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Peace Process: Stalemate continues

[July 15, 2003 - 9.15 GMT] 

 

By Dr. S. Chandrasekharan 

Though there have been hiccups before, for the first time the talks between the LTTE and the Sri Lankan government appear to have stalled on two major issues- one, the grant of interim administration to the LTTE in the north east and two, de-escalation of high security zones in Jaffna. Of these, the demand for an interim administration has taken urgency though both issues are inter-related.

The main objective of the LTTE is to regain control over Jaffna which it could not succeed militarily but now sees a chance to succeed politically and hence their inflexibility.  Balasingham has made the position of LTTE clear that what they need is a "politico- administrative interim" structure for the north east without spelling out the details. On another occasion he has demanded a radical overhaul of the entire peace process and a redefined agenda again without giving the details, thus making the issue more confusing.

It is clear from the statements that the LTTE is not going to spell out clearly what they want. The Norwegian facilitators who had gone to London to discuss with Balasingham were told that the Sri Lankan government should present a set of proposals for an interim administration. This will be first studied by the LTTE and improvements will be suggested and then the parties could enter into negotiations to formalize an interim administration. There will be no proposals from their side except in general terms.

But what the LTTE wants could be gleaned from elsewhere.  In the "Tamil resurgence" “Pongu Thamil’ rally supposedly sponsored by the Jaffna students though in fact it was LTTE’s, the declaration read out to a large gathering said

* An interim state structure possessing full powers must be entrusted to . . . LTTE. 

* The international community must recognize the state structure.

* The Sri Lankan Armed forces must move out of the Tamil Homeland.

These three demands more or less meet LTTE’s objectives. What they need in the north east is a "state structure" and this would mean a "state within the state."

If there was any ambiguity, this was further clarified in another part of the declaration which reiterated three of the Thimpu demands namely, recognition of- Tamils as a distinct nation, Tamils having a traditional homeland and the right to self determination.

The problem is that no government in power can agree to an interim structure outside the Sri Lankan constitution. G.L.Peiris, himself a constitutional lawyer is aware of the difficulty. Prime Minister Wickramasigha visited United Kingdom along with the Attorney General and Peiris to obtain expert opinion from British legal and constitutional experts.

The draft proposals made so far emphasize the resettlement and reconstruction machinery for the northeast and not the politico administrative structure.  Media reports indicate that the structure proposed will comprise one or two commissioners and district development committees for the rehabilitation activities. As this is likely to be rejected outright by the LTTE, fresh proposals are being drafted around the 13th amendment under which the North east council came into being and is still in existence on paper.

It is ironical that the present UNP government is taking up the 13th amendment seriously now. During the IPKF operations when the LTTE was fairly under control even in their strong holds like Mullaitivu, the then UNP government did its best to undermine the administration of the North East Council and went to the extent of clandestinely arming the LTTE to resist the IPKF. It did not occur to them that the 13th amendment was the best starting point for eventual settlement that would meet the Tamil aspirations.  It is too late now. LTTE is much stronger now and believes that it has attained parity. It is also in control of a vast swathe of land of what is called traditional Tamil homeland. Even the 13th amendment may not be enough as the Tamils assembled in the "Tamil Resurgence” or ‘Pongu Thamil’ day have been asked to demand a "state structure" even for the interim administration!

There are two other serious issues that will have an impact on the peace process- one the systematic elimination of important members of non LTTE groups by suspected LTTE cadres in areas outside the control of LTTE and the continuing efforts of LTTE to stock pile weapons.

Since the ceasefire in 2002 there has been sporadic killings, but after the Tokyo conference the LTTE appears to be in a killing spree. In most of the cases the victims belonging to the EPDP and Varadan’s faction of EPRLF have been selectively targeted. The most serious one was the killing of Subathiran, senior leader of Varada Raja Perumal’s faction in Jaffna on 14th June. A senior member of the EPDP faction was gunned down in Kalladi, Batticolao around the same time.  So far the Norwegian facilitators have been unable to obtain a firm assurance from the LTTE to stop further killings. Unfortunately one of the terms of the ceasefire agreed to, was to disarm the non LTTE cadres and these cadres have thus become vulnerable.

On 14 June, there was a major incident off the coast of Mullaitivu when a suspected weapon carrying tanker MT Shoshin of LTTE with 12 crew members was sunk by the Sri Lankan Navy.  The LTTE’s case was that it was an oil tanker with a specific international flag and that the incident took place in international waters.  The Sri Lankan Navy maintained that the interception was about 100 nautical miles off the coast and the ship did not identify itself.

The Sri Lankan monitoring mission conducted a detailed investigation and while it could not locate the exact site, it came to the conclusion that the LTTE violated the UN Convention on the Law of Seas by not flying an appropriate flag for identification. It had also made certain suggestions to avoid such confrontation in future.

The SLMM for the first time gave a forthright decision and redeemed itself partially after the preposterous suggestion they made some time earlier that the LTTE should be given separate and exclusive space off the coast of Mullaitivu for use by the Sea Tigers.

There is yet no danger of the ceasefire process breaking down. The Sri Lankan Prime minister believes that by involving other international players and getting a large amount of aid for rehabilitation and reconstruction of north east, the LTTE will have a stake in the stability of the peace process. This is true up to a point, but the LTTE cannot be taken for granted when it involves their core objectives 

 

 

 

 

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Last Updated Date: July 15, 2003  - 9.00 GMT.

 


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