Peace talks bogged down in preconditions
VICTIMS OF VIOLENCE IN THE BATTICALOA DISTRICT: A coffin bearing
the remains of Eastern University senior lecturer in economics,
Kumaravel Thambaiah, being carried by his colleagues. The funeral
of Mr. Thambiah, who was shot dead by gunmen in Batticaloa,
took place in his home town of Aasikulam in Vavuniya last Wednesday.
|
The
United People's Freedom Alliance (UPFA) Government's efforts to
hurriedly resume direct peace talks with the Liberation Tigers of
Tamil Eelam (LTTE) have proved futile.
It
was only last week that assertions the Tiger guerrillas were ready
for talks "at any time convenient to the Government,"
that too "without pre conditions," turned out to be a
fallacy. Now there is more.
Three
weeks into office, the UPFA took the first step of inviting Norway
to resume their facilitator role. They were eager. An accord on
an agenda, a venue and dates for talks, ahead of the meeting of
four major aid donors in Brussels on June 2, would have sent the
right signal.
The
United States, Japan, the European Union and Norway are set to review
aid to re-construct war torn north-east. Their decisions hinge on
the resumption of peace talks which remain suspended since April
2003. Now, the Brussels meeting is sure to end with donors calling
for the two sides to return to the negotiation table than pledge
any aid.
A
second visit this month by Norway's Special Envoy Erik Solheim to
Colombo and the Wanni has further laid bare the truth that pre conditions
did exist. But this time, the LTTE has amplified those pre conditions
prompting in its wake what has turned out to be pre conditions from
the UPFA Government.
LTTE
Political Wing leader, S.P. Tamilselvan, told Mr Solheim last Wednesday
in Kilinochchi that "institutionalizing the ISGA (Interim Self
Governing Authority) should take place first so that we can demonstrate
to the people that their urgent humanitarian needs would be effectively
met with by the ISGA and will help to build confidence among the
people who are the real stakeholders in the peace process."
Those
words are from the official LTTE Peace Secretariat website. It added
“……Tamil thinking is loud and clear in that the
overwhelming mandate on the implementation of the ISGA proposals
is a verdict that cannot be ignored." He was alluding to the
LTTE claim that voters at the April 2 Parliamentary elections who
returned Tamil National Alliance (TNA) candidates had "overwhelmingly
endor-sed" ISGA as the sole basis for any future peace talks.
Earlier,
when the LTTE placed the ISGA proposals before the previous United
National Front (UNF) Government, (in November 2003), the position
was different. It offered to discuss these proposals. There is a
paradigm shift. Now, the LTTE wants the ISGA proposals institutionalized.
According
to the Oxford Dictionary, institutionalize means to "establish
(something typically a practice or activity) as a convention or
norm in an organisation or culture…"
In
other words the LTTE wants an Interim Self Governing Authority (ISGA)
in place before any discussions could take place on a final settlement.
This means two-thirds of Sri Lanka's landmass and four-fifths of
the sea coast will come under LTTE control for five years if the
proposals are granted in its present form.
The
eight-page documents containing the proposals are outside Sri Lanka's
Constitution and laws. The arrangements demanded are without any
Government control. Yet the LTTE wants funds from the Government,
including those accruing from the North-East. The use of these funds
will be subject to audit by an Auditor General to be appointed by
them.
During
their 90 minute meeting, the official LTTE Peace Secretariat website
also said Mr Solheim (who was there together with Norwegian Ambassador
Hans Brattskar) "conveyed to Mr. Tamilselvan the thinking"
of President Chandrika Bandaranaike Kumaratunga on re commencement
of peace talks. It added "the President is of the view that
the discussions on ISGA proposals should take place parallel to
the discussions on core issues."
Days
ahead of Mr. Solheim's arrival in Colombo last Tuesday, the UPFA
Government had made available to the LTTE (through the Norwegian
facilitators) a document that set out what seems to be their pre
condition vis-à-vis the LTTE's own.
