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There is still chance to do justice

The ruling of the high court has made it clear that implementing the P-TOMS agreement is not possible in the near future. Government is claiming that the ruling is an endorsement of the fact that the President has the power to sign an agreement like P-TOMS. The Sinhala chauvinistic forces are celebrating the ruling saying that the high court has accepted their important requests and blocked P-TOMS temporarily.

The opposition UNP is claiming that the ruling has put into question the basic functions of P-TOMS. End result is that P-TOMS has been thrown into the well yet again. For the time being there is no scope for it to move forward. Any remaining hope for giving even a limited assistance to those affected by the tsunami has been destroyed. Their plight is going to continue. Their hopes remain unfulfilled. "What is next?" is the question raised in many quarters. Many people are waiting for the response to the high court ruling from the Tamil side. The Sri Lankan constitutions of the past and present deny Tamils their rights. The latest high court ruling has confirmed that Tamils will not find a just solution to their problems within these southern political structures. There can be no other response from the Tamils. At the same time there is one thing that could be pointed out to the Sinhala side. If the south Sinhalese have a genuine interest to establish justice to all sides in this island then the high court ruling has given a golden opportunity to show this. Both ruling party and the opposition agree that P-TOMS is essential to provide relief to the affected people. They also agree that this must be done with urgency. They also agree that this will be a good precursor to restart the peace process. The high court ruling has blocked all of this.

If this were the problem then the Tamil side would like to point out that this is a golden opportunity for the Sinhala south to demonstrate that they have the maturity and will to step outside the ruling and act. The first chapter of the Sri Lankan constitution that covers the sovereignty of the people gives a good opening for stepping outside the high court ruling and act. In this chapter the sovereignty of the people are expressed in three ways. The law making by the people is achieved through elected representatives and sometimes through national referendum. President has the executive power for defence and the government. Third is the execution of justice and it is the one of concern here. This says that parliament through setting up of the courts and laws delivers justice. It is this same courts that is blocking the P-TOMS. According to the constitution it is the parliament that executes justice through its courts. If this is so then it is only the parliament that can rectify the blockade by the courts. Courts function according to the constitution and laws of the country. The current blockade of the high court is also within this set up. The same Sinhala polity that is declaring that P-TOMS is necessary and relief for Tamils affected by the tsunami is urgently needed could through its parliament alter the laws so that the ban by the courts is nullified. This island has a history of changing the constitution so that MPs can change their party and leaders can full fill their personnel motives. If both the ruling party and the opposition parties can get together they will have the required 2/3 majority to change the constitution. If there is the will there is a way. Does the south Sinhala polity have that magnanimity? They can pass the law to set up the regional office of P-TOMS in Kilinochchi with this 2/3 majority. Will they do it? This is the question the Tamil side like to ask.

18 July 2005

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