Situation Report

Scorched coconut, Palmyrah trees and scrub jungle dot an otherwise desolate stretch of land. The promulgation of Emergency Regulations declaring a High Security Zone (HSZ) led to civilians abandoning the area. A large Catholic Church and Kovils stand testimony to what was once a bustling fishing village. Located on the west is the Jaffna lagoon and on the east the Indian Ocean.

Since the Ceasefire Agreement (CFA) of February 2002, Muhamalai assumed greater significance. It was the divide, or the gateway, that separated Liberation Tigers of Tamil Eelam (LTTE)-controlled Wanni from the Government-controlled Jaffna peninsula. An entry-exit point that stood in the middle of the A-9 highway, like the one at Omanthai (north of Vavuniya) were the two access routes to the Wanni.

If the CFA conferred on the LTTE the "licence" to a vast tract of land to dominate and operate a virtual "parallel" administration, these two access routes became their life blood. Food, fuel, medical supplies arrived through them. Entry and exit to the Wanni were through these two main corridors. Fighting cadres, including suicide bombers, moved under cover from there to carry out attacks. Explosives and other warlike material were moved out from there to Government-controlled areas.

But today, Muhamalai, on the thin isthmus that links northern mainland to the Jaffna peninsula, has won worldwide notoriety as the killing fields of Sri Lanka. That dubious reputation came within just a month - August 11 to October 11.

It was 5.45 p.m. on August 11, just after the day's work at the Entry-Exit point had ended, when Tiger guerrillas launched a major onslaught on the Muhamalai defences. They destroyed some bunkers, forced a Navy detachment in Kilali and some Army troops to fall back. Army's elite commandos, despite some losses they suffered, fought back bravely to regain the bunker lines. The re-capture of the one time Entry-Exit point area followed.

The battles saw guerrillas capturing some positions and the Security Forces later re-capturing them. There were waves of guerrilla attacks; some backed by cadres on Sea Tiger boats in the Kilali lagoon. Some positions kept changing hands as the fighting raged. All this ended only on August 26. A period of 15 days (August 11 to August 26) saw the deaths of 16 Army officers and 171 soldiers. A further 49 officers and 840 soldiers were injured. The brave fight they put up and the sacrifices they made prevented the fall of Muhamalai defences.

Troops recovered the bodies of 144 guerrillas who were engaged in battles with them. They lay dead around their defended localities. This included 58 women cadres. They were buried in four different locations within the area of control of the two Army brigades assigned to Muhamalai. Security Forces claim that at least twice that number was killed in the fighting. That included the bodies that were taken away by the guerrillas. Independent verification of guerrilla casualties is not possible.

The ill-planned military offensive that ended in a devastating debacle on October 11 followed. More than 18 officers and 128 soldiers were killed in this. A further 616 officers and soldiers were injured. This is the third major debacle in the history of offensives conducted by the Army. The first was an offensive to capture guerrilla-held areas in Pooneryn. A guerilla counter attack in the aftermath in November 1993 led to the deaths of six officers and 221 soldiers. Four officers and 304 were then declared missing in action and now confirmed dead. That brought the Army death toll to 635. A further two officers and 12 Navy sailors were killed and 92 sailors were reported missing in action. They were later confirmed dead. That brought the Navy death toll to 106. Seventeen Army officers and 503 soldiers were injured. So were 47 sailors. Thus, 741 soldiers and sailors were killed in Pooneryn.

The second major debacle came when the Army launched "Operation Agni Khiela" (or Rod of Fire) on April 25, 2001. This incident occurred during the early stages of Norwegian peace facilitation. At first five officers and 152 soldiers were declared dead. On April 28 the International Committee of the Red Cross (ICRC) handed over 30 bodies that were given to them by the LTTE. A further 26 bodies were handed over on April 29 but were unidentifiable. They were buried at a location in Anuradhapura north with full military honours. The total dead thus became 213 officers and soldiers.

