Positive signs and problems over proposals
Instead of a direct flight
by helicopter, an aging Sri Lanka Air Force (SLAF) Harbin Y-12 aircraft
took him first from Ratmalana to the Palaly airbase in Jaffna. Later,
Norway's Special Envoy, Jon Westborg was driven to Tiger guerrilla
controlled Wanni on Thursday, July 17.
The two hour
journey ended at the newly built Peace Secretariat in Kilinochchi.
He pulled out a four page document from his brief case. When he
handed it over to S.P. Tamilselvan, leader of the Political Wing
of the Liberation Tigers of Tamil Eelam (LTTE), the latter seemed
aware. There was no discussion on its contents. In the brief exchange
of words that followed, he asked Mr.Westborg to return to the same
venue four days later.
That was how
three weeks of consultations between the United National Front and
the veteran diplomat ended. He had also remained in touch with the
LTTE. Mr Westborg is one of a handful of diplomats closely associated
with Norway's peace facilitation, first begun over a decade ago.
In the latest effort to re start the stalled peace talks, he had
delivered a "Discussion Document." It contained proposals
including the establishment of a Provisional Administrative Council.
They sought
to meet the new LTTE demands. Forming the basis of the three week
long exercise by Mr Westborg was a working paper given to him by
the UNF. After he had knocked it into final shape, the special envoy
met them again to reach finality. That was on Monday July 14, just
three days before he handed over the proposals to Mr Tamilselvan.
Joining him
in the meeting were Prime Minister, Ranil Wickremesinghe, UNF negotiators
Prof. G.L. Peiris, Milinda Moragoda and Bradman Weerakoon, the Prime
Minister's Secretary, the most favoured to succeed Bernard Gunatilleke
as head of SCOPP (Secretariat for Co-ordinating the Peace Process).
The latter
has already relinquished office. He has returned to China to complete
his term as Sri Lanka's Ambassador there next month. He will return
to Colombo thereafter to assume office as Foreign Secretary. If
Mr. Gunatilleke was not favoured by the LTTE as the head of SCOPP,
Mr. Weerakoon's impending appointment is being welcomed by them.
An important
issue Mr. Westborg raised at this meeting, The Sunday Times learnt,
was whether the line - except the area of police and security, land
and revenue - should remain in the Discussion Document in a clause
relating to powers and functions of the proposed Provincial Administrative
Council.
The inclusion
of such a provision, at least in legal terms, meant the Tiger guerrillas
were not empowered to deal with four distinct subjects - have a
police force, security arms (ground and maritime forces), deal with
matters relating to land and generate revenue from various sources.
Hence, the Norwegian Special Envoy wanted to make sure. Premier
Wickremasinghe, like his two Ministers in the negotiating team,
was insistent that the provision excluding these four subjects should
remain.
To expect the
LTTE to give up its police, ground and sea going forces, make no
claims to land they are dominating and to stop generating revenue
through their various means of "taxation" tantamount to
nothing more than a ludicrous call to them to surrender. That is
notwithstanding the military might they had further re-inforced
in the 17 month long ceasefire. Why then was such a provision, almost
sure to provoke a rejection of the proposals, included?
It appears
to be a two pronged ploy - (1) to placate the increasingly restless
south (2) at the same time get the LTTE to overlook the issue, at
least momentarily. That appears to be precisely what the LTTE is
doing. Their team of legal experts are now making a study of the
Discussion Document. If that is a forward movement, LTTE sources
say the conclusion of this study may lead to guerrillas seeking
clarification or elaboration on some aspects. This will be a prelude
to the resumption of talks.
More positive
signs in this regard emerged when Mr Westborg visited Kilinochchi
last Tuesday (July 22) in response to Mr. Tamilselvan's request.
The subject was logistics. The guerrilla political wing leader who
is unable to obtain a visa to travel to UK (since the LTTE remains
a banned group there) wants to proceed to a Scandinavian country.
There he wants to meet advisors put together from other countries
to further discuss the contents of the Discussion Paper.
In a significant
development, LTTE's Chief Negotiator, Anton Balasingham, reliable
sources in Wanni say, has declined LTTE requests to comment to them
on the recent proposals or be available for such a meeting. This
has fuelled speculation that Mr.Tamilselvan will lead the LTTE in
any future talks with the Government.
