Conditions met, but confusion remains

Tiger guerrilla chief Peace Negotiator, Anton Balasingham, called on his leader Velupillai Prabhakaran, hardly an hour after his arrival in Wanni on Friday. LTTE photo

Only the weather gods seemed somewhat unkind. Otherwise the Norwegian peace facilitators, who met President Chandrika Bandaranaike Kumaratunga for a four hour long, meeting in Nuwara Eliya, were thrilled beyond expectations.

Their meeting came in the wake of her telephone call to Norwegian Prime Minister, Kjell Magne Bondevik (on the night of April 22) to say her newly elected United People's Freedom Alliance (UPFA) Government was willing to resume peace talks with the Liberation Tigers of Tamil Eelam (LTTE).

Deputy Foreign Minister, Vidar Helgesen, Special Envoy Erik Solheim and Norwegian Ambassador Hans Brattskar were equally happy. The descriptions they gave after the meeting to those in the Colombo based diplomatic community and others reflected this extraordinary euphoria.

"She was very well focused, articulate and to the point. There were no diversions or angry outbursts," said one. "This was the best among the meetings I have had with her in the past five years," said another. Further remarks referred to the confidence President Kumaratunga exuded when she declared she was willing to give leadership to the peace process no matter what others (meaning her constituent partners of the United Peoples Freedom Alliance (UPFA) Government) had to say about it. She said institutional arrangements to re commence peace talks were ready and felt there should be more transparency.

Bolstering the euphoria for the Norwegian facilitators was the response they received when they had two hours of talks with LTTE's Political Wing leader, S.P. Tamilselvan. That meeting was sans Deputy Minister Helgesen.

But their return journey by a Sri Lanka Air Force Bell 212 helicopter ran into problems. The chopper could not reach Kilinochchi due to bad weather. The Norwegian team had a string of engagements in Colombo on Monday evening. They decided to travel by road. They reached Vavuniya by night and were heading towards Dambulla. The enterprising SLAF pilot took off after weather had cleared partially and landed in Vavuniya. There he picked up Raja Wickremasinghe, a Liaison Officer at the Peace Secretariat in Colombo. He accompanied the facilitators whenever they travelled to Wanni but returned to Vavuniya until it was time to return to escort them back.

Thereafter the pilot tracked down the Norwegian team somewhere near Dambulla. He made a night landing, picked them up and brought them to Colombo. One of the immediate tasks for the team was to brief Foreign Minister Lakshman Kadirgamar, at his Wijerama residence.

That was on the response the Norwegian facilitators had received from the LTTE to President Kumaratunga's offer to resume talks. If President Kumaratunga was focused and wanted to guide the peace process, the sequence of events since her talks with the Norwegian team clearly illustrates the confusion and contradictions caused by others responsible in the UPFA Government.

That clearly showed there was a lack of direction and control at the highest levels. Hence some of the measures seemed to run counter to the ideals set out by President Kumaratunga.

A brief look at some of these events underscores the situation. First to the official statement issued by the Norwegian delegation after their meeting with President Kumaratunga in Nuwara Eliya on May 2. It said:

"Deputy Minister Vidar Helgesen, accompanied by Special Adviser Erik Solheim an Ambassador Hans Brattskar, have today, Sunday 2 May, had an extensive and constructive meeting with President Chandrika Bandaranaike Kumaratunga in Nuwara Eliya.

"The President and Mr. Helgesen had initial consultations on all aspects of the peace process. The Norwegian delegation will continue the consultations with the LTTE Monday 3 May to explore possibilities of recommencing direct peace negotiations between the Government of Sri Lanka and the LTTE.

"It might take some time before the parties are in a position to return to the negotiation table and in the meantime it is important for both sides to respect and abide by the cease-fire agreement and to work closely with the SLMM", said Deputy Minister Helgesen.

The Norwegian statement was cautious and declared the delegation "will continue the consultations with the LTTE Monday May 3 to explore possibilities of recommending direct peace negotiations between the Government of Sri Lanka and the LTTE." It made clear "it might take some time before the parties are in a position to return to the negotiation table…"

One would have thought the Norwegian statement came with the concurrence of the Sri Lankan side and would be the only official account. That was not to be. The Presidential Secretariat issued another statement on the same talks on May 2. This is what it said:

"A delegation of the Norwegian Government, comprising of Mr. Vidar Helgeson, Deputy Minister of Foreign Affairs, Mr. Hans Brattskar, Ambassador, Mr.Erik Solheim, Special Envoy and two Foreign Ministry officials called on President Kumaratunga who was accompanied by Mr. Lakshman Kadirgamar, Minister of Foreign Affairs, Mr.S. Pallihakkara Secretary, Ministry of Foreign Affairs and another official of the Government of Sri Lanka (Note: the reference is to Defence Secretary Cyril Herath) to discuss issues related to commencement of negotiations between the Government of Sri Lanka and the LTTE.

