Who is the third ‘armed element?’

"Armed elements - not recognized by any of the Parties - operating in LTTE or GOSL controlled areas, represent a serious threat to the Peace Process. Hence, SLMM urges the Parties to find, disarm and arrest such elements."

That grim warning comes from retired Major General Tryggve Tellefson, head of the Sri Lanka Monitoring Mission. He wants both the Liberation Tigers of Tamil Eelam (LTTE) and the Government of Sri Lanka (GOSL) to "find, disarm and arrest" such "armed elements."

If a section of the ruling United National Front (UNF) Government felt those expressing views that run counter to their own were threats to the peace process, here is the chief "neutral umpire" monitoring the Ceasefire Agreement warning of a similar threat from hitherto unknown, mysterious "armed elements." One myth is no different to the other.
One need hardly debate whether the bold assertions of the retired Norwegian Army General, known to be experienced in peacekeeping operations, are fact or fiction. Both, a pious peacenik and a rabid warmonger would agree without question. There are no "armed elements," men or women, in Sri Lanka with a sea going force, stocked with machine guns, assault rifles and explosive charges to sink fishing trawlers and kill their crews.

Of course, this is with the exception of the Sri Lanka Navy and the LTTE's own naval arm, the Sea Tigers. In the history of the separatist war, from its formative stages, no other armed group ever developed a naval capability. Ask any Policeman and he will tell you that in post-independent Sri Lanka, no seafaring criminal gangs have used machine guns and explosive charges to attack fishing trawlers in the deep seas.
Why then did Maj. Gen. (retd) Tellefsen, who served as Commander of the Multinational Force and Observers (MFO) - the peacekeeping force that oversees the security arrangements in the Treaty of Peace between Egypt and Israel - from April 1997 to March 2001, issue that frightening warning? By doing so, has he not placed his own but also the credibility of the SLMM to test in the eyes of the Sri Lankan public?

Remarks by him and the SLMM in this regard raise questions on what is fact and what is fiction. The SLMM issued a Press Release on "Recent Violent Incidents in Sri Lankan Waters - Prevention of Future Incidents" on April 3. One related to the attack by "three to eight unidentified fast moving boats with many engines at 4 a.m. on March 20, some 17 nautical miles off Mullaitivu" of Chinese trawler Fu Yuan Ya 225. Seventeen crew members, 15 Chinese nationals and two Sri Lankans, were feared killed. Nine others survived.

Commenting on "armed elements" the press release says "Furthermore, SLMM cannot rule out the possibility that armed elements - not recognized by the parties - are operating in the Government or LTTE controlled areas." It goes on to add "SLMM wants to state very clearly that it is not pointing at specific political parties or groups known to the Government and the LTTE at this time. In fact, representatives of both the Government of Sri Lanka and the LTTE have stated very clearly to SLMM that they "do not know of anyone in Sri Lanka, except the SLN and the LTTE that is capable of conducting an attack like the one that was made on the Chinese trawler."

In this context, the SLMM Press Release says, "it is worth noting historical experience of post-conflict situations where extremist individuals break away from the peaceful course set out by their responsible leadership." Therefore, the SLMM says "The Government of Sri Lanka and the LTTE leadership share the responsibility of identifying such elements in order to protect the Ceasefire …"

If one is to go by the SLMM's Press Release, which is a public statement, "extremist individuals" who break away from the "peaceful course set out" by their leadership would have to be identified to "protect the Ceasefire…." It would have to be either from the Government ranks or the LTTE. In either case, if one is to go by previous ceasefire agreements or cessation of hostilities, no break away group from either side are known to have precipitated any such situation. Not once. Moreover, the LTTE's ruthless code of conduct does not tolerate any dissent. Breakaway groups do not find themselves free enough to move around in boats with machine guns and explosive charges, leave alone shooting crews and sinking fishing trawlers. Such dissident activity in any area dominated by the Tiger guerrillas are not heard of.

