE POWERS?
A Federal system of government
- Central Govt can reach direct to the citizens in a province
- Federal form of Govt does not allow an unilateral secession – as was seen when President Premadasa annulled the merged NE Province & imposed direct rule
A Confederal/Confederation system of government
- Central Govt can reach ONLY upto the govt of the respective province that form the confederacy (ie. the Chief Minister of each Province)
- Central Govt CANNOT directly reach the citizens
- The most alarming factor is that the govt of a confederation can WITHDRAW from the union – the UDI of 1990 was an experiment in this quest.
- The reason for ITAK to change from federalism to confederal in 2008 was to avert the 1990 UDI foiled attempt
ITAK’s journey to separatism
- 1949 ITAK name denotes as Tamil State Party (usage of Federal Party a ruse)
- Aims & objectives of ITAK need to be legally looked at against 2008 endorsement of Vaddukoddai Resolution seeking a separate sovereign state.
- Replacing “shamashti” (federal in 1949) with “innaipachchi” (confederal in 2008)
- ITAK reference to “self-determination” “Tamil Nation” “Tamil Homeland” “UNITED SRI LANKA” are aligned with confederal form of system & not federal.
- ITAK claims to guarantee fundamental rights (right to religion, language, culture etc) aligns with confederal/confederation system. In a federal system, fundamental rights are given by the Central Govt. In a confederal system, fundamental rights are given by the Provincial Govt.
The other key argument that Sinhalese must use is that the Tamils may claim a “homeland” but they cannot claim “exclusivity” to it when Sinhalese had also been living in these areas & have archaeological & historical proof (isn’t this why there are attempts to destroy this heritage & history as well as the new claim that Tamils were also Buddhists) This is the newest argument.
People should not fall prey to ITAK’s verbal statements. They must take the ITAK constitution, translated it & make it public, analyze it & debate its demands.
ITAK’s constitution says that once it has created a “Homeland” for Tamils, it would co-exist & collaborate with the Sinhalese provinces. There are no Sinhalese, Tamil or Muslim provinces in Sri Lanka.
Sri Lankans are living all over the island. LTTE Tamils chased Sinhalese & Muslims out of the North. After chasing Sinhalese & Muslims out of the North, LTTE & pro-separatist Tamils cannot claim only Tamils live in the North. Sinhalese who have been living in the North have every right to stake claim to the North as well.
ITAK pretends to plead for a federal set up, then why is ITAK referring to Tamil & Sinhala provinces?
Such a form of ethnic provinces do not exist in a federal set up because it is the Central Govt with a Central Govt Constitution that rules the island not provinces.
It is time that the nationalist organizations take out the ITAK constitution & demand answers from ITAK.
The US experiment with confederacy was a failure. Co-existence & Collaboration were used & are the same words used by ITAK. The moment a member of the confederacy decides they do not wish to live in co-existence or collaboration, they can declare to separate. This is what ITAK is eyeing & is a one step beyond UDI to prevent Sri Lanka Govt from annulling the province & declaring direct rule. This is why ITAK is using UNITED SRI LANKA with Co-Existence & Collaboration & trying to tweak the constitution to ensure the Centre does not repeat the outcome of the 1990 UDI.
Obviously external parties are weighing these demands against their own geopolitical aspirations.
The Govt & legal luminaries in Sri Lanka as well as patriotic organizations must realize that the neocolonial West agenda is to dismember nations.
- Pakistan was created out of India
- Bangladesh was created out of Pakistan
- Soviet Union was balkanized
- Yugoslavia was balkanized
- Eritrea was created out of Ethiopia
- South Sudan was created out of Sudan
- Kosovo was created out of Serbia
- Kurdish ‘self-determination’ on the cards
- India is on target to be balkanized as well
Self-determination was originally used during de-colonization but has been turned into a political tool to advance western neocolonial agendas & grab resources under transnational control.
Sri Lanka is faced with 2 forms of threats – Global & Local. Before meeting the global threats, its best we identify the local threats first.
Shenali D Waduge
