The Hindu : Implications of the LTTE proposals

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Monday, Nov 03, 2003

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Implications of the LTTE proposals

By Iqbal Athas

The demands for an Interim Self-Governing Authority made by the eight-page document are clearly outside Sri Lanka's Constitution and laws.

TIGER REBEL leader Velupillai Prabakaran wants to rule Sri Lanka's North-East, two-thirds of the island nation's landmass, and four-fifths of the seacoast for five years. What will follow next if no settlement is reached by then — whether there will be a stalemate, a war, or a state of Eelam, a new southern neighbour for India — remains a matter for conjecture.

But that in effect is the essence of the much-awaited proposals from the Liberation Tigers of Tamil Eelam (LTTE). "It is essential that any interim governing authority [must] have plenary power" to "accomplish the immediate return, resettlement, and rehabilitation of tens of thousands of internally displaced persons and refugees, and in order to reconstruct the North-East's economic, educational, and cultural infrastructure." This is what the organisation's political wing leader, S.P. Tamilchelvan, told Norway's Ambassador Hans Brattskar after handing over the proposals in rebel-held Kilinochchi.

The demands for an Interim Self-Governing Authority (ISGA) made by the eight-page document are clearly outside Sri Lanka's Constitution and laws. The arrangements demanded will be without any Government control. Yet the rebels want funds from the Government, including those accruing from the North-East. The use of these funds will be subject to audit by an Auditor General to be appointed by the rebels. The LTTE's demands shocked even leaders of the ruling United National Front Government although its Chief Negotiator, G.L. Peiris, declared that "the way forward lies through direct discussion." He explained that the rebel position "outlines the LTTE's vision regarding the framework for a political solution to the conflict" and that "disparities between the positions of the parties are evident."

The Government statement on Saturday officially acknowledged receipt of the proposals. Prof. Peiris received them the previous night from Ambassador Brattskar. The statement also referred to Prime Minister Ranil Wickremesinghe's talks in New Delhi with Prime Minister Atal Bihari Vajpayee. It noted that a Joint Statement at the end of the official visit "made a definitive statement about the parameters within which a negotiated political solution should be arrived at."

In reality, the LTTE demands have gone far, far beyond those definitive statements. India declared that an "interim arrangement should be an integral part of the final settlement and should be in the framework of the unity and territorial integrity of Sri Lanka." The rebel demands are not an integral part of a final settlement. They do endanger the territorial integrity of Sri Lanka and consequently pose security concerns to India too. The rebels want the armed forces immediately to vacate land in the North and East and allow civilian owners "unfettered access." They also want compensation paid to these civilians for past dispossession. Conceding this demand in the northern Jaffna peninsula would make both the Palaly airbase, the only air link to the rest of the country, and the ports of Karainagar and Kankesanthurai vulnerable. Similarly, in Vavuniya, it will make the airstrip and a large military base totally vulnerable. The north-eastern China Bay airbase in Trincomalee would also be placed in a precarious position.

The LTTE wants control for ISGA over the marine and offshore resources of the adjacent seas (of the North-East) and the "power to regulate access thereto." This includes the Palk Straits where, at present, India and Sri Lanka share a maritime boundary. This demand raises serious questions over sovereignty. The "power to regulate access" will debar the Sri Lankan Navy its sovereign right of movement in the seas over which the LTTE is seeking control. How will it then protect the sovereignty and territorial integrity of Sri Lanka? The marine and offshore resources in the Palk Straits in particular are at present shared by fishermen from Sri Lanka and Tamil Nadu. Would this not therefore pose threats to Indian interests? On the other side, this very "power to regulate access" makes way for the sea-going arm of the rebels, the Sea Tigers, to gain both legitimacy and dominance in the seas off the North-East. That includes the Palk Straits. Such a development would see the emergence of a third navy in the region, besides that of India and Sri Lanka.

