Indo-Lanka Accord (ILA), signed more than 20 years ago, stipulated the merger of Northern and Eastern provinces as one unit and made it compulsory that the GOSL should hold a referendum in the East of the island, within one year of signing the accord.

The GOSL knew that the referendum would be in favour of the merger. So it deliberately decided not to hold a referendum but to merge North East (NE) by a presidential decree. By such inaction on referendum and action by a presidentail decree, the Northern and Eastern provinces were merged permanently for ever. India accepted this position and even the Ceasefire agreement signed in 2002, between the GOSL and the LTTE, witnessed by Norway and hailed by the International Community, recognised the merged North East Unit.

Suddenly, last year, in response to an application, a “drama” staged by southern politicos, the Supreme Court decided the merger of North East as unconstitutional. The judges were Sinhalese. A submission by the Tamil law makers was not accepted by the judges.

A “unilateral judiciary” with a unilateral judicial system to favour the Sinhalese; the reason why the Independent International Group of Eminent Persons (IIGEP) had to leave Sri Lanka (SL) and the presence of UN Human Rights Monitoring Mission is urgently needed in that island now.

The GOSL should have simply brought in a constitutional amendment in the legislature to merge the provinces of North and East. But violating the ILA, it wants to hold elections separately in the “Eastern Province”, though, NE held elections as one unit after ILA, had one Chief Minister and even one governor up until last year.

Not only the GOSL, the major political parties of the Sinhala nation are parading to participate in the illegal election process, instead of enacting a constitutional amendment for the merger. Sinhala nation has thus jointly decided to be unilateral and criminal to violate the accord.

The ILA is an international agreement signed by two countries governed by International law. The merger of NE is embodied in the ILA. Therefore, this matter comes within the jurisdiction of the International Court.

The ILA had sad eventualities with India, but before it was signed, the leaders of NE listed to the government of India, the past unilateral violations from the Sinhala nation and expressed fear of similar violations of the ILA. They were then firmly assured by Rajiv Gandhi that in case of such violation, India would support the creation of Tamil Eelam as the only unavoidable solution.

As a mark of respect for Rajiv Gandhi, the signatory of ILA, and his firm assurance to the people of NE, India is now obliged to commit to justice without prejudice.

The people of NE also have a separate case on this matter. In 1972, when the South went ahead with the unilateral declaration of republic, the people of NE, as one entity, voted to create Tamil Eelam.

A criminal is never allowed to remain as one for ever. It is bad for him, the others and humanity at large. A criminal nation that is not remorseful would exhibit criminality even after 20 years; if it is not brought to justice, punished and rehabilitated. This is a hard lesson the world would learn fom the present violation of ILA and the denial of the legitimate rights of the people of NE.