This
document, a copy of which The Sunday Times has seen, made clear
"…..any agreed Interim Authority will bear the contours
of a final solution to the ethnic conflict taking into account the
Oslo statement and the Tokyo Declaration…"
This
placed the Norwegian facilitators in a dilemma over the issue of
a formal statement incorporating an agenda, venue and dates for
peace talks. On the one hand, the LTTE was insisting that its ISGA
proposals should "be institutionalized." On the other,
the UPFA Government was emphatic that any "agreed Interim Authority
will bear the contours of a final solution." This solution,
it points out, should be on the basis of the Oslo statement and
the Tokyo Declaration.
The
Oslo statement came on December 5, 2002 at the end of the third
round of peace talks. A statement issued by the Royal Norwegian
Government, among other matters, declared:
"Responding
to a proposal by the leadership of the LTTE, the parties agreed
to explore a solution founded on the principle of interim-self determination
in areas of historical habitation of the Tamil-speaking peoples,
based on a federal structure within a united Sri Lanka. The parties
acknowledged that the solution has to be acceptable to all communities."
The
Sunday Times leant that reference was made to clause 18 of the Tokyo
Declaration on Reconstruction and Development of Sri Lanka issued
on June 10, 2003. This clause which deals with Linkage between Donor
Support and Progress in the Peace Process states:
"Assistance
by the donor community must be closely linked to substantial and
parallel progress in the peace process towards fulfilment of the
objectives agreed upon by the parties in Oslo. The Conference encourages
the Government of Sri Lanka and the LTTE to enter into discussions
as early as possible on a provisional administrative structure to
manage the reconstruction and development aspects of the transition
process. The process would need the expeditious development of a
roadmap with clear milestones indicating the path towards a mutually
acceptable final political solution. With this in view, the international
community intends to review and monitor the progress of the peace
process closely, with particular reference to objectives and milestones
including:
a. Full compliance with the cease-fire agreement by both parties.
b.
Effective delivery mechanisms relating to development activity
in the North and East.
c. Participation of a Muslim delegation as agreed in the declaration
of the fourth session of peace talks in Thailand.
d. Parallel progress towards a final political settlement based
on the principles of the Oslo Declaration.
e. Solutions for those displaced due to the armed conflict.
f. Effective promotion and protection of the human rights of all
people.
g. Effective inclusion of gender equity and equality in the peace
building, the conflict transformation and the reconstruction process,
emphasising an equitable representation of women in political
fora and other decision-making levels,
h. Implementation of effective measures in accordance with the
UNICEF supported Action Plan to stop underage recruitment and
to facilitate the release of underage recruits and their rehabilitation
and reintegration into society.
i. Rehabilitation of former combatants and civilians in the North
and East who have been disabled physically or psychologically
due to the armed conflict.
j. Agreement by the Government of Sri Lanka and the LTTE on a
phased, balanced and verifiable de-escalation, de-militarization
and normalization process at an appropriate time in the context
of arriving at a political settlement.
The
positions taken by the LTTE and the UPFA Government, quite clearly,
prevented the Norwegian facilitators from making a breakthrough.
Hence they were unable to issue a formal statement.
However,
a meeting for Mr. Solheim with President Kumaratunga, originally
scheduled to take place before his visit to Wanni, only took place
thereafter. That was on Thursday evening. A statement issued later
that night sounded less optimistic in its tone than a more assuring
previous one that spoke of talks at a time convenient to the Government
without any pre conditions. It said:
"The
Norwegian delegation comprising Special Envoy Erik Solheim and Ambassador
Hans Brattskar called on President Chandrika Bandaranaike Kumaratunga
on Thursday at President's House. They briefed the President on
their discussions in Kilinochchi with the LTTE's Political Wing
Head S.P. Tamilselvan who had re-iterated the LTTE's commitment
to the Ceasefire Agreement and to the resumption of negotiations.
"The
President whilst confirming the Government's readiness to enter
into negotiations with the LTTE had an exchange of views on the
agenda for the talks. It was agreed that the Norwegian delegation
would continue consultations in this regard.
"Associated
with the President in the discussions were Foreign Minister, Lakshman
Kadirgamar, Secretary General of the Peace Secretariat Jayantha
Dhanapala and Foreign Secretary, S. Palihakkara".
