It was September 26, 1959. Though devastated by 1958 riot yet it was a tranquil and beautiful island. In this scenario, the Prime Minister, SWRD Bandaranaike was assassinated on the fateful day of September 26, 1959. Upon the tragic death of Bandaranaike, W. Dhanayake became the Prime Minister of Ceylon for a short period, till March 1960. C. P. de Silva was unable to form a government. Parliament was dissolved and the election was held on March 19, 1960. UNP was led by Dudley Senanayake while SLFP was led by C.P. de Silva. Both parties failed to obtain comfortable majority of parliamentary seats to form a stable government. In the premise, both parties approached the Federal Party which secured 15 Seats in order to secure its support to run a government without any political hindrance. SLFP led by C. P. de Silva was successful in obtaining the support of FP on an oral promise made to revive the BC Pact. Chelvanayakam, Leader of the Federal Party was repeatedly asked C.P. de Silva and the then strong man Felix Dias Bandaranaike for assurance that they would honor the oral promise. C. P. de Silva said “I drive a hard bargain and when I had made it, I keep it”. Chelvanayakam replied “On this basis of this assurance I would give the Governor General my word that my party would support the government headed by C. P. de Silva”. Accordingly Chelvanayakam told the then Governor General, Sir Oliver Goonatelleke. Sir Oliver asked Chelvanayakam “Will you support the government for a minimum period of two years?”. Chelvanayakam said “My Party had come to an understanding with the SLFP. We will support the government not merely for two years but till the end of the term of this Parliament”. Notwithstanding a clear word of support, Sir Oliver did not accept the word of Chelvanayakam but dissolved Parliament and held the election in July 1960. Professor A. J. Wilson says that Sir Oliver had reported to Dr. N.M. Perera that he did not make C. P. de Silva the Prime Minister on the ground of his social status. Oral promises were once again made to the Leader of the Federal Party by prominent leaders of SLFP that they would revive BC Pact and the FP had wholeheartedly supported the SLFP at the July election. World’s First Woman Prime Minister In the July General Election Sirima Bandaranaike came out of political obscurity to the limelight of politics. SLFP was this time led by Sirima Bandaranaike. Many mean objections were raised by her opponents for her to be a Member of Parliament but Providence moved swiftly and silently. Sirima Bandaranaike became victorious at the election. SLFP swept the polls and got 75 Seats while UNP got 30 Seats only and the FP secured 16 Seats. As the SLFP got an overwhelming majority it had ignored the FP absolutely. Sirima Bandaranaike was sworn in as Prime Minister on July 21, 1960. The West had always claimed that they were the civilized nations but had failed to make a Woman Prime Minister. Ceylon, being a third world country, had the rare privilege of making the World’s First Woman Prime Minister. It is on record that Sirima Bandaranaike had always made a thorough study of all Cabinet papers before they were presented to the Cabinet to take a decision. She kept all Cabinet Ministers, especially Dr. N.M. Perera and Dr. Colvin R. de Silva under control. A tap on the table would make the erudite doctors both NM and Colvin to stop their long winding speeches. Dedication to duty The height of dedication, astuteness, political maturity and able governance of Sirima Bandaranaike were demonstrated successfully during her second term of office as Prime Minister. She simply extolled herself as a genius when she mastered the Law of the Sea and signed the Agreement between India and Sri Lanka on Maritime Boundaries in Historic Waters on June 26/28, 1974. UNCLOS Sri Lanka was an active participant in the First United Nations Conference on the Law of the Sea – UNCLOS – I, held in 1958 at Geneva. Four important issues were determined at this Conference. They were, 1. The Convention on the High Seas. 2. The Convention on the Territorial Sea and the Contiguous Zone. 3. The Convention on the Continental Shelf and 4. The Convention on Fishing and Conservation of the Living Resources of the High Seas. The Third UN Conference on the Law of the Sea – UNCLOS – III commenced in or about 1967. Shirley Amerasinghe, an expert exponent on the Law of the Sea was since 1967 the Sri Lankan Permanent Representative to the UN and in 1969 headed the Seabed and Ocean Floor Conference. He was later elevated to the Office of President of UNCLOS -III. He was in that position till he reached his untimely death in 1980. During this period the Ministry of Defence and Foreign Affairs of Sri Lanka had an able team of dedicated legal advisers headed by C.W. Pinto. He and his team of officers had very cordial and affable relationship with Shirley Amerasinghe. It is notable that Sirima Bandaranike’s second term of office as Prime Minister was faced with many problems. Internally, she faced the insurgency of JVP, the promulgation of the First Republican Constitution, the Land Reform Law and the like, and externally, the hoisting of Non-aligned Countries Conference in Colombo and the signing of the Agreement between India and Sri Lanka relating to Maritime Boundary between the two countries, popularly known as Kachchativu Agreement. The Kachchativu Agreement was an epoch making achievement of Sirima Bandaranaike. During her first term of office as Prime Minister she found a durable solution to the knotty problem of stateless persons. Kachchativu