"The exchange of views was constructive and cordial. The discussions focussed on a range of issues related to the modalities and substance of the negotiations process and the need to commence development work in the North and East without delay, with full participation of the LTTE. The President also explained to the Norwegian delegation the institutional arrangements that are being established to guide and implement the development programmes of the North and East and the negotiations process.

"The Norwegian delegation will be proceeding to the Vanni tomorrow, 03rd May, for consultations with the LTTE and they will brief the President on the LTTE's views on their return."

As is clear, the focus of the Press Releases from the Norwegian delegation and the Presidential Secretariat were different.

The first spoke of continuing consultations to explore possibilities of recommencing direct peace negotiations. It cautioned i

t might take some time. The second, however, made no such reference.
It laid emphasis on "the need to commence development work in the North and East without delay, with full participation of the LTTE." This statement added that the President explained institutional arrangements "to guide and implement the development programmes" and the negotiations process.

According to authoritative sources, even before President Kumaratunga telephoned Premier Bondevik to urge him to re-commence peace efforts, contacts had been under way with the LTTE through informal channels. Such contacts had helped the two sides address some of the preliminary issues including immediate concerns of the LTTE. These immediate concerns related to pre conditions or, in LTTE's terms, "requirements" that had to be fulfilled.

These sources said the informal contacts paved the way, even before the Nuwara Eliya talks, for the UPFA to clear some of the issues. Thereafter, the main issue was cleared when President Kumaratunga acknowledged "the need to commence development work in the North and East without delay, with full participation of the LTTE." The LTTE has already made clear that the institutional mechanism for development work in the North and East would be solely through its proposed Interim Self Governing Authority (ISGA).

It was only last Thursday, a group of Tamil National Alliance parliamentarians asked member countries of the European Union to release development aid for the North and East to the Sri Lanka Government only after the ISGA is established. The Tamilnet website said the TNA MPs led by group leader R. Sampanthan made the request during a discussion with representatives of EU member countries.

This explains why the Presidential Secretariat on May 4 announced that the "LTTE is fully prepared to commence talks with the Government at a time convenient to the Government." This is also why it said "the Norwegian facilitators stated that the LTTE had no pre conditions attached to the commencement of the talks." What ever pre conditions, or as the LTTE called it requirements that existed, had been fulfilled.

The Presidential Secretariat announcement came after Norwegian facilitators, who held talks with LTTE's Political Wing leader, S.P. Tamilselvan in Kilinochchi (on May 3) reported on the outcome to Foreign Minister, Lakshman Kadirgamar. Here is the full text of the Press Release issued by the Presidential Secretariat:

"The Norwegian delegation comprising Erik Solheim, Ambassador Hans Brattskar and Lisa Golden (note: Lisa Golden did not visit Sri Lanka with the Norwegian delegation this week.

This was a factual error by those at the Presidential Secretariat) briefed Foreign Minister Lakshman Kadirgamar on 3rd May on their return from Kilinochchi where they had conveyed to the LTTE the results of their consultation with the President. The talks had lasted more than two hours.
"Mr Tamilchelvam had indicated that the LTT

E is fully prepared to commence talks with the Government at a time convenient to the Government. He also reiterated their continued commitment to compliance with the Ceasefire Agreement. The Norwegian facilitators stated that the LTTE had no preconditions attached to the commencement of the talks. Mr Tamilchelvam had appreciated the messages received from the President through the Norwegian facilitators. The facilitators described their consultation with the LTTE as constructive. They remain optimistic about further progress."
To the not so discerning, the statement from the Presidential Secretariat simply meant the LTTE had agreed to resume peace talks with the new UPFA Government whenever they were ready. Technically that could have meant even today or tomorrow. This statement was made on May 4, just 24 hours after Mr Helgesen declared (on May 2) "it might take some time before the parties are in a position to return to the negotiation table…" That is not all. The claim is bolstered by another assertion. The Presidential Secretariat press release says "The Norwegian facilitators stated that the LTTE had no preconditions attached to the commencement of the talks."

Is the assertion that the LTTE agreed to resume talks with the UPFA Government at "anytime convenient" true? Is the claim that they were willing to do so without any pre-conditions, or say as the LTTE would like to call it "requirements," a true position? By this, does the Presidential Secretariat mean the LTTE was always willing to hold talks at "anytime" without any pre conditions? Or, are they trying to hide the fact that there were in fact pre-conditions and they do not exist now because they have been met?

The LTTE backed Tamil National Alliance (TNA) manifesto at the April 2 general elections sought a mandate from Tamil speaking voters of the North and East. TNA's Joseph Pararajasingham spelt this out to The Sunday Times (Situation Report - March 28). He set out the four point "mandate" they sought:

1. The LTTE is the sole representative of the Tamil people (2) Tamils are a nation (3) Tamils have a right to self determination. The concept of a homeland with the North-East merger has to be recognised. 4. The international community should bring pressure on the Government coming to power to accept the LTTE proposals for an Interim Self Governing Authority (ISGA).

The LTTE position was further re-iterated by their Chief Negotiator, Anton Balasingham, in an interview from London to the Colombo based Tamil daily, Sudar Oli, on April 26.

