South Asia Analysis Group


Note No. 164

13. 11. 2002

  

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SRI LANKA: Cease Fire Process Enters The Committee Phase- Update 38.

by Dr. S. Chandrasekharan

The second round of talks that concluded on Nov. 3 is said to have progressed beyond expectations. The BBC which normally chooses its words carefully said that the talks made "dramatic progress." The Hindu of November 4, had the headline-" Tigers wish to turn a new leaf." But the Sri Lankan government’s chief negotiator was not so euphoric and he claimed that the peace process was "moving forward in a very encouraging manner." Mr. Hegelsen, the Norwegian facilitator was more realistic when he said "what we have agreed is here on paper. It has to be implemented vigorously on the ground."

The progress was, in the two sides forming joint committees that would address all the all three issues namely civilian rehabilitation, military concerns and sensitive political matters. Three sub committees were formed- one for political matters to work towards an acceptable model to be chaired by the two chief negotiators. two- sub committee on Intermediate Humanitarian and Rehabilitation needs in the North and the East (Note- not Northeast) and three- the subcommittee on "De-escalation and Normalisation" which will look into issues relating to high security zones. The rehabilitation committee will be chaired by Tamilchelvan and Bernard Goonatilleke and the security one by LTTE’s eastern military commander Karuna and the Sri Lankan Defence secretary, Austin Fernando. Rauf Hakeem, leader of Sri Lankan Muslim Congress was also inducted into the political committee. Rauf Hakeem and Karuna had a separate informal session where the security of Muslims was discussed. In a related issue the LTTE raised formally the role and location of STF in the eastern province.

In a surprise move, the LTTE dropped the demand for interim administration of the Northeast. In the Press conference that followed the talks, Balasingham spoke with consummate finesse. While dropping the demand for the handing over of administration of Northeast to the LTTE, which would have been difficult for Wickremasinghe government without cooperation from President Chandrika, he went to the extent of saying that the LTTE would permit other political parties and groups to participate in the democratic process in the north and the east. On the latter, the test would be whether the parties outside the TNA (Tamil National Alliance) would be allowed to operate in the areas under the control of LTTE.

For the present, the priorities of the LTTE appear to be one- rehabilitation and reconstruction of the northeast with the help of outside donors and two- to woo the Muslims, who have long been deliberately kept by the Sri Lankan government as a separate entity. Letting the SLMC leader as a party to the cease-fire talks and bringing in Karuna to talk directly to Hakeem tend to substantiate this view.

Aid and progress in peace talks go together. The Japanese official representative to the peace process Yasushi Akashi who toured the island for six days struck the right note in linking aid to progress in peace talks. Of significance is his reference to the eligibility of south Sri Lanka for aid once there was a permanent end to the conflict. It is presumed that he was talking on behalf of all other donor countries.

The next round of talks will be in Oslo between December 2 and 5 followed by other rounds on January 6, February 7 and March 18, 2003. The talks will be preceded by conference on invitation in Oslo on November 25. Besides United Kingdom, the United States and other Scandinavian countries, media reports indicate that India has also been invited.

So far the talks have gone off well with each party putting best foot forward but there could be problems. There was a major violation of cease fire terms by the LTTE when its boat with six members was intercepted by the Sri Lankan Navy off Trincomalee. The Navy found 35 claymore mines, concealed in the boat. The cadres were handed over to the monitoring committee instead of going through regular legal procedures. Of greater interest and potential to create friction between the government and the LTTE as also between the Prime minister and President is the string of Police stations, the LTTE proposes to open in the east. Two such Police stations were opened recently, one in Mutur, Trincomalee (one already present ) and the other in Palugamam in Batticola district. Media reports indicate that the Assistant Government agent, Batticola unveiled the name board of the Police station at Palugmam. Interestingly the LTTE has its own penal and criminal procedure code, its own judiciary, customs service, taxation laws and a banking service.

The running feud between President Chandrika and prime minister Wickremasinghe continues with each taking potshots at the other. While Chandrika made a televised appeal for unity in the interest of peace, it was treated with scorn by the government. A response came from the Sri Lankan representative to the talks G.L. Peiris that while the government welcomed offers of cooperation from all quarters it still had to implement its own agenda! In other words, thank you President, we don’t need you. But the fact of the matter is that the peace process cannot be taken to the logical end unless the President and the Prime minister, in the present constitutional dispensation available work together!

The government is also in the process of introducing a "Joint Chiefs of Staff Bill" this month that would provide the creation of a Joint Chiefs of Staff Committee functioning directly under the Ministry of Defence which some legal experts believe is yet another attempt by the government to strip the President of some powers and responsibilities. One of the objectives of the Joint Chiefs is to provide advice to the government individually or collectively when called upon to do so, when technically the President is the Commander in chief and it is the President who should seek such advice for herself or on behalf of the government and get it.

President Chandrika on the other hand has proposed on November 12, the setting up of a National Commission for Ethnic reconciliation and Sustainable peace with the participation of the LTTE without consulting the government. The highlight of her speech was the reference to 1983 riots which she said was a "water shed event in ethnic relations and a true national tragedy of epic proportions." She described the riots as a "clear failure of the Sri Lankan State to protect its Tamil Citizens." Had it been said in some other time, it would have been a weighty one. It was indeed a failure on the part of the then UNP government to protect the Tamils of all hues that resulted in a reluctant India intervening on behalf of the Tamils. The rest is history.

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