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"Mindful of the respective rights of the ethnic and religious groupings as enshrined in the Constitution, our Government is committed to maintaining the multi-ethnic, |
Head of the Sri Lankan delegation for the Geneva peace talks Minister Nimal Siripala de Silva and LTTE theoretician Anton Balasingham shake hands at the launch of the talks, February 22, 2006. (pic. Sudath Silva) |
multi-religious and pluralist character of Sri Lanka. All persons irrespective of their race, religion, caste |
or gender are equal before our law. All our people
whichever part of Sri Lanka they live in, are protected by these basic
fundamental rights. These rights must not be truncated in any part of
Sri Lanka, thereby depriving those persons of equality before the law.
It is unfortunate that the LTTE has unlawfully deprived the Tamils,
Muslims and Sinhalese of these fundamental and human rights, recognized
in our law and in international law, in particular in Kilinochchi and Mullaitivu districts in the North of Sri Lanka," said Minister Nimal
Siripala de Silva, Head of the Delegation of the Government of Sri
Lanka, in his opening comments at talks with the LTTE today.
A fresh approach
The leader of the Sri Lankan delegation also said that H.E. President
Mahinda Rajapaksa was elected to office on 17th November 2005 with a
mandate from the Nation to work towards the achievement of an honourable
peace. The Mahinda Chintana, which encapsulates the President's vision
for the country, makes it clear that the President has recognized the
need for a direct dialogue with the LTTE, in the pursuit of such a goal.
He has even stated that he is prepared to meet with the Leader of the
LTTE and other representatives for such discussions. Notwithstanding the
clear enunciation of such a position, it was unfortunate that upon
assumption of office, H.E. the President was confronted with a number of
acts which would easily qualify as being highly provocative. Such acts
had the potential to disturb and deflect us from the path of dialogue
and discussion. However, our President with his deep commitment to
peace, reacted with patience and restraint to contain the tension that
resulted from these acts of provocation and hostilities.
(Full text)
Opening Statement by the Hon. Nimal Siripala de Silva, Head of
Delegation, Government of Sri Lanka
I. Introduction
On behalf of H.E. the President of the Republic of Sri Lanka Mahinda
Rajapaksa and the Government of Sri Lanka, I am pleased to make these
preliminary comments at the commencement of the talks between the
Government of Sri Lanka and the LTTE, facilitated by the Royal Norwegian
Government and hosted by the Government of Switzerland. At the outset,
let me thank all the parties, including the Co-Chairs, who have worked
tirelessly to make this event a reality.
At this stage, I would also like to express the hope of the Government
and the People of Sri Lanka that these discussions will mark a
significant chapter in the dialogue between the Government of Sri Lanka
and the LTTE. It is also our wish that this dialogue would form the
basis of a meaningful ceasefire where the beneficiaries of it would be
all the People of Sri Lanka.
An analysis of successful negotiations worldwide would perhaps establish
the fact that successes have resulted on occasions where parties to the
conflict have had the ourage, dedication and determination to pursue a
solution through a continuous process of dialogue with sincerity. We
should keep in mind that no issue is insurmountable, if the interests of
the People and the Country are kept uppermost in our minds. Accordingly,
it is our desire to express our views in a frank and forthright manner,
rather than to make vague and ambiguous statements that would serve no
useful purpose, although they may appear more acceptable on the surface.
As we all know, H.E. the President Mahinda Rajapaksa was elected on a
platform of seeking an honorable peace? On that basis, our delegation
affirms and emphasizes the position of the Government of Sri Lanka that
the Ceasefire Agreement entered into between the then Prime Minister Ranil Wickremesinghe and Mr. V. Prabhakaran, the leader of the LTTE on
the 22nd February 2002 is contrary to our Constitution and law.
Furthermore, it is prejudicial to the sovereignty and the territorial
integrity of the Republic of Sri Lanka. Nevertheless, we acknowledge
that certain benefits flowed to the People from the observance of the
ceasefire, which resulted in our strong determination and desire to
preserve the ceasefire. We also consider the ceasefire as a first step
to arrive at a negotiated settlement to the ongoing conflict and we
propose to rectify certain grave anomalies arising from the agreement.
