SLMC Proposals for North East Interim Council

Late SLMC leader and Ports Minister M.H.M. Ashraff, before his death in an aircrash on September 16, had proposed the following items to enable the security and safeguards of the minorities in the the North East when the Interim Regional Council for the Northern and Eastern Provinces are established under the proposed New Constitution. These proposals assume importance in view of the Presidential assertion to introduce the Constitutional Reforms Bill after the parliamentary elections.

Powers

The Interim Council shall exercise its powers with rigorous impartiality on behalf of all the people in the diversity of their identities and traditions and shall be founded on the principles of full respect for equality of civil, political social, religious and cultural rights of freedom from discrimination for all citizens and to parity of esteem and just and equal treatment for their identity, ethos and aspirations of all communities.

Membership

I. Members of the Interim Council shall be appointed by the President upon being nominated by registered political parties or independent groups representing the citizens of the Northern and Eastern regions. However, the President shall ensure that the ethnic composition of the Northern and Eastern Regions is reflected in the membership of the Interim Council.

II. The governor shall also appoint another minister from the largest minority community on the advice of the Chief Minister.

III. A member nominated by a political party shall be liable to be removed at the instance of that party or independent group.

IV. The President shall fill the vacancy created by the removal with another nominee from the same political party or independent group.

Board of Ministers

I. The Board of Ministers shall consist of the Chief Minister, two Deputy Chief Ministers and six other ministers. The Governor shall appoint as Chief Minister the member of the council who is best able to command the support of a majority of the members of this council.

II. The Governor shall appoint the two Deputy Chief Ministers and they shall be from communities other than the community to which the chief minister belongs. The deputy chief ministers shall be the persons who are best able to command the support of the majority of the members of their respective communities.

Executive Committee System

The provisions of Chapter XV relating to executive committee will apply to the interim council.

Constitutional assignment of ministerial subjects and functions

The core subjects and functions to be assigned to the chief minister, the two deputy chief ministers and the other ministers should be enshrined in the new constitution.

Parallel Consent

The following decisions of the council shall require parallel consent i.e. a majority of those members present and voting and including a majority among each of the communities represented in the interim council i.e. Sinhala, Tamil and Muslim communities.

a. Election of the Speaker

b. adoption of standing orders

c. Any other vital decisions pertaining to the security, religion, etc. of the communities of the region that shall be declared by the Speaker as a decision requiring parallel consent upon a motion to that effect being supported by not less than 30 per centum of the total number of members.

Representation at the chief ministers Conference

The two deputy chief ministers shall be entitled to participate in the chief ministers conference.

Budget Allocations

The Finance Commission shall take into consideration the following matters before allocating funds and give appropriate directives to the Interim Council.

I. The disparity already prevailing in certain under developed local authority areas.

II. The size of the population and geographic size of the area of the local authority.

III. The Interim Council should expend such funds as are allocated to it by the central government in accordance with the guidelines provided by the Finance Commission.

IV. The Interim Council should also ensure areas where minority communities are concentrated within a particular local authority should not in any way be discriminated in the allocation of funds for development.

Law and Order

I. The Interim Council shall assist the government in the de-escalation of and de-commissioning of illegally held arms in the possessions of para military groups.

II. The chief minister shall take all decisions pertaining to the security of the minorities of the region in consultation with the respective Deputy Chief Ministers.

New Administrative Districts

There shall be established a new Administrative District for the coastal area of Digamadulla district consisting of Kalmunai, Samanthurai and Pottuvil areas.

Source:

SLMC Proposals for North East Interim Council

Declaration of Cessation of Hostilities 5 January 1995

தமிழில்

A seven point document was formulated during the second round of talks which took place on 2 January 1995. The Sri Lanka government delegation included a senior Sri Lanka Army Officer, Brigadier A.S.Pieris and a Sri Lanka naval officer, Captain Prasanna Rajaratne. The LTTE delegation was led by Mr. Tamilselvan, Head of the Political Wing. The Declaration of the cessation of hostilities was signed on 5 January 1995, simultaneously by Mr.Velupillai Pirabakaran, Leader of the Liberation Tigers of Tamil Eelam, in Jaffna, and President Chandrika Bandaranaike Kumaratunga, President of Sri Lanka and Commander in Chief, in Colombo – and the document was exchanged between them through the good offices of the International Red Cross Committee. The Cessation of Hostilities came into effect from 8 January 1995.

Text of Declaration

The modalities for the implementation of the agreed Cessation of Hostilities by the Government and LTTE for a specified period will be as follows:-

1. There will be no offensive operations by either party during this period. An offensive operation will be considered a violation of the agreement.

2. The Security Forces and the LTTE will maintain their present positions on the ground, keeping a minimum of 600 metres between each other. However, each party would reserve the right of movement within 100 metres from their own bunker lines, keeping a minimum of 400 metres in between. Any party moving in the restricted areas would be considered an offensive operation.

3. The Navy and Airforce will continue to perform their legitimate tasks for safeguarding the sovereignty and territorial integrity of the country, from external aggression, without in any way engaging in offensive operations against the LTTE, or causing any obstructions to legitimate and bona fide fishing activity in specified areas.

4. Acts such as sabotage, bomb explosions, abductions, assassinations and intimidation directed at any political group, party or any individual will amount to an offensive operation.

5.a. It is suggested that Committees to deal with violations of this agreement be set up to inquire into nay instances of violation of the above terms of agreement. These Committees could be set up in the areas of Jaffna, Mannar, Vavuniya, Mullaitivu, Batticaloa-Ampara and any other areas as deemed necessary

b. It will be the responsibility of these Committees to take immediate action on complaints made by either party to this agreement to inquire into and resolve such disputes.

c. These Committees could comprise representatives drawn from Canada, Netherlands, Norway, ICRC and from retired Judges or Public Officers, Religious Heads and other leading citizens: all appointed by mutual agreement.

d. Each Committee could consist of five members, viz: 02 from Government, 02 from LTTE and, 01 from a Foreign Country who will be Chairman.

e. Freedom of movement for the Committees to perform their tasks will have to be ensured by both parties to the agreement.

f. Facilities required for the Committees to act swiftly and impartially will have to provided by mutual agreement.

6. Recommend establishment of communication between Sri Lanka and LTTE military area leaders which will enable them to sort out problems expeditiously, locally.