Kachchativu is an islet in the Palk Bay, about a mile long and less than half a mile broad. It is closer to Delft but uninhabited and the surrounding area is rich in many species of the living resources of the sea and minerals: suspected of geological petroleum and natural gas deposits around its surroundings. Sirima Bandaranaike had spent many hours to study on her own and she had sought advice as to why Kachchativu islet became so important to Sri Lanka. She found the seas surrounding this islet were full of fertile flora and fauna of marine environment, minerals, living, non-living resources of the sea-bed and sub-soil together with living organisms belonging to sedimentary species of many kinds of fish, crabs, turtles, con-shelves, Chanks, petroleum products. She became personally possessed of facts that Ceylon had exercised sovereignty over the Chank Fisheries, Pearl Banks and Pearl Fisheries. Sirima – a skilled negotiator When Sirima Bandaranaike became satisfied of the richness of Kachchativu islet and it belonged to Sri Lanka, she sent a letter dated September 28, 1971 and addressed to Indira Gandhi, asserting that “May I say at the outset having now had the opportunity to examine the relevant records and documents that they leave no doubt in my mind that Kachchativu is part of the territory of Ceylon and that the island continues to be under my Government’s jurisdiction and control”. Since 1968 Dudley Senanayake as Prime Minister had intensive discussions and correspondences with the Indian Prime Minister, Indira Gandhi with regard to Kachchativu issue. When Sirima Bandaranaike inquired Dudley Senanayake through her officials, he disclosed many vital documents and information he had with the Indian Prime Minister, Mrs. Indira Gandhi. She procured all such information from Dudley Senanayake in writing and informed Indira Gandhi their earlier agreement concluded with Dudley Senanayake to have a median line been drawn with respect of historic waters between India and Sri Lanka. Sirima Bandaranaike summoned Shirley Amerasinghe twice to Colombo and studied all mechanisms and intricacies of the median line. She was well explained by Shirley Amerasinghe by maps, drawings and sketches that on the basis of median line Kachchativu would naturally come within the territorial jurisdiction of Sr Lanka. Shirley Amerasinghe explained her well that a new regime of median line would be incorporated in the UNCLOS- III giving legal effect to the concept. The Agreement clearly states inter alia that “The fishing vessels and fishermen of India shall not engage in fishing in the historic waters, the territorial sea and the exclusive economic zone of Sri Lanka”. There is Wadge Bank which comes exclusively within the exclusive economic zone of India. India shall have the sovereign rights over that area and its resources. Sirima Bandaranaike successfully negotiated for the Sri Lankan fishermen to fishing rights under certain conditions for a period of three years from the date of establishment by India of its exclusive economic zone. A reading of some of the conditions that Sirima Bandaranaike secured in the Wadge Bank for the benefit of Sri Lanka would prove the negotiating skill and ability of this great lady politician we have ever had. 1. The facility allowed to the Sri Lanka fishing vessels and persons on board those vessels is restricted to the fishing vessels owned by the Government of Sri Lanka or by Sri Lanka Company or its nationals. This facility shall not be transferable to any other State or its vessels or nationals. 2. At the request of the Government of Sri Lanka, the Government of India agrees to provide annually to Sri Lanka two thousand tons of fish of the quality and species and at the price to be mutually agreed upon between the two Governments, for a period of five years with effect from the date of cessation of fishing activity by Sri Lanka Vessels in the Wadge Bank. 3. The Government of India agree to make available to the Government of Sri Lanka, upon terms and conditions to be agreed upon between the two Governments, technical assistance for the development of Sri Lanka fisheries. Indira Gandhi was not properly advised by her officials with regard to the importance of the living and non-living resources of Kachchativu. She openly declared that Kachchativu islet was a sand hill. The Opposition Parties and the Tamil Nadu Government had all agreed to the signing of this Agreement by Indira Gandhi. No person had ever made a request for Indian fishermen to have fishing rights in the historic waters as the Prime Minister of Sri Lanka had ably negotiated for fishing rights in the Wadge Bank. Sinhala Only Act enacted by SWRD Bandaranaike and its stringent implementation by Sirima Bandaranaike did not pave way for a united Sri Lanka. SWRD Bandaranaike concluded his Speech on the Sinhala Only Bill in Parliament, saying that “We will finally emerge a stronger, more united and truly progressive people than we have been hitherto”. Both failed to realize that Sri Lanka is a country with multi-racial, multi-religious and bi-lingual communities and not with one single race or community. Because of their short-sighted political vision the country did not get united but stood divided and was bleeding for the last thirty years. It is unfortunate that they allowed an indelible blot to creep in to mar their illustrious political march. Still it is lurking in the political horizon whether the New Proposed Constitution would accommodate all communities and march towards prosperity.
The Associated Newspapers of Ceylon Ltd 19962016.