Sri Lanka

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  • The paradox of international policy

    Delegations from the Liberation Tigers of Tamil Eelam (LTTE) and Government of Sri Lanka (GOSL) last week engaged in face-to-face negotiations for the first time since talks, also in Geneva, in February this year.

    Expectations for any substantial break through at Geneva II, as the meeting has been termed, were lower than at any past negotiation between the warring parties, particularly given they could not even agree on the agenda.

    The Sri Lankan government insisted that it came to engage in discussions over a permanent solution, as opposed to implementation of the Ceasefire Agreement (CFA) signed in February 2002.

    The LTTE insist that only when the people of the Northeast enjoy the same normalcy as the rest of the island could they engage in negotiations on a long term solution. The Tigers wished to focus on implementing of the CFA.

    It should be noted that aside from the cessation of hostilities, the CFA agreement extensively covers the need for normalcy in the North-East of Sri Lanka.

    It also spells out the need for the government to disarm paramilitary organisations which were working with the Sri Lankan military. Clause 1.8 had not been implemented by the previous Sri Lankan government led by Prime Minister Wickremesinghe, nor by his successor President Mahinda Rajapakse.

    However, it was agreed at the outset of the peace process, that only after a series of confidence building measures and de-escalation of the conflict could any negotiations over a long term solution be discussed.

    The situation has worsened substantially this year. President Rajapakse’s coalition government has all but repudiated the CFA. Despite pledging to disarm the paramilitaries at Geneva I in February, it has done quite the reverse, expanding their numbers and weaponry and escalating the conflict.

    The history of the Sri Lanka’s ethnic conflict is strewn with examples of successive administrations breaking agreements with a succession of Tamil political and militant leaderships.

    The only difference in the present peace process is the involvement of foreign powers as intermediaries.

    The LTTE had been most insistent upon foreign involvement as it felt that facilitation by third parties was the most likely route to ensuring that agreements would be implemented, given the international transparency.

    With the economy it tatters after four years of military losses, Colombo, which had zealously defended its sovereignty, finally agreed to participate in a peace process with foreign involvement in 2002.

    At the outset Norway was the sole foreign participant involved solely as a facilitator, but within a year the US, EU and Japan had become self-appointed co-sponsors of the peace process.

    Irrespective of the Norwegian ‘front’, the US has always been viewed as the architect of the overall strategy of resolving the Sri Lankan conflict, with the EU and Japan playing a supporting role.

    India has always been consulted on major policy issues, but has always been on the sidelines as far as the peace process is concerned.

    Matters are further complicated by the fact that only two of the four co-chairs, Japan and Norway, can directly communicate with the LTTE as the other two have proscribed the organisation domestically as terrorists.

    But during the life of the current peace process it became increasingly clear to the Tamils that the involvement of foreign parties did not necessarily mean that agreements with the Sri Lankan state would now be implemented.

    The CFA became the first victim, with the failure by the state to remove its troops from occupied Tamil homes and public buildings. Instead the state unilaterally defined such locations as High Security Zones, resulting in permanent occupancy.

    The promised disarming of state backed paramilitaries also never took place, with now disastrous results.

    Various programmes to share development and humanitarian aid were systematically blocked by state bureaucracy, including the latest such effort, the Post-Tsunami Operational Management Structure (P-TOMS).

    This year the conflict has erupted – albeit without declaration of war. The first direct assaults on the frontlines of the LTTE were launched by Sri Lanka’s military in July this year under the pretext of liberating a water resource for Sinhalese farmers.

    The offensive, it should be noted, came despite a successful intervention by the Norwegian facilitators to resolve the situation peacefully.

    That clash escalated into a series of direct confrontations between the two parties which has rendered the CFA meaningless. Sri Lankan aerial and artillery bombardment has resulted in civilian casualties and hundreds of thousands of displaced persons.

    But, the international community has casually observed the proceedings with the occasional lament urging a return to the negotiating table.

    With the fighting going its way, the Sri Lankan government defended each new offensive as ‘limited’ or ‘defensive’ strikes intended to curb the LTTE’s offensive capability. A series of military victories resulted in extremely hawkish rhetoric from Colombo. The GOSL asserted that it intended to engage in peace talks only after delivering a substantial blow to the LTTE.

    That the Sri Lankan state is in such a belligerent mood after military successes is unsurprising. The Tamils have always been concerned that the Sri Lankan state never intended to share any substantial power with the Tamils and hence negotiations with the state will always prove to be futile. And with the battlefield victories the allure of crushing Tamil aspirations militarily would prove too tempting for Colombo.

    The foreign powers have meanwhile continued to voice their support for a peace process, but, more surprisingly, have also become more strident in their support for the Sri Lankan state; a paradoxical twist of policy.

    If the Sri Lankan state were becoming more militant and less compromising surely foreign powers might have been expected to become more forceful and to take measures to encourage Rajapakse’s hawkish administration to pursue a peaceful resolution.

    Which is why a series of policy statements issued barely a week before Geneva II by US US Assistant Secretary of State for Central and South Asian Affairs Richard Boucher were especially startling.

    Whilst continuing to pay lip service to the need for a peaceful resolution to the conflict, Mr Boucher, emphatically declared that the US viewed Sri Lanka as an ally, and would continue to assist Sri Lanka militarily, politically and financially in its conflict against the LTTE.

    He asserted Sri Lanka is a democratically elected government and as such it trusted Sri Lanka to deal with human rights in an appropriate fashion, and would offer assistance in areas that need improvement.

    Considering that during the history of the ethnic conflict Sri Lanka has failed to prosecute a single member of its armed forces, despite widespread and systematic abuses, suggests that the US faith in Sri Lanka is not merely mistaken oversight, but a clear assurance that it will turn a blind eye to the abuses.

    The Sri Lankan state has breached virtually every United Nations humanitarian protocol. It has inflicted collective punishments on a destitute people, including embargoes on food and medicine. It has bombarded civilian targets and its troops and paramilitaries have executed thousands of civilian, including hundreds this year also.

    As human rights groups now admit, the state is also complicit in the abduction of children by Army-backed paramilitary organisations for training as child soldiers.

    And the attacks go beyond just the theatre of war in the Northeast. Hundreds of Tamil politicians, members of the judiciary, teachers, journalists and humanitarian workers have been brazenly executed.

    The Sri Lankan state has waged a total and unrestrained war on the Tamil people and this year for the first time in the history of the conflict it has been in full view of the International Community, including the US.

    Thus, the most shocking aspect of the policy of foreign powers in Sri Lanka is their reversion to backing the state more resolutely, the more the state makes gains on the battlefield.

    The most glaring example of this is the shift in international positions on the Norwegian peace process it self.

    Prior to Geneva I, the international community, including the US, backed the need to implement the CFA as a first step.

    However, eight months and several military successes later, the US has echoed demand of the GOSL for talks to begin to focus on a final solution to the ethnic problem, rather than stabilisation of the fraying truce.

    Most disturbing was Mr Boucher’s insistence anew that the US will back Sri Lanka in the conflict against the Tamils, and, implicitly, that this backing is not dependent on Sri Lanka observing any humanitarian norms.

    Such unethical policy is not new to foreign involvement in the Sri Lankan question.

    After all, prior to the Tamil military successes of 2000, all the foreign powers in question, backed the Sri Lankan state militarily, politically and financially, despite horrendous and near-genocidal abuses against the Tamil people on the island.

    All that changed after the LTTE drove the Army from the Vanni, defeated its counterattack and shattered the Sri Lankan economy with the attack on Katunyake airport.

    What is shocking now is how quickly the international community’s reversion to the pre-2000 policies is taking place.

    The obvious implication is that international support for the peace process in 2002 was not some watershed event of recognising the need to address Tamil grievances, but rather a necessary tactical shift driven by the inability of the Sri Lankan state to resolve the conflict militarily.

    With the Sri Lankan military engaged in assaults on LTTE lines even the day before the negotiations were due to begin, it is clear that Geneva II was a charade. The international community has made no effort to get Rajapakse’s government to de-escalate the conflict.

    Perhaps the foreign powers are quietly confident that Sri Lanka’s military, after almost five years of respite, is capable of overwhelming the LTTE. As the question is explored, the Tamil people continue to suffer the Sri Lankan military’s atrocities.

    This newspaper has long asserted that the decision to engage the Tamils in a peace process and to recognise the need to resolve their grievances have been directly linked to escalating Tamil dominance on the battlefield.

    Initiatives of engaging the Tamil people in dialogue have never occurred during our darkest hours. From the 1983 pogrom to the ethnic cleansing in the early nineties, there has rarely been a murmur amongst the leaders of the international community.

    In the late 90’s, whilst the Sri Lankan state attempted to starve the Tamils, the world watched unaffected. Instead international actors were most vociferous in condemning the LTTE and focusing on issues such as child recruitment. The Sri Lankan state is presently involved in the massive abduction of Tamil children to be trained to fight the LTTE, but is yet to receive a single reprimand.