Since assuming office, our President has at various times and occasions
extended invitations to begin a dialogue with the LTTE. Furthermore, our
Government has been keen that the overall process of discussion and
dialogue should be of an inclusive nature since it affects the whole
Nation. We take pride in the fact that the Government's participation at
these talks in Geneva is with the support and goodwill of all the
democratically elected political parties in Sri Lanka. The discussions
at
the All Parties Conference held over the past few weeks resulted in the
consensus that we initiate this dialogue with the LTTE. These
discussions also served to prepare a common platform for the dialogue
that we are commencing today with renewed hopes and expectations. This
fact is significant since it is the first time in the history of this
conflict that such a consensus has been reached. Therefore, I am
privileged and honored to lead the Government's delegation that is in
Geneva today with the strong support from the Peoples' representatives
of Sri Lanka.
II. A Fresh Approach
H.E. President Mahinda Rajapaksa was elected to office on 17th November
2005 with a mandate from the Nation to work towards the achievement of
an honourable peace. The Mahinda Chintana, which encapsulates the
President's vision for the country, makes it clear that the President
has recognized the need for a direct dialogue with the LTTE, in the
pursuit of such a goal. He has even stated that he is prepared to meet
with the Leader of the LTTE and other representatives for such
discussions. Notwithstanding the clear enunciation of such a position,
it was unfortunate that upon assumption of office, H.E. the President
was confronted with a number of acts which would easily qualify as being
highly provocative. Such acts had the potential to disturb and deflect
us from the path of dialogue and discussion. However, our President with
his deep commitment to peace, reacted with patience and restraint to
contain the tension that resulted from these acts of provocation and
hostilities.
This enlightened response was certainly not a sign of weakness, but a
display of our firm commitment to peace. We are therefore thankful to
the international community for their steadfast encouragement for the
commencement of these discussions. It is also our considered view that
in the event such provocations had continued unabated, the repercussions
may have been extremely dangerous with further loss of lives and the
ceasefire becoming totally meaningless and leading to its eventual
collapse.
Let me at this stage assure all, that it is the desire of H.E. President
Rajapaksa to look at issues from a fresh perspective to find a
sustainable solution to the conflict that engulfs our country. Let me
also re-iterate that our Government is committed to talk, listen and
think afresh.
III. Democracy and Human Rights
Sri Lanka is one of Asia's most long-standing democracies. The people
have enjoyed uninterrupted universal franchise since 1931, long before
gaining independence in 1948. For over 65 years, our people have elected
their own representatives to Parliament, from all ethnic groups. Both
within the confines of Parliament and beyond, the right to criticize
both the Government and the Opposition is an integral part of the
freedom of expression. We must therefore ensure that all citizens of our
country, wherever they may live, are free to exercise their franchise at
free and fair elections, whether they be Sinhala, Tamil, Muslim, Malay,
Burgher or any other group however small in numbers. The democratic
process must prevail. Accordingly, no community or any section of a
community should be deprived and denied their right to vote freely and
to exercise their right to elect the representatives of their choice to
whom they would entrust leadership.
It was a sad day for democracy in our country when at the Presidential
Elections of November 2005, the LTTE forced the people in certain
districts to observe a boycott of elections through coercion and general
intimidation. It was a gross violation of democratic rights. In
addition, the widespread rigging and corrupt election practices in many
parts of the North at the general elections in April 2004 which was
confirmed by the international election monitors could also be cited as
further evidence of the LTTE's disregard for democracy. It is in that
context that the Government of Sri Lanka sincerely hopes that with a
meaningful ceasefire, the people in the North could participate freely
in the democratic process. We are confident that these sentiments will
also be endorsed by the international community where such democratic
norms prevail.
Mindful of the respective rights of the ethnic and religious groupings
as enshrined in the Constitution, our Government is committed to
maintaining the multi-ethnic, multi-religious and pluralist character of
Sri Lanka. All persons irrespective of their race, religion, caste or
gender are equal before our law. All our people whichever part of Sri
Lanka they live in, are protected by these basic fundamental rights.