Sweden is most
likely to be the venue. The successful conclusion of this process,
said to last at least six weeks, may see the resumption of peace
talks, possibly in the Norwegian capital of Oslo.
In another
development, Mr. Tamilselvam is to fly this weekend to Batticaloa
for a meeting with Muralitharan Vinayagamoorthy alias Karuna, the
Batticaloa Military Wing leader, who is also a member of the LTTE
negotiating team. The Government is to make available a SLAF helicopter
for the journey from Wanni.
In this backdrop,
the exclusive revelation by The Sunday Times last week of the Discussion
Document has triggered off yet another crisis between the UNF and
the Sri Lanka Freedom Party (SLFP). The report came up for discussion
at a scheduled meeting of the Central Committee at the Janadipathi
Mandiraya last Monday evening.
Before that
event, by Monday afternoon, Presidential aides had discovered a
glaring discrepancy. A letter that had arrived at the Janadipathi
Mandiraya on Saturday (July 19) had been opened only on Monday by
the staff contained a letter from Prime Minister Ranil Wickremasinghe
(dated July 18). It was accompanied by a four page document titled
PROVINCIAL ADMINISTRATIVE STRUCTURE FOR THE NORTHERN AND EASTERN
PROVINCES - PROPOSALS FOR DISCUSSION. (See box story on this page
for full text).
In his letter Premier Wickremasinghe had said:
Your Excellency
I enclose herewith for your information the text of the document
we have requested to be conveyed to the LTTE by the Norwegian Facilitator.
It provides a framework for discussion with the LTTE and is not
intended to constitute a final set of proposals.
We have indicated
to H.E. Jon Westborg that the document will be treated as confidential
by us, and we have been informed by the Special Envoy that this
has been conveyed to the LTTE who have stated that they too will
not release the contents of it to the media until some agreement
has been reached between the parties."
The four page
document received by President Kumaratunga was different from what
was exclusively revealed by The Sunday Times last week. The most
significant difference was the exclusion of the line "except
the area of police and security; land; and revenue" In other
words, the proposed Provincial Administrative Council was excluded
from exercising controls on these four aspects. But in the Discussion
Document sent to the LTTE, such a provision existed and the LTTE
was denied from exercising any legislative or executive control
on these four areas. Paradoxically the text sent to the LTTE had
therefore had safeguards beneficial to the Government. But not in
the draft sent to President Kumaratunga.
Which is the
correct version? The debate figured prominently at Monday's night's
Central Committee meeting. Many questions were raised. Among them
- Were the proposals contained in The Sunday Times report an earlier
version updated later with the one sent to the President? Was that
sent secretly after the LTTE rejected the former? The Committee
decided to issue an official statement raising several issues.
With some reports
of the Central Committee meeting trickling down to the media by
Tuesday, a national guessing game began. There were conspiracy theories
of many sorts. When President Kumaratunga called off plans to address
the nation last Wednesday (July 23) night, reports claimed this
was because of the confusion over the proposals sent to the LTTE.
There was no such thing.
The address
was to focus on an apology to the Tamil community for the loss of
life and indignities they suffered during the July 1983 ethnic violence.
That Wednesday was the 20th anniversary of the event. The speech
could not be put to final shape on time and the event was called
off.
All wild speculation
was put to rest on Thursday when UNF's Chief Negotiator, Prof. G.
L. Peiris told his weekly news conference the document published
in The Sunday Times was the one the Norwegian facilitator handed
over to the LTTE in Kilinochchi. "That is the complete text.
There is nothing else. It has not been added to or modified in any
way," he asserted.
He disclosed
that the Government had handed over to Norwegian Special Envoy Jon
Westborg a set of proposals as a basis of discussion with the LTTE
about a provisional administrative structure.
"There
were several discussions between the Government and Norwegian facilitator
in respect of this document. He asked several questions, sought
clarification. We gave answers to those questions and the Government
then asked the facilitator to prepare his own document - the Norwegian
document incorporating the thinking and the proposals of the Government
of Sri Lanka," Prof. Peiris said.
