Memorandum of Understanding
Agreement on a ceasefire between the
Government of the Democratic Socialist Republic of Sri Lanka and the Liberation
Tigers of Tamil Eelam
The Sunday Times publishes
below the Memorandum of Understanding between the Government and the LTTE
along with its observations on certain clauses
Preamble
The overall objective of the Government of the Democratic Socialist Republic
of Sri Lanka (hereinafter referred to as the GOSL) and the Liberation Tigers
of Tamil Eelam (hereinafter referred to as the LTTE) is to find a negotiated
solution to the ongoing ethnic conflict in Sri Lanka.
The GOSL and the LTTE (hereinafter referred to as the Parties) recognize
the importance of bringing an end to the hostilities and improving the
living conditions for all inhabitants affected by the conflict. Bringing
an end to the hostilities is also seen by the Parties as a means of establishing
a positive atmosphere in which further steps towards negotiations on a
lasting solution can be taken.
The Parties further recognize that groups that are not directly party
to the conflict are also suffering the consequences of it. This is particularly
the case as regards the Muslim population. Therefore, the provisions of
this Agreement regarding the security of civilians and their property apply
to all inhabitants.
With reference to the above, the Parties have agreed to enter into a
ceasefire, refrain from conduct that could undermine the good intentions
or violate the spirit of this Agreement and implement confidence-building
measures as indicated in the articles below.
Article 1: Modalities of a ceasefire
The Parties have agreed to implement a ceasefire between their armed
forces as follows:
1.1 A jointly agreed ceasefire between the GOSL and the LTTE shall enter
into force on such date as is notified by the Norwegian Minister of Foreign
Affairs in accordance with Article 4.2, hereinafter referred to as D-day.
Military operations
1.2 Neither Party shall engage in any offensive military operation. This
requires the total cessation of all military action and includes, but is
not limited to, such acts as:
a) The firing of direct and indirect weapons, armed raids, ambushes,
assassinations, abductions, destruction of civilian or military property,
sabotage, suicide missions and activities by deep penetration units;
• The Sunday Times observation to 1.2 (a)
The issue of child soldiers and forced conscription by the LTTE is covered
in a more vague clause to include the banning of 'abductions'.
The banning of assassinations and suicide missions is aimed at the
LTTE going after Government and opposition VIPs, and the banning of deep
penetration units is aimed at the Army going after LTTE VIPs.
b) Aerial bombardment;
c) Offensive naval operations.
1.3 The Sri Lankan armed forces shall continue to perform their legitimate
task of safeguarding the sovereignty and territorial integrity of Sri Lanka
without engaging in offensive operations against the LTTE.
• ST observation to 1.3
1.3 - This clause was primarily introduced to cover the unloading of
arms by sea by the LTTE but does not permit the Sri Lankan Navy intercepting
LTTE Sea Tiger boats,
Read with 1.2 (b) above it specifically prevents Air Force Bombings
of many LTTE arms shipments within Sri Lanka's territorial waters.
The Government intends issuing a separate statement saying it will
have the powers to intercept LTTE boats bringing in arms to Sri Lanka -
but this statement will be 'dehors' (outside the law) . It will not be
a codicile (read with the text of the agreement) because it is not supplementary,
but a contradiction of 1.3.
It is interesting to note that the LTTE has not accepted the principle
of Sri Lankan sovereignty and the right of armed forces of Sri Lanka execising
its rights to defend the Nation especially at sea.
Separation of forces
1.4 Where forward defence localities have been established, the GOSL's
armed forces and the LTTE's fighting formations shall hold their ground
positions, maintaining a zone of separation of a minimum of six hundred
(600) metres. However, each Party reserves the right of movement within
one hundred (100) metres of its own defence localities, keeping an absolute
minimum distance of four hundred (400) metres between them. Where existing
positions are closer than four hundred (400) metres, no such right of movement
applies and the Parties agree to ensure the maximum possible distance between
their personnel.
1.5 In areas where localities have not been clearly established, the
status quo as regards the areas controlled by the GOSL and the LTTE, respectively,
on 24 December 2001 shall continue to apply pending such demarcation as
is provided in article 1.6.
1.6 The Parties shall provide information to the Sri Lanka Monitoring
Mission (SLMM) regarding defence localities in all areas of contention,
cf. Article 3. The monitoring mission shall assist the Parties in drawing
up demarcation lines at the latest by D-day + 30.
