Worth looking at Belgian experience
Introduction
The second stage of the first round of peace talks between the Sri Lankan Government (SLG) and the Liberation Tigers of Tamil Eelam (LTTE) has now ended with both sides expressing satisfaction about the agreements reached at this meetings. The unexpected, but the most important, announcement made at the end of this series of meetings was about the agreement reached between the two sides on forming a Political Sub-committee. Chief negotiators of both sides said they would be examining ethnic conflict resolution efforts from around the world.
The Norwegian Deputy Foreign Minister Mr Vidar Helgesen in reading out his statement at the end of the meetings said that, "the partners agreed to establish a Sub-committee to commence work in connection with relevant political matters". This Sub-committee will be headed jointly by the chief negotiators, Prof. G. L. Peiris and Mr. Anton Balasingam.
At the media conference held immediately after the conclusion of these meetings Mr. Balasingam said that, "We have appointed a political affairs committee (referring to the Sub-committee) whose objective is to explore various models and systems of government. We need to seek the advice of international experts and resource persons on how various governments at various times have resolved ethnic conflicts - temporarily as well as permanently. We will focus our attention on how ethnic conflicts have been resolved by accommodating the problems of national minorities in certain systems of government. So we will be particularly looking at federal and confederal models". In the same media conference Prof. Peiris said that, "It all depends on the circumstances. We can borrow from different systems, we can contemplate a combination of elements drawn from different models and, as we engage in that task, we may or may not work through an interim arrangement. He also said that, "There is flexibility with regards to the modalities for achieving our objectives. Our objectives are clear. In order to make final decisions with regards to this matter we will engage in the kind of research and reflection that we both believe to be necessary to resolve this matter at the political level".
Therefore, if the partners in the negotiations do not get bogged down too much in making the other two Sub-committees up and running, they will start searching for different systems and models that are successful in solving similar ethnic problems around the globe. During this process it is worth for the partners to look into the system Belgians have arrived at after a lengthy process of institutional reform.
Belgium - Past and Present
Belgium is only half the size (11,780 square miles) of Sri Lanka and the population is 10.2 million. It shares its borders with France, Germany, the Netherlands, Luxembourg and the North Sea. Belgians were a Celtic tribe initially and in the 5th century Germanic Franks took control and established their dynasty. Later this dynasty got fragmented into four basic regions ruled by dukes and counts. By 15th century, the French dukes began to consolidate territory and eventually gained all of what is now Belgium. From 1600s to 1830, the area was a battleground for warring neighbours: France, the Netherlands, Austria, Germany and Spain. In 1830 the territories of Belgium gained independence from the Netherlands and united in a constitutional monarchy. However divisions continued based on language. Different groups developed separate culture and linguistic traditions, but remained politically united.
Belgium was overrun by conquering German armies in 1914 and 1940. As a consequence of its vulnerability and size, Belgium has favoured European cooperation and integration since the 1950s. Belgium also has paid attention to internal cultural conflicts, creating a system to meet the needs of both major linguistic groups and various minorities.
Nearly 97% of the 10.2 million people of the present Belgium live in cities or towns. The Walloons (French speaking) occupy the south (Wallonia) and comprise 33% of Belgium's population. The Flemish (Dutch speaking) lives in the northern half (Flanders) and comprises 55% of the population. The German - speaking minority (1%) lives east of Wallonia. The remaining 11% are of various mixed groups.
Although Belgium remained a constitutional monarchy after World War II, tension between the ethnic communities continued to threaten the political stability of the country. The political leaders took appropriate action in the form of institutional reforms. In recent years the country has rapidly evolved, through 4 institutional reforms (in 1970, 1981, 1988-89 and 1993) into an efficient federal structure. Today, for the first time, the first article of the Belgian Constitution states: "Belgium is a Federal State which consists of communities and regions". The decision-making power in Belgium is no longer exclusively in the hands of the Federal Government and the Federal Parliament. Now the management of the country falls to several partners, equal in law, who exercise their responsibilities independently in different fields.
Regional Administration
The redistribution of power followed two broad lines. The first concerns linguistics and, more broadly, everything relating to culture. It gave rise to the Communities, a concept that refers to the persons, which make them up and to the bond, which unites them, in this case language and culture. Belgium is situated at the junction between the Latin and Germanic cultures. This explains why the country has three official languages: Dutch, French and German. Thus Belgium has three Communities today, based on language: the Flemish Community, the French Community and the German-speaking Community. These correspond to population groups.