    The sole benefit of increasing international support for Sri Lanka amid the military’s ascendancy on the battlefield has been that the Tamil people will be divested of any illusions. They are, in fact, truly alone in their struggle for self rule.

    The members of the international community, which had projected themselves as honest brokers in resolving this decades long conflict, have demonstrated this year that fair adjudication is not their purpose.

    Instead they have reverted to the policies that the Tamils had been familiar with during the horrific periods of conflict: i.e. wholeheartedly backing the state’s war machine in the pursuit of their own interests.

    Lest we forget, the Tamil struggle has progressed a long way, coming through past periods of isolation and concerted hostility. It is unique for its lack of dependence on any foreign power. It has been the folly of many domestic and foreign governments to underestimate the determination of the Tamil people to win their freedom. It has been our folly, of late, to expect more from the international community.

  • Army prepares new offensives in Jaffna, east
    Even as negotiators representing the Liberation Tigers met with those representing the Sri Lankan government, the military in Jaffna and in the eastern province stepped up preparations for a major offensive, reports said.

    Apart from intensifying its shelling of LTTE-controlled areas in southern Jaffna and Vanni, over the weekend the military deployed additional troops and military hardware in the forward areas along the border separating the two sides.

    A curfew was imposed in villages Varani, Usan, Kachchai, Navatkadu, Eluthumaduval, Kodikamam, Meesalai East, Allarai and Thanangilappu in Thenmaradchi sector of Jaffna district.

    Despite the denial of curfew announcement in Colombo, Yarl FM, a local radio operated by the Sri Lankan military from Palaly military base in Jaffna, continued to broadcast the announcement.

    Meanwhile, Sri Lankan troops engaged in a major training exercise throughout Saturday night in Palaly, Thondamanarau lagoon and Valalai area in Vadamaradchy sector of the Jaffna district.

    The SLA rehearsal comes following a sudden visit by Sri Lanka Army commander Lt. Gen. Sarath Fonseka to Palaly Saturday, TamilNet reported.

    Lt. Gen. Foseka held a meeting with Maj. General G.A. Chandrasiri, Commander of the Sri Lankan forces in Jaffna, followed by a meeting with the commanders of Divisions 51, 52, 53 and 55 Saturday, TamilNet said.
    "When we are engaged in finding ways to de-escalate the military hostilities and address the unfolding humanitarian catestrophy, the Sri Lankan military engagement in Jaffna, further de-stabilizes the civilian life. The International Community is witness to Colombo's military agenda," the LTTE's Military Spokesman Irasiah Ilanthirayan, said.

    "Sri Lankan aggression, at this critical juncture, would have serious consequences," he warned, without elaborating.

    Meanwhile in the east province, the military fired artillery shells into LTTE-controlled Vaharai area on Monday night from 8.00pm till 5.00am.

    Vaharai was targeted in early October by a major offensive by Sri Lankan troops and paramilitaries, just days before the military a massive onslaught against LTTE positions in southern Jaffna.

    Both offensives failed amidst heavy LTTE resistance. In Vaharai up to 40 soldiers were killed in Vaharai whilst in Jaffna at least 130 troops perished in day long fighting.
  • LTTE outlaws child recruitment, labour
    The Liberation Tigers’ administration has enacted laws to protect the rights of children, including the making of education compulsory up to grade 11, outlawing the enlisting of children under 17 years in Armed Forces, making the participation of under 18-year olds in armed combat illegal, and proscribing all forms of child labour.

    The Tamileelam Child Protection Act 2006 (Act No. 03 of 2006) was enacted by Tamileelam Legislature Secretariat and became effective on October 15, Head of Tamileelam Judiciary, E. Pararajasingham, told TamilNet.

    The legislators studied child protection acts of other countries including Malaysia, Australia, the United Kingdom and Norway, and the existing international instruments before coming up the Act’s 83 sections.

    Regulations related to enlistment in Armed Forces is dealt with in Sections 36, 37(a), 37(b), 38(a) and 38(b) in Chapter 04 of the Act.

    Section 21 of The Child Protection Act defines the Armed Forces as the Army, Navy, Air Force of the Liberation Tigers of Tamil Eelam (LTTE), and the Tamileelam Police.

    "Our vision is that a fair and impartial Judiciary is the backbone of our society—that is what our struggle is about," Mr. Pararajasingham told reporters.

    He said the Tamileelam Legislature Secretariat started working on formulating the Child Protection Act in May, soon after completing the Tamileelam Land Act of 2006.

    "We were directed by LTTE Leader Pirapaharan to formalize into law the Rights of children, and penalties for violating these rights, within a framework consistent with the deeply held values of Tamil culture, tradition and history, and the international covenants on Rights of Child," Mr Pararajasingham added.

    The Act specifies Children's Rights on Education (Chapter 02), Protection (03), Enlistment in Armed Forces (04), Investigating Delinquent Children (05), Employment of Children (06), Birth (07), Parental Responsibilities and Rights (08), Penalties for Child-offenders (09), Custody and Guardianship (10) and Miscellaneous (11).

    The LTTE's Tamileelam Legislature has earlier enacted Tamileelam Penal Code and Tamileelam Civil Code in 1994.

    The Act prescribes criminal procedures and penalties for offences committed against children, Mr Pararajasingham said.

    The Tamileelam Child Protection Act prohibits employment of children below the age of 16, and prescribes employment of child labour as a crime punishable by two years of imprisonment.

    Children between 16 and 18, could only be employed with legal permission according to the Act.

    Sexual abuse, and exploitation of children for sexual purposes are punishable offenses with maximum twenty years and minimum five years of imprisonment.

    The Act attributes gratis education as State responsibility.

    Child welfare centers run by charitable organisations and NGOs are mandated to comply with Sections 75 to 81 in Chapter 10 of the Act.

    Only organisations approved by Tamileelam Administration are allowed to operate children's homes, and these organisations are expected to register with the district level administration.
  • Peace process turns on A9’s fate

    A waste of time. That is the widely expressed characterisation of the two days of Norwegian facilitated talks between the Sri Lankan government and the Liberation Tigers in Geneva over the weekend.

    Even as the talks approached, the omens were not good. No agenda was agreed or even discussed ahead of the talks – though both sides were bluntly telling the media what they were going to talk about.

    For the LTTE, it was the humanitarian crisis in which Tamils in many parts of the Northeast find themselves in the wake of government military offensives and reimposed or extended embargoes on food and medicine.

    The government said it wanted to speak about 'core issues' - i.e. a political solution to the island's ethnic conflict.

    The two approaches were irreconcilable. But the Norwegian facilitators were not daunted. They had a more limited objective: to get both sides to at least sit face-to-face across the table and agree on the dates of the next round or, even better, rounds.

    Last weekend’s talks resulted, despite Norway’s diplomatic assertion the Geneva talks came after requests by both sides, from intense international pressure.

    As both sides made manifestly clear, they themselves saw no purpose in the talks.

    Violence has been rising steadily over the year, the February 2002 Ceasefire Agreement (CFA) looking increasingly irrelevant. The international observers of the Sri Lanka Monitoring Mission (SLMM) are unable to cope with scale of the truce violations.

    After a series of successful offensives against the LTTE, the government is confident to can end the conflict with a military victory over the Tigers.

    The LTTE feels the international community neither can, nor wants to restrain the GoSL’s pursuit of a military solution.

    In September, the self-styled Co-Chairs – the United States, the European Union, Japan and Norway – met and demanded both sides resume negotiations.

    In an effort to pre-empt the points of dispute which aborted earlier efforts, the Co-Chairs even set out the venue – Oslo, dates – early October and an agenda – stabilisation of the CFA, strengthening of the SLMM, and finding a way forward to peace talks.

    Colombo bristled at being dictated terms to talk to ‘terrorists’ whilst the LTTE braced for an impending Sri Lankan offensive.

    However, earlier this month, after defeat for the offensive and killing over 130 soldiers, the LTTE carried out two major attacks outside the Northeast – a suicide bombing that killed 115 sailors and an attack on Galle naval base by suicide boats.

    The spiralling violence increased international alarm and led to increased pressure for talks.

    So did the soaring numbers of human rights violations. Abductions followed by murders, disappearances in military custody as well indiscriminate bombardments have led to over a thousand civilian deaths this year.

    "Developments in Sri Lanka in the past months have seriously endangered the peace process," said Switzerland Foreign Affairs Deputy Head Ambassador Heidi Tagliavini who gave the opening address.

    "Switzerland, as the depositary State of the Geneva Conventions, feels it cannot forgo its responsibility to remind the parties to the conflict of their obligations to respect International Humanitarian Law, in particular to protect civilians from the effects of armed conflict," she pointedly said.

    Switzerland’s best wishes and Norway’s encouragements did little to promote goodwill between the protagonists.

    Indeed, the only positive factor for the facilitators was that the parties met. As the Norwegians noted, “the parties deserve recognition for accepting this call by the co-chairs, coming for these consultations at a time when conflict is more apparent than peace in Sri Lanka.”