•ST observation to 1.5 & 1.6
The Monitoring Committee which will be headed by Norway will have the
powers of "drawing up demarcation lines" where there is contention - Norway
will draw lines as to which areas belong to the GOSL (Government of Sri
Lanka) and which to the LTTE. The creation of "LOC"s (Line of Controls)
like in kashmir.
1.7 The Parties shall not move munitions, explosives or military equipment
into the area controlled by the other Party.
1.8 Tamil paramilitary groups shall be disarmed by the GOSL by D-day
+ 30 at the latest. The GOSL shall offer to integrate individuals in these
units under the command and disciplinary structure of the GOSL armed forces
for service away from the Northern and Eastern Province.
• ST observation to 1.8
EPDP, TELO, EPRLF and PLOTE will be dis armed within 30 days. They may
join the Sri Lanka Armed Forces to serve outside the North and East.
The LTTE will remain the only armed Tamil group in the North &
East effectively eliminating their Tamil rivals with this agreement. Currently
the islets of Delft and Kayts off Jaffna are controlled by EPDP
Freedom of movement
1.9 The Parties' forces shall initially stay in the areas under their respective
control, as provided in Article 1.4 and Article 1.5.
1.10 Unarmed GOSL troops shall, as of D- day + 60, be permitted unlimited
passage between Jaffna and Vavuniya using the Jaffna-Kandy road (A9). The
modalities are to be worked out by the Parties with the assistance of the
SLMM.
1.11 The Parties agree that as of D-day individual combatants shall,
on the recommendation of their area commander, be permitted, unarmed and
in plain clothes, to visit family and friends residing in areas under the
control of the other Party. Such visits shall be limited to six days every
second month, not including the time of travel by the shortest applicable
route. The LTTE shall facilitate the use of the Jaffna-Kandy road for this
purpose. The Parties reserve the right to deny entry to specified military
areas.
1.12 The Parties agree that as of D-day individual combatants shall,
notwithstanding the two-month restriction, be permitted, unarmed and in
plain clothes, to visit immediate family (i.e. spouses, children, grandparents,
parents and siblings) in connection with weddings or funerals. The right
to deny entry to specified military areas applies.
1.13 Fifty (50) unarmed LTTE members shall as of D-day + 30, for the
purpose of political work, be permitted freedom of movement in the areas
of the North and the East dominated by the GOSL. Additional 100 unarmed
LTTE members shall be permitted freedom of movement as of D-day + 60. As
of D-day + 90, all unarmed LTTE members shall be permitted freedom of movement
in the North and the East. The LTTE members shall carry identity papers.
The right of the GOSL to deny entry to specified military areas applies.
• ST observation to 1.11 & 1.12 & 1.13
References to "Specified military areas" are not specified.
Within three months all LTTE cadres will be permitted freedom of
movement in the entire North & East provided they are un-armed .
They will be permitted to engage in political work.
Article 2: Measures to restore normalcy
The Parties shall undertake the following confidence-building measures
with the aim of restoring normalcy for all inhabitants of Sri Lanka:
2.1 The Parties shall in accordance with international law abstain from
hostile acts against the civilian population, including such acts as torture,
intimidation, abduction, extortion and harassment.
• ST observation to 2.1
The LTTE will be debarred from extortion-a common complaint of the Muslims
in the East
2.2 The Parties shall refrain from engaging in activities or propagating
ideas that could offend cultural or religious sensitivities. Places of
worship (temples, churches, mosques and other holy sites, etc.) currently
held by the forces of either of the Parties shall be vacated by D-day +
30 and made accessible to the public. Places of worship which are situated
in "high security zones" shall be vacated by all armed personnel and maintained
in good order by civilian workers, even when they are not made accessible
to the public.
2.3 Beginning on the date on which this Agreement enters into force,
school buildings occupied by either Party shall be vacated and returned
to their intended use. This activity shall be completed by D-day + 160
at the latest.
• ST observation to 2.3
Government Forces will have to vacate school buildings etc. within five
months- in effect, a de-militarisation of Jaffna Peninsula under government
control. The LTTE will also have to vacate schools they occupy.
2.4 A schedule indicating the return of all other public buildings to
their intended use shall be drawn up by the Parties and published at the
latest by D-day + 30.
2.5 The Parties shall review the security measures and the set-up of
checkpoints, particularly in densely populated cities and towns, in order
to introduce systems that will prevent harassment of the civilian population.
Such systems shall be in place from D-day + 60.