7. Cessation of hostilities will continue till notice of termination is given by either party. Such notice should be given at least 72 hours before termination.

Signed on 5 January 1995

V.Pirabakaran,
Leader, Liberation Tigers of Tamil Eelam Chandrika

Bandaranaike Kumaratunga,
President of Sri Lanka and Commander in Chief of the Armed Forces

 

Source:

Declaration of Cessation of Hostilities 5 January 1995

LTTE’s proposals for an Interim Self-Governing Authority in the Northeast region of Sri Lanka

தமிழில்

The Liberation Tigers of Tamil Eelam (LTTE) on November 1, 2003, submitted its proposals for an Interim Administration in the North East region to the Sri Lankan Government through the Norwegian facilitators. Following is the full text of the proposals:

THE PROPOSAL BY THE LIBERATION TIGERS OF TAMIL EELAM ON BEHALF OF THE TAMIL PEOPLE FOR AN AGREEMENT TO ESTABLISH AN INTERIM SELF-GOVERNING AUTHORITY FOR THE NORTHEAST OF THE ISLAND OF SRI LANKA

Consistent with the principles of the rule of law, the human rights and equality of all persons, and the right to self-determination of Peoples,

Determined to bring lasting peace to all persons of the island of Sri Lanka,

Acknowledging with appreciation the services of the Royal Norwegian Government, the Norwegian People, and the international community in attempting to bring peace to the island,

Recognizing that a peaceful resolution is a real possibility, despite the challenging history of the peace process between the Tamil people and the Sinhala people.

Determined to establish an interim self-governing authority for the NorthEast region and to provide for the urgent needs of the people of the NorthEast by formulating laws and policies and, effectively and expeditiously executing all resettlement, rehabilitation, reconstruction,

and development in the NorthEast, while the process for reaching a final settlement remains ongoing.

Being aware that the history of the relations between the Tamil People and the Sinhala People has been a process of broken promises and unilateral abrogation, by successive governments of Sri Lanka, of pacts and agreements solemnly entered into between the government of Sri Lanka (GOSL) and the elected representatives of the Tamil People,

Bcaring in mind that successive Governments of Sri Lanka have perpetrated persecution, discrimination, State violence and State-orchestrated violence against the Tamil People,

Noting that the Tamil people mandated their elected representatives to establish an independent sovereign, secular State for the Tamil people in the elections subsequent to the Vaddukoddai Resolution of 1976,

Bcaring in mind that the Tamil armed struggle as a measure of self-defense and as a means

for the realisation of the Tamil rights to self-determination arose only after more than four decades of non-violent and peaceful constitutional struggle proved to be futile and due to the absence of means to resolve the conflict peacefully,

Recalling that the Liberation Tigers of Tamil Eelam (LTTE) first took measures towards peace by unilaterally declaring the ceasefire in December, 2000 and again in December, 2001, opening highways, facilitating trade and the free movement of people, and entering into peace negotiations in good faith in the hope of creating an environment conducive to the return of ‘normalcy and a just resolution of the conflict,

Taking Note of the political courage of the present GOSL in reciprocating to the 200 I cease fire,

Realizing that the war in the island of Sri Lanka was principally confined to the NorthEast, resulting in the destruction of the social, economic, administrative, and physical infrastructure of that area, and that the NorthEast still remains the region in the island of Sri Lanka affected by war,

Recognising that the majority of the Tamil People in the NorthEast. by their actions in the general elections held in the year 2000, gave their mandate acknowledging the L TTE as their authentic representative,

Knowing that the LTTE exercises effective control and jurisdiction over the majority of the NorthEast area of the island of Sri Lanka.

Realising that reaching a final negotiated settlement and the implementation thereof is expected to be a long process,

Affirming the necessity for the safe and free return of all refugees and displaced persons and their urgent need for unimpeded access to their homes and secure livelihoods at land and sea in the NorthEast,

Mindful that institutions and services provided by the GOSL have proved to be inadequate to meet the urgent needs of the people of the NorthEast.

Recognising the failure of the Sub-committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) and other Sub-Committees formed during the peace negotiations, which failure was due to the composition of such Sub-Committees which repeatedly led to inaction,

Acknowledging the recognition by the GOSL of the necessity for an Interim Authority, as mentioned in its 2000 election manifesto,

Realising the maintenance of law and order is an essential pre-requisite for a just and free society,

Recognising the need for raising revenue to meet the urgent needs for the Resettlement, Rehabilitation, Reconstruction and Development of the NorthEast region, which has been devastated by war, and for the carrying out of any function of Government,

Recognising the importance of control over land in resettlement, rehabilitation, reconstruction and development,

Mindful that the Tamils did not participate in the making of the 1972 and 1978 constitutions, which institutionalized discrimination and denied them an effective role in the decision-making process,

Noting the practice in international relations over the last decade of solving conflicts between Peoples through agreement between the parties to the conflict on terms of equality and through innovative and imaginative measures,

Relying on international precedents for establishing interim governing arrangements in war-torn countries having the force of law based solely on pacts or agreements between the warring parties recognized by the international community,

Noting that measures such as the Cease fire Agreement, including the role of the Sri Lanka Monitoring Mission (SLMM), and, the establishment of the SIHRN and the NorthEast Reconstruction Fund (NERF) constitute valid precedents for making such arrangements,

Wherefore, the Parties, namely the Liberation Tigers of Tamil Eelam and the Government of Sri Lanka, hereby agree to the following provisions:

1. Interim Self-Governing Authority

An Interim Self-Governing Authority (ISGA) shall be established comprised of the eight districts namely: Amparai, Batticaloa, Jaffna, Kilinochchi, Mannar, Mullaitivu, Trincomalee and Vavuniya in the NorthEast, until a final negotiated settlement is reached and implemented.

Representatives of the Muslim community have the right to participate in formulation of their role in the ISGA.

2. Composition of the ISGA

2 l. The I SGA shall consist of such number of members as may be determined by the Parties to this Agreement.

2.2. The composition of the ISGA shall be:

2.2.a. Members appointed by the LTTE,

2.2.b. Members appointed by the GOSL, and

2.2.c. Members appointed by the Muslim community in the NorthEast.

2.3. The number of members will be determined to ensure:

2.3.a. An absolute majority of the LTTE appointees in the ISGA.