That is on the SLMM's Press Release. A four-page report titled "SLMM FINAL REPORT ON THE SINKING OF A CHINESE TRAWLER NORTH EAST OF MULLAITIVU ON THE 20TH OF MARCH 03," (dated March 28) sent to Bernard Goonetilleke, Director General of the Secretariat Co-ordinating the Peace Process (SCOPP), by Maj. Gen. Tellefsen, has made the following recommendation:
"Armed elements - not recognized by any of the Parties - operating in LTTE or GOSL controlled areas, represent a serious threat to the Peace Process. Hence, SLMM urges the Parties to find, disarm and arrest such elements."

Either wittingly, or unwittingly, Maj. Gen. Tellefson has committed a grave error though it seems highly unlikely the UNF Government, with a supine approach to the peace process lest they offend the LTTE, will raise issue over the matter. The SLMM Chief seems to believe that the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam are equal sovereign entities when he declares that both disarm and arrest anyone. Such a declaration, even before core issues have been discussed, leave alone being resolved, does raise pertinent issues.

A copy of the same four page report, The Sunday Times learnt, has been made available to LTTE. In that, Maj. Gen. Tellefsen notes, among other conclusions, that the SLMM has "not found any proof that one of the Parties to the CFA is responsible for the attack, and due (sic) the Parties' denial of any involvement, the attackers must be criminal elements operating on their own."

The incident involving the Chinese fishing trawler is not the only one that has prompted the SLMM to declare the involvement of other "armed elements." This "judgment" also applied to the March 31 attack on the troop transport ship "Lanka Muditha" leaving the feeling that similar incidents in the future, upon denial of involvement by either the Government or the LTTE, may be blamed by the SLMM on other "armed elements."

However, in the case of the "Lanka Muditha" incident, though the LTTE was accused, a top level internal inquiry has failed to come up with any conclusive evidence. This has raised serious doubts whether an attack did occur since eye witnesses questioned have failed to provide any conclusive information to confirm there was an attack. Nor is there any evidence from any eye witnesses to confirm that a boat with armed men, suspected to be attackers, was in fact sunk. The likelihood of a misfire ricocheting to cause shrapnel wounds on two commandos is not being ruled out. A third commando, who was also on the deck, had been injured as a result of a fall. The likelihood of this triggering off fears of an attack is not being ruled out.

If as claimed, there was outside fire, more of the 1700 soldiers on deck would have been injured. On the other hand, troops on board had fired fifty calibre, Light Machine Guns and small arms fearing there was an attack resulting in chaos and confusion. A debrief of soldiers on board has not turned up any evidence to positively establish that there in fact was an attack by Tiger guerrillas. The matter is now being further probed.

Nowhere is this new trend of outside "armed elements" being accused reflected with more resentment than in the Sri Lanka Navy. Senior Navy officials have raised issue with their Commander, Vice Admiral Daya Sandagiri, on what happens if a patrol detects a shipload or boatload of weapons belonging to the LTTE in the north eastern high seas. If the LTTE were to formally disown the cargo is not theirs, the blame would naturally go to other "armed elements."

The task for the Sri Lanka Navy would thereafter shift from preventing the smuggling in of military hardware (for a higher intensity conflict) to tracking down the mythical "armed elements." Would that not make the Navy helpless and allow free passage to those who want to smuggle more sophisticated military hardware? Would the UNF Government shy off from raising issue for fear of offending the LTTE? The issue is being raised in the national interest and should not be viewed as anti-peace or offending the sensitivities of the UNF's peace lovers.

This scenario assumes greater importance in view of tripartite talks among Government, LTTE and SLMM delegations on April 24. This is to formulate modalities related to the working of the Ceasefire Agreement at sea. Whilst ascertaining that such modalities ensure the peace process is not disrupted by incidents at sea, there are several other significant aspects the Government would have to be mindful about. They include the existing law of the sea, the appointment of monitors conversant with maritime matters and more importantly not compromise the legitimate role of the Navy.