2.6 The Parties agree to ensure the unimpeded flow of non-military goods
to and from the LTTE-dominated areas with the exception of certain items
as shown in Annex A. Quantities shall be determined by market demand. The
GOSL shall regularly review the matter with the aim of gradually removing
any remaining restrictions on non-military goods.
• ST observation to 2.6
LTTE will have ready availability of ...... ( See Annex A for list)
2.7 In order to facilitate the flow of goods and the movement of civilians,
the Parties agree to establish checkpoints on their line of control at
such locations as are specified in Annex B.
2.8 The Parties shall take steps to ensure that the Trincomalee-Habarana
road remains open on a 24-hour basis for passenger traffic with effect
from D-day + 10.
2.9 The Parties shall facilitate the extension of the rail service on
the Batticaloa-line to Welikanda. Repairs and maintenance shall be carried
out by the GOSL in order to extend the service up to Batticaloa.
2.10 The Parties shall open the Kandy-Jaffna road (A9) to non-military
traffic of goods and passengers. Specific modalities shall be worked out
by the Parties with the assistance of the Royal Norwegian Government by
D-day + 30 at the latest.
• ST observation to 2.10
LTTE will open the A 9 highway to un-armed soldiers and to enable a
free flow of economic goods to areas under their control.
2.11 A gradual easing of the fishing restrictions shall take place starting
from D-day. As of D-day + 90, all restrictions on day and night fishing
shall be removed, subject to the following exceptions:
• ST observation to 2.11
All restrictions on fishing ( day & night) to be removed in 90 days.The
monitors will maintain a presence in the districts of Jaffna, Mannar, Vavuniya,
Trincomalee, Batticaloa and Ampara ensuring the LTTE does not get too close
to Government Security Forces bases.
(i) fishing will not be permitted within an area of 1 nautical mile
on either side along the coast and two nautical miles seawards from all
security forces camps on the coast; (ii) fishing will not be permitted
in harbours or approaches to harbours, bays estuaries along the coast.
2.12 The Parties agree that search operations and arrests under the
Prevention of Terrorism Act shall not take place. Arrests shall be conducted
under due process of law in accordance with the Criminal Procedure Code.
• ST observation to 2.12
LTTE members will not be arrested under the special law of Prevention
of Terrorism Act (PTA), but under the normal law of the Criminal Procedure
Code (CPC).
2.13 The Parties agree to provide family members of detainees access
to the detainees within D-day + 30.
Article 3 : The Sri Lanka Monitoring Mission.
The Parties have agreed to set up an international monitoring mission to
enquire into any instance of violation of the terms and conditions of this
Agreement. Both Parties shall fully cooperate to rectify any matter of
conflict caused by their respective sides. The mission shall conduct international
verification through on-side monitoring of the fulfilment of the commitments
entered into this agreement as follows:
3.1 The name of the monitoring mission shall be the Sri Lankan Monitoring
Mission (hereinafter referred to as the SLMM)
3.2 Subject to acceptance by the Parties, the Royal Norwegian Government
(hereinafter referred to as the RNG) shall appoint the Head of the SLMM
(hereinafter referred to as the HoM), who shall be the final authority
regarding interpretation of this Agreement.
• ST observation to 3.2
Norway -in effect- will be the 'final authority' on any dispute btween
Sri Lanka's government and the LTTE.
This 'final authority' on the interpretation of the agreement will
be in the absence of an interpretation section to the agreement.
3.3 The SLMM shall liaise with the Parties and report to the RNG.
3.4 The HoM shall decide the date for the commencement of the SLMM's
operations.
3.5 The SLMM shall be composed of representatives from Nordic countries.
3.6 The SLMM shall establish a headquarters in such place as the HoM
finds appropriate. An office shall be established in Colombo and in Wanni
in order to liaise with the GOSL and the LTTE, respectively. The SLMM will
maintain a presence in the districts of Jaffna, Mannar, Vavuniya, Trincomalee,
Batticaloa and Ampara.
3.7 A local monitoring committee shall be established in Jaffna, Mannar,
Vavuniya, Trincomalee, Batticaloa and Ampara. Each committee shall consist
of five members, two appointed by the GOSL, two by the LTTE and one international
monitor appointed by the HoM. The international monitor shall chair the
committee. The GOSL and the LTTE appointees may be selected from among
retired judges, public servants, religious leaders or similar leading citizens.
• ST observation to 3.7
A local monitoring committee (both GOSL and LTTE members included) will
be established in Jaffna, Mannar, Vauvniya, Trincomalee, Batticaloa and
Ampara — but significantly not in Mullaitivu and Killinochchi, LTTE strongholds.
