Interim Self Governing Authority: How close Sri Lanka was to create a separate state legally!
Today’s Newsletter is about the Interim Self-Governing Authority (ISGA) as this particular aspect has at one point of time in this island State’s history nearly paved way to create another State within the State! This is the reason why I wish to keep the next generation informed and educated on many aspects of my life from learning along the way; some simply by looking left and right!
You may be interested to see how Wikipedia narrates this ISGA, thus I recommend you visit the site;
This ‘Self-Governing’ terminology emerges from the United Nations Convention on the Law of the Sea (UNCLOS). Sri Lanka played a significant role in formulating the UNCLOS process by Chairing session (I wish that all readers will pursue the life and work of Hamilton Shirley Amarasinghe; the Permanent Representative of Ceylon/Sri Lanka to the United Nations) and also drafted several sections of the UNCLOS. Sri Lanka signed the Convention on 10th Dec 1982 at Montego Bay, Jamaica as one of the foremost signatories along with China, India, and Bangladesh and other 112 Member States. Then on 19th July 1994 Sri Lanka ratified UNCLOS and today it is a tool for us as an island nation to pursue our interests in the vast oceanic space we enjoy compared to our islandic land mass.
In Article 140 .1, Article 160.2.(f), Article 162.2.O, Article 305.1, Resolution III, of UNCLOS, the Self-Governing status and rights are explained. And these are irrevocable and internationally acceptable. For example, Palestine despite started to be recognized as a State on June 2024, was a self-governing authority since 1995.
How this related to Sri Lankan affairs started with post Tsunami period, when the Government was reeling back after the disaster aftermath 26th Dec 2004. As we will be making 20 years by this year, it is very pertinent also to reflect Government action at that time under the pressure from the Norwegians, primarily! The Norwegians proposed in Jun 2005, the Post Tsunami Operating Mechanism (P-TOM) to the Government with several western nations also commenting favourably to the proposed mechanism.
(see https://www.satp.org/satporgtp/countries/srilanka/document/papers/P-TOMS.htm for the contents of the MoU)
As per this mechanism, the separatist terrorist element; LTTE were to be treated on equal terms of the Government in receiving international Aid. The condition of ISGA was embedded in the proposal and the Government was about to grant the status when the coalition partner to then Government, the JVP vehemently objected to the proposal and threaten the leave the coalition Government thereby jeopardizing the continuation of the Government. The Supreme Court of Sri Lanka having entertained the petition made to the courts, also declared that the process is un-constitutional.
It is also noteworthy to study how the documents were signed using a Government Official who I am sure was not even aware of what he was signing for!
(This reminds me the Port of Hambanthota agreement signed between four (4) parties in 2017 which incidentally was cleared by the Hon. Attorney General office under doubtful circumstances! As per the agreement, the CEB which had several wind turbines within the Port premises has to pay ‘land-rent’ to the Chinese Port Management Company!) It is particularly important that we understand the history of State affairs despite many may not have made available through media or Government documents.
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As the P-TOM and the ISGA proposals met with political backlash from the Sinhalese political parties (It is noteworthy that the Tamil and Muslim Political Parties refrained from commenting negatively to the proposal at that time!), the Tamil diaspora launched a media campaign targeting the international community to illustrate that all is well with the P-TOM and there is no hidden agenda of creating a separate state.
And the separatist Tamil media means reported the Court Order in a manner that is favourable for their claim and narration;
However, under the political turmoil the then President was left with no option other than to withdraw the Government’s stance on P-TOM and the ISGA. The measures led the Parliament to be dissolved and fresh general election to be held which changed the course of the island State’s destiny!
This brief narration, I suppose will help the next generation to research and explore in detail, as we are about to complete 20 years of Tsunami Disaster. Some, I noted through this episode at that time are as follows;
1.???? These agreements, proposals and mechanisms are always drafted by those interested parties and presented to the Sri Lankan Government for consideration. Based on the level of thinking of the Head of the Government (I would not say it was the Government), these proposals are considered and treated; most of the time approved within record braking time without wider consultations!
2.???? Sri Lankan Officials, even though having studied the proposal suggest amendments or alterations to the higher-ups, has always being either rejected or sidelined without giving any considerations.
3.???? Narrow minded understanding of the Government Officials more especially on matters maritime leads to consider the proposals from pure political (survival) point of view and land-focused mind-frame tends to create more strategic blunders than solutions!
4.???? The necessity for greater knowledge and understanding of UNCLOS (in this particular case) and ability to link legal-political-commercial thoughts for the Statehood.
Therefore, I expect and earnestly wishes that our younger generation would be more open to maritime affairs than to dwell on maritime blindness similar to our by-gone generations! Enjoy reading and exploring! It is your future!
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ICD 10 Medical Coder | BSc in Nutrition
1 个月I want to know something, if I don't come to the LinkedIn, can I left all?
Member, CNSS Council, Centre for National Security Studies, Ramaiah University of Applied Sciences, Bangalore.
1 个月I agree. Very informative.