It will also become equally important that measures are in place to ensure Sri Lanka's friendly and cordial relations with other countries are in no way compromised. The fishing trawler incident drew a strong protest from the Government of the People's Republic of China whose nationals were killed or injured. China has remained Sri Lanka's number one supplier of military hardware and even the UNF has now turned to Beijing in the recent weeks for much needed help. Another is neighbouring India.

The SLMM reference to "armed elements" also had an unexpected reaction. It was wrongly construed in sections of Colombo's diplomatic community to be a reference to groups backed by India. Many raised questions from diplomats in the Indian High Commission. Some Colombo based diplomats also asked me whether the references were veiled hints of a possible irritant by Indian backed elements to sabotage the peace process, a far cry, which, needless to say, would come as embarrassment for both the Governments of Sri Lanka and Norway that is facilitating the peace process. Both Governments are keen to keep New Delhi fully briefed of all matters related to the peace process.

These developments come at a most inappropriate time. Tomorrow, President Chandrika Bandaranaike Kumaratunga and her international affairs advisor, former Foreign Minister, Lakshman Kadirgamar, fly to India for talks with Indian leaders.
The Sunday Times learns that the visit follows an invitation extended by India. President Kumaratunga is expected to meet Indian President Abdul Kalam and hold talks with Indian Prime Minister Atal Behari Vajpayee and other leaders including those in the Opposition.

Minister Milinda Moragoda, a member of the Government's peace negotiating team, has flown to New Delhi at the end of every round of peace talks to brief leaders in New Delhi. Diplomatic sources say Premier Vajpayee will express his support to the peace process and impress upon her the need for the People's Alliance to extend their co-operation. On the other hand, President Kumaratunga is also seizing the opportunity to explain to Indian leaders the serious concerns entertained by the PA. Whilst stressing that being the initiator of the Norwegian peace process for which she would give her continued support, the President is also expected to explain the difficulties placed in her and the PA's way by the UNF Government.

Another matter President Kumaratunga is likely outline is the ongoing dialogue between the People's Alliance and the Janatha Vimukthi Peramuna for a common front. This is in the context of the ongoing peace process and to re-iterate her policy of continuing the peace talks should such a common front come to power at a future election.

The SLMM's approach to incidents at sea has been subjective in that their concern is to prevent any disruption to the peace process. But what they overlook and indeed what is of paramount importance is the relevance of these incidents to the sovereignty and territorial integrity of Sri Lanka. Without question, it is the Sri Lanka Navy and the Security Forces that is entrusted with that task. This should not be compromised by any other regulatory measures to assuage petty political expediency.

Considering the SLMM's assertions about a rogue element as the perpetrators of the Chinese fishing trawler incident, then it is all the more reason why the hand of the Sri Lanka Navy should be strengthened to face or to counter this new threat. That is another aspect that should receive the attention of the UNF Government if indeed the SLMM insists its warning is correct.

Meanwhile the Government's move to conduct a non-binding national referendum to seek a broader public endorsement of the ongoing peace process has drawn an angry response from the LTTE. The Government move was announced by their chief peace negotiator, Prof. G.L. Peiris, at a news conference on Thursday.

The same evening, Prof. Peiris' counterpart, Anton Balasingham, responded with a statement to the Sudar Oli, the Colombo based Tamil language daily. He said the Tigers were surprised and disappointed to hear the Government's announcement.
"This is not an appropriate time to have a referendum. Prof. Peiris did mention this earlier. I then told him clearly that this will not be possible right now," Mr. Balasingham was quoted as telling the newspaper.

The report added: "The Tamil side will not welcome such a move for a referendum, because more than one million people are living out of the country and there are thousands of IDPs (internally displaced persons). So this referendum would not be a fair one and will not show up a reasonable decision, he added.

"We have not come up yet with any permanent solution to the ethnic conflict. We have yet to discuss the core basic issues deeply. We have only agreed for a federal framework. So there is no point in conducting a referendum at this stage without discussing the federal model deeply and how power will be shared."

That not only lays to rest any Government move for a referendum but also re-iterates the LTTE's present position vis-à-vis the ongoing peace talks - a federal model and how power will be shared will have to be discussed deeply.

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