And now, Muhamalai has become the subject of a tug-of-war between the Government and the LTTE. At the renewed Geneva peace talks last weekend (October 28 and 29), guerrilla political wing leader S.P. Thamilselvan pleaded strongly that the A-9 highway be opened and offered guarantees. This in effect meant the opening of the Muhamalai gateway. The gateway at Omanthai, north of Vavuniya, remains open but traffic to the Jaffna peninsula cannot pass.

Muhamalai became the topic that dominated discussions during peace talks in Geneva. They ended inconclusively. The reason: The LTTE wanted the A-9 (the Muhamalai gateway) re-opened. The Government flatly refused. The result: The LTTE declared it would not agree to any further dates for peace talks. This has not only plunged a nation and the international community in uncertainty but also raised fears of a return to the battlefield again. Now, to how things fared in Geneva.

The leader of the Government delegation, Nimal Siripala de Silva's opening statement was much lengthier than his counterpart, S.P. Thamilselvan. In that he revealed that since the last Geneva talks that began on February 24 until October 17, a total of 897 Security Forces personnel were killed. He said the LTTE have been responsible for a total of 1363 killings including civilians in the same period. His speech was 11 pages compared to Mr. Thamilselvan's seven.

Closed door sessions began with a statement by Mr. Thamilselvan. He said the LTTE had agreed to talk with the Government of Sri Lanka on core issues. From their point of view, the two important core issues were the humanitarian crisis in the North and the closure of the A-9 highway thus trapping 600,000 civilians inside. They were undergoing untold hardships. After discussion of these matters, he said, they could move over to political issues.

He claimed that whilst he was speaking in Geneva, preparations were being made in areas ahead of LTTE defended localities in the North for more battles. Shelling was under way. He wanted those present to recognize the need to address humanitarian issues, ensure the fighting is ended to discuss political issues. If this was not done, he pointed out, that the talks would become a failure.

Mr. Thamilselvan said the Government had repeatedly re-iterated its commitment to adhere to the provisions of the Ceasefire Agreement. Clause 2 of the CFA had emphasized the need to resort to confidence building measures. One such measure would have to be the re-opening of the A-9 highway to Jaffna peninsula, a benefit the public in the area had enjoyed for a considerable time. He charged that military operations were being conducted. An embargo of food, medicine and other essential items has been slapped on the people in a subtle way. This is a serious violation of a basic human requirement.

He said he would, on behalf of the LTTE, make a fervent appeal to the Sri Lanka delegation. That was in the presence of Norwegian peace facilitators and the Sri Lanka Monitoring Mission. They were fully prepared, prepared 100 per cent, to adhere to the CFA and offer security and other guarantees if the Government would open the A-9 highway to Jaffna. The LTTE leadership has made it very clear that the core issues constitute the humanitarian issues and the closure of the highway. Mr. Thamilselvan said if the two sides continued to accuse each other of wrong doings in the past and placed blame on each other over various issues, that would become an exercise in futility. Therefore, he argued, the Government of Sri Lanka should co-operate.

A strong response to Mr. Thamilselvan's statement came from the head of the Government delegation, Minister de Silva. He said the Government was doubtful of LTTE's assertions to adhere to the CFA one hundred per cent. They talk of confidence building exercises. It was only the previous day the LTTE was firing artillery at Security Forces positions in Muhamalai. Mere words, he said, would not bring confidence over the LTTE. He said the Government had to be careful, act with caution and great restraint. He said the Government delegation was not in Geneva succumbing to international pressure. It was only out of its commitment to search for peace. To achieve peace the Government would go to any length.

Mr. de Silva said the A-9 highway had remained shut for many years. At present, the Entry-Exit point at Omanthai was very much open. It was only Muhamalai end that was closed. Since food, medicine and other supplies was the issue at question, he said, the Government had given Norway's International Development Minister Erik Solheim, an alternative route. When this was done, the LTTE had switched position. They had said those living in the Wanni had extended families in the Jaffna peninsula and vice versa. Therefore, they had used this excuse to have the Muhamalai Entry-Exit point re-opened.

