*Sri Lanka demands to know if ITAK is pretending to seek a Federal solution
but aiming for a Confederacy*


 The ITAK has a new leader. He is Mavai Senathirajah. It is a perfect time
to bring questions out into the open and seek answers to satisfy our
doubts. Top on that list is the question *is the ITAK constitution Federal
or Confederal?* We will not accept claims of being federal while the aims
and objectives of the ITAK Constitution are confederal. This necessitates
the ITAK to make public its Constitution and legally claim it stands for
federalism and not confederalism. The important distinguishing factor is
that the 6th Amendment to the Constitution can be applied ONLY IF ITAK is
seeking confederacy as one of its aims.


The ITAK party Illankai Tamil Arasu Katchchi which reads as separate Tamil
State has shrouded that meaning by its English version given as Federal
Party. ITAK was formed in 1949 a year after Sri Lanka (Ceylon) gained
independence from the British. The puzzling aspect about ITAKs constitution
is that it is referring to a confederacy which clearly establishes the fact
that the Tamil quest for a separate state has nothing to do with
discrimination or any of the other placards been used. Obviously this has
to be one of the colonial British strategies of keeping former colonies
divided.


*Federal systems can’t ask for referendums – Confederacies can*


In 2014 the Chief Minister of Tamil Nadu in its State manifesto assured of
carrying an ‘Eelam Referendum’ in Sri Lanka. How a state in Tamil Nadu,
India can do that is another question but the statement was made.


In 2014 and 2013 the DMK Leader Karunanidhi of Tamil Nadu, India also
called for a UN backed referendum for the Tamils in Sri Lanka.


In 2008, Sivajilingam sought a referendum to decide Tamil Eelam when he
addressed the Pongku Thamizh event in Sydney, Australia.


Other Tamil leaders of the TNA including its leader have been regularly
making references to referendums.


These are all giveaways of their hidden quest and necessitates legal action
to prompt TNA and ITAK to place their true objectives into the open without
shielding it in political statements.


The People of Sri Lanka now need to demand a disclosure of the ITAK
Constitution.


The People of Sri Lanka need ITAK to respond to why in August 2008 months
before LTTE was conclusively eliminated ITAK amended its Constitution and
substituted the word ‘Shamasthi’ with ‘Innaipatchchi’.


ITAK says ‘Shamasthi’ stood for Federalism why have they replaced it with
‘Innaipatchchi’?


The People of Sri Lanka need ITAK to legally declare that Innaipatchchi
does not stand for confederacy.


If the ITAK cannot or refuses to establish legally that its aims and
objectives does not stand for a confederacy, we have every right to believe
that ITAK is fooling the Sri Lankan public and has been doing so throughout.


Why the Sri Lankan state and public should demand ITAK clearly and legally
establishes its position on the aims and objectives of ITAK constitution is
because, if it is pretending to demand a federal solution but has as its
aims and objectives a confederacy unless it is brought to the courts and
ITAK is made to legally state its true aims and objectives the likelihood
of ITAK seeking separation and cessation from the State of Sri Lanka is
going to happen.


Therefore the ITAK must be asked

1.   Is the ITAK seeking to establish regional states/union of independent
and sovereign states with the hidden intention of creating an independent
and sovereign state?

2.   Is the ITAK Constitution aiming for confederacy objectives because it
is aware that the Central Government can reach only upto the Governments of
respective province/State in a confederacy? Is this why the Northern
Provincial Council is seeking direct foreign aid and a right to establish
direct diplomatic relations?

3.   Is the ITAK attempting to fool the GOSL, the General Public, India
pretending it is  seeking a Federal Solution when its constitution if made
public may reveal it is advocating confederacy where the Sri Lankan Central
Government will have no rights to reach the citizens directly?

4.   Is the ITAK’s objective to hide its confederacy aim because in a
confederation it can at any time for any reason withdraw from the Union?

5.   Is ITAK pretending to ask for a Federal set up but talking about Tamil
province and Sinhala provinces when such does not exist and the provinces
are held by the Central Government and every province is bound by the
Central Government’s Constitution.

6.   Is the ITAKs promise to guarantee language and religious rights also
part of the confederation quest for under a federal government only the
Central Government can provide fundamental rights.

7.   Has the ITAK amended its constitution from Federal to Confederal so
that it can seek a unilateral secession. In 1990 the Varatharaja Perumal
N-E Province declared a UDI but the Premadasa Government dissolved the N-E
provincial council. In a confederacy such an option is not available to the
Central Government.

8.   Is ITAK’s reference to accepting a ‘UNITED SRILANKA’ in keeping with
its objective of a confederacy where confederates are joined only by a
common united ‘collaboration’ factor. The moment a confederacy does not
agree they can separate which is obviously the intent of the ITAK and why
they are seen regularly referring to a UNITED Sri Lanka. ITAK also refers
to co-existing and collaborating with the Sinhala provinces which is also
in line with their confederacy quest. There are no Sinhala, Tamil or Muslim
provinces in Sri Lanka.



What ITAK and TNA have to FIRST prove in their quest for a separate state

·        Why is it that more Tamils live amongst the Sinhalese if there is
discrimination

·        Why did ITAK formed in 1949 aspire for a separate Tamil state
(given in the mean Illankai Tamil Arasu Katchchi). There was no basis to
demand a separate Tamil state unless this quest was planted by the British

·        ITAK must prove a separate Tamil Homeland existed where Sinhalese
had not been living in. However, scores of archaeological and historical
sites can prove Sinhalese lived in the North in ancient times and even
prior to LTTE taking up arms and Sinhalese and Muslims were forcefully
evicted. This gives Sinhalese and Muslims every right to live in the North
and questions why the GOSL is taking a very lethargic and lukewarm stand in
not declaring that Sinhalese and Muslims have every right to live, purchase
land and carry out businesses in the North and neither the Chief Minister
any other has any right to refer to that fundamental right as
‘colonization’.

·        ITAK must admit that Sinhalese and Muslims lived in the North
before they were chased out. This once proved shows that if Tamils claim to
have a right to the North, the Sinhalese and Muslims have every right to
stake claim to the North too.

It is understandable why all parties have ended up dilly dallying about a
‘political solution’ for it has been to keep tight-lipped and shield the
ITAK constitution that may hide the real objectives of the party.

The ITAK therefore must be forced to commit itself to

·        declaring its Constitution translated into all languages and made
public

·        declare that its aims and objectives are Federal and not
Confederal which will thus nullify its quest for referendums, direct
foreign aid, direct diplomatic ties, rhetoric on UNITED Sri Lanka,
collaboration with Tamil provinces and Sinhala provinces, claims of
granting citizens religious and language rights which only the Central
Government can give and a host of other promises and assurances ITAK-TNA
have been publicly making which have everything to do with a Confederal
model and nothing to do with a federal set up.



*Shenali D Waduge*

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