2.3.b. Subject to (a) above, the Muslim and Sinhala Communities in the NorthEast shall have representation in the ISGA.

2.4. The Chairperson shall be elected by a majority vote of the ISGA and shal1 serve as the Chief Executive of the ISGA.

2.5. The Chairperson shall appoint the Chief Administrator for the NorthEast and such other officers as may be required to assist in tbe performance of his/her duties. The Chairperson shall have the powers to suspend or terminate any such appointment.

 

3. Elections

The provisions of Clauses 2.2 and 2.3 shall continue until elections for the ISGA are held. Such elections shall be held at the expiry of five years of the coming into force of this Agreement, if no final settlement has been reached and implemented by the end of the said period of five years. An independent Election Commission, appointed by the ISGA, shall conduct free and fair elections in accordance with international democratic principles and standards under international observation.

4. Human Rights

The people of the NorthEast shall be accorded all rights as are provided under international human rights law. Ever) law, regulation, rule, order or decision of the ISGA shal1 conform to internationally accepted standards of human rights protection. There shall be an independent Human Rights Commission, appointed by the ISGA, which shall ensure the compliance with all such human rights obligations. The Commission will seek the assistance of international human rights bodies to facilitate the rapid establishment of an effective regime for protecting human rights. The Commission shall be entitled to receive petitions from any individual person, award compensation to any such affected person, and ensure that such person’s rights are restored.

5. Secularism

No religion shall be given the foremost place in the NorthEast.

6. Prohibition against Discrimination

The ISGA shall ensure that there is no discrimination on grounds of religion, race, caste, national or regional origin, age or gender in the NorthEast.

7. Prevention of Bribery and Corruption.

The ISGA shall ensure that no bribery or corruption is permitted in or under its administration.

8. Protection of All Communities

No law, regulation, rule, order or decision that confers a privilege or imposes a disability on any community, which is not conferred or imposed on any other community, shall be made concerning culture or religion.

9. Jurisdiction of the ISGA.

9.1. The ISGA shall have plenary power for the governance of the NorthEast including powers in relation to resettlement, rehabilitation, reconstruction, and development, including improvement and upgrading of existing services and facilities (hereinafter referred to as RRRD), raising revenue including imposition of taxes, revenue, levies and duties, law and order, and over land.

These powers shall include all powers and functions in relation to regional administration exercised by the GOSL in and for the NorthEast.

9.2. The detailed modalities for the exercise of such powers and the performance of such functions shall be subject to further discussion by the parties to this agreement

10. Separation of Powers

Separate institutions for the administration of justice shall be established for the NorthEast, and judicial powers shall be vested in such institutions. The ISGA shall take appropriate measures to ensure the independence of the judges.

Subject to Clauses 4 (Human Rights) and 22 (Settlement of Disputes), of this Agreement, the institutions created under this clause shall have sole and exclusive jurisdiction to resolve all disputes concerning the interpretation and implementation of this agreement and any other disputes arising in or under this agreement or any provision thereof.

11. Finance

The ISGA shall prepare an annual budget.

There shall be a Financial Commission consisting of members appointed by the ISGA. The members should have distinguished themselves or held high office in the fields of finance, administration or business. This Commission shall make recommendations as to the amount out of the Consolidated Fund to be allocated to the NorthEast. The GOSL shall make its good faith efforts to implement the recommendation.

The ISGA will, giving due consideration to an equitable distribution, determine the use of funds placed at its disposal. These funds shall include the NorthEast General Fund, the NorthEast Reconstruction Fund (NERF) and the Special Fund.

The GOSL agrees that any and all of its expenditures in or for the NorthEast shall be subject to the control of the ISGA.

11.1. NorthEast General Fund

The NorthEast General Fund shall be under the control of ISGA and shall consist of:

II.I.a. The proceeds of all grants and loans made by the GOSL to the ISGA and the proceeds of all other loans made to the ISGA.

ll.l.b. All allocations by the GOSL from agreements with states, institutions and/or other organizations earmarked in any such agreements for the NorthEast.

11 .1.c. All other receipts of the ISGA, other than the funds specified below.

 

11.2. NorthEast Reconstruction Fund

The NERF shall continue to exist in its present form except that control over it will be transferred to the

ISGA.

All grants given for the reconstruction of the NorthEast, will be received through the NERF. Utilization of resources from NERF will be directly determined and supervised by the ISGA.

11.3. Special Fund

All loans and any grants which cannot be channeled through the NERF for the specific purpose of RRRD will be received into the Special Fund. As in the case of other Funds, the ISGA shall control the Special Fund.

] 2. Powers to Borrow, Receive Aid and Trade.

The ISGA shall have powers to borrow internally and externally, provide guarantees and indemnities, receive aid directly, and engage in or regulate internal and external trade.

13. Accounting and Auditing of Funds.

13.1. The ISGA shall appoint an Auditor General.

13.2. All Funds referred to in this Agreement shall be operated, maintained and audited in accordance with internationally accepted accounting and auditing standards. The accounts will be audited by the Auditor General. The auditing of all moneys received from international sources shall be subjected to approval by an internationally-reputed firm appointed by the ISGA.

14. District Committees.

14.1. In the effective exercise of its legislative and executive powers, the ISGA may create District Committees to carry out administration in the districts and delegate to such Committees, such powers as the ISGA may determine. The Chairpersons of such committees shall be appointed by the ISGA from amongst its members in order to serve as a liaison between the ISGA and the Committees.

14.2. The other members of the Committees shall also be appointed by the ISGA, which shall have the powers to suspend or terminate any such appointment. In appointing such members, due consideration shall be given to ensure representation of all communities.

14.3. The Committees will function directly under the ISGA.

14.4. The Chief Administrator of the ISGA shall appoint Principal Executive Officers in the districts, who shall also function as the Secretaries to the Committees. The Chief Administrator shall have the powers to suspend or terminate any such appointment.

 

14.5. All activities and functions of the Committees shall be coordinated through the respective Secretaries to the Committees.

14.6. Sub-committees may also be appointed to facilitate administration.

15. Administration

As part of the exercise of its executive powers the ISGA shall have direction and control over any and all administrative structures and personnel in the NorthEast pertaining to the powers set out in Clause 9 of this Agreement.