He accused the LTTE of recruiting children and bringing them to Wanni for training. Grenade and other attacks were being carried out on Security Forces positions. The LTTE says they are ready to comply with assurances. The Government has to see for two to three weeks whether they are capable of complying with the assurances they have given like fully adhering to the CFA. He said the Government of Sri Lanka will not order its troops to engage in any offensive military action. However, they would do so only if the LTTE resorted to such action or provoked the military.

Mr de Silva accused the LTTE of ordering traders in the Jaffna peninsula not to sell essential consumer goods. This was a ruse to force the Government to distribute such goods only through co-operative societies. That would have made them more scarce and caused hardships to civilians.

He said that irrespective of the existence of the CFA or otherwise, it was the bounden duty of the Government to ensure that the humanitarian needs of all its citizens are met. This is irrespective of caste and creed. He said the A-9 is not altogether closed and supplies reach up to Muhamalai. The LTTE attacked the Muhamalai Entry-Exit point on August 11. The facilities there were destroyed. The SLMM has determined it was a violation of the CFA. Even now, the LTTE was directing artillery fire at the Security Forces from its localities in Muhamalai. This raises questions over LTTE intentions.

He said the Government's good intentions were shown clearly, when it moved to send supplies by ships. The LTTE did not co-operate. The Government asked the ICRC to escort these ships but the LTTE refused them permission to fly their (ICRC) flag. The ICRC is still waiting for approval.

He said the Government wanted to flood the peninsula with all supplies and demonstrate its commitment to the people. But the LTTE was standing in the way. President Mahinda Rajapaksa even wrote to UN Secretary General Kofi Annan asking his intervention to fly the UN flags on ships carrying supplies to the North. He read out the contents of the letter.

The Sunday Times learnt that the move earned the ire of the Government's erstwhile partner, the Janatha Vimukthi Peramuna (JVP). The matter had been discussed at its Politburo meeting. They were of the view that flying a UN flag would amount to public admission of the Government's gross inability to use the shipping lanes off the north east coast under the Sri Lankan flag.

Mr. de Silva declared that the Government was prepared to discuss humanitarian issues together with other important topics. He said media reports were not the criteria. The needs of the people would have to be addressed. Violations were taking place in conflict zones in Iraq and Afghanistan too. That, however, did not mean it should happen in Sri Lanka. But, solutions to conflicts cannot be evolved as quickly as cooking instant noodles. There were a plethora of inter twining issues in the Sri Lankan conflict. Even in the case of Palestine, it was settled but it erupted again. Therefore, he told the LTTE, not to say 'we want this today, or otherwise everything would be over.'

He said the Government had to be cautious and act with restraint.

Mr. Thamilselvan in his response was to repeat his plea to re-open the A-9 highway. He said the LTTE's assurances must be accepted and tested by the Government. He said he wanted to look into the eyes of the Government delegation and pose a question - do you want the Tamil people to continue to suffer the miseries they are undergoing? The Government accused the LTTE but both parties have violated the CFA. The Head of SLMM and his team were present at the talks. One party cannot be blamed for all the violations. Hence, they should provide the people of the North with a peace dividend by opening the A-9 highway, he said.

He wanted to know whether blockades were placed on people in the South, in places like Colombo or Matara. He argued that the LTTE represented a population that has been subjected to war for nearly three decades. Their cadres came from a generation that took up arms to win what he called freedom of movement. The people acknowledged the LTTE as their representatives.

Minister of Enterprise Development and Investment Promotion Rohitha Bogollagama endorsed the statements made earlier by Erik Solheim on the suggested parameters for the talks - Humanitarian, de-escalation, political settlement, A-9 highway, Geneva talks from February until now. He said as Mr. Thamilselvan had appreciated, the Government was building a southern consensus. That was why the United National Party was brought in through a Memorandum of Understanding. He said the Government wanted to evolve a national agenda to solve matters of serious concern for the two sides.