He added; "The
Norwegian facilitator then made his draft available to us, and the
Government endorsed that draft. We said that was an accurate description
of the proposals we had made to the Norwegian facilitator. That
is the document His Excellency Jon Westborg took to Kilinochchi
last Thursday and handed over to Mr. Tamilselvan. That is the document
that appeared in a Sunday newspaper (The Sunday Times).
Prof. Peiris
also asserted "the document that the Government prepared and
handed over to the Norwegian facilitator, was previous to that,
and not subsequent to that. I want to make that very clear. The
document we prepared …… was before the preparation of
the Norwegian document which was handed over to the LTTE.
Nothing was
prepared and nothing was changed after that….. That is the
only document in the hands of the LTTE….. that is the document
that is being considered by the LTTE…" Until The Sunday
Times revealed it exclusively last week, the Discussion Document
has remained a top secret. So much so even Minister Milinda Moragoda,
a member of the Government's negotiating team confessed to a confidante
he had read all the details of the proposals only in The Sunday
Times. Needless to say the revelations caught the UNF on the wrong
foot. Its leaders were badly embarrassed.
"If The
Sunday Times had not published the proposals, even the Cabinet,
let alone the public, would not have known the substance on such
a critical issue," former Foreign Minister and International
Affairs Advisor to President Chandrika Bandaranaike Kumaratunga
told a news conference on Friday. He asked why the President was
sent an outdated document when the Government was seeking her co-operation
for the peace effort.
He said he had
to read The Sunday Times to learn that the PA had a place in the
proposed Provisional Administrative Councial. The Sunday Times has
learnt that the document sent to President Kumaratunga is the working
paper handed over to special envoy Jon Westborg to form the basis
of his three week long consultations. It is only thereafter that
he formulated the Discussion Document, obtained the approval of
UNF leaders and handed it over to Mr. Tamilselvan. Why this initial
document almost a month old was sent to President Kumaratunga remains
a mystery.
The Sunday
Times has also learnt that special envoy Jon Westborg was unaware
such a document has been sent to the President. He is learnt to
have said so to a high ranking western diplomat and added that he
only learnt that the Government had written to President Kumaratunga.
That was last Thursday (July 18) night.
Speculation
as to why the UNF Government sent President Kumaratunga a belated
document will continue until the former makes a clear explanation.
If such an explanation is not convincing enough, leave alone the
People's Alliance but the public at large will also continue to
speculate further. That will be the dilemma for a Government struggling
to keep the peace process intact at any cost.
The
document sent to the President
Here is the full text of the document titled "Provincial
Administrative Structure for the Northern and Eastern Provinces"
sent to President Chandrika Bandaranaike Kumaratunga by Prime
Minister, Ranil Wickremesinghe. It was accompanied by the
Premier's letter dated July 18.
Provincial
Administrative Council
It is proposed that a body called the Provisional Administrative
Council for the Northern and Eastern Provinces (“Council”)
will be set up for the administration of the Northern and
Eastern Provinces.
The Council shall consist of such number of members as may
be determined by the parties. The composition of the Council
shall consist of the following:-
a) Members nominated by the Government of Sri Lanka (GOSL),
which will include the nominees of the Peoples Alliance
b) Members nominated by the Liberation Tigers of Tamil Eelam
(LTTE)
c) Members nominated by the Sri Lanka Muslim Congress (SLMC)
The number of members will be determined to ensure:-
i) A majority of the LTTE in the Council
ii) Subject to (i) above, the Muslim and Sinhala Communities
will have weighted representation.
Co-chair
There shall be two Chairmen, one representing the LTTE and
the other the GOSL selected from amongst members of the Council.
Each Chairman shall have the right to veto any proposal brought
before the Council.
In the alternative any decision of the Council which affects
either the Muslim or the Sinhala community could be taken
only if the decision is supported:-
(a) by the majority of the Members of the Council and
(b) by the majority of the representatives of the Muslim
or the Sinhala Communities as the case may be
It is contemplated that the powers and functions of the
Council will extend to;
(a) adequate arrangements to enable the Council to participate
effectively in the exercise and performance of such powers
and functions as are at present being exercised and performed
by the government in respect of regional administration
including policy making, implementation and monitoring;
(b) rehabilitation, reconstruction and resettlement; within
parameters agreed upon by the parties.