The ISGA may, at its discretion, create expert advisory committees in necessary areas. These areas will include but are not limited to Economic Affairs, Financial Affairs, Judicial Affairs, Resettlement and Rehabilitation Affairs, Development of Infrastructure, and Essential Services.

16. Administration of Land

Since land is vital to the exercise of the powers set out in Clause 9 (jurisdiction of the ISGA), the ISGA shall have the power to alienate and determine the appropriate use of all land in the NorthEast that is not privately owned.

The ISGA shall appoint a Special Commission on Administration of Land to inquire into and reprt on the rights of dispossessed people over land and land subject to encroachment, notwithstanding the lapse of any time relating to prescription.

The ISGA shall determine the term of competencies of the Special Commission.

17. Resettlement of Occupied Lands

The occupation of land by the armed forces of the GOSL, and the denial to the rightful civilian owners of unfettered access to such land, is a violation of the norms of international law. Such land must be immediately vacated and restored to the possession of the previous owners. The GOSL must also compensate the owners for the past dispossession of their land.

The ISGA shall be responsible for the resettlement and rehabilitation of displaced civilians and refugees in such lands.

18. Marine and off-shore resources

The ISGA shall have control over the marine and offshore resources of the adjacent seas and the power to regulate access thereto.

 

19. Natural Resources

The ISGA will have control over the natural resources in the NorthEast region. Existing agreements relating to any such natural resources will continue in force. The GOSL shall ensure that all monies due under such agreements are paid to the ISGA. Any future changes to such existing agreements should be made with the concurrence of the ISGA. Future agreements shall be entered into with the ISGA.

20. Water Use

Upper riparian users of river systems have a duty to ensure that there is a fair, equitable and reasonable use of water resources by lower riparian users. The GOSL and the ISGA shall ensure that this internationally recognized principle is followed in the use of water resources.

21. Agreements and contracts

All future agreements concerning matters under the jurisdiction of the ISGA shall be made with the ISGA. Existing agreements will continue, but the GOSL shall ensure that all proceeds under such agreements are paid to the ISGA. Any changes to such existing agreements should be made with the concurrence of the ISGA.

22. Settlement of Disputes

Where a dispute arises between the Parties to this Agreement as to its interpretation or implementation, and it cannot be resolved by any other means acceptable to the Parties including conciliation by the Royal Norwegian Government, there shall be an arbitration before a tribunal consisting of three members, two of whom shall be appointed by each Party. The third member, who shall be the Chairperson of the tribunal, shall be appointed jointly by the Parties concerned. In the event of any disagreement over the appointment of the Chairperson, the Parties shall ask the President of the International Court of Justice to appoint the Chairperson.

In the determination of any dispute the arbitrators shall ensure the parity of status of the L TTE and the GOSL and shall resolve disputes by reference only to the provisions of this Agreement.

The decision of the arbitrators shall be final and conclusive and it shall be binding on the Parties to the dispute.

23. Operational Period

This Agreement shall continue until a new Government for the NorthEast, pursuant to a permanent negotiated settlement, is established. The Parties will negotiate in good faith to reach such a settlement as early as possible.

Provided, however, that at the end of four years if no final agreement has been reached between the Parties to this agreement, both Parties shall engage in negotiations in good faith for the purpose of adding, clarifying, and strengthening the terms of this Agreement.

 

Source:

LTTE’s proposals for an Interim Self-Governing Authority in the Northeast region of Sri Lanka

THE PROPOSAL BY THE LIBERATION TIGERS OF TAMIL EELAM oN BEHALF OF THE TAMIL PEOPLE FOR AN AGREEMENT TO ESTABLISH AN INTERIM SELF-GOVERNING AUTHORITY FOR THE NORTHEAST OF THE ISLAND OF SRI LANKA

Memorandum of Understanding – Cease-Fire Agreement 2002

தமிழில்

The Government of Sri Lanka and the rebel Liberation Tigers of Tamil Eelam (LTTE) signed a Memorandum of Understanding to formalise their unilateral cease-fires which were in effect from December 24, 2001. The agreement was separately signed by Prime Minister Ranil Wikremesinghe on February 22 at Vavuniya and by LTTE chief Velupillai Prabhakaran on February 21 at the LTTE’s political administrative office in Kilinocchi. The formal cease-fire, after the signing of the MoU took effect from cease-fire which took effect from 00:00 hours on February 23. The MoU was announced by the Norwegian Foreign Minister, Jan Petersen, at a press conference in Oslo after the signatures of the two parties were obtained by the Norwegian Ambassador to Sri Lanka, Jon Westborg. Norway has been playing the role of a mediator between the government and the LTTE in the peace process. This cease-fire would be the first between the two parties after another agreement signed in 1995 ended within 100 days. Two aspects that distinguish the 2002 Agreement from the 1995 agreement are that Norway and other Scandinavian countries would monitor the agreement and the two sides would have to give a two-week notice if they are to pull out of the agreement. In the 1995 agreement, each party needed to give only three days notice if it wished to withdraw from the cease-fire.

 

Sunday, 24th February 2002

Agreement on a ceasefire between the Government of the Democratic Socialist Republic of Sri Lanka and the Liberation Tigers of Tamil Eelam

Preamble

The overall objective of the Government of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the GOSL) and the Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE) is to find a negotiated solution to the ongoing ethnic conflict in Sri Lanka.

The GOSL and the LTTE (hereinafter referred to as the Parties) recognize the importance of bringing an end to the hostilities and improving the living conditions for all inhabitants affected by the conflict. Bringing an end to the hostilities is also seen by the Parties as a means of establishing a positive atmosphere in which further steps towards negotiations on a lasting solution can be taken.

The Parties further recognize that groups that are not directly party to the conflict are also suffering the consequences of it. This is particularly the case as regards the Muslim population. Therefore, the provisions of this Agreement regarding the security of civilians and their property apply to all inhabitants.

With reference to the above, the Parties have agreed to enter into a ceasefire, refrain from conduct that could undermine the good intentions or violate the spirit of this Agreement and implement confidence-building measures as indicated in the articles below.

Article 1: Modalities of a ceasefire :

The Parties have agreed to implement a ceasefire between their armed forces as follows:

1.1 A jointly agreed ceasefire between the GOSL and the LTTE shall enter into force on such date as is notified by the Norwegian Minister of Foreign Affairs in accordance with Article 4.2 hereinafter referred to as D-day.