He said what was advocated by the LTTE should be put to test. He said the Government has to overcome issues and did not plan to keep the roads closed for ever. He said meeting the requirements of the 600,000 civilians in the North was a test for the Government of Sri Lanka. This is in terms of meeting their needs. He said that they should work on these options rather than talking of re-opening A-9 highway, particularly in view of the security situation concerning Muhamalai.

Minister of Trade, Commerce, Consumer Affairs and Marketing Development, Jeyaraj Fernandopulle declared that citizens in the North were not interested whether their essential needs came by the A-9 highway or by sea. What they wanted was the items. He said he would extend a guarantee that Jaffna will be flooded with goods within the next two weeks. Giving statistics of supplies sent to the area, Mr. Fernandopulle admitted there was a shortage that amounted to some 25 per cent. He revealed that private traders in Jaffna who were invited to travel to Colombo to obtain their requirements had refused. They were more frightened about the exorbitant taxes the LTTE would impose.

He said that opening of the A-9 highway is out of the question at present. If the LTTE was concerned about the people, then it should allow the ships to go to the North. They should help the Government to move the needs of the people. He said the Government was willing to talk about the A-9 issue later.

Mr. Fernandopulle noted that as against 2,000 State sector employees in the Jaffna peninsula, there were 10,000 of them in "uncleared" Wanni. The Government was paying them though they were working for the LTTE. The Government has not reduced the budgetary allocations for the North.

Mr. Thamilselvan said that for a moment they should forget about discussing issues like food and the modes of transport. They should revert to a discussion of the CFA. He said the Agreement provided for the opening of the A-9 highway. Even if one is to forget all the issues, he said, the euphoria of the opening of A-9 highway is an important issue for the Tamil people. If the SLMM is allowed into the area and monitor the working of the A-9 highway, transport by sea would not be necessary. He said at present it appeared that there was a Government blockade of Tamil people.

He said it was now opportune to ascertain from the Government of Sri Lanka whether they have ceased to adhere to the CFA. It was also pertinent to ask whether the Government accepted the articles of the CFA in toto beginning from the preamble to the end.
Joining in was B. Mahendran, better known by his nom de guerre Nadesan, the "Police Chief" of "Tamil Eelam." He said the real reason why the Government was refusing to open the A-9 highway was because there was a hidden military agenda. He claimed that even the Non Governmental Organisations (NGOs) and International Non Governmental Organisations (INGOs) operating in the North were aware of this. He charged that the Government wanted to keep the people of Jaffna in an open prison camp. He argued that as claimed if the Government cared for the people in the North, they should open the A-9 highway. Minister Fernandopulle had referred to statistics. What the LTTE was concerned was freedom of movement and not statistics. The families of people living in the North have been separated from each other.

Minister de Silva hit back by accusing the LTTE delegation of constantly shifting positions. They were now saying food supplies did not form the issue and were claiming it was family re-union. He said the LTTE accused the Government of having a military agenda. It was the LTTE that had one. This was why they were transporting bombs. If they did not attack Muhamalai on August 11, this situation would not have come about. He said Tamil professionals were not willing to work in LTTE held areas for fear of what he called military oppression. This was the case with doctors who were reluctant to go to Wanni. This is why the Government delegation had wanted to discuss issues like democracy, pluralism, allowing dissent and thus alleviate the sufferings of the people in the North.

Minister of Housing and Construction Ferial Ashraff noted that a lot has been said about the CFA. But the agreement has not served the interests of the Muslims in the East. The LTTE had attacked them unmercifully in the Batticaloa and Trincomalee districts. She said she would appeal to the LTTE to allow other communities to live peacefully. This is without their being cleansed.