As
re-iterated in the latest UPFA statement, the Norwegian delegation
will no doubt continue consultations but the question is when. Sections
of the Colombo based diplomatic community believe mounting protests
from UPFA's main partner, the Janatha Vimukthi Peramuna (JVP) over
the ISGA proposals and the July 10 Provincial Council elections
may have forced the Government to "go slow" on the peace
process for the time being.
Hence,
any further Norwegian shuttle diplomacy between Colombo and Kilinochchi
is not likely at least until after mid July. That again would be
to only resume their task to narrow down the widening gulf in the
positions taken up by the LTTE and the Government. Moreover, the
LTTE too will be pre-occupied next month with a high profile delegation
visiting European capitals for meetings with the Tamil diaspora.
Mr.
Solheim left Colombo on Friday evening to New Delhi to brief the
newly elected United Progressive Alliance Government of Prime Minister,
Manmohan Singh on the latest developments. He will also brief the
Norweigian Ambassador to India, Jon Westborg. Mr. Solheim’s
visit co-incides with an official visit to New Delhi beginning tomorrow
by Foreign Minister, Lakshman Kadirgamar. He arrived in the Indian
capital yesterday. Mr. Kadirgamar is to hold official talks with
his new counterpart, Kanwar Natwar Singh. Some important issues
including the peace process will figure during discussions. It is
also likely to pave the way for an early visit to New Delhi by President
Kumaratunga. In addition, Prime Minister, Mahinda Rajapakse, is
also due to visit India later this month.
Later,
Mr. Solheim was due in London en route to Brussels for the aid donor
meeting. There he will brief LTTE Chief Negotiator, Anton Balasingham,
on the recent developments.
Despite
a lack of steady progress in efforts to resume direct talks, the
UPFA Government is going out of the way to ensure the Ceasefire
Agreement remains intact. This is particularly in the wake of the
LTTE pointing the finger at the Sri Lanka Army for a string of incidents
in the Batticaloa district. They have accused that the Army was
backing the Karuna faction that was gunning down cadres loyal to
the Wanni leadership. However, the Army has denied these charges
and is blaming the LTTE for the killings of theirs and Police intelligence
cadres in the district.
Last
Monday, Defence Secretary Cyril Herath, directed Chief of Defence
Staff (CDS) and Army Commander, Lt. Gen. Lionel Balagalle, to immediately
assign Chief of Staff, Major General Shantha Kottegoda to take control
of the situation.
A
directive Lt. Gen. Balagalle issued with copies to the Army, Navy,
Air Force, Police, Special Task Force on May 24 said:
"In
the recent past increased number of security related incidents were
reported from the Eastern Province particularly in the Batticaloa
and Ampara Districts. There have been many incidents where members
of the Armed Forces, Police, civilians and LTTE cadres were killed
in these areas. Killing of LTTE cadres appear to be as a result
of the ongoing clashes between LTTE Wanni cadres and the Karuna
faction.
"Chief
of Staff of the Army has been appointed Overall Operational Commander
(East) and will be stationed in the SF HQ (E) TAOR with immediate
effect. OOC (East) in consultation with Chief of Defence Staff will
take appropriate courses of action to improve the security situation
in the Eastern Province.
"OOC
(East), Major General S.H.S. Kottegoda WWV RWP RSP USP ndc will
be in overall command of all Armed Forces, Police and STF personnel
deployed in the East."
It
is now public knowledge that since the defence portfolio was brought
under the President seven months ago (when UNF Government was in
power), matters relating to the security establishment have been
in a disarray. The appointment of Army's number two, veteran infantryman
Maj. Gen. Kottegoda, to the new post caused confusion both in the
security establishment in the east as well as in the LTTE hierarchy.
In
the East, where the security establishment came under an Eastern
Commander (Maj. Gen. Nanda Mallawaratchchi), the need for an Overall
Operational Commander (OOC) when there is a no war situation led
to confusion and cast serious doubts. For obvious reasons one cannot
elaborate here the repercussions the appointment had.