Military operations :

1.2 Neither Party shall engage in any offensive military operation. This require, the total cessation of all military action and includes, but is not limited to, such acts as:

a) The firing of direct and indirect weapons, armed raids, ambushes, assassinations, abductions, destruction of civilian or military property, sabotage, suicide missions and activities by deep penetration units;

b) Aerial bombardment;

c) Offensive naval operations.

1.3 The Sri Lankan armed forces shall continue to perform their legitimate task of safeguarding the sovereignty and territorial integrity of Sri Lanka without engaging in offensive operations against the LTTE.

Separation of forces :

1.4 Where forward defence localities have been established, the GOSL’s armed forces and the LTTE’s fighting formations shall hold their ground positions, maintaining a zone of separation of a minimum of six hundred (600) metres. However, each Party reserves the right of movement within one hundred (100) metres of its own defence localities, keeping an absolute minimum distance of four hundred (400) metres between them. Where existing positions are closer than four hundred (400) metres, no such right of movement applies and the Parties agree to ensure the maximum possible distance between their personnel.

1.5 In areas where localities have not been clearly established, the status quo as regards the areas controlled by the GOSL and the LTTE, respectively, on 24 December 2001 shall continue to apply pending such demarcation as is provided in article 1.6.

1.6 The Parties shall provide information to the Sri Lanka Monitoring Mission (SLMM) regarding defence localities in all areas of contention, of Article 3. The monitoring mission shall assist the Parties in drawing up demarcation lines at the latest by D-day +30.

1.7 The Parties shall not move munitions, explosives or military equipment into the area controlled by the other Party.

1.8 Tamil paramilitary groups shall be disarmed by the GOSL by D-day +30 at the latest. The GOSL shall offer to integrate individuals in these units under the command and disciplinary structure of the GOSL armed forces for service away from the Northern and Eastern Province.

1.9 The Parties’ forces shall initially stay in the areas under their respective control, as provided in Article 1.4 and Article 1.5.

1.10 Unarmed GOSL troops, shall as of D-day + 60, be permitted unlimited passage between Jaffna and Vavuniya using the Jaffna-Kandy road (A9). The modalities are to be worked out by the parties with the assistance of the SLMM.

1.11 The Parties agree that as of D-day individual combatants shall, on the recommendation of their area commander, be permitted, unarmed and in plain clothes, to visit family and friends residing in areas under the control of the other Party. Such visits shall be limited to six days every second month, not including the time of travel by the shortest applicable route. The LTTE shall facilitate the use of the Jaffna-Kandy road for this purpose. The Parties reserve the right to deny entry to specified military areas.

1.12 The Parties agree that as of D-day individual combatants shall, notwithstanding the two-month restriction, be permitted, unarmed and in plain clothes, to visit immediate family (i.e. spouses, children, grandparents, parents and siblings) in connection with weddings or funerals. The right to deny entry to specified military areas applies.

1.13 Fifty (50) unarmed LTTE members shall as of D-day + 30, for the purpose of political work, be permitted freedom of movement in the areas of the North and the East dominated by the GOSL. Additional 100 unarmed LTTE members shall be permitted freedom of movement as of D-day + 60. As of D-day + 90, all unarmed LTTE members shall be permitted freedom of movement in the North and the East. The LTTE members shall carry identity papers. The right of the GOSL to deny entry to specified military areas applies. Article 2: Measures to restore normalcy

The Parties shall undertake the following confidence-building measures with the aim of restoring normalcy for all inhabitants of Sri Lanka:

2.1 The Parties shall in accordance with international law abstain from hostile acts against the civilian population, including such as acts as torture, intimidation, abduction, extortion and harassment.

2.2 The Parties shall refrain from engaging in activities or propagating ideas that could offend cultural or religious sensitivities. Places of worship (temples, churches, mosques and other holy sites, etc.) currently held by either of the parties shall be vacated by D-day + 30 and made accessible to the public. Places of worship which are situated in “high security zones” shall be vacated by all armed personnel and maintained in good order by civilian workers, even when they are not made accessible to the public.

2.3 Beginning on the date on which this Agreements enters into force, school buildings occupied by either party shall be vacated and returned to their intended use. This activity shall be completed by D-day +160 at the latest.

2.4 A schedule indicating the return of all other public buildings to their intended use shall be drawn up by the Parties and published at the latest by D-day + 30.

2.5 The Parties shall review the security measures and the set-up of checkpoints, particularly in densely populated cities and towns, in order to introduce systems that will prevent harassment of the civilian population. Such systems shall be in place from D-day + 60.

2.6 The Parties agree to ensure the unimpeded flow of non-military goods to and from the LTTE-dominated areas with the exception of certain items as shown in Annex A. Quantities shall be determined by market demand. The GOSL shall regularly review the matter with the aim of gradually removing any remaining restrictions on non-military goods.

2.7 In order to facilitate the flow of goods and the movement of civilians, the Parties agree to establish checkpoints on their line of control at such locations as are specified in Annex B.

2.8 The Parties shall take steps to ensure that the Trincomalee-Habarana road remains open on a 24-hour basis for passenger traffic with effect from D-day + 10.

2.9 The Parties shall facilitate the extension of the rail service on the Batticaloa-line to Welikanda. Repairs and maintenance shall be carried out by the GOSL in order to extend the service up to Batticaloa.

2.10 The Parties shall open the Kandy-Jaffna road (A9) to non-military traffic of goods and passengers. Specific modalities shall be worked out by the Parties with the assistance of the Royal Norwegian Government by D-day + 30 at the latest.

2.11 A gradual easing of the fishing restrictions shall take place starting from D-day. As of D-day + 90, all restrictions on day and night fishing shall be removed, subject to the following exceptions: (i) fishing will not be permitted, within an area of 1 nautical mile on either side along the coast and 2 nautical miles seawards from all security forces camps on the coast; (ii) fishing will not be permitted in harbours or approaches to harbours, bays and estuaries along the coast.

2.12 The Parties agree that search operations and arrests under the Prevention of Terrorism Act shall not take place. Arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code.