The second main line of the State reform is historically inspired by economic concerns, expressed by Regions, which wanted to have more autonomous power. This gave rise to the founding of three regions: the Flemish Region, the Brussels Capital Region and the Walloon Region. To some extent Belgian regions are similar to the American States or the German "Länder". The country is further divided into ten provinces and 589 communes. The federal State retains important areas of competence including: foreign affairs, defence, justice, finances, social security, important sectors of public health and domestic affairs, etc. The Regions and Communities are entitled to run even foreign relations themselves in those areas where they have competence.
Belgium has four linguistic regions: The French-speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region. Each "commune" (county borough) of the Kingdom is part of one of these linguistic regions. The limits of the 4 linguistic regions, constitutionally, can only be changed or modified by a law adopted by majority vote in each linguistic group (Dutch and French) in each Chamber (Chamber of representatives and the Senate), on the condition that the majority of the members of each group are gathered together and from the moment that the total of affirmative votes given by the two linguistic groups is equal to at least two-thirds of the votes expressed.
At the community and regional level there is a French Community Council and a Flemish Community Council, the composition and functioning of which are established by law, adopted by majority vote as described in Article 4 of the constitution (affirmative votes have to be 2/3 of the votes expressed). There is a German Community Council, the composition and the functioning of which are determined by law. These councils are composed of elected representatives. Each community council is composed of members elected directly as members of the respective community council or as members of a regional council. Similarly each regional council is composed of members elected directly as members of the regional council concerned or as members of a community council. In practical terms, the bilingual region of Brussels Capital is calved out of Flemish region and the German speaking region is within the Walloon region. Therefore practically there is French Community Council, a Flemish Community Council and a Walloon Regional Council (as there are French and Germans in this region). Council members are elected for a period of 5 years.
There is a French Community Government and a Flemish Community Government, the composition and functioning which are established by law, adopted by majority vote as described in Article 4 of the constitution (affirmative votes have to be 2/3 of the votes expressed). There is a German Community Government, the composition and functioning of which are established by law. According to the constitution the French and Flemish community Councils, in addition to their respective governments, may exercise the responsibilities, respectively of the Walloon and of the Flemish Regional Governments, along the terms and according to those conditions established by law. This law must be adopted by a majority of vote as described in Article 4 of the constitution. Therefore although theoretically there could be a government for each region, this does not seem to be the case in reality.
The French and Dutch Community Councils, respectively, could establish by decree: i. Cultural issues; ii. Education with some exception; and iii. Inter-community co-operation, in addition to international co-operation. These decrees have force of law in French-language and in Dutch-language regions respectively, as well as in those institutions established in the bilingual region of Brussels-Capital which, on account of their activities, must be considered as belonging exclusively to one community or the other. The French and Flemish Community Councils rule by decree, in as much as is concerned, on personal issues, in addition to what is included in such issues, matters of inter-communal and international cooperation, including the ratification of treaties. On the use of language for: i. administrative matters; ii. Education in those establishments created, subsidised by public authorities; iii. Social relations between employers and their personnel, in addition to corporate acts and documents required by law and by regulations, the French and Dutch Community Councils rule by decree, inasmuch as each is concerned, excluding the federal legislator. The German Community Council also rules by decree on similar issues, almost in a similar manner. These decrees have force of law in French-language and in Dutch-language regions respectively except in case of: i. Those communes or groups of communes contiguous to another linguistic region and in which the law prescribe or allows the use of another language than that of the region in which they are located; ii. Services the activities of which extend beyond the linguistic region within which they are established; iii. Federal and international institutions designated by law, the activities of which are common to more than one community.
Federal Administration
Federal administration is governed with the help of two legislative chambers, the Chamber of Representatives and the Senate. The members of the Chamber of Representatives are elected directly by citizens who have completed the age of 18 and who do not fall within the categories of exclusion stipulated by law. Each elector has the right to only one vote. Elections are carried out by the system of proportional representation that the law determines. The ballot is obligatory and secret. The Chamber of Representatives is made up of 150 members. The population living there determines number of seats for an electoral division. It is the number of multiples of the federal divisor. The federal divisor is obtained by dividing the number of the country's population by 150. The remaining seats are allocated to the electoral regions, which have the greatest surplus of population not yet represented.