    “The parties agreed that the peace process will need to address the three following areas: (1) Human suffering (2) Military de-escalation and reduction of violence and (3) Political components leading up to a political settlement,” a Norwegian statement said.

    But no amount of Norwegian optimism could disguise the fact that, with divergent agendas the Geneva discussions were a fiasco.

    “Discussions were also held on the urgent humanitarian situation and the need to address the plight of a very large number of civilians,” Norway said.

    “Several issues were discussed. The LTTE requested the A9 to be opened. The Government refused to do so at this point. No agreement was reached between the parties on how to address the humanitarian crisis.”

    The A9 is the sole road to Jaffna on which supplies to the 600,000 residents must travel. The road has been closed since August.

    Perhaps most importantly, “no date for a new meeting was agreed upon.”

    Norway’s diplomats “will be in ongoing dialogue with the parties to discuss all possible ideas on how to move the peace process forward.”

    But the impasse now centres squarely on the A9 road.

    Infuriated by the government’s refusal to take steps to ease the humanitarian crisis gripping much of the Northeast, the LTTE has made the opening of the A9 a condition for further talks.

    “During the talks [we] pointed out the suffering of the people including access through highways and roads in all parts of the [Tamil] homeland,” the LTTE said in a statement.

    “The closure of the A-9 highway has resulted in open prison for more than six hundred thousand people in the Jaffna peninsula under the occupation of sixty thousand Sri Lankan military personnel.”

    The government countered that the sea route was available to supply food to Jaffna, even though ships could not keep pace with the demands formerly satisfied by up to 200 lorries a day along the road.

    The Tigers pointed out that the 600,000 people were being held prisoner on the peninsula.

    The closure of A-9 constitutes a new ‘Berlin Wall’ the LTTE said. “It is a violation of the CFA and the right to free movement resulting in separation of family members and causing untold human misery.”

    When the GoSL delegation argued that the closure of the A9 was not new and that it was closed between 1994 and 2002, the LTTE pointed out that that was a time of war and asked if by closing the road now, the government was intending to push the Tamil people to war, defeat them, and then negotiate with a subjugated people.

    Most importantly, for the Tigers, “no satisfactory explanation was given by the GoSL for the refusal to reopen the A-9.”

    The LTTE asserted the “the GoSL must be having a hidden military agenda.”

    Its suspicions were fuelled by hectic military activity underway in the peninsula, just as it was ahead of the major offensive launched by the SLA in early October.

    The LTTE asserted that it was at the table in Geneva because the international community led by the Co-Chairs had demanded talks.

    Moreover, the LTTE delegation said, it was prepared to discuss the CFA, the SLMM and restoration of normalcy precisely because these were issues highlighted by the Co-Chairs.

    The government delegation countered that it wanted to talk about ‘core issues’ rather than waste time on these issues.

    The LTTE countered that it too was ready to talk about core issues, even a political solution and demanded if the GoSL delegation had brought any proposals for this.

    The GoSL delegation admitted it had not, pleading the case that the ruling SLFP party had only just signed a pact with the main opposition UNP and that the All-Party Conference (APC) had, despite 10 months of deliberation, not come up with any proposals.

    The LTTE welcomed the pact signed by the two major Sinhala political parties, saying that once the Sinhala polity reaches a consensus with respect to the resolution to the conflict, the LTTE will enter into political negotiations with GoSL.

    However, the LTTE warned, it expects that by this time normalcy returns and a conducive environment created.

    Launching its own agenda at the talks, the government attacked the LTTE as undemocratic and accusing it of ruling by the gun.

    The LTTE replied that it is more committed to the democratic principles than the GoSL, pointing out that the Tamil armed struggle had erupted precisely because of the closure of democratic routes for the Tamil to make their demands first for equality and then for self-rule.

    The LTTE challenged the GoSL to repeal the sixth amendment as a token of its commitment to democracy and pluralism. (The sixth amendment to the Sri Lankan constitution prohibits peaceful advocacy for a separate state through democratic means.)

    The LTTE also challenged the GoSL to withdraw its armed forces from the Tamil homeland and allow the holding of a referendum under international supervision to ascertain the aspirations of the Tamil people.

    The government did not have a response to any of the challenges.

    Interestingly, during deliberation with Norwegian facilitators at the end of the first day, the LTTE agreed to a proposal to fix a date for next round of talks on the condition the A9 highway is opened before that date.

    However, the GoSL did not respond positively to the suggestion, and the LTTE now insists that the A9 must be opened before a date is agreed and has asked the Norwegian facilitators and the SLMM to facilitate this.


  • Dead End

    As had widely been expected, the talks between the Liberation Tigers and the Sri Lankan government in Geneva last weekend ended in fiasco. Not even the simplest of expectations – that the two sides would agree to meet again – was met. The irony is that even though most observers were certain nothing would come of these talks, there was intense focus on their outcome anyway. But as this newspaper argued ahead of Geneva 2, the manifest lack of goodwill on both sides and, more importantly, Colombo's unashamed pursuit of a military solution, should have been seen by the international community as problematic antecedents for peace negotiations. These significant obstructions to any peace process were both reinforced and illuminated by the developments in Geneva.

    The LTTE and GoSL arrived with entirely different preoccupations. The LTTE, quite rightly, focussed on the matters of current urgency: the humanitarian crisis affecting hundreds of thousands of Tamils, the spiralling violence and the fraying ceasefire. The government claimed it was interested in discussing the ‘core issues’ related to a political solution to the conflict. We say claimed, because when the LTTE unexpectedly agreed to discuss these core issues and asked for Colombo’s proposals, the government delegation admitted they had brought none. Indeed, just as in Geneva 1, the GoSL delegation imagined itself on some international stage and simply heaped vitriol on the LTTE for the duration of the talks – beginning with Chief Negotiator Siripala de Silva’s 80-minute address.

    There is a grave humanitarian crisis in several parts of the Northeast, particularly in Jaffna. This crisis has been brought about, moreover, by the deliberate actions of the Sri Lankan government. The UN agencies, the rest of the humanitarian relief community and many of the foreign embassies in Colombo are acutely aware of this. Yet the Sri Lankan government denied there is a crisis and its negotiators publicly dismissed the LTTE’s demand the A9 highway be opened as ‘irrelevant.’ The talks collapsed last weekend primarily because Colombo was simply not prepared to budge on the A9, irrespective of the suffering endured by the people of Jaffna or the implications its callous indifference made to the prospects for peace. And the reason for the government’s intransigence is obvious to all: the Sri Lankan military is preparing a fresh offensive on Elephant Pass along the A9.

    The international community is also partly to blame for both the humanitarian crisis and the failure of the talks. By reassuring and reinforcing the Sri Lankan state, even as it very publicly imposed embargoes on Tamil areas and prosecuted an undeclared war against the LTTE, the international community has devalued the Norwegian peace process and cheapened Tamil life. Barely days before the Geneva talks, senior US officials publicly praised the rightwing administration of President Mahinda Rajapakse and launched a vitriolic attack on the LTTE. When even the US publicly declares that it is backing Sri Lanka in its talks with the LTTE, why wouldn’t Colombo have adopted the intransigent and belligerent stand it did?

    We argued (yet again) last week that the international community's fetishisation of the mere mechanisms of talks over the need for suitable objective conditions would lead to fiasco. If Norway’s aim in Geneva was primarily to secure agreement for the parties to meet again, then it was destined to fail. The government believes the international community wants talks mainly to give peace a chance before Colombo is given the go-ahead to militarily destroy the LTTE. Last chance for the Tigers, so to speak. A conviction amongst many observers in Colombo and elsewhere that the LTTE is militarily weak has no doubt contributed to this.

    To begin with, seasoned observers may recall the numerous times the LTTE has been written off before. Whatever the true strength of the LTTE - and only the movement really knows that - recent events have lent new force to its argument that the Tamils are lost without its military strength. It is now clear that without the LTTE able to force concessions from the Sinhala-dominated state, the international community will simply pass the Tamils by whilst pursuing its own economic and strategic interests in the island. The events of the past year have done much to weaken the force of international norms, particularly those concerning human rights, good governance and the much exalted ones of democracy and pluralism.

    The question is what happens next. If Sri Lanka does not open the road then there will be no more talks. True, the LTTE has folded on similar ultimatums before previous talks. But Sri Lanka is about to escalate its war against the Tigers - with international backing. The Tamils are once again at that familiar junction: war for peace.

  • Demerger: lessons for the future
    The ruling by Sri Lanka Supreme Court on October 16, 2006 that the merger of the Northern and Eastern provinces into a single entity was unconstitutional, invalid, and illegal was intended as a body-blow to the Tamils claim for a homeland.
     
    The ruling serves to reinforce the Tamils’ conviction that they cannot expect justice from the highly politicized and Sinhala-dominated Sri Lankan judiciary. That conviction derives from the judiciary’s history of ruling against the interests of Tamils ever since the island was granted independence from Britain in 1948. Notably, all the judges on the panel which ruled against the merger were Sinhalese.
     