2.13 The Parties agree to provide family members of detainees access to the detainees within D-day +30.

Article 3: The Sri Lanka Monitoring Mission :

The Parties have agreed to set up an international monitoring mission to enquire into any instance of violation of the terms and conditions of this Agreement. Both Parties shall fully cooperate to rectify any matter of conflict caused by their respective sides. The mission shall conduct international verification through on-site monitoring of the fulfilment of the commitments entered into in this Agreement as follows:

3.1 The name of the monitoring mission shall be the Sri Lanka Monitoring Mission (hereinafter referred to as the SLMM).

3.2 Subject to acceptance by the Parties, the Royal Norwegian Government (hereinafter referred to as the RNG) shall appoint the Head of the SLMM (hereinafter referred to as the HoM), who shall be the final authority regarding interpretation of this Agreement.

3.3 The SLMM shall liaise with the Parties and report to the RNG.

3.4 The HoM shall decide the date for the commencement of the SLMM’s operations.

3.5 The SLMM shall be composed of representatives from Nordic countries.

3.6 The SLMM shall establish a headquarters in such place as the HoM finds appropriate. An office shall be established in Colombo and in Vanni in order to liaise with the GOSL and the LTTE, respectively. The SLMM will maintain a presence in the districts of Jaffna, Mannar, Vavuniya, Trincomalee, Batticaloa and Amparai.

3.7 A local monitoring committee shall be established in Jaffna, Mannar, Vavuniya, Trincomalee, Batticaloa and Amparai. Each committee shall consist of five members, two appointed by the GOSL, two by the LTTE and one international monitor appointed by the HoM. The international monitor shall chair the committee. The GOSL and the LTTE appointees may be selected from among retired judges, public servants, religious leaders or similar leading citizens.

3.8 The committees shall serve the SLMM in an advisory capacity and discuss issues relating to the implementation of this Agreement in their respective districts, with a view to establishing a common understanding of such issues. In particular, they will seek to resolve any dispute concerning the implementation of this Agreement at the lowest possible level.

3.9 The Parties shall be responsible for the appropriate protection of and security arrangements for all SLMM members.

3.10 The Parties agree to ensure the freedom of movement of the SLMM members in performing their tasks. The members of the SLMM shall be given immediate access to areas where violations of the Agreement are alleged to have taken place. The Parties also agree to facilitate the widest possible access to such areas for the local members of the six above-mentioned committees, of. Article 3.7.

3.11 It shall be the responsibility of the SLMM to take immediate action on any complaints made by either Party to the Agreement, and to enquire into and assist the Parties in the settlement of any dispute that might arise in connection with such complaints.

3.12 With the aim of resolving disputes at the lowest possible level, communication shall be established between commanders of the GOSL armed forces and the LTTE area leaders to enable them to resolve problems in the conflict zones.

3.13 Guidelines for the operations of the SLMM shall be established in a separate document.

Article 4: Entry into force, amendments and termination of the Agreement :

4.1 Each Party shall notify its consent to be bound by this Agreement through a letter to the Norwegian Minister of Foreign Affairs signed by Prime Minister Ranil Wickremesinghe on behalf of the GOSL and by leader Velupillai Pirabaharan on behalf of the LTTE, respectively. The Agreement shall be initialled by each Party and enclosed in the above-mentioned letter.

4.2 The Agreement shall enter into force on such date as is notified by the Norwegian Minister of Foreign Affairs.

4.3 This Agreement may be amended and modified by mutual agreement of both Parties. Such amendments shall be notified in writing to the RNG.

4.4 This Agreement shall remain in force until notice of termination is given by either Party to the RNG. Such notice shall be given fourteen (14) days in advance of the effective date of termination.

Annexes :

Annex A: List of goods

Annex B: Checkpoints

Annex A :

The Parties agree to ensure the flow of non-military goods, to and from LTTE dominated areas of the Northern and Eastern Province as well as unimpeded flow of such goods to the civilian population in these areas. Non military goods not covered by article 2.6 in the Agreement are listed below:

Non military arms/ammunition

Explosives

Remote control devices

Barbed wire

Binoculars/Telescopes

Compasses

Penlight batteries

Diesel, petrol, cement and iron rods will be restricted in accordance with the following procedures and quantities.

Diesel and petrol :

The Government Agents (GA) will register available vehicles; tractors and motorcycles in the LTTE controlled areas. The GA will calculate the required weekly amount of diesel and petrol based on the following estimate:

Trucks/Buses 250 litre/week

4 wheel tractor 310 litre/week

2 wheel tractor 40 litre/week

Petrol vehicle 30 litre/week

Motorcycles 7 litre/week

Fishing vessels 400 litre/week

Cement :

Cement required for rehabilitation and reconstruction of Government property; registered co-operatives; or approved housing projects implemented by the GOSL and international NGOs and more affluent members of the society; will be brought in directly by relevant institutions under licences issued by Government Agents. The GA shall stipulate the monthly quantities permitted for such project based upon planned and reported progress.

Cement required for individual shops/constructions/house owners rehabilitation initiatives will be made available through the co-operations on a commercial basis.

Cement required for individual shops/constructions/house owners/rehabilitation – initiatives will be made available through the co-operations on a commercial basis. The monthly import for this purpose will be limited to 5000 bags during the first month and thereafter 10,000 bags/month. Individual sales by the co-operatives will be registered and limited to 25 bags per household.

Iron rods :

Iron rods for building constructions will be brought in to the LTTE controlled areas under licences issued by the GA.

A monthly reassessment will be made to assess the possibilities of removal of the above restrictions.

Annex B :

Checkpoints agreed in section 2.7 are as follows:

- Mandur, – Paddirupur, – Kaludaveli Ferry Point, – Anbalantivu Ferry Point, – Mamunai Ferry Point, – Vanvunateevu, – Santhiveli Boat Point, – Black Bridge, – Sitandy Boat Point, – Kiran bridge, – Kinniyadi Boat Point, – Valachenai, – Makerni, – Mahindapura, – Muttur, – Ugilankulam, – Omanthai.

 

Sources:

Memorandum of Understanding

Tokyo Declaration on Reconstruction and Development of Sri Lanka

தமிழில்

 

1. The Tokyo Conference on Reconstruction and Development of Sri Lanka was held on June 9 and 10 in Tokyo with the participation of Ministers and representatives from 51 countries and 22 international organizations. The Prime Minister of Japan, Mr. Junichiro Koizumi, and the Prime Minister of Sri Lanka, Mr. Ranil Wickremesinghe made opening statements. The opening session was chaired by Mr. Yasushi Akashi, Representative of the Government of Japan.

