A representative group of civic minded and responsible people in the Eastern Province who are no longer willing to surrender their basic democratic and human rights to Prabhakaran,s fascist regime, have banded themselves together and come forward to assert their rights. Under the slogan "the Nagenahira Udanaya" (awakening of the East) they have put forward two urgent demands from the Government: 1. De- link immediately the Eastern Province from the North which currently remain temporarily merged into one administrative unit; 2. Restore the rule of law and democracy forthwith in the Eastern Province, now trampled down by the fascist dictatorship of the LTTE.
In 1987, buckling under duress and insurmountable pressure, from the, then, Indian Prime Minister Rajiv Ghandi, a weak kneed President J.R. Jayawardene amalgamated the Northern and Eastern Provinces into a single administrative unit, immediately following the signing of the Indo-Sri Lanka Agreement.
The Presidential proclamation linking the two provinces had been issued under Section 5 of the Public Security Act. This Proclamation was both illegal,ultra vires and Constitutionally invalid .The Public Security Act provides for emergency regulations to be made for preservation of public security, law and order and the maintenance of essential services. And a political arrangement like the linking of two Provinces is completely outside its scope.
However, provision does exist under Article 154A paragraph 3 of the Constitution for amalgamation of two or three adjoining Provinces into one administrative unit under certain circumstances, but such amalgamation has to be effected under the provision of an Act of Parliament and NOT under an emergency regulation made by the President. In fact, Parliament has enacted the Provincial Councils Act , No 42 of 1987 which specifically provides for such amalgamation, vide Article 37 (1) of the Act. It must, however, be noted that even this particular Article is conditional and is subject to an important proviso, namely that before making an order for amalgamation, the President should have satisfied himself that "arms, ammunition weapons, explosives and other military equipment which on the 27th July 1987 were held or under the control of terrorist militant or other groups having as their objective the establishment of a separate State, had been surrendered to the Government of Sri Lanka or to authorities designated by it and, further "the President should have satisfied himself that all hostilities and other acts of violence had ceased ".
It is common knowledge now that neither this vital condition had been fulfilled by terrorists nor hostilities and other violent acts by terrorist groups had ceased, when the Presidential Proclamation was issued. It is, therefore, clear that the President forgetting his obligations to the people and the country had blatantly violated the whole gamut of relevant legal and Constitutional provisions. - to wit, Section 5 of the Public Security act, Article 154 A (3) of the Constitution and Section 37(1) of the Provincial Councils Act. - In addition President Jayawardene and his successors have continued to deprive the people of the Eastern Province of their fundamental right by not holding the Referendum as required by law to enable them to express their wish whether or not to remain within the amalgamated North-Eastern Province or to continue in the Eastern Province as before. These acts have serious demographical consequences for the Sinhasla,Tamil and Muslim people residing there.
Mr. H.L. de Silva, P.C., one time Sri Lanka’s Permanent Representative at the United Nation, and one of our most respected Constitutional lawyers when asked for his opinion about a procedure for a de-merger, summed up the situation succinctly thus: "It appears that the present joinder of the North and East is nothing more than a de facto merger for which there is no foundation under law and the Constitution and (now) no question of referendum arises for a delinking". (Page 32 - An appraisal of the Federal Alternative for Sri Lanka by H.L.de Silva).
Mr de Silva’s considered view on this matter has been confirmed over and over again by other reputed jurists. Accordingly several delegations of leading citizens met the incumbent President,Mrs Kumaratunga in the recent times and urged her to de-merge the two provinces in the long term national interests. It would appear that short term political considerations havse stood on the way of her taking any meaningful steps.
Despite the fact that the original order relating to the amalgamation of the two provinces was temporary,illegal and unconstitutional, successive governments have permitted it to continue for 17 long years! To add insult to injury, the President keeps on formally postponing the date for holding the referendum wshich is obligatory to determine to determine the future of the merger! This shows the utter lack of political will on the part of our rulers to do what is right and proper in the national interest.
The founding of the "Negenahira Udanaya", although belatedly, by the people of the Eastern Province, should be construed as an angry reaction to the apathetic and irresponsible attitude of successive governments towards their fundamental rights. It is also significant that just this week a newly formed Muslim political organization (UMU) has demanded an alternative arrangement for safeguarding the interests of the eastern Muslims if the merger of the North and East is going to be permanent. It is, therefore, the President’s bounden duty to rectify this long standing anomaly and denial of their basic rights without any further delay, by de-linking the Eastern Province from the North. They also deserve the unstinted support of all sections of the community who stand for the rule of law and democratic values irrespective of where they live.
(http://www.island.lk/2004/09/14/features1.html)
