Constitution of Sri Lanka based on racial, linguistic and religious dominance by virtue of the numerical strength of the Singhalese community, would be a major stumbling- block to settling any ethnic disputes or to achieving any peaceful atmosphere or communal harmony in the country as it would debar the fulfillment of any aspirations of the Tamils.

It should be acknowledged that due to Sinhala extremist politics there were issues to the Tamils, and any political solution cannot be arrived at anytime with a constitutional guarantee to ensure that such discriminative repercussions will not occur again in this country.

His Excellency the President (Mahinda Rajapakse) who determined to capture power by hook or by crook, jettisoned all the aspirations of the Tamils for peace by prioritizing war in 2005, with his own ideology called “Mahinda Chinthanaya” that emphasizes “no Norway, no federal constitution, no right to Homeland, no self-determination, no nation-hood for Tamils, no PTOMS, no recognition as sole partner in negotiation and no Oslo as venue for talks”.

Now, just to mark time and to smack of a complete eye wash, His Excellency the President, who, with impunity had already camouflaged and hoodwinked the whole world into believing that he is a genuine leader, proposes brazenly to enact a draft framework with appropriate amendments to the Constitution on the devolution of powers with two-thirds majority in Parliament, to enable his Government work on a national consensus.

Firstly, as a gesture of ingenuity, the President has to junk his own ideology “Mahinda Chinthanaya” to create a congenial environment for such an idea.

Secondly, even if he does so, it is unfortunate that not necessarily two-thirds but one- third of the numerical strength of the Singhalese population will suffice to override the numerical strength of the entire Tamil population.

Thirdly, the Singhalese community by virtue of their majoritarian status and voting strength could arrive at any decision of their own at any referendum and defeat any opinions or proposals voiced by the Tamil community with regard to their aspirations and fundamental rights.

Fourthly, the Singhalese representatives in the legislative assembly could enact and have enacted any law or frame any constitution arbitrarily at any time to the advantage of the Singhalese community only, by their voting strength overriding any opinions or proposals put forward by the Tamils.
Unless there is will and desire induced by change of heart among Singhalese, nothing tangible can be expected and there are no indications at all for any atmosphere of peace by settling the disputes.

Tamils have a very legitimate desire, as anybody would, to control their own lives, to rule their own destinies, and to govern themselves in their homeland, in the areas they have traditionally inhabited.

In 1505, when Sri Lanka (formerly Ceylon), consisted of three autonomous kingdoms namely Yarlpanam in the North, Kandy in the central hills and Kotte at the Western coast, the Portuguese arrived on the island, and colonial rule began followed by the arrival of Dutch in the 17th century. Great Britain replaced the Dutch in 1796, and the coastal areas became a crown colony in 1802. After the fall of the kingdom of Kandy in 1815, the three kingdoms were unified into a single political entity of a crown colony by the British in 1818, with centralized administration in Colombo under a British Governor. Now, the British have to bear sole responsibility for the ill-fated ethnic rift in the county, as they were the architects who designed the independence of Sri Lanka in 1948, without any adequate commitment enshrined in the Constitution to safeguard the basic and fundamental rights of the Tamils or to fulfil any of their aspirations.

It looks ironic besides being a travesty of gratefulness on the part of Singhalese, when the Tamils who stood shoulder to shoulder with them in the nationalistic agitation for independence from the British, has to undergo a horrific ordeal of oppression and atrocities perpetrated by the Singhalese rulers with the denial of their basic and fundamental rights.

In view of the foregoing facts and by virtue of the right to self-determination and accepted international norms and standards, Sri Lankan Tamils with their own linguistic identity and identifiable homeland are free to stand on their own feet and determine their political status, to enable them to live with equal rights with other communities. And also, they are entitled to pursue their economic, social and cultural development and establish their self-autonomy, and self-identity within the purview of the United Nations' Charter.

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