The LTTE's insistence on their being recognised as the sole representative of the Tamil people was resolved even before Norwegian facilitators raised the matter. It came when Foreign Minister, Lakshman Kadirgamar, declared in New Delhi that "by implication" LTTE was the sole representative of the Tamil people. The matter of "self determination" coupled together with no change being made to the merged North-East were broader issues to be discussed when the ISGA proposal is examined.

And now, the LTTE has officially acknowledged the UPFA would talk ISGA when peace talks resume. This is what the official LTTE Peace Secretariat website had to say:

"…Mr Erik Solheim undertook to convey the sentiments expressed by Mr. Tamilselvan to the President and on reaching an agreeable position regarding an agenda for the recommencement of negotiations, having in mind the ISGA as the basis for any development projects, will convey it to Kilinochchi for future moves."

Therefore, it is now clear why the Presidential Secretariat said the LTTE was willing to resume negotiations at any time convenient to the UPFA. It is also clear why there are no pre conditions. They have been met.

That is not to say no other issues were raised by the LTTE during last Monday's talks with the Norwegian facilitators. The Sunday Times has learnt there were quite a few. A sampling:

= A role for India. This is in the wake of statements by Foreign Minister, Lakshman Kadirgamar, that he saw an active role for India. During his visit to New Delhi last month, he raised this matter with his Indian counterpart, Yashwant Sinha. Later, Shri Sinha told a news conference in Chennai that Mr. Kadirgamar had told him India should play an active role but when asked what this role was, he( Mr Kadirgamar) had said he would return to Colombo and clarify.

The LTTE was also concerned about moves by the UPFA to revive the proposed Defence Co-operation Agreement (DCA) with India. It was only last Wednesday, a local Tamil TV station quoted Defence Secretary, Cyril Herath as saying Sri Lanka has sent the draft of the proposed DCA to the Indian Government for study. That such a revelation has been made when President Kumaratunga is attempting to re-start the peace process, must one say, does not send the right message to the LTTE?

The Sunday Times learnt that Norwegian facilitators made clear to the LTTE that they had received no signals from the Government of India about playing any new role in the ongoing peace process. They had been fully supportive of the Norwegian efforts. In fact, Deputy Minister Helgesen, who came for talks with President Kumaratunga heeding a call to resume peace efforts, had stopped in New Delhi en route to Colombo. He had held talks with National Security Advisor to the Prime Minister, Brijesh Mishra. He had expressed full support for the Norwegian efforts.

India had, however, re-iterated their eagerness to step up their role as a bi-lateral donor of aid to rehabilitate and develop the war ravaged North-East. The point was made that no party, politician or media in Colombo could determine a role for India. Such a role would have to be determined by the Government in India. Special Envoy Erik Solheim had also had talks with the Indian High Commissioner in Colombo, Nirupam Sen. At no stage had the latter requested a new role for India.

The LTTE, The Sunday Times learnt, had also insisted that Norway should continue to play the role of peace facilitator. They have said there should be no change in this arrangement and that both parties should continue to uphold the Ceasefire Agreement and fully support the role of the SLMM.

= The venue for any future peace talks. Sections of the UPFA Government had held that future peace talks should be held within the shores of Sri Lanka. However, the LTTE is strongly against such a move.

The Sunday Times learnt the Norwegian facilitators made clear they would come up with proposals for a venue outside Sri Lanka if the two sides are unable to reach agreement on one.

= The LTTE has expressed apprehensions that the Sri Lankan security forces were supportive of the Karuna faction. It has warned that the Sri Lanka Army, if it harbours Karuna and his men, were in fact jeopardising the peace process. There were also references to recent attacks reportedly by the Karuna faction on troops loyal to the Wanni leadership.

The Sunday Times learnt that the Norwegian delegation has conveyed to the LTTE certain assurances given by President Kumaratunga in this regard. This includes instructions she had handed down to the Security Forces. This was one of the main reasons why Defence Secretary, Cyril Herath, was invited to be a member of the Sri Lankan side that talked to Mr.Helgesen and others in Nuwara Eliya.

It is in this backdrop that Norwegian Foreign Minister, Jan Petersen, arrives in Colombo tomorrow. He will be joined by his deputy, Vidar Helgesen.

It is more than a goodwill visit. He is to hold talks both with President Kumaratunga and LTTE leader, Velupillai Prabhakaran.

This is to formally acknowledge that Norway had heeded the wishes of both the UPFA Government and the LTTE to resume peace talks.

Mr Petersen's talks with President Kumaratunga in itself will be significant. He will ascertain the institutional arrangements and and the basis on which she wants to proceed with the talks. Even if the UPFA does not give those plans in writing to the Norwegians, a commitment will have to be re-iterated that the Ceasefire Agreement (signed by former Prime Minister, Ranil Wickremesinghe) would be upheld and the role of the Sri Lanka Monitoring Mission (SLMM) fully supported. No amount of official denials can hide that reality.


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