These rights must not be truncated in any part of Sri Lanka, thereby
depriving those persons of equality before the law. It is unfortunate
that the LTTE has unlawfully deprived the Tamils, Muslims and Sinhalese
of these fundamental and human rights, recognized in our law and in
international law, in particular in Killinochchi and Mullaitivu
districts in the North of Sri Lanka.
As we all know, as a result of the ceasefire that has been in effect
since February 2002, the LTTE has been able to engage itself in
political activity. At that time, it was the intention that other
political parties, too, should also be permitted to engage themselves in
political activity in the North and East without hindrance. However, it
is regrettable that this aim could not be achieved due to the LTTE's
hostile acts, including the assassination and abduction of political
activists, which has obstructed the legitimate political activity of
others. It is our hope that we would be able to move towards the
restoration of the democratic values which are so important in a
civilized society.
IV. Ceasefire Violations
As set out in the preamble of the Agreement on a Ceasefire between the
then Prime Minister Hon. Ranil Wickremesinghe and the LTTE, entered into
on 22nd February 2002, four years to the day today, the importance of
bringing the end to hostilities and improving the living conditions of
all persons affected by the conflict was recognized. An end to
hostilities was also seen as a means of establishing a positive
atmosphere in which further steps towards a lasting solution could be
taken.
However, the available evidence suggests that the LTTE had taken undue
and unfair advantage of the ceasefire to strengthen its military
capability. Repeated calls by the Government of Sri Lanka, the SLMM, and
the international community to the LTTE to desist from such behavior has
unfortunately not been heeded. This has resulted in a large number of
significant violations which has seriously undermined the spirit of the
'ceasefire and threatened its termination'.
The number of ruled violations by the LTTE as determined by the Sri
Lanka Monitoring Mission (SLMM) since the beginning of the ceasefire up
to the end of last month is a massive 3519. In comparison, the SLMM has
determined that the GOSL has violated the agreement on 163 occasions.
This shows that 96% of all violations have been committed by the LTTE.
The violent incidents committed by the LTTE include assassinations,
child recruitment and kidnappings, abductions of adults, suicide
missions, killings of military and civilian persons, harassment of
students and political workers, and destruction of property. Such
incidents have seriously undermined the sustainability of the ceasefire
and disturbed the return to normalcy for civilians in Sri Lanka,
particularly in the North and East.
At this moment, we also wish to pay tribute to one of the great
statesmen of our times, the late Hon. Lakshman Kadirgamar, President's
Counsel, the former Minister of Foreign Affairs of Sri Lanka. Hon.
Lakshman Kadirgamar was internationally respected, widely acclaimed and
highly honored. As the Minister of Foreign Affairs, he toiled hard
pursuing a solution to our conflict. The fact that such a person was
assassinated by the LTTE when the ceasefire was in force demonstrates
the disregard with which the agreement had been treated and also
highlights the significant deficiencies of the current ceasefire.
These circumstances underscore the inherent weaknesses in the existing
ceasefire agreement as well as the lacuna in setting out norms for its
effective implementation. These also show that the lack of sanctions
being attached to violations when there are clear determinations made by
the SLMM, is a very serious shortcoming that needs to be addressed in
the interest of all concerned.
In expressing its views about the ceasefire, the Government of Sri Lanka
must take into account the concerns of all of the people of Sri Lanka.
The Government takes this obligation seriously and has engaged in
consultations with representatives of all ethnic communities in
preparing for these talks. In this context, we also wish to raise some
of the concerns of the Muslim community with regard to the ceasefire.
As we all know, almost the entire Muslim community in the North was
forcibly expelled by the LTTE during the time of the conflict. Families
were ordered to leave their homes with only the possessions they could
carry in their hands, on a few hours notice. Lives were lost, homes
abandoned, and businesses forced to shut down. It was the hope of the
Muslim people that the ceasefire would create the conditions that would
enable them to feel secure to return to their homes and re-establish
their lives. Unfortunately, most of these internally displaced people
still linger in refugee camps or have been resettled elsewhere. Muslim
people also face serious challenges to their security in the East, where
incidents of violence threaten the civilian population at regular
intervals.
