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SC for inclusivity in P-TOMS

by Rashomi Silva

Amidst an islandwide poster campaign by the JVP and its allies to convince people that the Supreme Court verdict was a gain for extremist elements, experts and peace activists last week interpreted the SC judgment as a very positive development and an indirect encouragement to make Post-Tsunami Operational Management Structure (P-TOMS) a more inclusive and more transparent process.

Kethesh Loganathan, Director, Centre for Policy Alternatives:

The Supreme Court ruling on the P-TOMS is well conceived and balanced. The Government of the day and the Executive President can enter into an agreement with the LTTE.

Sri Lanka is neither a case of a state failure at least not yet, nor a post conflict state where an agreement had been reached on a final political or constitutional settlement to the ethnic question.

Further the P-TOMS had been consistently or perhaps incorrectly described by the government, the LTTE and Norway as not being linked to the peace process. As such the SC had no alternative but to advice the government to make suitable amendments in relations to the proposed World Bank administered Regional Fund which clearly entails a role for the Treasury.

Dr. Wickramabahu Karunanratne, Leader of the New Left Front:

The Supreme Court verdict is a defeat for the extremist elements. In the first place the SC has not given orders to withdraw the agreement but has issued a temporary stay order. I view this verdict as a very positive development.

The Supreme Court is very sympathetic and emphasises the necessity of this kind of mechanism to take the peace process forward and to improve humanitarian activities in the North-East. The verdict has clearly expressed that the government can and should enter into agreement with the LTTE, to make the peace process success.

This nullifies the argument of petitioners, that the P-TOMS has no legality since the LTTE is a terrorist organisation.

The Judiciary has also indirectly mentioned the importance of making Muslims a party to the P-TOMS.

The government can make this an opportunity to evolve a mechanism where the Muslims are also a party to the structure. The necessity of Funds to channel through an institution, over which the government has a responsibility or falls under the supervision of Auditor General encourages more transparency.

Tamil National Alliance MP Joseph Pararajasingham:

This only confirms what we have been saying right through, it is impossible to get any of our rights under this constitution. We at the TNA and the LTTE have been emphasising this for so long. In principle both the UNP and the SLFP agree on a federal module as a solution to the ethnic conflict, then they should have no problems in agreeing on a common goal.

As far as TNA and the LTTE are concerned it is only in a federal country we can envisage a better future, where we have our own say about our own future therefore we would again like to urge both major political parties the UNP and the SLFP to work towards that end.

Ven. Athuralaye Rathana Thera, Parliamentary group leader of Jathika Hela Urumaya:

There is nothing to talk about P-TOMS any more. The Supreme Court has nullified and done away with the government terrorist agreement. The verdict has very precisely said, the government cannot transfer its rights to funds and foreign aid to a terrorist organisation like the LTTE."

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