    The merger came out of the Indo-Sri Lanka Accord signed on 29 July 1987 by the then Indian Prime Minister Rajiv Gandhi and the then Sri Lankan President JR Jayawardene.
     
    Paragraph 1.4 of the Agreement states: “the Northern and the Eastern provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples, who have at all times hitherto lived together in this territory with other ethnic groups.”
     
    The acknowledgement that the Northern and Eastern provinces are the historical habitation of Tamil speaking people was well received by Sri Lanka’s Tamils and Muslims.
     
    The Accord stated that a referendum must be held by end of 1988 in the eastern province to enable the people there to decide whether they wanted to remain merged with the Northern province.
     
    Unfortunately, the referendum did not take place because the war that erupted between the Indian armed forces and LTTE in late 1987 continued for three years. Eventually, the Indian armed forces were expelled from Northeast in 1990. The merged entity continues to exist on account of a number of presidential orders that repeatedly extended the period for a referendum.
     
    A cunning politician, Sri Lankan President Jayawardene signed the pact primarily to co-opt India into destroying the LTTE for him. He was opposed to the merger of the Northern and Eastern provinces as a single entity but agreed to it as a tactic.
     
    His real motives were brought starkly to light in a statement he made to the National Executive Committee of his party, the United National Party, just a few days before signing the Indo-Lanka Accord.
     
    “Only one thing has to be considered. That is a temporary merger of the North and East,” he declared.
     
    “A referendum will be held before the end of next year on a date to be decided by the President to allow the people of the East to decide whether they are in favour or not of this merger.”
     
    “The decision will be by a simple majority vote... In the Eastern Province with Amparai included there are 33% Muslims, 27% Sinhalese and the balance 40% Tamils,” he said.
     
    “Then if the referendum is held by the Central government and the approval of those who return to the East is sought, I think a majority will oppose it. Then the merger will be over.”
     
    “What do we gain by this temporary merger?” the President asked before answering: “It would see the end of the terrorist movement.”
     
    From the outset, therefore, the merger of the Northeastern province was intended as a temporary one to overcome the difficult time faced by Jayawardene’s government.
     
    The President himself was facing political turmoil in Colombo. Jayawardene confirmed, at a press conference immediately after the signing the Indo-Lanka Accord, that, at the polls in the Eastern Province, he would campaign against the merger.
     
    Moreover, even on the issue of the merger, the Tamils cannot have a collective say. One must seriously wonder why the people of the Northern province were not entitled to participate in a referendum determining whether they remain merged with the people of the Eastern province.
     
    The ruling of the Sri Lanka Supreme Court is a serious diplomatic and political challenge to India, which after all, had underwritten the Northern and Eastern provinces as the traditional habitation of the Tamil people.
     
    It remains to be seen what, if anything, India intends to do now.
     
    For decades, the international community has ignored the relentless dismantling of the Tamils’ claim to their homeland. Successive Sri Lankan governments since 1948 have systematically colonized the Northeast, especially the East, with Sinhalese settlers.
     
    Coloniosation is still going on in the Eastern province. State land has been distributed to Sinhala people and to families of members of the armed forces. These Sinhala colonizers are given weapons ostensibly to protect themselves from LTTE, but in reality to ensure the gradual encroachment of Tamil territory cannot be checked.
     
    After 18 years of the merger, the ultra-nationalist JVP, an ally of the ruling SLFP filed three Fundamental Rights applications. The Bench of five Supreme Court Judges, on October 16, 2006, held that the Proclamation merging the North and East provinces as one entity had no force in law.
     
    The Bench ruled: "the Proclamation made by the then President declaring that the Northern and Eastern provinces shall form one administrative unit has been made when neither of the conditions … as to the surrender of weapons [by the Tamil militants] and the cessation of hostilities, were satisfied.”
     
    “Therefore, the order must necessarily be declared invalid since it infringes the limits which Parliament itself had ordered.”
     
    Notably, the Supreme Court refused to hear the petitions filed by challengers, both Tamils and Sinhalese, to the JVP’s petition.
     
    The JVP petitioners stated that their right to equality had been violated by the failure of the President to set a date for the establishment of a separate Provincial Council for the Eastern Province.
     
    They also protested what they said was a consequential failure to afford the petitioners, as well as other inhabitants, an opportunity to exercise their right to vote at an election for membership of such council.
     
    What this episode demonstrates is the fragility of constitutional changes, even when underwritten by powerful international actors such as India.
     
    Those advocating changes to the Sri Lankan constitution as a remedy for the deep-seated ethnic divide in the island are oblivious to these realities.
     
    Only the establishment of a constitutional arrangement which cannot be dismantled by a Sinhala-dominated political center or which is not subject to the Sinhala-dominated judiciary can constitute a lasting solution. Anything else would be a new ethnic conflict awaiting a trigger.
  • Geneva talks end in fiasco

    A waste of time. That is the widely expressed characterisation of the two days of Norwegian facilitated talks between the Sri Lankan government and the Liberation Tigers in Geneva over the weekend.

    Even as the talks approached, the omens were not good. No agenda was agreed or even discussed ahead of the talks – though both sides were bluntly telling the media what they were going to talk about.

    For the LTTE, it was the humanitarian crisis in which Tamils in many parts of the Northeast find themselves in the wake of government military offensives and reimposed or extended embargoes on food and medicine.

    The government said it wanted to speak about 'core issues' - i.e. a political solution to the island's ethnic conflict.

    The two approaches were irreconcilable. But the Norwegian facilitators were not daunted. They had a more limited objective: to get both sides to at least sit face-to-face across the table and agree on the dates of the next round or, even better, rounds.

    Last weekend’s talks resulted, despite Norway’s diplomatic assertion the Geneva talks came after requests by both sides, from intense international pressure.

    As both sides made manifestly clear, they themselves saw no purpose in the talks.

    Violence has been rising steadily over the year, the February 2002 Ceasefire Agreement (CFA) looking increasingly irrelevant. The international observers of the Sri Lanka Monitoring Mission (SLMM) are unable to cope with scale of the truce violations.

    After a series of successful offensives against the LTTE, the government is confident to can end the conflict with a military victory over the Tigers.

    The LTTE feels the international community neither can, nor wants to restrain the GoSL’s pursuit of a military solution.

    In September, the self-styled Co-Chairs – the United States, the European Union, Japan and Norway – met and demanded both sides resume negotiations.

    In an effort to pre-empt the points of dispute which aborted earlier efforts, the Co-Chairs even set out the venue – Oslo, dates – early October and an agenda – stabilisation of the CFA, strengthening of the SLMM, and finding a way forward to peace talks.

    Colombo bristled at being dictated terms to talk to ‘terrorists’ whilst the LTTE braced for an impending Sri Lankan offensive.

    However, earlier this month, after defeat for the offensive and killing over 130 soldiers, the LTTE carried out two major attacks outside the Northeast – a suicide bombing that killed 115 sailors and an attack on Galle naval base by suicide boats.

    The spiralling violence increased international alarm and led to increased pressure for talks.

    So did the soaring numbers of human rights violations. Abductions followed by murders, disappearances in military custody as well indiscriminate bombardments have led to over a thousand civilian deaths this year.

    "Developments in Sri Lanka in the past months have seriously endangered the peace process," said Switzerland Foreign Affairs Deputy Head Ambassador Heidi Tagliavini who gave the opening address.

    "Switzerland, as the depositary State of the Geneva Conventions, feels it cannot forgo its responsibility to remind the parties to the conflict of their obligations to respect International Humanitarian Law, in particular to protect civilians from the effects of armed conflict," she pointedly said.

    Switzerland’s best wishes and Norway’s encouragements did little to promote goodwill between the protagonists.

    Indeed, the only positive factor for the facilitators was that the parties met. As the Norwegians noted, “the parties deserve recognition for accepting this call by the co-chairs, coming for these consultations at a time when conflict is more apparent than peace in Sri Lanka.”

    “The parties agreed that the peace process will need to address the three following areas: (1) Human suffering (2) Military de-escalation and reduction of violence and (3) Political components leading up to a political settlement,” a Norwegian statement said.

    But no amount of Norwegian optimism could disguise the fact that, with divergent agendas the Geneva discussions were a fiasco.

    “Discussions were also held on the urgent humanitarian situation and the need to address the plight of a very large number of civilians,” Norway said.

    “Several issues were discussed. The LTTE requested the A9 to be opened. The Government refused to do so at this point. No agreement was reached between the parties on how to address the humanitarian crisis.”

    The A9 is the sole road to Jaffna on which supplies to the 600,000 residents must travel. The road has been closed since August.

    Perhaps most importantly, “no date for a new meeting was agreed upon.”

    Norway’s diplomats “will be in ongoing dialogue with the parties to discuss all possible ideas on how to move the peace process forward.”

    But the impasse now centres squarely on the A9 road.

    Infuriated by the government’s refusal to take steps to ease the humanitarian crisis gripping much of the Northeast, the LTTE has made the opening of the A9 a condition for further talks.