It is the belief of the Government of Sri Lanka that the dialogue about
the ceasefire would take into account the urgent concerns of the Muslim
community. Accordingly, these issues and interests must be adequately
addressed for the ceasefire to be meaningful.
V. Children Affected by the Armed Conflict
The Government of Sri Lanka has always endeavored to respect the rights
of children. We have demonstrated this commitment by becoming a party to
the major international human rights conventions, including the
International Convention on the Rights of the Child. This convention
casts upon the Government, the obligation to protect the rights of all
Sri Lankan children including children affected by armed conflict.
Well before assuming office as President, H.E. President Mahinda
Rajapaksa had earned himself an outstanding reputation as a champion of
human rights and as an ardent advocate for safeguarding the rights of
children. It was therefore not surprising that as soon as he was elected
as President, he established a new ministry for children to provide for
the legal and social conditions to protect all children and ensure their
welfare. Naturally therefore, we are seriously concerned whenever the
denial of these rights takes place within the territory of Sri Lanka as
it is contrary to our law, international obligations and the basic
fundamentals of a civilised society.
In the context of the Government of Sri Lanka's overall commitment
toward children and the obligations it has undertaken under
international law, we find the violations of the rights of children
committed by the LTTE as being totally unacceptable and deeply
distressing.
The use of children by the LTTE in combat has been extensively
documented by the SLMM, UNICEF, and other international agencies.
According to UNICEF documentation, 5368 children are known by UNICEF to
have been recruited by the LTTE, a figure that UNICEF acknowledges is
under-representative of the actual number. Since the beginning of the
ceasefire through 30 January 2006, the SLMM has ruled 2,011 violations
against the LTTE for incidents of child recruitment and abduction; this
number represents 55% of the total violations of the Ceasefire
Agreement. UNICEF has also reported that child recruitment and
kidnapping is continuing unabated as per their latest report of January
2006. Notwithstanding the concerns of almost the entire world community,
it is sad that the LTTE has continued to demonstrate their disregard for
the rights of children. The recent incident where three Government
police officers associated with the National Child Protection Agency
were abducted by the LTTE while the officers were in pursuit of a known
pedophile is a clear illustration of this unfortunate situation.
The importance and urgency of addressing the issue of child soldiers has
been recognized by the United Nations Security Council, which in its
recently passed Resolution 1612 urged strong action to be taken against
parties that recruit and abduct underage children into their ranks. The
LTTE has been identified as such a violating party in a Report submitted
to the Security Council by the Secretary-General of the United Nations.
However, despite repeated international condemnations of the incidents
of recruitment and abduction of children, the violations continue to
occur. It is the Government of Sri Lanka's fervent hope that a dialogue
on this issue could contribute to creating a meaningful ceasefire, one
in which all children of Sri Lanka are free to blossom and develop
themselves into healthy and productive members of society.
VI. Law and Order
One of the cornerstones of a democracy is an environment of security.
Without law and order and its enforcement, individuals are not free to
exercise the full range of rights they are entitled to. Freedom of
speech
and the right to engage in political activities are meaningless if the
exercise of these rights could lead to abduction or death. A state of
ceasefire does not override the existing law and order mechanisms in
society. For this reason, the Government of Sri Lanka deplores the large
number of killings of Sri Lankans of various ethnic groups after the
ceasefire of February 2002. These killings have seriously undermined the
ceasefire. The Government expresses its grave displeasure and
disappointment that deficiencies in the ceasefire agreement have been
exploited in this manner, leading to serious strains being placed on the
enforcement machinery of our system of law and order.
The Government of President Mahinda Rajapaksa is committed to
maintaining law and order without discrimination in every part of our
country. His new administration initiated a program that extensively
cracked down on organized criminals, underworld gangs, armed groups and
narcotics dealers. This program is continuing with great intensity
today. Criminals, whichever part of the country they operate in, are
subject to this crack-down as the scope of this program covers the
entire country. On that basis, the Government has already taken all
necessary action to bring the perpetrators of certain recent crimes to
justice in accordance with the due process of law. The murders of youth
in Trincomalee, the reported abductions of members of the Tamil
Rehabilitation Organization, TRO, the assassination of Parliamentarian
Joseph Pararajasingham and all other reported incidents are being
diligently investigated by our law enforcement authorities and we are
taking all necessary action to bring the perpetrators of these crimes to
justice.