3.8 The committees shall serve the SLMM in an advisory capacity and
discuss issues relating to the implementation of this Agreement in their
respective districts, with a view to establishing a common understanding
of such issues. In particular, they will seek to resolve any dispute concerning
the implementation of this Agreement at the lowest possible level.
3.9 The Parties shall be responsible for the appropriate protection
of and security arrangements for all SLMM members.
3.10 The Parties agree to ensure the freedom of movement of the SLMM
members in performing their tasks. The members of the SLMM shall be given
immediate access to areas where violations of the Agreement are alleged
to have taken place. The Parties also agree to facilitate the widest possible
access to such areas for the local members of the six above-mentioned committees,
cf. Article 3.7.
3.11 It shall be the responsibility of the SLMM to take immediate action
on any complaints made by either Party to the Agreement, and to enquire
into and assist the Parties in the settlement of any dispute that might
arise in connection with such complaints.
3.12 With the aim of resolving disputes at the lowest possible level,
communication shall be established between commanders of the GOSL armed
forces and the LTTE area leaders to enable them to resolve problems in
the conflict zones.
3.13 Guidelines for the operations of the SLMM shall be established
in a separate document.
Article 4: Entry into force, amendments and termination of
the Agreement
4.1 Each Party shall notify its consent to be bound by this Agreement through
a letter to the Norwegian Minister of Foreign Affairs signed by Prime Minister
Ranil Wickremesinghe on behalf of the GOSL and by leader Velupillai Prabhakaran
on behalf of the LTTE, respectively. The Agreement shall be initialled
by each Party and enclosed in the above-mentioned letter.
4.2 The Agreement shall enter into force on such date as is notified
by the Norwegian Minister of Foreign Affairs.
4.3 This Agreement may be amended and modified by mutual agreement of
both Parties. Such amendments shall be notified in writing to the RNG.
4.4 This Agreement shall remain in force until notice of termination
is given by either Party to the RNG. Such notice shall be given fourteen
(14) days in advance of the effective date of termination.
Annex A : List of goods
Annex B : Checkpoints
ANNEX A
The parties agree to ensure the flow of non-military goods to and from
LTTE dominated areas of the Northern and Eastern Province, as well as unimpeded
flow of such goods to the civilian population in these areas. Non military
goods not covered by article 2.6 in the Agreement are listed below:
- Non military arms/ammunition
- Explosives
- Remote control devices
- Barbed wire
- Binoculars/Telescopes
- Compasses
- Penlight batteries
Diesel, petrol, cement and iron rods will be restricted in accordance
with the following procedures and quantities:
- Diesel and Petrol
The Government Agents (GA) will register available vehicles; tractors
and motorcycles in the LTTE controlled areas. The GA will calculate the
required weekly amount of diesel and petrol based on the following estimate:
Trucks/Buses 250 litre/week
4 Wheels tractor 310 litre/week
2 wheel tractor 40 litre/week
Petrol vehicle 30 litre/week
Motorcycles 7 litre/week
Fishing vessels 400 litre/week
- Cement
Cement required for rehabilitation and reconstruction of Government
property; registered co-operatives; or approved housing projects implemented
by the GOSL and international NGOs and more affluent members of the society;
will be brought in directly by relevant institutions under licences issued
by Government Agents. The GA shall stipulate the monthly quantities permitted
for such project based upon planned and reported progress.
Cement required for individual shops/constructions/house owners/rehabilitations-initiatives
will be made available through the co-operations on a commercial basis.
The monthly import for this purpose will be limited to 5000 bags during
the first month and thereafter 10,000 bags/month. Individual sales by the
co-operatives will be registered and limited to 25 bags per household.
- Iron Rods
Iron rods for building constructions will be brought in to the LTTE
controlled areas under licences issued by the GA.
A monthly reassessment will be made to assess the possibilities of removal
of the above restrictions.
ANNEX B
Checkpoints agreed in 2.7 are as follows:
- Mandur
- Paddirupur
- Kaludaveli Ferry Point
- Ambalantivu Ferry Point
- Mamunal Ferry Point
- Vanvunateevu
- Santhiveli Boat Point
- Black Bridge
- Sitandy Boat Point
- Kiran Bridge
- Kinniyadi Boat Point
- Valachenai
- Makerni
- Mahindapura
- Muttur
- Ugilankulam
- Omanthai |