The Council will act in consultation with the District Committees.
The modalities required to give effect to the above proposal
will be the subject matter of discussion between the parties.
Special commissioner
A person acceptable to the parties will be appointed Special
Commissioner who will have the authority to utilize the State
machinery for the implementation of the decisions of the Council.
GOSL will appoint the Special Commissioner with the consent
of the Council.
The Special Commissioner will be a non-voting member of the
Council. He will be accountable to the Council.
The Council will designate another person or an organization
to co-ordinate all other development work implemented by non-State
agencies.
Finances
The Council will determine the use of funds derived from the
GOSL and the Donors that would be utilized by State agencies,
NGOs, international agencies and private sector agencies for
rehabilitation, reconstruction and development projects in
the North East region. These would be
(1) Funds received from Donors to the North East Reconstruction
Fund (NERF);
(2) Monies allocated by GOSL to NERF; and
(3) Resources received for the rehabilitation and reconstruction
of the North East other than through NERF.
The allocation of resources will be determined by the parties
on an equitable basis
GOSL, LTTE and the Facilitator will actively encourage contributions
to NERRF. The GOSL will provide funding through NERRF wherever
practical. Utilization of resources from NERF will be directly
determined and supervised by the Council.
Special fund
A Special Fund will be created for the North East dedicated
to the reconstruction rehabilitation and development in respect
of aid, principally loans but also grants.
The Special Fund would be an accounting mechanism to monitor
resources for the North East that are not channelled through
NERF and any Government funds that are not channeled through
NERF. This accounting mechanism will monitor the resources
allocated by, the Government of Sri Lanka and resources from
the Donors other than those given to NERF.
The purpose of the Special Fund will be to ensure that theCouncil
will be responsible for effective utilization of resources
to the North East including loans and other funds which cannot
be channelled through NERF.
District committees
It is also proposed to set up a District Committee for each
District in the Northern and Eastern Provinces. The Chairman
of the District Committee may be appointed from amongst the
members of the Council and will serve as a link between the
District Committee and the Council.
The other members will be appointed by the Council. In appointing
such members, regard will be had to ensure adequate representation
having regard to the ethnic composition of the District.
A District Committee will function directly under the Council
and will be charged with carrying out the decisions of the
Council.The District Secretary will be the Secretary and the
Chief Executive Officer of theDistrict Committee.
All activities within the District relating to the powers
and functions of the Council will be co-ordinated through
the Secretary to the District Committee.
Powers and functions of the district
These will consist of;
(a) Implementation of the decisions of the Council
(b) Co-ordination all development activities within the
district.
(c) Formulation of proposals for consideration by the Council
Each District Committee will function as a delegate of the
Council and ensure the effective implementation of the decisions
of the Council.
For all purposes a District Committee will be responsible
for the district for which it is established and will function
as an administrative mechanism at a district level.
A District Committee may, with the concurrence of the Council,
obtain the assistance of individuals or a body of persons
for the effective discharge of its functions.
District sub-committees
Each District Committee may establish such number of District
Sub-Committees as may be necessary for such sub-divisions
in the district, in order to ensure the effective implementation
of the decisions of the Council and the District Committee
at grass root level.
The members of each such District Sub-Committee will be nominated
by the District Committee with the concurrence of the Council.
Committees of the Provincial Administrative Council
It is also proposed to create the following special committees
by the Council.
(a) Economic Affairs Committee;
(b) Infrastructure Committee;
(c) Essential Services Committee
Each Committee will consist of not more than four (4) members
of the Council and such other persons including experts and
officers as may be determined by the parties.
The Chairman of the Committee will be a member of the Council.
Each Committee will function under the direction of the Council.
Muslim delegation
In order to move forward, a Muslim Delegation will participate
in the peace talks.It is open to the SLMC to submit separate
proposals pertaining to the establishment of the Provisional
Administrative Structure. A Muslim Delegation will participate
in the discussions relating to the Provisional Administrative
Structure.
Period of operation
It is envisaged that the contemplated arrangements will be
in operation for a limited period agreed upon by the parties,
subject to the arrangements being reviewed every six months. |
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