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Mixed
reactions to ISGA

Peace
talks during the UNF regime
By
Risidra Mendis, Mandana Ismail Abeywickrema, Shezna Shums,
Shehan Moses
and Jamila Najmuddin
The
ongoing struggle of restarting the stalled peace process
appears to be getting nowhere with the LTTE demanding an
Interim Self Governing Authority (ISGA) for the north-east and President Chandrika Kumaratunga demanding that discussions on
ISGA proposals 'should take place parallel to discussions on
core issues.' The main constituent partner of the UPFA, the
JVP meanwhile has outright rejected the ISGA proposals.
These
opposing view points by the
stake holders in the peace process has resulted in the
talks being a non starter although the United People's Freedom
Alliance (UPFA) has been in power for over four months.
However,
both the government and the LTTE seem to be adamant on their
demands ignoring the serious effect the stalled peace process
is having on the country and the economy in particular.
With
these two main parties battling at the peace negotiations, the
country however seems to de divided in their views as to which
party's proposals should be taken into consideration first.
Speaking
to The Sunday Leader, President, Federation of Chambers of
Commerce and Industry of Sri Lanka (FCCISL) explained that the
peace talks should continue without delay as this was
seriously affecting the country's economy and was delaying the
country's development issues.
Same
issues
The
FCCISL was of the view that since the previous government was
willing to begin the peace process on the ISGA issues on the
table first, the present government should also consider
starting the peace talks with these issues. However, they
added that the LTTE and the government should first build
confidence and trust amongst the public, before they start the
negotiations.
"The
discussions should begin on the ISGA proposals without too
many issues and demands being involved at the very beginning.
The government and the LTTE should go on a 'step by step'
basis rather than introducing all their demands at once,"
the FCCISL said.
However,
President, The National Chamber of Commerce, Asoka De Z.
Gunesekera, told The Sunday Leader that his personal view was
that "The core issues should be discussed alone, rather
than the issue of the ISGA."
He
said that the final settlement was important and if the
government and LTTE agreed on an interim settlement, the
biggest question to be asked was - "How long would it
last?"
Stressing
that there should be a settlement soon, Gunesekera added that
due to the stalled peace process, Sri Lanka would be even
below the third world country status.
"Other
countries are progressing much faster than we are and if the
country continues to behave in such a manner, we will fall
even below the level of a third world country,"
Gunesekera said.
Meanwhile,
speaking to The Sunday Leader, Chief Executive Officer,
International Chamber of Commerce (ICC), Mahendra Amarasuriya
was of the view that the government should begin negotiations
with the LTTE on the ISGA as well as the core issues.
According
to Amarasuriya the peace process should start as soon as
possible, irrelevant of what the previous government discussed
at the peace talks and he also stressed that it was important
for the final outcome to be 'lasting permanent peace'.
However,
Amarasuriya added that since the government and the LTTE both
wanted 'their pounds of flesh,' he opined that there was no
harm in an interim authority as long as the outcome was
positive.
Speaking
to The Sunday Leader, President, National Chamber of
Exporters, Kingsly Bernard explained that since the country
has already wasted 20 years on the ethnic conflict, to ensure
a lasting peace was essential.
Affect
economy
Bernard
however added that an interim solution was not permanent, as
it would last only three or four years.
Amarasuriya
also stressed that the government and the LTTE should start
peace talks soon otherwise the current uncertain atmosphere in
the country would deter investors and foreign investments from
entering the country.
He
stated that the government and the LTTE has already signed a
Memorandum of Understanding (MoU) and that this should be the
basis for the talks. However, he also stressed that an interim
solution was not the answer for achieving permanent peace.
Meanwhile,
most of the political parties were of the view that an ISGA
was necessary for the country to go ahead with the peace
talks.
Speaking
to The Sunday Leader, Former Interior Minister and UNF MP,
John Amaratunga said that the government had to consider the
ISGA proposals.
"The
preliminary issues have to be addressed first before going on
to any further issues. When the UNF was in power, we started
negotiating with the ISGA proposals first as we had to solve
the north-east conflict without any further delay. The TNA has
repeatedly said that they could not put their trust in the
government and it was due to this that they wanted an interim
authority," Amaratunga said.
He
also added that this stalled peace process clearly proved that
the government was not sincere in continuing with the peace
process and solving the north-east conflict soon.