The LTTE wants an "absolute majority" for its nominees in the ISGA. This runs counter to India's position of supporting a "negotiated settlement acceptable to all sections of Sri Lankan society." Already, Rauf Hakeem, leader of the Sri Lanka Muslim Congress (SLMC), a constituent of the Government and the only Muslim member at the peace talks, has declared this to be "unacceptable," adding, "they do not reflect the aspirations of the Muslim people."

The LTTE proposals make no reference to Sri Lanka's Parliament or judiciary. Disputes over the agreement, if not resolved by Norwegian facilitators, are to be directed for arbitration to a tribunal with two representatives from each side. It will be headed by a chairperson agreed upon by the two sides. Under the proposals, the parties "shall" ask the International Court of Justice (ICJ) to appoint a chairperson in the event of a dispute over the appointment. Commenting on this in an editorial, The Sunday Times has noted that the ICJ is a body that deals only between sovereign states and that the LTTE demands equation with a sovereign entity. The editorial, which raised doubts about whether the proposals were "simply the stepping stone for Eelam," stated "the Government must take the rap for permitting the LTTE to make these grandiose claims." It added that it was the Wickremesinghe Government that "allowed things to fester during the period of the ceasefire from February last year... to date. They allowed banks, courts, taxation, IGPs, Chief Justices as they did the military build-ups, while they ignored the Muslim resentment." There is no role in the LTTE's proposals even for the nation's highest legal institution, the Supreme Court. Under the Constitution, Sri Lankans who have complaints about human rights infringements have recourse to this court. But the ISGA is to set up its own Human Rights Commission. Senior military officials in Colombo fear this may see many of their colleagues being tried for violations whilst serving in the North-East.

Barely 24 hours after the proposals became public, there was a flurry of activity. President Chandrika Kumaratunga, who asked her senior partymen on Saturday night to avoid making comments until they were fully studied, was locked in intense discussion with leaders of the Janatha Vimukthi Peramuna (JVP). Months ago, moves for a joint front between her People's Alliance and the JVP broke down. Leaders of both sides began trading allegations against each other. Now the rebel proposals have triggered fresh talks for a common front. President Kumaratunga's People's Alliance will formally announce its official stance on the LTTE proposals on Monday. On Saturday night, Defence Secretary Austin Fernando directed Army Commander Lt. Gen. Lionel Balagalle, also Chief of Defence Staff, to confer with his colleagues in the Navy and the Air Force. They have been called upon to formulate an immediate report on what impact the LTTE proposals will have on national security interests.

Some questions over Indian investment and economic interests also arise from the proposals. Take for example the World War II vintage oil tank farm in Trincomalee, part of which has been leased out by the Indian Oil Corporation (IOC). The LTTE proposals say that "existing agreements will continue, but the Government of Sri Lanka shall ensure that all proceeds under such agreements are paid to ISGA. Any changes to such existing agreements should be made with the concurrence of the ISGA." This would mean that for the leasing arrangement in Trincomalee, the IOC would have to pay the LTTE-controlled ISGA instead of the state-owned Ceylon Petroleum Corporation (CPC).

Talks over these proposals are not expected until January next year. On Tuesday, Prime Minister Wickremesinghe meets George W. Bush at the White House. He will brief the U.S. President on the peace process, including the rebel proposals, and seek his support. He is to assure the U.S. President of a token Sri Lankan commitment of Army doctors and engineers to help Mr. Bush's efforts to restore normalcy in Iraq.

The clause dealing with elections in the LTTE proposals carries a strong message: "if no final settlement has been reached and implemented by the end of the said period of five years," an "Independent Commission appointed by the ISGA, shall conduct free and fair elections." What follows the elections has not been spelt out. But has not the LTTE armed itself for a future course of action? If no settlement is reached, can the rebels point to this fact and declare that they have chosen to go their own way? Through its preamble to the proposals and the demands it has made, the LTTE has made clear to the Sri Lankan Government and the international community what it stands for. It also appears to have made clear what it can do if these demands are not accepted.

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