In
the LTTE, strange enough, it led initially to serious fears. Questions
were raised by the Wanni leadership whether any covert operations
were being planned against their cadres. This was on the assumption
that Maj. Gen. Kottegoda had been friendly with ousted Batticaloa-Ampara
leader Karuna having served as a member of the Government delegation
to the peace talks during the UNF regime. In fact the two had struck
a good rapport during talks in Thailand.
However,
Maj. Gen. Kottegoda was able to dispel most doubts after he undertook
a tour of several security forces establishments in the Batticaloa
district. Speaking to senior officers including those from the Police,
he made clear his task was to ensure that all measures to prevent
a break down of the Ceasefire Agreement was in place. He said those
in the district had a responsibility to adhere to the CFA and it
was the task of the senior officers to make sure it was enforced.
After these meetings, Maj. Gen. Kottegoda was reporting to Defence
Secretary Herath of the developments.
He
had gone to the east armed with full powers to deal with any officers
or men found negligent, attempting to scuttle the ceasefire or violate
directives.
Most
of the incidents in the Batticaloa district have come in the backdrop
of efforts by the LTTE Wanni leadership to regain full control of
the area. Since they defeated Karuna and his faction, some of the
camps are yet to be re-established and normal activity restored.
If
the LTTE is busy re-establishing its control of the Batticaloa Ampara
districts, what of the Sri Lankan security forces? Here again, it
is clear that priorities have got mixed up. In the recent past when
clashes between the Wanni leadership and the Karuna faction were
at their height, troops had to be rushed from elsewhere to bolster
security arrangements in the Batticaloa district. This included
troops who were undergoing further training at Minneriya. It is
no secret that troop strength in the area is woefully inadequate
to meet the rising needs. Many a field commander has brought this
to the attention of those who matter. On some occasions the inadequacy
has been reflected at National Security Council meetings.
What
does the Ministry of Defence do in this backdrop where many a countrywide
recruitment drive has failed to enlist required numbers? The answer
is to send Sri Lankan troops on peace keeping missions abroad. Already
national television networks are full of advertisements asking the
country's youth to join to go on peace keeping missions overseas.
Like
the previous UNF Government, this is being done wholly on the assumption
that peace has already arrived and troops are now redundant.
As this week's events show, the resumption of direct talks between
the Government and the LTTE is being indefinitely delayed. The Tiger
guerrillas, as is expected, continue to consolidate their military
machine in the north-east. This is whilst an unconcerned Ministry
of Defence allows matters in the security establishment to drift
further and is busy finding placements for troops to keep the peace
in other parts of the world. When will they ever learn?
Changes in military hierarchy soon
The Commander of the Sri Lanka Army, Lt. Gen. Lionel Balagalle,
will relinquish office on June 30, this year. He reaches 59 years
of age on June 15.
Although
no replacement has been formally named, it is certain to be Major
General Shantha Kottegoda, the present Chief of Staff. He is currently
serving additionally as Overall Operations Commander (East).
It
is not immediately clear whether Lt. Gen. Balagalle will continue
as Chief of Defence Staff (CDS). In this capacity, he is head of
the Joint Operations Headquarters (JOH), the combined arm of security
forces and Police vested to co-ordinate all operational activity.
If
he does not, the post is expected to go to Vice Admiral Daya Sandagiri,
Commander of the Sri Lanka Navy, who will then be the senior-most
serving Commander.
Before
making a formal appointment, The Sunday Times learns President Chandrika
Bandaranaike Kumaratunga, who is also Minister of Defence and Commander-in-Chief
is having informal interviews with those next in line for the highest
post in the Army.
Last
Friday she is learnt to have met with Deputy Chief of Staff, Major
General Sarath Fonseka. He is also the Commandant of the Volunteer
Force. During an informal conversation President Kumaratunga is
learnt to have ascertained from Maj. Gen. Fonseka several matters
and emphasised the need to work as a team with anyone named as the
new Commander.
President
Kumaratunga is expected to meet Maj. Gen. Kottegoda tomorrow. He
is now the second in command and is widely regarded as one of the
best infantrymen in the Army.
She
is also expected to meet the number four in line of command, Maj.
Gen. Chula Seneviratne, currently the Director General - General
Staff (DGGS). |