    “During the talks [we] pointed out the suffering of the people including access through highways and roads in all parts of the [Tamil] homeland,” the LTTE said in a statement.

    “The closure of the A-9 highway has resulted in open prison for more than six hundred thousand people in the Jaffna peninsula under the occupation of sixty thousand Sri Lankan military personnel.”

    The government countered that the sea route was available to supply food to Jaffna, even though ships could not keep pace with the demands formerly satisfied by up to 200 lorries a day along the road.

    The Tigers pointed out that the 600,000 people were being held prisoner on the peninsula.

    The closure of A-9 constitutes a new ‘Berlin Wall’ the LTTE said. “It is a violation of the CFA and the right to free movement resulting in separation of family members and causing untold human misery.”

    When the GoSL delegation argued that the closure of the A9 was not new and that it was closed between 1994 and 2002, the LTTE pointed out that that was a time of war and asked if by closing the road now, the government was intending to push the Tamil people to war, defeat them, and then negotiate with a subjugated people.

    Most importantly, for the Tigers, “no satisfactory explanation was given by the GoSL for the refusal to reopen the A-9.”

    The LTTE asserted the “the GoSL must be having a hidden military agenda.”

    Its suspicions were fuelled by hectic military activity underway in the peninsula, just as it was ahead of the major offensive launched by the SLA in early October.

    The LTTE asserted that it was at the table in Geneva because the international community led by the Co-Chairs had demanded talks.

    Moreover, the LTTE delegation said, it was prepared to discuss the CFA, the SLMM and restoration of normalcy precisely because these were issues highlighted by the Co-Chairs.

    The government delegation countered that it wanted to talk about ‘core issues’ rather than waste time on these issues.

    The LTTE countered that it too was ready to talk about core issues, even a political solution and demanded if the GoSL delegation had brought any proposals for this.

    The GoSL delegation admitted it had not, pleading the case that the ruling SLFP party had only just signed a pact with the main opposition UNP and that the All-Party Conference (APC) had, despite 10 months of deliberation, not come up with any proposals.

    The LTTE welcomed the pact signed by the two major Sinhala political parties, saying that once the Sinhala polity reaches a consensus with respect to the resolution to the conflict, the LTTE will enter into political negotiations with GoSL.

    However, the LTTE warned, it expects that by this time normalcy returns and a conducive environment created.

    Launching its own agenda at the talks, the government attacked the LTTE as undemocratic and accusing it of ruling by the gun.

    The LTTE replied that it is more committed to the democratic principles than the GoSL, pointing out that the Tamil armed struggle had erupted precisely because of the closure of democratic routes for the Tamil to make their demands first for equality and then for self-rule.

    The LTTE challenged the GoSL to repeal the sixth amendment as a token of its commitment to democracy and pluralism. (The sixth amendment to the Sri Lankan constitution prohibits peaceful advocacy for a separate state through democratic means.)

    The LTTE also challenged the GoSL to withdraw its armed forces from the Tamil homeland and allow the holding of a referendum under international supervision to ascertain the aspirations of the Tamil people.

    The government did not have a response to any of the challenges.

    Interestingly, during deliberation with Norwegian facilitators at the end of the first day, the LTTE agreed to a proposal to fix a date for next round of talks on the condition the A9 highway is opened before that date.

    However, the GoSL did not respond positively to the suggestion, and the LTTE now insists that the A9 must be opened before a date is agreed and has asked the Norwegian facilitators and the SLMM to facilitate this.


  • Heavy intervention shoring up rupee - UNP

    A collapse of Sri Lanka’s currency was being stymied by heavy intervention by the Central Bank, the main opposition party said Sunday. The central bank had spent 352 million dollars from January to September to defend the rupee, with 121 million dollars being spent from September 01 to 19, former Deputy Finance Minister and United National Party (UNP) parliamentarian, Bandula Gunewardene, told Lanka Business Online (LBO).

    Gunewardene charged that senior bureaucrats in charge of economic policy was deceiving President Mahinda Rajapakse, who is also the finance minister, and hiding their incompetence.

    “Inflation has now gone up to 17.2 percent, and oil prices are falling,” he said. “They can no longer say inflation is caused by rising oil prices. It is because they printing money to finance the budget deficit.”

    He said the in their time, the UNP had stopped printing money and brought inflation down to 3 percent despite rising oil prices.

    “The numbers speak for themselves. Can anyone deny that inflation is now 17.2 percent and the rupee is 108? Can anyone say that our total foreign reserves had not fallen?” he asked.

    He said the rupee was being devalued because the government was printing money to finance the forthcoming budget, and the rupee had been held at these levels through heavy central bank intervention.

    The UNP last month signed a cooperation pact with the ruling Sri Lanka Freedom Party (SLFP).

    The government is due to present its budget on November 16.

    The UNP has said it will not bring down the government raising questions as to whether the opposition had endorsed the government’s budget before it (UNP) had seen it.

    Responding to LBO’s question, Gunewardene distanced the UNP from the budget.

    “What we said was that we had no intention of bringing down the government by defeating the budget vote, not that we approve of the budget,” he said.

    “We were not consulted on the upcoming budget, our views were not sought and our input is not included in the budget.”

  • Iran to build 2 thermal power plants in Sri Lanka
    Iran will build two 300- and 500-megawatt thermal power plants in Sri Lanka, Iranian Energy Minister Parviz Fattah has said.

    Speaking to reporters after a meeting with his Sri Lankan counterpart W D J Seneviratne, Fattah said that an agreement on construction of the power plants would be signed by the two sides this week.

    He said Sri Lanka has been keen to bolster cooperation with Iran in the energy field, adding that "further talks with Sri Lanka on the subject of power plant construction will be held if the issue of the country's use of the Iranian forex credit is settled."

    He noted that a Sri Lankan delegation had visited Iran's power plants and thereby became familiar with the capabilities of Iranian experts, and said an Iranian expert delegation would pay a visit to Sri Lanka to discuss cooperation in the field of hydro-electric power.

    Fattah said that a number of Sri Lankan experts, under the agreement, would be trained in Iran.

    Meanwhile, Iran-Sri Lanka economic interactions, regarding the average price of oil in the last two years, were evaluated as much as 400 million dollars.

    Non-oil economic interactions, not including tea, are evaluated as much as 30 million dollars, Iran's minister of mining and industry, Alireza Tahmasebi, said.

    Tea adds another 20 million dollars, he said.

    Tahmasebi expressed hope that Iran and Sri Lanka would enhance economic ties especially in the export of technical services.

    He also named, building of cement making, car manufacturing and steel factories and transferring science and technology in discovery and exploitation of mines by Iranian experts as the promised terms to Sri Lanka by the Iranian side.

    For his part, Sri Lanka's minister of industry also asserted on the enhancement of Iran-Sri Lanka industrial ties.

    "Iran's industry possesses a good level of technology and we demand Iran's cooperation in the fields of automobiles, agriculture, cement producing factories, trucks and tractor manufacturing factories, discovery of iron mines and exploitations," he said.
  • Sinhalese celebrate demerger amid Tamil anger

    As Sinhalese nationalists celebrated the Supreme Court’s ruling that the 1987 merger of Sri Lanka’s North and East was illegal and null, Tamils reacted with anger, seeing it as an attack on their assertion of a homeland on the island.

    The merger, effected in the Indo-Sri Lanka Accord, was successfully challenged by the Sinhala nationalist JVP and the hardline Buddhist JHU party, was two weeks ago declared by a five-bench Supreme Court as being “unconstitutional, invalid and illegal”.

    Last Wednesday, all the districts of the Tamil-dominated NorthEast shut down in response to a call by the Tamil National Alliance (TNA) to protest and unitedly express Tamil opposition to the Sinhala rightwing government’s move to officially split the NorthEast.

    Very few vehicles plied the streets, shops remained closed, businesses and private institutions remained closed and the Tamil towns in the Sri Lanka Army (SLA) controlled areas of Batticaloa, Trincomalee, Vavuniya, Mannar and Jaffna were deserted, reports said.

    Despite threats by SLA soldiers and Tamil paramilitaries to shopkeepers in Jaffna, warning that they would not be allowed to open their shops again if they were not open on the Wednesday, all shops were shut.

    In Batticaloa, cadres of the paramilitary Karuna Group threatened civil service officials and business owners not to support the protest against the de-merger.

    "All public offices must work. Transportation must flow as usual," according to a leaflet issued in Tamil by paramilitary operatives under the pseudonym "Theendum Padai" (Biting Force). The leaflet had warned Tamil business owners that the shops being shut down on the protest day would be confiscated.

    Meanwhile, JVP Parliamentary Group Leader Wimal Weerawansa said not only the court order but the day it was issued on was of historical significance.

    “The inhabitants [of this island] rose up in rebellion against the first white governor and against the British imperialism on a day like today in 1818,” he said.

    “So it is remarkable that this order which will have an enormous impact on the so-called Eelam concept was made on such a day.”

    The ultranationalist North and East Sinhala Organisation (N-ESO) President Ven Senpathiye Ananda Thera said the government in the past had turned a deaf ear to earlier calls by his group to de-merge the North and the East.