2. Japan, Norway, the United States and the European Union (Presidency and Commission) functioned as co-chairs of the Conference. Representatives of the co-chairs, Minister for Foreign Affairs of Japan, Ms. Yoriko Kawaguchi; State Secretary, the Ministry of Foreign Affairs of Norway, Mr. Olav Kjoerven; Deputy Secretary of State of the United States, Mr. Richard L. Armitage; Mr. Ioannis Theophanopoulos, representing the Presidency of the European Union; and Mr. Bernhard Zepter, representing the European Commission, delivered statements at the opening session. The President of the Asian Development Bank (ADB), Mr. Tadao Chino also delivered a statement at this session, followed by a video message from the President of the World Bank, Mr. James Wolfensohn.

3. In the operative session, the Governor of the Central Bank of Sri Lanka, Mr. A. S. Jayawardena reported on economic developments and prospects of Sri Lanka. The International Monetary Fund and the World Bank reported on Sri Lanka’s macro-economic performance and the reconstruction and development agenda of Sri Lanka. The ADB and the United Nations (UN) system reviewed the “Needs Assessment” of the North and East prepared by the World Bank, the ADB and the UN system in full consultation with the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE). Civil society organizations were consulted during this process.

4. In the plenary session, participating countries and international organizations presented statements which identified their intention to provide economic assistance to Sri Lanka. Presentations were made on the contributions of civil society organizations and of private enterprise to the development objectives of the country.

History of the Sri Lankan Peace Process

5. The armed conflict in Sri Lanka in the last two decades has claimed more than 65,000 lives, and has resulted in more than 800,000 internally displaced persons and a large number of refugees from the North and East. The current peace process commenced in 2000, when Sri Lankan President, Ms. Chandrika Bandaranaike Kumaratunga, and LTTE leader, Mr. Vellupillai Pirapaharan, asked Norway to serve as the impartial facilitator for peace negotiations. The Government of Sri Lanka and the LTTE entered into a mutual cease-fire agreement on February 23, 2002, with the able facilitation by Norway. Since September 2002, six sessions of talks have been conducted between the two parties and significant progress has been achieved. Participating countries and international organizations, which met in Oslo on November 25, 2002, committed themselves to providing immediate humanitarian assistance in support of the peace process. In April 2003, a pre-Tokyo Seminar was held in Washington DC chaired by the US Deputy Secretary of State with a view to building political momentum for the Tokyo Conference.

Objectives of the Conference

6. The objectives of the Conference are to provide the international community with an opportunity to demonstrate its strong and unified commitment to the reconstruction and development of Sri Lanka and to encourage the parties to redouble their efforts to make further progress in the peace process. While only one party to the peace process is present at the Conference, the international community takes the opportunity to demonstrate its commitment to support the establishment by the parties of the necessary administrative structure for the effective reconstruction and development of the North and East. A partnership between the Government of Sri Lanka and the LTTE will be necessary to rebuild these areas effectively. Adequate safeguards to secure the interests of all other communities should be included in this framework.

7. The Conference takes note of the economic challenges faced by the country and in this context endorsed the Government’s “Regaining Sri Lanka” initiative, which is a comprehensive programme to develop Sri Lanka on a balanced and equitable basis.

8. Participants express their regret over the absence of the LTTE from the Tokyo Conference. The Conference provides the Government of Sri Lanka with an opportunity to reaffirm its determination topursue the peace process, and focus on the reconstruction and development of Sri Lanka.

Importance of the Conference in Promoting the Peace Process

9. Participants express the view that a negotiated settlement in Sri Lanka will be a landmark achievement with regard to peaceful resolution of an armed conflict. The Conference commands both parties for their commitment to a lasting and negotiated peace based on a federal structure within a united Sri Lanka. Furthermore, the Conference stresses the importance of bringing tangible dividends of peace to all the people of Sri Lanka.

Balanced Humanitarian and Economic Assistance

10. The Conference notes the importance of urgent humanitarian assistance as well as medium to long-term assistance to rebuild the conflict-affected areas in the North and East, and to assist in the development of the entire country. The Conference emphasizes the importance of taking full account of the delicate ethnic and geographical balance in providing assistance. The Conference welcomes the “Needs Assessment” of the North and East, which identified needs in the conflict-affected areas. The donor community expresses its willingness to extend assistance to Sri Lanka based on the source material provided for the Conference namely, “Regaining Sri Lanka”, the “Needs Assessment” of the North and East, the “Needs Assessment” for the conflict-related districts adjacent to the North and East, and the Bridging Document, which links the “Needs Assessments” and “Regaining Sri Lanka”.

Support Indicated by the Donors

11. The participating donor countries and international organizations have demonstrated their willingness to extend assistance to the entire country, to a cumulative estimated amount, in excess of US $ 4.5 billion over the four year period, 2003-2006. In addition, some countries and international organizations have offered technical support. Others have indicated that their commitments are based upon an assumption of a viable peace process.

12. Several countries and international organizations have specified significant part of their assistance to the North and East. A number of them have indicated that disbursement of such assistance will keep pace with satisfactory progress in the peace process; and others have indicated that, given such progress, they would be willing to consider making additional commitments.

Channels of Assistance to the North and East

13. The international community remains committed to supporting humanitarian relief and human rights protection, and takes the opportunity to encourage the parties to reach agreement on an innovative administrative structure for the reconstruction and development of the North and East. The international community also reiterates its commitment to cooperate with the parties for this purpose. This structure will itself contribute to the process of reconciliation in Sri Lanka. The Conference recognizes with satisfaction that implementation of some humanitarian assistance projects is already taking place in the North and East through bilateral and multilateral channels in cooperation with local and international NGOs. The Conference also welcomes the establishment of the “North-East Reconstruction Fund (NERF)”, which is to be administered by the World Bank, as an important channel for assistance to the North and East. The Conference also emphasizes the need for flexibility by the Government of Sri Lanka and the LTTE in accepting various forms of assistance from the donor community. The donor community also expresses its willingness to assist capacity building to enhance good governance so as to ensure accountable, transparent, speedy and efficient implementation of projects supported with its assistance.

