ஒரு பத்திரம்

ஒக்ரோபர் 13, 2006

Prime Minister Ranil Wickremasinghe’s Letter to President Chandrika Kumaratunga on FM Radio Transmission Facilities for the Use of LTTE Peace Secretariat

Filed under: LTTE,Politics,Sri Lanka,Tamil Eelam — CAPitalZ @ 2:14 பிப

In response to a letter by President Chandrika Kumaratunga seeking clarification on the government permitting the Liberation Tigers of Tamil Eelam (LTTE) to import FM transmission equipment, Prime Minister Ranil Wickremasinghe sent a letter on January 3, 2003. He wrote the LTTE has not imported VSAT equipment and the consignment was received by Norway, thoroughly checked and moved to Killinochchi under armed guard.

Presented below is the full text of letter

3rd January, 2003
Her Excellency Chandrika Bandaranaike Kumaratunga,
President of Sri Lanka,
Presidential Secretariat,
Colombo 1.

Your Excellency,

FM Radio Transmission facilities for the use of the LTTE Peace Secretariat

I write with reference to your letter of December 30, 2002 on the above subject and the attached copy of your letter to the Prime Minister of Norway.

I presume you would have had the opportunity to see the Government’s statement on this matter, which was published in the media on the 28th of December, 2002. In case you have not, I am attaching a copy of this document for your information.

Since the Government’s statement contains much of the information regarding the concerns you have expressed in your letter to the Prime Minister of Norway, I shall only briefly elaborate on issues, which may require further clarification. I note too that we will have the opportunity of discussing this matter fully shortly.

In your enumeration of what you call “the relevant facts regarding this incident”, in your letter to the Prime Minister of Norway, you have taken up four specific matters.

1. The import in the consignment of a VSAT (Very Small Aperture Terminal) communication unit, which you say, even the Government of Sri Lanka does not possess.

2. The inclusion of a Radio Data System (RDS) capable of sending data from point to point.

3. The FM frequency range in the equipment imported by the LTTE, which appears to be wider than the frequencies allotted to other FM radio stations operating in Sri Lanka.

4. The consignment of radio broadcasting equipment to the Embassy of the Royal Norwegian Government in Sri Lanka, intended for the use of the LTTE which was received and cleared from the Port of Colombo without payment of customs duty.

Let me briefly recapitulate what has been more comprehensively explained in the Government’s statement.

On October 1, 2002 the Political Headquarters of the LTTE in Kilinochchi informed my Secretary that the LTTE were now engaging in a dissemination campaign about the peace process and that they had purchased a new FM radio transmitter which they would like to bring to the Wanni. They requested that the relevant authorities be informed to give customs clearance for the equipment and that it would be appreciated if they could receive the equipment without delay and on a tax-free basis.

The Government decision on this, in principle, was that FM transmitting facilities should be provided since dissemination of information regarding the peace process, particularly in the North and East was important. As regards the matter of duty free import, the LTTE were to be informed that this concession could not be granted as it was against Government policy to make any exceptions regarding customs duty and VAT.

Thereafter, the LTTE were informed that a formal application with prescribed information, regarding such matters as location of the station, expected area of coverage, the power for transmission, frequencies and other operational details, programme composition etc., should be sent into the Ministry of Mass Communication, so that the application could receive full consideration by the Ministry and the TRCSL, before arriving at a final decision.

In arriving at our decision in principle to consider the LTTE’s request, the following considerations were uppermost in mind:

* That even at present, the LTTE are operating an unauthorised radio transmission facility popularly known as the ‘Voice of the Tigers’ (VOT). This, Your Excellency, as you are well aware, has been in operation for several years and has been totally uncontrolled by any governmental authority;

* The request for a licence, for the first time in the history of the 20-year conflict in which the LTTE has been engaged in with the Government, indicated a welcome change of attitude. It signalled the LTTE’s acceptance and willingness to come within the ambit of Sri Lankan law and regulation. In fact the Government is pleased that through the grant of such a licence to the LTTE Peace Secretariat, radio transmissions by the LTTE are being brought, for the first time, under the laws of Sri Lanka.

The licence that was finally given by the Ministry of Mass Communication on November 11, 2002 in terms of Section 44 of the Sri Lanka Broadcasting Act No. 37 of 1966 subjects the holder of the licence, (that is the LTTE Peace Secretariat) to specific conditions regarding the content and manner of their future broadcasting.

The LTTE having a legal radio channel has to be placed in the context of the positive developments towards a permanent peace in Sri Lanka. You, yourself have referred at the commencement of your letter to the Prime Minister of Norway the efforts made during your period of nearly 3 years to enter into direct negotiations with the LTTE.

