Sri Lanka- Discussion paper on Provincial Council- Update 50

South Asia Analysis Group

Note No. 192

26 . 07. 2003

Sri Lanka- Discussion paper on Provincial Council- Update 50

by Dr. S. Chandrasekharan

For the third time, the Sri Lankan government has made out a “proposal for discussion on a “Provisional Administrative Council “ for the Northern and Eastern Provinces for an interim administration. The Norwegian special envoy Jon Westborg visited LTTE headquarters in Wanni on 17^th July to hand over the document. Westborg’s impression was that the discussion with the LTTE leadership on the proposal was positive.

The LTTE had indicated that it has constituted a high level committee to conduct a detailed study of the latest proposals.

The Proposal: The administrative structure of the proposed Council consists briefly of the following:

* It will consist of members nominated by LTTE, Govt. of Sri Lanka including nominees of People’s Alliance of the opposition and the Sri Lanka Muslim Congress with a majority for the LTTE.

* The Chair person could be either two one from the LTTE and the other from GOSL or one for the whole council. In the case of the former each chair person will have veto power on any issue and in the case of latter, any decision affecting the Sinhalese and Muslims should be acceptable to the majority of the two communities.

* All power except the area of police and security, land and revenue, but including rehabilitation, reconstruction and resettlement as are now being enjoyed by the regional administration of the government will be exercised by the Council. The Council will determine the use of funds at its disposal-. It shall identify such utilisation by state and non state agencies.

* A Special Commissioner will be appointed by GOSL with the consent of a majority in the Council to utilise the state machinery for the implementation of the decisions of the Council.

* Each of the eight districts will have a District Committee appointed by and from amongst the members of the Council to serve as a link to the Provincial Council. Members will be appointed by the Council giving due consideration to the ethnic composition of each district. A District Secretary will be appointed for implementation of the decision of the Provincial Council and coordination of all development activities within the district. For effective implementation, each District Committee may establish such number of District Sub Committees for sub divisions within the district for effective implementation of the decisions of the Council.

* The Provincial Council could also have separate committees for Economic Affairs, Infra structure and Essential Services.

Response:

First and foremost, is should be conceded that the government within the constraints of a rigid constitution( thanks to late President Jayawardene) is willing to share power with the LTTE with the provision that safe guards are provided to the Muslims and Sinhalese living in the North East.

Second, the LTTE has been demanding that an interim administration is required for the twin objectives of expediting rehabilitation activities and also make the peace process more meaningful. The proposal made with minor changes will adequately meet the needs of re construction and rehabilitation, but the problem would come when it relates to consolidating the peace process.

The earlier proposals were rejected by the LTTE precisely on the ground that they failed to provide the political authority necessary to run the North East. With no control over police, security, land and revenue, the present proposal is unlikely to meet the objectives of the LTTE. Besides, the question of removal of High Security Zones in Jaffna Peninsula still remains a top priority for the LTTE. Another major issue that needs to be sorted out is - what happens to the territories under the control of LTTE where LTTE has its own administrative machinery, including police, security, taxation, customs, judiciary and revenue? LTTE is unlikely to give up its dominant position in the areas held by them.

Thirdly, preliminary reaction of the opposition People’s Alliance in their inclusion in the Provincial council appears to be not so positive. The party is said to have taken objection to their inclusion without prior consent of their president Chandrika Kumaratunge. It is likely that this issue of the establishment of North East Provincial Council may result in a head on clash between the President and the Prime Minister.

As the media (Island) puts it, “the country has been going through this pinch and punch show of Chandrika and Ranil for over seven and a half years. The recipients of these pinches and punches have not been them but the people. The peace process will not and cannot succeed under the circumstances ...”- a very valid observation.

There have been suggestions that if the two leaders do not agree, the only way out is to go to the people for a fresh mandate. But is it likely to change the situation unless the Sinhala politicians on both sides of the divide realise that the alternative to a consensus is resumption of war.

It is learnt that one of the main demands of JVP for political alliance with the opposition PA, is the immediate abrogation of the government-LTTE cease-fire agreement.   Other demands include, cancellation of Norwegian facilitation, expulsion of truce monitors and a clear cut stand of the President on the proposed North east administration. Instead of outright rejection of the demands of the JVP, which would have given a positive signal to the recalcitrant LTTE, the President is said to have agreed to jointly “review” these issues. This gives no comfort to the international community which has pledged billions of dollars for reconstruction and rehabilitation.

Other disturbing trends: It is well known by now that the LTTE has been stocking up arms and lethal equipment. A few incidents of the sinking of LTTE’s cargo vessels suspected to be carrying arms by the Sri Lankan Navy have been discussed before. A new development has been the frantic move by the Sri Lankan security forces to obtain arms from Israel and the USA. Delegations have been visiting these countries with a long shopping list. It looks that both the parties appear to be not so confident of the durability of the cease fire agreement.

There has been continuing violation of cease fire agreement. The most serious has been the establishment of a camp by LTTE at Kinniya in the government controlled area. The SLMM has inspected the area, not once but twice and concluded that the camp falls within the government controlled territory.   The LTTE has so far refused to budge and is sending another team to examine the location!

Meantime the SLMM is increasing its strength of sea monitors to prevent incidents off the sea which of late have become serious enough to affect the cease fire agreement.

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