Mr. Thamilselvan acknowledged the sufferings of the Muslim people. He said the LTTE was now looking at ways and means of rebuilding confidence with the Muslims. He then switched again to the A-9 issue. He said using sea lanes to transport supplies was cumbersome. He wanted the Government to remember that the LTTE was able to sit down and engage their delegation in a discussion because of the Norwegian facilitator and the SLMM. It was this factor that has provided the opportunity for them to meet and discuss issues in Geneva. He said the LTTE would make an open declaration before them that they are prepared to implement the CFA. It is now opportune for the Government of Sri Lanka to seize this occasion. Now the architect of the CFA is also on your side, he said referring to the United National Party (UNP) extending support to the Government.

He noted that during talks in Geneva in February, this year, the Government agreed to put an end to all activities by paramilitary groups. This was with the assistance of the SLMM and in accordance with the Ceasefire Agreement. There were no results. Pleading ignorance on the non existence of paramilitary groups is not good enough, he said.

Mr de Silva charged that the LTTE was deviating from the main issues. No, we are not going to do that (opening of the A-9 highway), he said. He said the Government will not deviate. The Government had expected a more responsible statement from the LTTE. They were confining themselves to only peripheral issues, he added.

He declared that the Geneva talks were no doubt a victory for both sides. The warring parties were engaging in talks on humanitarian and political issues. Such an engagement was not there during earlier times. But de Silva, a lawyer, declared the talks cannot be construed as a court house where sentence is passed after their actions are judged. The LTTE was accusing the Government of imprisoning people. What has the LTTE done to the people in Kilinochchi, he asked. They are watched closely and are not allowed to move out without their permission. That was their freedom of movement.

These were some of the significant highlights of two days of talks between the Government and the LTTE in Geneva. One of the most important, if not the highly critical factor that emerges from this latest dialogue is the lack of trust in one another. That too in the presence of interlocutors. No peace talks can succeed in such an environment.

The Government's insistent refusal to open A-9 highway (or the Muhamalai Entry-Exit point) is clearly based on security considerations. It does not want the gateway to become the route for the transfer of guerrillas, including suicide cadres from the Wanni together with weapons into the Jaffna peninsula. In this instance, one can argue that the Government is not altogether incapable of adopting tougher measures against this threat at Muhamalai. They have both the strength and the resources to do so.

On the other hand, the LTTE does not want to provide any security guarantees for the use of sea lanes to transport food, fuel, medicine and other requirements to the North. It does not want to curtail the activities of Sea Tigers, an outfit that remains intact despite the recent battles.

Neither Sri Lankans, nor the outside world, expected a dramatic settlement to the ethnic issue during two days of talks in Geneva. However, they hoped, and hoped fervently that there would be more rounds of talks in the coming months - a move that would have brought about a prolonged lull in fighting. Such a lull would have eased tensions, created a better political and economic climate. Such hopes were further bolstered by the signing of the MoU between the ruling Sri Lanka Freedom Party (SLFP) and the main opposition United National Party (UNP). But they have now faded away.

After the Geneva talks, the Government is accusing the guerrillas of provocative action. The Air Force has resumed air raids on rebel targets in the North and East. Of particular significance are the targets bombed in Kilinochchi. On Friday the Tokyo Donor Co-chairs, (the European Union, Japan, Norway and the United States) who form the largest aid givers to Sri Lanka, expressed their "deep regret" over the bombing in the guerrilla stronghold where five civilians were killed. A statement from them noted that the explosion also damaged the Kilinochchi District Hospital and caused patients to flee.

It does not take a military pundit or a soothsayer to say it.

It would be a reasonable guess that retaliatory strikes from the LTTE would be a strong possibility. Thus, the Government's expectations of waiting for "two or three weeks" to decide on the A-9 highway at Muhamalai may become too little too late. They may find the resumed Eelam War IV in full swing. The critical question therefore is whether the A-9 highway is the end of the road for the peace process.