    “The majority of the people would be happy about this court order as it was a defeat for the LTTE,” he said.

    In contrast, the Tamils see the de-merger as designed to deny the Tamils their assertion of a traditional homeland on the island.

    The TNA called on Sri Lanka’s President and government to “immediately take necessary action to validly restore the Status Quo Ante pertaining to the constitution of the North-East as one Unit.”

    The TNA gave the government until November 7 to respond favourably.

    “[The North and East were] merged through the Indo-Lanka Peace Accord, based on the sound principle of recognising the northeastern provinces, as the historical habitation of the Tamil-speaking people,” noted TNA parliamentarian Gajendrakumar Ponnambalam in an interview with the Sunday Leader.

    “[The Supreme Court] seems to hold the view that the merger is invalid due to a technicality, which is the process, through which the merger was brought about,” he notes.

    “Our view is that the merger has to remain. The government will have to take immediate steps to validly constitute the northeast as one unit,” he said.

    "We see the situation as a declaration of war against Tamils," TNA Jaffna district MP M.K. Sivajilingam told the Daily Mirror.

    The de-merger ruling, sought by President Mahinda Rajapakse’s political allies, comes despite pointed international opposition to it.

    Asked about the Court ruling, US Assistant Secretary of State for Central and South Asian Affairs, Richard Boucher said the timing of the “unfortunate” issue of the de-merger raised lot of questions.

    He was referring to the ruling coming just weeks before the Tamil Tigers and the government were to meet in Geneva for internationally demanded talks to end the rising tide of violence.

    "[The merger of the North and East] is one of the fundamental assumptions of the whole negotiations and therefore, … it does raise some issues for all the parties, about how they are going to approach these both in terms of the court decision and in terms of negotiations," Mr. Boucher said.

    India has also been consistent in its opposition to the de-merger, a point made by the Indian leadership to President Rajapakse just weeks ago.

    India had insisted the Northeast Province should not be de-merged without a referendum, and such a referendum would only be possible when there was a "conducive atmosphere" in place.

    The co-chairs of Sri Lanka’s donor community – the United States, Eureopean Union, Japan and Norway - also express similar views recently.

    At their meeting in Brussels on September 12 they cautioned “there should be no change to the specific arrangements for the north and east, which could endanger the achievement of peace.”

    The northern and eastern provinces were merged according to the Indo-Sri Lanka agreement signed in 1987 by then Sri Lankan President, J. R. Jayawardene, and then Indian Prime Minister, Rajiv Gandhi.

    The temporary merger of the two provinces, with a condition that a referendum should be held to merge the provinces permanently, still continues and a Governor appointed by the President is now administering the North East Provincial Council established under Sri Lanka’s 13th Constitutional Amendment.

     

  • Jaffna humanitarian crisis worsens
    Over two months after the only supply road to Jaffna was closed by heavy fighting, the humanitarian crisis in the northern peninsula is reaching critical levels, with food and fuel running out and the Sri Lankan government refusing to open the A9 highway.
     
    And amid mounting international concern, the government insists ample food is available in the Jaffna peninsula.
     
    At the Norwegian brokered talks over the weekend, the first between the two sides since February, the Sri Lankan government rejected the LTTE’s raising the issue of the A9, saying the matter was an irrelevant trifle and demanding instead that a political solution be taken up for discussion.
     
    But aid workers and residents civilians complain that over half a million people in Jaffna are now living on just one meal a day.
     
    Even the limited sea-based supplies of food had not reached them for over 10 days amid turbulent seas, reports said. Food prices had once again skyrocketed in the absence of fresh supplies.
     
    Civilians in Jaffna last week warned that if urgent steps are not taken to transport food to the peninsula, the security forces ran the risk of facing angry civilian mobs, The Sunday Leader reported.
     
    The United Nations top relief official has also protested the lack of access for relief agencies to civilian communities in the conflict areas.
     
    "As the Global Emergency Relief Coordinator, I have been shocked by the lack of access for relief agencies to civilian communities in many conflict areas," Jan Egeland said.
     
    “[Both] the government and the LTTE should be reminded that they are under international legal obligation to enable unimpeded access to civilians in need of assistance irrespective of where they are or the circumstances under which they live.”
     
    Even within days of the A9’s closure in August, Human Rights Watch said half a million residents in the peninsula were facing food shortages and unable to reach areas safe from the fighting.
     
    The Sri Lankan military, which launched an abortive offensive against the Tamil Tigers along with A9 is opposing the reopening of the highway, fuelling suspicion another offensive is being readied.
     
    Supply lines to the northern peninsula by air and sea have been disrupted by bad weather and also because international agencies such as the International Red Cross have refused to escort government convoys, citing security reasons.
     
    Although government agencies have continued to sporadically supply the peninsula, aid agencies warn that if something is not done soon, the results could be disastrous for the 600,000 civilian population there.
     
    The results of months of shortages have begun to show, with school children failing to attend schools as malnutrition takes hold, press reports said. Teachers have even reported cases of children fainting in schools.
     
    “No citizen of Sri Lanka should be forced to depend on uncertainties, such as if a ship will arrive in the coming weeks or not,” the head of the international peace monitors in Sri Lanka, Lars Solvberg, told IPS after returning from a tour of Tamil areas in the northeast.
     
    He described the situation as ‘'totally unacceptable.''
     
    Sri Lanka’s main Tamil political party wrote to the Liberation Tigers and the United Nations last week urging action to open the A9 and accusing the Sri Lankan government of using the situation as a weapon of war.
     
    The Tamil National Alliance (TNA) appealed to LTTE to take-up the opening of the A9 highway as a matter of top priority at last weekend’s talks in Geneva.
     
    The LTTE made the humanitarian crisis its prime focus in the inconclusive negotiations.
     
    “The Jaffna peninsula is a humanitarian catastrophe waiting to happen,” the TNA noted, adding that “since the closure of the A9 highway … the humanitarian situation has reached critical levels.”
     
    The TNA said that the Jaffna peninsula, with 653,755 people, requires 11,000 metric tons of food supplies per month.
     
    But over the last three months, only 14,000 metric tons of food items had been sent in total by ship, resulting in a short fall of 19,000 metric tons, the MPs’ letter said.
     
    The MPs also noted that fuel levels are grossly insufficient, but added that they are unable to provide details because “official figures are being withheld” by the Sri Lankan government.
     
    “Due to the severe shortage of all conceivable items in the Jaffna peninsula, families are forced to stand in queues that stretch for miles on end,” the letter notes, adding that the queues start forming as early as 4am.
     
    The MPs appealed to the LTTE to take-up the opening the A9 highway “as a matter of top priority” at the talks in Geneva.
     
    They also appealed to the UN High Commissioners for Human Rights and Refugees, protesting that the Government of Sri Lanka was using the humanitarian crisis as a tool of war.
     
    “It is our humble submission that the manner in which the [government] has been conducting military operations demonstrates the intent to inflict maximum harm on the Tamil civilian population,” the TNA said in the letter to the UN.
     
    "It is [also] our submission that the GOSL’s plan is to progressively exclude the International Community, diminish its involvement in Sri Lanka and, in particular, its ability to witness the curtailment of humanitarian and human rights abuses and ensure their eventual withdrawal, so as to be able to unleash, unfettered indiscriminate, even genocidal attacks against the Tamil people," the TNA said.
  • Indian reservations over SLFP-UNP pact

    India is “happy but not overtly jubilant” over the recently signed pact between Sri Lanka's two main political parties, reported the IANS news agency.

    The Indian assessment is that the agreement between the Sri Lanka Freedom Party (SLFP) and the main opposition United National Party (UNP) is indeed crucial, but “it needs to be watched what and where it leads to”.

    “The Indian establishment feels that the SLFP-UNP pact would prove beneficial to Sri Lanka even if it results in their genuine cooperation on any of the issues covered by the agreement and not just the ethnic conflict” the IANS report said.

    But, it stressed that almost all Indians underline that the pact is “just a good political beginning and that Sri Lanka's road to peace is going to be long and tortuous even with the backing of the international community”.

    The report stated that the agreement would “prove to be truly path-breaking only if - and policy makers emphasize it is no small if - it helps in an ultimate resolution of an ethnic conflict that has bled Sri Lanka”.

    The two-year accord covers six key areas: the ethnic question, good governance, electoral reforms, strengthening the economy, pursuing educational reforms and social development.

    Since the signing of the 2002 Norwegian brokered ceasefire agreement between the LTTE and the Sri Lanka government, “India has been repeatedly emphasizing to the Sri Lankan political leaders the necessity to put aside petty differences and team up on the burning ethnic issue” the report said.

    It added that Prime Minister Manmohan Singh and Indian external affairs officials have stressed this at every interaction with Sri Lankan officials, including in Havana in September on the sidelines of the summit of non-aligned nations.

