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15th August, 2004  Volume 11, Issue 5

First with the news and free with its views                                     First with the news and free with its views                             First with the news and free with its views                                    

Issues

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.

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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