It is also clear that certain parties with vested interests are
attempting to accuse and discredit the Government of Sri Lanka for
various alleged incidents. A critical examination of some of the recent
allegations indicates that the media had been informed of some incidents
well before such incidents have even been brought to the notice of the
law enforcement authorities. In some cases, evidence has not been freely
forthcoming and hardly any cooperation has been extended by the
complainants. Such behaviour casts serious doubt on the reliability and
authenticity of the complaints themselves. These facts seem to suggest
that some of these allegations may have been cleverly stage managed and
hence we wish to inform the international community that such incidents
would have to be more extensively investigated prior to opinions being
expressed about the veracity of the claims.
VII. Economic development
From the first day of his election to the office of President, the
Government of H.E. the President Mahinda Rajapaksa has demonstrated its
unwavering commitment to achieve substantial and sustainable economic
development in all parts of the country. It is our stated goal to bring
prosperity to all citizens of Sri Lanka. It is with that objective in
mind that the Government has invested heavily in provincial development.
In particular, the Government recognizes that the Northern and the
Eastern provinces should be accorded special attention so as to enable
these areas
to expeditiously recover from the devastation of the conflict and the
tsunami.
It is in this context that the Mahinda Chintana has enumerated a series
of development projects to expeditiously solve the problems of the
people living in the Northern and Eastern provinces. These proposals
have been given life through appropriations in the budget that was
presented by H.E. the President. As a Government, we are committed
towards implementing these projects so as to restore accelerated
economic activity.
The Government is also fully aware that the people of the North and the
East have suffered tremendously in the wake of the tsunami that struck
our country in December 2004. We have already implemented many schemes
to provide relief to the tsunami affected people with the consultation
and participation of the affected communities.
In our view, certain violations of the ceasefire have resulted in
serious economic hardships being caused to farmers, fishermen, and
others involved in economic pursuit in the Northern and Eastern
provinces. For example, in the Jaffna district, monetary surcharges are
imposed on farmers and they also undergo tremendous difficulties in the
transportation of their produce. Such factors result in lowering the
prices that they could command for their produce. Consequently, their
earnings are reduced considerably. The Government of Sri Lanka is
concerned about the plight of these farmers
and others whose living standards have declined as a result of the
restrictive practices imposed by the LTTE. We believe these issues too,
should be resolved so as to restore normalcy in the economic conditions
in the North and the East.
The Government sincerely believes that taking steps towards establishing
a meaningful and effective ceasefire would be one of the most important
initiatives to provide for the improvement of the economic conditions of
the people in the North and the East.
It is our earnest hope that our discussions would pave the way for the
realization of such a ceasefire, which would thereby lead to a peaceful
environment that is so important for economic development and
investment.
VII. Concluding Remarks
Hon. Minister Erik Solheim and the Facilitation team, Mr. Anton
Balasingham and members of the LTTE delegation, Our talks today marks a
new beginning. Given the pragmatism, courage and far-sightedness of H.E.
the President, we are confident that this beginning could be nurtured
towards the achievement of the goals we have set ourselves.
We recognize, however, that the path ahead is likely to be one of
challenge and complexity. Nevertheless, we sincerely believe that we
should leave no stone unturned to bring about a peaceful environment in
our country. We fervently hope that the LTTE would also respond with
sincerity to develop a framework that would result in the cessation of
hostilities and embark on the path of non-violence.
We owe that duty and commitment to our people wherever they may live.
Contact Information: Send mail to gosl@presidentsl.org with questions or comments about this web site.
Last Updated
Date: February 22, 2006 - 14.30 GMT
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Fundamental Rights of vital importance --
Sri Lanka states in Geneva |
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New Head for SLMM
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