Finally, and no doubt assisted by the foundation that you laid, it was possible for the Government through the signing of the MoU with the LTTE on 22nd February, 2002 to give practical effect to the commencement of the transformation of the LTTE from being, as you have said “one of the world’s most ruthless and murderous organisations” into a political grouping within the mainstream of the Sri Lankan political system.

I believe this profound paradigm shift, which is now in effect, has been favourably recognised and commented on publicly by the international community as well. Making available community radio broadcasting facilities, under regulation by the Government was seen as one way of encouraging forward movement in this positive direction.

Let me now deal with your concerns.

1. VSAT Communication Unit – Although one unit of VSAT communication equipment of value US Dollars 25,000 was listed in the list of items to be imported by the LTTE, and although the Government statement of 28th December presumed that it had been brought in with the FM radio equipment consignment, I am now informed both by the customs and the LTTE Peace Secretariat, that this unit (for which clearance had been approved by the TRCSL) was NOT shipped from Singapore and has NOT in fact been brought into the country.

Since your letter to the Prime Minister of Norway says that even the Government of Sri Lanka does not have such equipment, let me inform you that the SLT certainly does have VSAT communication facilities. In addition there are apparently 16 other authorised VSAT operators in the country in addition to several unauthorised ones.

Even some foreign correspondents are known to be using VSAT communication units for filing their reports overseas, up-linking to the satellite without going through the SLT international switch. You may recall that as far back as 1996 a facility based data communication system was given to the Ceycom Global Communication Ltd., which has now some 42 VSAT earth terminals in their system.

In this regard you might remember that the National Communication Policy which was approved by the Cabinet on the 13th of November, 2002 refers to the liberalisation of VSAT transmissions in the future in view of the well known fact that information communication technology has been very rapidly evolving across the world.

This will mean that in future any person could import VSAT equipment with the approval of the Telecommunication Regulatory Commission (TRC). The up-linking frequency would of course need to be assigned by the TRC.

So in the light of what has been happening here and elsewhere your agitation in regard to VSAT equipment is unclear. Also you will undoubtedly be greatly relieved to know that the VSAT equipment has not been imported.

2. Radio Data System (audio)

The other question you have raised is that of the Radio Data System (RDS). This as Your Excellency may know is an essential part of a FM radio station and all private FM radio stations in Sri Lanka have this equipment. This cannot emit any radio frequency. The value of this equipment was only US Dollars 800.

3. FM frequency range

With reference to the FM frequency range, which you have also found suspicious, the explanation I believe is also quite simple. Different manufacturers evidently have different frequency bands in the FM radio system.

The English may manufacture within a certain frequency band and the US manufacturers in another. What is important is the spot frequency that is allocated by the TRCSL. In this case it is 98 Mhz which no existing operator has been assigned. The Regulatory Authority has the powers to monitor the frequency and the radiated power.

4. The role of the Norwegian Embassy

The major concern that you have referred in your letter to the Prime Minister of Norway is that of the involvement of the Norwegian Embassy in assisting in the importation of the radio transmission equipment.

My observation on this is as follows:

The Government had decided that the acquisition of a FM radio transmission facility would enhance the peace process.

With the intention of assisting in this endeavour, the Government sought to utilise the good offices of the Royal Norwegian government which had done so much to facilitate the peace process to assist in the clearance of the equipment through the Customs. One of the reasons for obtaining the assistance of Norway was that as the facilitator, if the consignment was found to contain anything other than what was intended, that is, radio transmission equipment, the Government was going to disallow import and send the consignment back.

It was in these circumstances that the Norwegian Embassy acted as the consignee with the objective of transmitting the security cleared consignment to the SCOPP (the Peace Secretariat), which would in turn transmit it to the LTTE Peace Secretariat.

However even before this clearance was done, the Government took the step of ensuring that the items would be subject to the strictest check. A 4-member expert team consisting of senior officials of the Rupavahini Corporation, Sri Lanka Air Force, Sri Lanka Army and the Ministry of Mass Communications thereupon went to the Customs warehouse and after opening the packages examined all the equipment.

They confirmed that the equipment was such that was needed for FM radio transmissions and also made some technical observations. These have been conveyed to the LTTE Peace Secretariat for compliance. It was this team, which confirmed that the VSAT equipment was not among the list of items which were imported.

You will appreciate that the FM radio transmission equipment after checking was sealed and finally sent to the LTTE Peace Secretariat under armed guard.

This was done to prevent any other material being introduced into the packages or any items being removed.

The question that awaits settlement is that of the duty payable since, after import by the Embassy the goods were passed on to SCOPP, in the first instance and SCOPP is an agency of the Government.