Speaking
to The Sunday Leader, Spokesperson, JHU, Ven. Athuraliye
Rathana Thero, said during the previous regime, the UPFA
opposed the signing of the ceasefire agreement between the UNF
and the LTTE.
"The
UPFA heavily opposed the ISGA proposals at that time and if
they continue with the ISGA proposals now, they will be going
against their own policies,"
The
Thero added that if the government went ahead accepting the
ISGA proposals, the JHU would get onto the streets protesting
with the public.
"We
will also educate the public on the government's present
stand," the Thero said.
Leader
of the Democratic Left Front, Vasudeva Nanayakkara said the
idea of an ISGA was to meet the aspirations of the LTTE.
"Therefore the bottom line should be the readiness of the
government to go forward to meet these aspirations" he
said.
Bridge
gap
According
to Nanayakkara, the gap between the government and the LTTE
has to be bridged through negotiations.
"The
most important thing is for the government together with the
opposition parties to start negotiating with the LTTE without
any further delay. These negotiations with regard to the ISGA
should be with the view of finally bridging the gap with
regard to the national issue," explained Nanayakkara.
Nanayakkara
went on to say that this process of discussions had formerly
begun with President Chandrika Kumaratunga during the PA
regime and once the government changed, former Prime Minister
Ranil Wickremesinghe took over the discussions. However,
Nanayakkara added that presently since there was a block in
the peace process, negotiations should recommence immediately.
According
to Nanayakkara, it doesn't matter as to what formula or
approach is used to recommence the negotiations. "What is
of importance is the initial decision to start negotiations
once again instead of laying down obstructive conditions or
impractical proposals," he added.
"All
those who are concerned with the preventing of a
recommencement of the military conflict would be unanimous of
this view. I can say that 70% to 80% of the country would
prefer the prevention of another military conflict. In this
situation the core issues are not important. The government
should tackle all issues together. I say the government should
just sit down to negotiate instead of getting imprisoned with
all the side issues," explained Nanayakkara.
Start
talks
Leader,
New Left Front (NLF), Dr. Wickramabahu Karunaratne told The
Sunday Leader that the peace process should restart
immediately - with the ISGA proposals.
"The
government should start the peace process immediately rather
than taking core issues and attempting to discontinue the
peace process," he said. According to Karunaratne, the
ISGA request of the LTTE is fair and the government should
take measures to go ahead with the ISGA rather than the core
issues," he said.
He
added that the 'racist element' within the UPFA was the main
cause of the stalled peace process.
"These
groups within the UPFA are trying to disrupt the peace process
by taking minor problems such as the core issues to uphold the
peace process and go back to war," he said.
However,
when speaking to the religious heads, most of them were of the
view that the main reason for the stalled peace process was
the 'minority government'.
Weak
government
Ven.
Bellanwilla Gnana Wimala Thero told The Sunday Leader that the
main reason for peace talks to be delayed was not the ISGA
proposals of the LTTE or the core issues, but it was the
minority government.
"How
can this government carry on the peace process when it does
not have a majority in parliament. The government does not
have the power to pass even a bill in parliament. Therefore,
how can we expect them to carry out the peace process
forward," the Thero questioned.
The
Thero also stated the government should first decide whether
the country will be divided by this proposed ISGA since there
was a possibility of this being a 'blueprint for an Eelam to
the Tigers.' "The government should first clear whether
this ISGA is a separate state for the Tigers or whether this
is self-determination rule for them," he stated.
However,
a swami of a leading Kovil in Colombo told The Sunday Leader
that the government should go ahead with the peace talks on
the basis of the ISGA rather than giving preference to the
core issues forwarded by the government. He also emphasised
that whatever the issues were, it was the sovereignty of the
Tamils that was most important. "There are many Tamils
suffering in war affected areas and if the peace process is
delayed any further, the people will have to suffer
tremendously," he said.
According
to this swami, the government should go ahead with the ISGA
because the LTTE has better knowledge of the north-east than
the government and they may develop the area with better
infrastructure facilities.
He
feels the government should immediately resume talks with the
LTTE.
Remove
barriers
"Talks
should begin immediately leaving out minor problems such as
what should be given preference - either the core issues or
the ISGA," he said. He also stated that the Norwegians
could play a major role in the resumption of peace talks.