Importance of Strong and Growth Oriented Macro-Economic Policy

14. The Conference notes that it is imperative for the Government of Sri Lanka to implement the sound macro-economic policy delineated in “Regaining Sri Lanka”. The Conference stresses the need to adopt economic policies aimed at reducing poverty. Sustainable development also depends upon economic growth and job creation as well as encouragement of private enterprise.

Progress of the Peace Process

15. The Conference notes that during the past sessions of the peace talks, significant progress was achieved. Donors remind the Government of Sri Lanka and the LTTE of the importance for both parties to make their utmost efforts to further promote the peace process founded upon the principles reflected in the Oslo Declaration. Donors recognize the urgent need to support the people in the conflict-affected areas of the North and East, and make allocations towards this purpose. With regard to the North and East, priority-setting and project-implementation will take place with the Government working in partnership with the LTTE, and with adequate safeguards for the interests of all communities. The Conference expects that the government will ensure that the assistance pledged by the donor community to the reconstruction and development of the North and East is utilized specifically for that purpose.

16. The Conference also urges the parties to move expeditiously to a lasting and equitable political settlement. Such a settlement should be based upon respect for human rights, democracy and the rule of law. In this regard, the Conference looks forward to the parties reaching early agreement on a human rights declaration, as discussed at the sixth session of peace negotiations at Hakone.

17. The Conference welcomes the LTTE’s commitment to the negotiated peace process, and urges the LTTE to return to the peace talks as soon as possible. The people in the conflict-affected areas of the North and East must be able to enjoy the dividends of peace immediately. Manifest commitment by both the Government of Sri Lanka and the LTTE to further the peace process will be necessary for the provision of international assistance to the reconstruction and development of the conflict-affected areas of the North and East.

Linkage between donor support and progress in the peace process

18. Assistance by the donor community must be closely linked to substantial and parallel progress in the peace process towards fulfilment of the objectives agreed upon by the parties in Oslo. The Conference encourages the Government of Sri Lanka and the LTTE to enter into discussions as early as possible on a provisional administrative structure to manage the reconstruction and development aspects of the transition process. The process would need the expeditious development of a roadmap with clear milestones indicating the path towards a mutually acceptable final political solution. With this in view, the international community intends to review and monitor the progress of the peace process closely, with particular reference to objectives and milestones including:

a. Full compliance with the cease-fire agreement by both parties.

b. Effective delivery mechanisms relating to development activity in the North and East.

c. Participation of a Muslim delegation as agreed in the declaration of the fourth session of peace talks in Thailand.

d. Parallel progress towards a final political settlement based on the principles of the Oslo Declaration.

e. Solutions for those displaced due to the armed conflict.

f. Effective promotion and protection of the human rights of all people.

g. Effective inclusion of gender equity and equality in the peace building, the conflict transformation and the reconstruction process, emphasizing an equitable representation of women in political fora and at other decision-making levels.

h. Implementation of effective measures in accordance with the UNICEF-supported Action Plan to stop underage recruitment and to facilitate the release of underage recruits and their rehabilitation and reintegration into society.

i. Rehabilitation of former combatants and civilians in the North and East, who have been disabled physically or psychologically due to the armed conflict.

j. Agreement by the Government of Sri Lanka and the LTTE on a phased, balanced and verifiable de-escalation, de-militarization and normalization process at an appropriate time in the context of arriving at a political settlement.

Inputs from Civil Society Organizations and Private Enterprise

19. The Conference welcomes the inputs from the civil society meetings held in Colombo on 26-27 April 2003 and in Tokyo on 8 June 2003. The Conference is of the view that the intensity and continuity of involvement on the part of civil society organizations are essential to achieve success in the challenging task undertaken by the parties. The Conference is encouraged by the dynamic role played by private enterprise. The Conference also recognizes the contribution of academic communities, trade unions, professional groups, religious organizations and others.

Monitoring and Review

20. In view of the linkage between donor support and progress in the peace process, the international community will monitor and review the progress in the peace process. In implementing its own assistance programmes, the donor community intends to take into careful consideration the results of these periodic reviews. With full regard to the position of Norway as the facilitator, Japan, in co-operation with the United States and the European Union, will undertake necessary consultations to establish the modalities for this purpose as early as possible.

Follow-up Action

21. The Conference requests the Government of Japan, as the host country, to convey the outcome of the Conference to the LTTE.

 

List of Participating Countries and International Organizations of Tokyo Conference on Reconstruction and Development of Sri Lanka 09 and 10 June 2003, Tokyo

Commonwealth of Australia

Republic of Austria

People’s Republic of Bangladesh

Kingdom of Belgium

Federative Republic of Brazil

Brunei Darussalam

Kingdom of Cambodia

Canada

People’s Republic of China

Kingdom of Denmark

Arab Republic of Egypt

Republic of Finland

French Republic

Federal Republic of Germany

Hellenic Greece

State of the City of Vatican

Republic of Iceland

India

Republic of Indonesia

Islamic Republic of Iran

Ireland

State of Israel

Republic of Italy

Japan

Republic of Korea

State of Kuwait

Lao People’s Democratic Republic

Grand Duchy of Luxembourg

Malaysia

Kingdom of Nepal

Kingdom of the Netherlands

New Zealand

Kingdom of Norway

Sultanate of Oman

Islamic Republic of Pakistan

Republic of the Philippines

Portuguese Republic

Russian Federation

Kingdom of Saudi Arabia

Republic of Singapore

Republic of South Africa

Spain

Democratic Socialist Republic of Sri Lanka

Kingdom of Sweden

Swiss Confederation

Kingdom of Thailand

Ukraine

United Arab Emirates

United Kingdom of Great Britain and Northern Ireland

United States of America

Socialist Republic of Viet Nam

Organizations

European Commission

Asian Development Bank

Asian Productivity Organization

Food and Agriculture Organization of the United Nations

International Committee of the Red Cross

International Federation of Red Cross and Red Crescent Societies

International Fund for Agricultural Development

International Labor Organization

International Monetary Fund

International Organization for Migration

Multilateral Investment Guarantee Agency

United Nations Secretariat

United Nations Human Settlement Programme

United Nations Development Programme

United Nations Population Fund

United Nations High Commissioner for Refugees

United Nations Children’s Fund

United Nations Educational, Scientific and Cultural Organization

United Nations Office on Drugs and Crime

United Nations World Food Programme

World Health Organization

World Bank

 

Source:

Tokyo Declaration on Reconstruction and Development of Sri Lanka