  • SLFP-UNP agreement met with caution

    The agreement signed last week by Sri Lanka’s two main parties to cooperate on crucial problems facing the island, including the ethnic conflict and managing the economy, has been met with cautious optimism as well as scepticism.

    Representatives of President Mahinda Rajapakse’s ruling Sri Lanka Freedom Party (SLFP), and the main opposition United National Party (UNP) signed the 10-clause cooperation accord to implement a four point common national agenda in a televised ceremony Monday last week.

    The SLFP-UNP deal is to last for two years.

    “We have all agreed here that the only way forward is a political solution to peace,” UNP leader Ranil Wickremesinghe said after the signing ceremony.

    “Without stability, the country cannot develop,” he added.  “This agreement today is to achieve peace and a political solution to national question.”

    Mr Wickremesinghe said the agreement sought to pave the way for a better political culture and environment where importance is given to gathering in harmony, discussing in harmony and dispersing in harmony.

    President Mahinda Rajapakse declared: “we are moving in a new direction of political understanding and consensus, as seen in India and other countries.”

    He then invited the two Sinhala nationalist parties, JVP and JHU – both of whom had crucially supported his presidential campaign in November 2005 – to also join the government.

    “We have placed the country first,” President Rajapakse said. “With this coming together it would be possible to eliminate terrorism, and build a country at peace where all people can live together without fear.”

    JHU parliamentary group leader Athuraliye Rathana told the BBC Sinhala service that his party supports the UNP-SLFP agreement as it united the Sinhalese.

    The agreement was signed for the SLFP by General Secretary Maithripala Sirisena and for the UNP by Chairperson Malik Samarawickrema, with the ceremony taking place at the President's official residence in Colombo.

    Under the agreement, the UNP will “extend support to the Government in the pursuit of a negotiated settlement to the on-going conflict.”

    The common national agenda includes four identified issues: Conflict in the North & East, Electoral Reforms, Good Governance and Social Development

    The proposed structure for collaboration, including the modalities for collaboration, will be “implemented at an early date after further direct discussion between the two Leaders and acceptance by the appropriate bodies of each of the two Parties’” the agreement stated.

    The SLFP-UNP agreement is ‘significant’ reported Bloomberg.

    “A bipartisan attempt to solve the longstanding ethnic conflict between the Sinhalese and the Tamils is an unprecedented innovation for Sri Lanka, which has tried all else – including armed intervention by neighbouring India and third-party mediation by Norway – without much success.”

    “Bravo, They Did It,” said a Daily Mirror headline, while a Daily News editorial called it “a historic day in the post-independence political history of Sri Lanka.”

    “This agreement helps bring about a convergence on a political solution, especially on power sharing, in the peace process,” said Jehan Perera, director of the National Peace Council, a Sri Lankan non-governmental peace advocacy organization.

    “The government will be assured of a two-thirds majority in parliament to pass legislation when reaching agreement with the LTTE.”

    “There's cautious optimism in the market that a common political agenda will add more weight in coming to a negotiated peace settlement,” Sriyan Gurusinghe, general manager at Ceylinco Stock Brokers Ltd. in Colombo, told Bloomberg.

    But others were sceptical, with many arguing that whilst the bi-partisan concensus looks good on paper, it was doubtful it would last.

    “We are closely watching [the two parties],” said Tamil National Alliance (TNA) parliamentarian, Gajendrakumar Ponnambalam.

    A bipartisan approach is needed to stop the ethnic outbidding, he said, adding “[the agreement] will at least have the Sinhala leaders becoming a bit honest with their own people.”

    India has also reacted with cautious optimism to the signing of the agreement.

    The Indian assessment is that the agreement between the SLFP and the UNP is indeed crucial, but “it needs to be watched what and where it leads to,” the IANS news agency reported.

    Norwegian development minister Eric Solheim welcomed the “move to build a southern consensus.”

    The LTTE has in the past complained that unless the Sinhalese political parties made up their minds on how much they were willing to concede, it was impossible to negotiate.

  • FMM condemns burning Tamil dailies in Batticaloa

    A Sri Lankan media watchdog last week condemned the burning of 10,000 copies of popular Tamil dailies by Army-backed paramilitaries in the restive Batticaloa district.

    Registering its “strong condemnation of continuing threats and harassments to Tamil language media in Sri Lanka” the Free Media Movement (FMM) said the burning last Monday was “the latest incident of series of killings, harassments and threats directed towards Tamil language media in Sri Lanka.”

    The incident occurred in the government control Kiran region of Batticaloa, near the Kiran regional Secretariat.

    An armed group of 10-15 men, reportedly cadres of the paramilitary Karuna Group, had stopped the private passenger transport bus and a van carrying the copies of Virakesari daily and metro News to be distributed in the Batticaloa district.

    The men had then burned the papers in the van, consisting of nearly 10,000 copies of the Virahesari and an unknown quantity of the metro News, at a compound opposite the Secretariat.

    The gunmen took away bus driver's hand phone and asked him to collect it at the office of the Karuna Group, TamilNet reported.

    The FMM pointed out that the Karuna Group has political offices in government controlled areas in the east and in Colombo, and is protected by Sri Lankan security forces.

    The Virakesari is the only Tamil language newspaper which has been distributed in the east for some time now, the FMM press release said.

    “Other two Tamil dailies Sudar Oli and Thinakural, were banned in the beginning of the year in Batticaloa and Amparai allegedly by the Karuna Group,” the statement said.

    “According to Sudaroli management one third of their circulation has dropped due to this ban,” it noted.

    The FMM urge the government to take urgent steps to reverse the situation, “so that Tamil language news papers will be able to distribute freely and people living in the Eastern province of Sri Lanka will have the choice of reading what ever newspaper they like.” 
    Earlier in August, paramilitaries collaborating with the Sri Lanka Army had threatened the owner of Surena Travels not to deliver the Sudaroli and Thinakural newspapers to Batticaloa distrobutor.

    On August 5, paramilitary cadres burnt the Sudaroli, Thinakural distributor's shop in Batticaloa, despite it being located 75 meters from a Sri Lankan military camp.

  • Violent incidents in the NorthEast – week ending October 29

    October 29

    ● Two gunmen riding a motor cycle shot and killed Sellathurai Sutharsan, 27, of Urumpirai, an auto rickshaw owner, while he was standing in front of his house.

    ● A fisherman fishing in Silavattai Sea in Mullaithivu district was killed and another injured when the SLN attacked them. Ariveeran Murugappan, 66, father of two, who was displaced from Udappu in Mannar district and living at Selvapuram in Mullaithivu, died in the incident. Veerapathiran Nagarasa, 49, father of six, who was operating the engine at the time of attack and escaped with injuries, is a resident of Selvapuram in Mullaithivu. "We signaled that we were civilians by waving white clothes, but the Sri Lanka Navy sailors, ignored our signals, opened fire and drowned our boat," said Nagarasa, who had managed to swim ashore with his companion's body.

    ● Six civilians were killed and one seriously injured when a bomb, allegedly carried by a bicyclist, exploded in Udupiddy, Vadamaradchy. While the body of the person who allegedly carried the bomb has not been identified, the five other victims were pedestrians identified as Tharmalingam Rasavi, 54, of Udupiddy, Wijethas Sivendran, 18, and Selvamanickam Gnanendran, 16, both of Valvetitturai, Rasathurai Sasikaran, 23, of Kerudavil, Thondamanaaru, and Tharmalingam Sivanandan, 17, of Imayanan, Karanavai South.

    ● Gunmen shot dead Suntharalingam Govindan, 16, of Mankadu in Chettipalayam and seriously injured two others at Vantharumoolai Market Road in Eravur. One of the injured was identified as Govindan’s younger brother, Suntharalingam Ramesh, 14, and the other as Kishore Uthayakumar, 15, from Periya Neelavanai.

    ● Attackers, believed to be paramilitary operatives, lobbed six grenades at the house of Vanni district TNA parliamentarian Sivanathan Kishore, in Rambaikulam, 1 km east of SLA controlled Vavuniya. The parliamentarian, who was at his house, narrowly escaped injury. A policeman providing security to the parliamentarian was wounded and police said they recovered two unexploded grenades.

    ● Gunmen shot and seriously injured Thampipillai Ranjan, 28, a father of two from Karayakanthivu in Kannankuda, as he was on his way to fish in a pond close to his house in LTTE held territory in Batticaloa.


    October 28

    ● Armed men opened fire on a house Vipulananda Road in Vantharumoolai, Eravur, seriously injuring three young siblings and a baby. The injured were identified as Pathmanathan Selvaranee, 19, Pathmanathan, 17, Pathmanathan Vinothini, 11 and Yathurshan, 01. Yathursan’s family are neighbours of the Pathmanathan siblings.

    ● Nalliah Sivakumar, 42, was shot dead by at Mallikaitheivu in Muthur division.

    ● Two LTTE cadres, allegedly on leave visiting their parents, were shot dead by the SLA in two different interior villages in Batticaloa. Representatives of the ICRC have made arrangements to transfer the bodies to the LTTE.