"If the Norwegians get involved and settle this minor
issue and gain an amicable settlement with the government and
Tigers, the talks maybe back on track," he said. He also
stated that the government should remove all barriers in
north-east for easy civilian movements in those areas.
"The government should have a security understanding in
these areas and take measure to remove all unnecessary check
points in these areas, and enabling easy access to
civilians," he said.
Chairman,
Dewatagaha Jumma Mosque, Al Haj Sidtique told The Sunday
Leader that the peace process had to continue and in order to
continue the peace process the government should accept the
ISGA proposals of the LTTE. "We are not opposing the ISGA.
However, this should come under the administration of the
government," he said.
According
to Sidtique, the Muslims are for peace and all communities
should be able to survive peacefully in the north-east,"
he said.
A
priest of a Methodist Church told The Sunday Leader that the
government should go ahead with peace talks since the relapse
of war had to be avoided under all circumstances.
"The
people in north-east suffer more than the people in the south,
therefore the government should start peace talks under ISGA
rather than having disputes with the core issues," he
said. He believed that the Norwegians should take necessary
action to bring back the government and the LTTE to the
negotiating table. "If the government gives priority to
core issues and the LTTE gives priority to ISGA for talks and
neither party is committed to talks, this peace process will
end up in a devastating war," he stressed.
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What
the SLFP said...
An
analysis of the LTTE's proposals by the SLFP said,
"There are hugely significant statements and
omissions which affect the sovereignty of the State of
Sri Lanka and violate the constitution:
a)
Clause 9. Jurisdiction of the ISGA.
The
executive power of the people, including defence, which
is vested in the President by Article 4 (b) of the
Constitution will be seriously eroded because the ISGA
will have "plenary powers" for the governance
of the north-east
b)
There is no reference whatsoever to Parliament or its
role in relation to the ISGA
c)
Clause 10. Separation of Powers
There
is no reference whatsoever to the Supreme Court or to
the present judicial structure of Sri Lanka. On the
contrary, Clause 10 on separation of powers says that
"separate institutions for the administration of
justice shall be established for the north east, and
judicial power shall be vested in such
institutions".
d)
Clause 11
The
ISGA will have total control of financial matters
excluding the government. But the government is expected
to make contributions to the ISGA budget from the
Consolidated Fund although the government will have no
control whatsoever over the expenditure of such funds.
e)
Clause 12. Powers to borrow, receive aid and trade
The
ISGA will have powers to borrow internally and
externally, provide guarantees and indemnities, receive
aid directly and engage in and regulate internal and
external trade - there is no reference whatsoever to the
government in this cluster of powers
f)
Clause 13. Accounting and auditing of funds
The
ISGA will appoint a separate auditor general. This
violates Article 153 of the Constitution. Under the
constitution there is only one auditor general
g)
Clause 16
With
the demand that all occupied land in the north east be
immediately vacated the government's role in security is
considerably eroded.
h)
Clause 18. Marine and off-shore resources
The
ISGA shall have control over the marine and offshore
resources of adjacent seas and power to regulate access
thereto.
i)
Clauses 20 and 22. Water use and settlement of disputes
The
provisions relating to water use and the settlement of
disputes between the GOSL and the LTTE, especially the
requirement of parity of status, clearly show that the
LTTE is preparing the legal ground for a separate state.
j)
Clause 3. Elections
The
provision dealing with elections is also an extremely
important indication of the LTTE's ultimate objective.
It says that if after five years of the agreement coming
into force no final settlement has been reached and
implemented, then an independent election commission
appointed by the ISGA shall conduct a free and fair
election. This is the clause that conceals the power or
right to secede. The LTTE can say after five years -
"no agreement has been reached, we will hold an
election" and then declare a separate state having
explained to the world why, as the preamble indicates,
they were driven to take that ultimate step. The fault
for not reaching a final settlement, acceptable to the
LTTE, will be attributed solely to the GOSL.
k)
The removal of the governor from the north east power
structure violates the 13th Amendment to the
Constitution.
This
then were the very realistic fears of the SLFP which now
comprises the United People's Freedom Alliance
government.
Not just the SLFP but even the Janatha Vimukthi
Peramuna (JVP) the main alliance partner of the UPFA,
voiced almost identical rhetoric if not more virulent
opposition to the ISGA. |
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