The Senate is made up of 71 senators, of whom: 25 are elected by the Dutch electoral college; 15 are elected by the French electoral college;10 are appointed by and within the Council of the Flemish Community; 10 are appointed by and within the Council of the French Community;1 is appointed by and within the Council of the German Community and 4 are appointed by French Electoral College and Council of the French Community. There are residency restrictions (specific to the regions) also to be eligible to be elected to the Senate.
For cases determined by the constitution, the elected members of each chamber are divided into a French linguistic group and a Dutch linguistic group. The chambers must meet each year for at least 40 days and the King pronounces the closing of the session. The King has the right to convoke the Chambers to an extraordinary meeting. The King can adjourn the Chambers but the adjournment cannot exceed the period of 1 month, nor be renewed in the same session without the consent of the chambers. The king has the right to dissolve the Chamber of Representatives only if the latter, with the absolute majority of its members: i. Either rejects a motion of confidence in the Federal Government and does not propose to the King, within 3 days from the day of the rejection of the motion, the nomination of a successor to the Prime Minister; ii. Or adopts a motion of disapproval with regard to the Federal Government and does not simultaneously propose to the King the nomination of a successor to the Prime Minister. At each session, each of the Chambers appoints its president, its Vice-Presidents, and forms its committee. Any resolution is passed by absolute majority of votes, except with regard to what is established by the regulations of the Chambers with regard to elections and presentations. If the votes are divided, the proposal submitted for discussion is rejected. Neither of the two Chambers can take a resolution until the majority of its members are in session. The Council of Ministers includes fifteen members at most. With the possible exception of the Prime Minister, the Council of Ministers includes as many French-speaking members as Dutch-speaking members.
The federal authority only has power in the matters that are formally attributed to it by the constitution and the laws carried in pursuance of the constitution itself. The communities and the regions, each in its own field of concern, have power for the other matters, under the conditions and in the terms stipulated by law.
Why this for Sri Lanka
A simple federal system like the one in Canada is good for countries with simple communities with mainly two groups of people living in distinct contiguous regions. These simple federal systems cannot meet the aspirations of all the communities of Sri Lanka. There are only two linguistic groups living in Sri Lanka but there are at least 4 distinct communities based on their origin, culture or religious believes. This is further complicated by the way they are geographically distributed.
The current peace process is all about the Tamil-speaking people's claim for their homeland in the NorthEast of the country. Therefore the country has two major regions, a Singhalese Homeland and a Tamil Homeland, similar to the Walloon region and Flemish region of Belgium. But within the Sinhalese Homeland, there is an Indian Tamil Community region in the Hills and a cosmopolitan Capital region in Colombo similar to the bilingual region of the Brussels Capital. Similarly, within the Tamil Homeland, there is the Muslim Community region.
Therefore for the devolution of power to work satisfactorily for all the communities, there is a need for the involvement of more than two (Sinhalese and Tamil) levels of regional administration. By a reformation similar to the Belgian one, to arrive at a solution to the Germans in the Walloon region, the negotiators could consider guaranteeing the Muslim community in the East of the country, their rights as equal citizens to live with the Tamils in that region. In a similar way the Tamils of Indian origin in the Hills could be guaranteed to live as equal citizens, with the Sinhalese in the Sinhalese Homeland (Tamils of Indian origin and Muslims have already expressed their concerns about their plight in the new system that is being searched). Similar to the bilingual region of Brussels Capital, people in Colombo could be assured of their rights if a similar arrangement could be arrived at.
The presence of the King in Belgium makes things easy there. In Sri Lanka people may have to elect a Governor General or even a President (not with executive powers like the present one) to play the role of the Belgian King. This President could be elected and functions like the President of India.
The main difference between the political leaders of Belgium and Sri Lanka is in the way these leaders have approached to solve the ethnic problems of their respective countries. In Belgium, the political leaders led their people through an institutional reform for almost 20 years to arrive at the present, satisfactory and successful, (both socially and economically) Federal State. In Sri Lanka, although a Federal State was suggested at the beginning, the political leaders convinced and led their people to solve the problem through a bloody war for the past 20 years. After realising the futility of the war, the Sri Lankan political leaders now seem to be interested in reforming the unitary system of government to a Federal or a Confederal system. A modification of the Belgian model could be one of the best alternatives for them to consider.