    Jeyasri Kunasekaran, alias Nanthaseelan, of Palachcholai, Kakkachchiveddai was killed in 39th Colony, a boarder village between Amparai and Batticaloa districts. Sivappirakasm Rajan, alias Ranjanithevan, of Vijayan Stores road, Kalkudah, Valaichchenai was killed at Nasivanthivu.

    Earlier, Valaichchenai Police said that SLA had shot dead a youth in Nasivanthivu and had recovered a T56 assault rifle. Also, Amparai Police had claimed that the STF camp at 11th Colony, Bakkiyella, on the Batticaloa ­ Amparai border, came under attack around and that STF had repulsed the attack. In the ensuing search operation STF had recovered two bodies of LTTE cadres and two T-56 rifles, the Police had claimed.

    The LTTE said that the SLA soldiers had killed two unarmed LTTE cadres and had staged their bodies placing weapons nearby to make it appear they were cadres who participated in attacks against the SLA.





    ● A field officer attached to Non Violent Democrative Activities Group (NVDAG), a local NGO, who disappeared Wednesday after being interrogated by SLA troopers stationed along the A9 between Chemmani Road junction and Ariyalai Mampalam junction, was released. Thiyagarajah Sajinthan, 28, from Nunavil, Chavakachcheri, set out from the NGO office located at Nunavil along the A9 highway and was stopped by the SLA in the Chemmani area. Sajinthan declined to reveal details of his abductors but said that he had returned home safely.



    ● A police constable was injured when assailants hurled a hand grenade towards the police officer on Pannaicholai Road in Eravur.



    ● A member of the paramilitary Karuna Group was shot and seriously injured when gunmen fired at a group of cadres walking from Pillaiyar Temple along Badulla Road to the paramilitaries' office in Chenkalady, Batticaloa. Kanagaratnam Suthersan, alias Sarangan, 19, was rushed to Batticaloa hospital.



    ● Three SLA troopers were injured when assailants triggered a claymore mine targeted at a SLA road patrol in Veppankulam, Vavuniya.



    ● Three SLA troopers were injured in a claymore ambush on their military vehicle in a depopulated area between Nagarkovil and Eluthumadduval, behind the SLA FDL. Assailants triggered the claymore mine at a location near Maruthadikulam, where a high ranking SLA officer was killed and two SLA troopers injured in a similar attack nearly three months earlier.



    ● An SLA soldier was killed when gunmen hurled a hand grenade at a sentry near Saraiyadi, Vadamaradchy along the Point-Pedro - Jaffna Road.



    October 27



    ● An SLA offensive towards LTTE controlled Vaharai in the East was repulsed by the Tigers. "Around 300 Sri Lankan troopers launched a ground offensive backed by artillery and mortar fire from Welikande and Karadikkulam SLA camps and entered our territory via Thirukkonamadu at 7:30 a.m.," said LTTE Military Spokesman Irasiah Ilanthirayan, speaking to the media from Geneva, Switzerland.



    ● Two SLA troopers, who were part of a foot patrol, were seriously injured when assailants triggered a claymore mine along Jaffna-Point Pedro Road in Aavarangal, Valigamam East. SLA troops cordoned off a large area in Aavarangal and conducted a search operation. Nearby pedestrians were indiscriminately attacked by SLA troopers brought to the area following the claymore attack, and vehicular traffic along the heavily used Jaffna- Point Pedro road was blocked for more than two hours during the search operation.



    ● Gunmen shot dead Murugupillai Poopalaratnam, 65, of Thevapuram, Murakodanchenai, Eravur. The assailants called the victim out of his house, shot him at close range, and escaped.



    ● The owner and operator of a mini-cinema was shot dead by gunmen inside a jewellery store in Kannathiddy junction, Jaffna town. Veerasingham Chandramohan, 42, from Kasturiar Road, Jaffna operated a mini-cinema near Jaffna Hindu College. A few months earlier, arsonists had set fire to his cinema theatre after threatening Chandramohan for showing socially-degrading films, including pornographic ones.



    ● The bodies of two youths were found at 3rd mile-post, near Chelvanayagapuram, Trincomalee. They had been killed Thursday night by unknown gunmen.



    October 26



    ● The Sea Tigers and SLN clashed for 5-hours in the Kilaly Bay. SLN gunboats off Kerathivu had mistaken Sea Tiger patrol vessels in Sangupitty area as an LTTE attempt to launch an attack on Jaffna, an anonymous SLN told TamilNet. LTTE vessels alleged to have set off from Pooneryn Munai via Sangupitty jetty area toward the Kilaly Bay, were observed by Keratheevu naval troops who began the attack on the Sea Tigers. The SLA, based in Gurunagar, Pasaiyoor, Ariyalai east, southern and western parts of Thenmaradchy, Kokilakandy, Thanagkilappu and Keratheevu, supported the SLN with heavy mortar and artillery fire launched form their positions. The LTTE retaliated from its Sangupitty base.



    ● Three Karuna Group cadres were killed and eight injured when a fellow cadre, who had recently joined the paramilitary group, lobbed grenades and shot at them. The cadres had been asleep inside the Chenkalady Pillayar temple, close to the SLA Black Bridge camp, when the attack occurred. The cadre who attack had escaped from the area. The three dead were identified as M. Vasu, K. Arunan and M. Mano, while the eight injured were identified as Kajan, 39, Aynkaran, 37, Imayavan ,21, Arunan, 40, Shanthan, 35, Suntharamoorthy, 27, Srithavan, 46, and Kalaiarasan, 16.



    ● The SLA began firing began firing artillery shells and Multi-Barrel Rockets into LTTE controlled Panichchankerni area from its Mankerny base.



    ● One man, three teens and two children, collecting vegetables in a field located on Chelvi Theatre Road, Chenkalady, Eravur, were seriously injured when a bomb, concealed in a plot of spinach in the garden, exploded. Kanagasooriyam Rajendran, 40, Sathananthan Maithili, 19, Sathananthan Yaso, 16, Kanthasamy Shanthini, 14, Kanthasamy Shantharoopan, 11 and Kanthasamy Rajkumar, 2 were identified as the injured. Mr Rajendran and the children tend to the vegetable garden, and pick vegetables every morning.




    October 25



    ● Mr. Padmakumara, 27, a Sinhalese, was shot dead by gunmen in the Thekangkaadu area of Vavuniya, but motives for the killing have not yet been established.



    ● Maheswaran Kaneswaran, 21, was seriously injured when gunmen called him out of his house in Thalankuda, Batticaloa, and shot at him before escaping.



    October 24



    ● Vinasithamby Gunaseelan, 22, a building mason from Pillayar Kovil street in Chunkankerny, Valaichenai, was seriously injured when unidentified persons waiting in ambush opened fire as he was riding his bicycle to work.



    ● Ms. K. Ariyamany of Pethalai, 30, was caught in the cross fire between two rival groups and was seriously injured at Vinayagapuram, Valaichenai. Such clashes have become frequent with increasing incidents of infiltrations by Karuna paramilitary group cadres, villagers said.



    ● A SLA soldier was injured when a claymore was triggered along Udupidy-Vathiry road in Vadamaradchi, Jaffna.



    ● A SLA trooper was killed in a claymore explosion near Athiyady Kovil on Beach Road in Valvettithurai, Jaffna. Soon after, SLA troopers shot dead a youth in the vicinity. The SLA said the youth tried to escape after hurling a grenade at them, killing one of the soldiers, but local witnesses said that youth was walking along Beach Road when the SLA shot at him.



    October 23



    ● A civilian and a police sergeant were seriously injured when a mortar shell exploded near a police sentry point on the Vavunathivu SLA FDL. Sinnathamby Sinnavan, 55, a tractor driver, and Sergeant K. Wickremesinghe, 36, were both admitted to Batticaloa hospital.



    ● The SLN arrested three Muslim villagers of Puthukudiruppu, Mannar, for allegedly transporting fuel to LTTE held villages. The SLN seized seven barrels containing 210 litres of diesel, two fibreglass boats and a truck from the suspects, Mannar Police said.



    ● Armed men stopped a lorry, shot dead the driver, Prabath Jayasinghe, 28, of Galle, and injured another man at Poonthodam in Vavuniya. Monday around 10:30 a.m. said Vavuniya police.



    ● Paramilitary cadres, allegedly of the Karuna Group, set fire to regional Tamil dailies in Batticaloa (see separate story).



    ● Nadarajah Inthiran, 23, was found lying with gunshot injuries at the Hali Oluwa junction in Seruvila, Serunuwara. He was taken to hospital, where he died.



    ● Five Tamil youths were abducted from Thiriyai, Trincomalee, by unknown armed persons.

    B. D. Wijetunga, 42, the commanding officer, Artillery Division of Kommathurai military camp, was seriously injured during a gunfire exchange with gunmen near the Eastern University campus in Vantharoomoolai, Batticaloa. He was admitted to Batticaloa Hospital, where he succumbed to his injuries. The clash occurred after a convoy of SLA soldiers going on vacation had passed the area, and was targeted at the troops providing protection.

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