By. D.B.S. Jeyaraj
It is widely acknowledged now that the Muslim community received a raw deal in the setting
up of the Post - Tsunami Operational Management Structure (P- TOMS).
In spite of being the single most affected community by the tsunami disaster the community
was not represented adequately in the most important regional committee in the three -
tiered P-TOMS.
Adding insult to injury was the exclusion of Muslims as a signatory. Instead of being a
tripartite exercise as it ought to have been the P-TOMS agreement was signed only by
representatives of the Sri Lankan Government and Liberation Tigers of Tamil Eelam.
The Muslims particularly those of the Eastern Province were naturally incensed. Several
hartals and demonstrations were staged in various parts of the East. The stoppage of work,
business and transport in many Eastern littoral regions demonstrated that the Muslims
were a powerful entity in the province and that their cooperation was essential for the
satisfactory implementation of P - TOMS.
The Sri Lanka Muslim Congress led by Rauff Hakeem by virtue of being in the opposition
was better equipped to speahead the agitation against P- TOMS. Hakeem in fact declared
a campaign of "Othulaiyamai" (Non - cooperation).
The National Unity Alliance of Ferial Ashraff, National Muslim Congress led by AHM
Athaullah and SLMC alternative group led by Rishard Badurdeen were shackled due to
participation in the Government of Chandrika Kumaratunga. In a political version of bolting
the stable door after the horse had bolted the Government politicos protested vehemently
to Kumaratunga about the shabby tretment meted out to the community> None however
resigned or threatened to resign their posts. The one who cackled most - Segu Issadeen -
was elevated from deputy minister to non - cabinet minister in a not so subtle "silencing"
manouver .
Now that the sound and fury of Muslim indignation has begun to ebb the comunity is slowly
reappraising the situation and examining its options. One such exercise was a reported
meeting in Colombo last week between a group of Muslim intellectual - professionals and
peace secretariat director Jayantha Dhanapala.
according to Tamil media reports Dhanapala had uttered some hometruths to the
gathering. One was that Muslim political disunity and lack of cohesion had affected the
interests and welfare of the community considerably.While admitting some imperfections in
the P_ TOMS Dhanapala had also pointed out the advantages and gains for the community
through P_ TOMS.
On the P- TOMS question Dhanapala had outlined three options for the community.
The was to gain enhance its representation on the regional committee and proceed from
that position. The second was for the community to sign a separate memorandum of
understanding with the Government on implementing the P- TOMS. If both these did not
satisfy the community then it had no choice other than to pursue the third option of revising
and restructuring the P- TOMS in a manner favourable to the community. This of course
required LTTE cooperation.
Thanks to the interim order of the Supreme Court the P- TOMS is in a state of suspension.
While the Supreme Court has upheld the Constitutional validity of P - TOMS and the
Presidents right to enter an agreement with the LTTE it has had some reservations on
administrative and procedural matters. A final hearing will be commence on Sep 12th. Two
fundamental rights petitions filed by Three Muslims on P- TOMS will also be heard on that
day.
The Supreme Court interim ruling has necessitated some re- think on the P - TOMS. While
the Government will no doubt advance arguments in favour of the P - TOMS provisions it
will also have to confer with the LTTE on re- formulating some provisions to satisfy the
Supreme Court. Though the LTTE says the P- TOMS is defunct due to the Court ruling the
reality is that it is not so. The SC ruiling is a setnack but not a debacle. At least not
yet.Even if the JVP - JHU duo does not comprehend it the LTTE certainly does.
The LTTE has much to gain through the P - TOMS. The Government has now begum
cracking down on military intelligence promoting the Karuna faction. Once the LTTE is
satisfied it will start talking on P - TOMS again.
The SC ruling has created some space for a fresh perusal of P- TOMS. There are
possibilities of rectifying some defects in the original structure. Among those issues
requiring a reappraisal are those pertaining to the Muslims in the P- TOMS If Muslim
political leaders are pragmatically flexible they could seize the opportunity.
It is vital for any responsible Muslim political leader to recognize that there is no identity of
interests between Tsunami affected Muslims and the Southern extremists opposing the P -
TOMS. Muslims are not opposed to P- TOMS on the whole like the JVP and JHU. Muslim
opposition is only on account of some structural edfects and being deprived of signatory
status. The Muslims cannot be permanently opposed to the P - TOMS.
Recent media reports indicate that tsunami afected Muslims living in shelters are not happy
about hardline opposition to the P - TOMS. Though supportive of the Muslim protests
initially hard - headed realism is rising again. Despite its flaws affected Muslims would like
the P - TOMS to work so that their plight will improve. This groundswell of opinion is
something no responsible Muslim party can ignore.
Muslim leaders cannot ignore the fact that P - TOMS for the first time has given them formal
third party status in affairs of the North - East. It may not be on par with the Government
and LTTE at the moment but the arrangement unlike the peace talks is certainly tripartite.
With the passage of time this status could be enhanced. Opposing the P - TOMS will
deprive the Muslims of this advantage.
As far as the district committees the Muslims will have ther rightful position commensurate
to their population ration in the districts. Most work will be planned and implemented on a
Pradeshiya Sabha divisional basis.These divisions are primarily ethnic based. So the
Muslims will be able to plan and implement their post - tsunami work without outside
intrference.
The Muslims are also equal to the others on the high - level committee. A degree of
coo[peration is needed for this to work on consensus. As far as the regional committee is
concerned the Muslims have three out of ten along with some minority safeguards. One
thing that the Muslims as well as the LTTE will discover if and when P- TOMS starts working
is that cooperation and not confrontation will be essential for smooth implementation. So
many anxieties may diminish in the future.
The Muslim leaders however need not take a blind leap of faith in revising their stance on P
- TOMS. It appears to this column that the Community could explore all three options
outlined by Dhanapala and better the prospects of the Muslim people vis a vis P- TOMS.
By negotiating with the Government and LTTE the Muslims could request both parties to
nominate a Muslim person each as one of their representatives on the Regional
Committee. If this move succeeds there will be five Muslims on the ten member regional
committee.
More important will be the signing of a comprehensive memorandum of understanding with
the Government. This document could take due note of all Muslim grievances regarding the
P - TOMS and guarantee remedial action when and where possible. Notwithstanding these
reservations the Muslim leaders could pledge full cooperation to P - TOMS in te interests of
the people while retaining the right to withdraw if the structure proves unsatisfactory.
Also ofcrucial importance would be incorporation of clauses pertaining to the tsunami
affected Muslims of the Galle. Matara, Hambantota and Kalutara districts. Over 75% of
Muslims in these districts live along the coasts and have been affected by the tsunami. The
focus of attention should be diverted towars these hapless victims too.
The Muslim leaders while participating in the P- TOMS should not accept the status quo
passively. They should quietly but firmly pressurise both Colombo and Kilinochchi for
amendments to the P- TOMS so that Muslim status will improve. These things may be more
possible in an atmosphere of cooperation than confrontation.
It is time therefore that the Muslim leaders get out of the confrontational and non -
cooperational mode towards the P - TOMS and adopt a realistic and pragmayic approach.
Essential for this will be a broad consensus among all the Muslim politicians epresenting
Tsunami affected areas. This then is the need of the hour. [Minor Matters - Morning Leader]