The Minister of Finance will determine in the next few days the manner in which the issue of duty payable will be resolved. While endorsing your assertion that the Norwegian Government and its Embassy here have been always fully supportive of our efforts to consolidate the peace process, I must urge a note of caution in your intended intervention with the Prime Minister of Norway.

The Norwegian peace support team of Deputy Minister Vidar Helgessen, Mr. Eric Solheim and H.E. Jon Westborg have, as you know, been extremely active in facilitating the peace process. H.E. Jon Westborg, the Norwegian Ambassador has been in service here for almost six years and has an unrivalled experience of the ground realities in Sri Lanka.

It is known that the credentials of his successor have been handed over to the Foreign Ministry in mid-November and that on completion of his assignment in Colombo he will be shortly returning to Norway.

Undoubtedly the Government of Norway will continue to utilise his expertise. I think therefore that as a Government we should exercise due care, at this critical stage in the peace process, to ensure that the enthusiasm of the Norwegian facilitation and the momentum thus far generated continues undiminished. I trust the above clarifies some of the concerns you have raised.

I look forward to our further discussion at an early meeting. Since you have released copies of your letters to the media, I am doing so myself since the public need to be kept fully informed.

Yours sincerely,

Ranil Wickremesinghe,
Prime Minister.

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செப்ரெம்பர் 27, 2006

Vaddukoddai Resolution

Filed under: Politics,Sri Lanka,Tamil Eelam — CAPitalZ @ 9:00 முப

The Resolution was adopted at the first National Convention of the Tamil United Liberation Front (TULF) on 14 May 1976. TULF’s participation in the 1977 general elections was anchored in this Resolution. In this Resolution, the TULF declared its intent of forming a sovereign State of Tamil Eelam. S. J. V. Chelavanayakam presided over the Convention. The following is a translation of the Resolution, which was originally adopted in Tamil.

Whereas, throughout the centuries from the dawn of history, the Sinhalese and Tamil nations have divided between themselves the possession of Ceylon, the Sinhalese inhabiting the interior of the country in its Southern and Western parts from the river Walawe to that of Chilaw and the Tamils possessing the Northern and Eastern districts; And,

Whereas, the Tamil kingdom was overthrown in war and conquered by the Portuguese in 1619, and from them by the Dutch and the British in turn, independent of the Sinhalese Kingdoms; And,

Whereas, the British colonists, who ruled the territories of the Sinhalese and Tamil kingdoms separately, joined under compulsion the territories of the Sinhalese and the Tamil Kingdoms for purposes of administrative convenience on the recommendation of the Colebrooke Commission in 1833; And,

Whereas, the Tamil leaders were in the forefront of the freedom movement to rid Ceylon of colonial bondage which ultimately led to the grant of independence to Ceylon in 1948; And,

Whereas, the foregoing facts of history were completely overlooked, and power over the entire country was transferred to the Sinhalese nation on the basis of a numerical majority, thereby reducing the Tamil nation to the position of subject people; And,

Whereas, successive Sinhalese governments since independence have always encouraged and fostered the aggressive nationalism of the Sinhalese people and have used their political power to the detriment of the Tamils by:

(a) Depriving one half of the Tamil people of their citizenship and franchise rights thereby reducing Tamil representation in Parliament,

(b) Making serious inroads into the territories of the former Tamil Kingdom by a system of planned and state-aided Sinhalese colonization and large scale regularization of recently encouraged Sinhalese encroachments, calculated to make the Tamils a minority in their own homeland,

(c) Making Sinhala the only official language throughout Ceylon thereby placing the stamp of inferiority on the Tamils and the Tamil language,

(d) Giving the foremost place to Buddhism under the Republican Constitution thereby reducing the Hindus, Christians, and Muslims to second class status in this country,

(e) Denying to the Tamils equality of opportunity in the spheres of employment, education, land alienation and economic life in general and starving Tamil areas of large scale industries and development schemes thereby seriously endangering their very existence in Ceylon,

(f) Systematically cutting them off from the main-stream of Tamil cultures in South India while denying them opportunities of developing their language and culture in Ceylon, thereby working inexorably towards the cultural genocide of the Tamils,

(g) Permitting and unleashing communal violence and intimidation against the Tamil speaking people as happened in Amparai and Colombo in 1956; all over the country in 1958; army reign of terror in the Northern and Eastern Provinces in 1961; police violence at the International Tamil Research Conference in 1974 resulting in the death of nine persons in Jaffna; police and communal violence against Tamil speaking Muslims at Puttalam and various other parts of Ceylon in 1976 ––all these calculated to instill terror in the minds of the Tamil speaking people, thereby breaking their spirit and the will to resist injustices heaped on them,

(h) By terrorizing, torturing, and imprisoning Tamil youths without trial for long periods on the flimsiest grounds,

    1. Capping it all by imposing on the Tamil nation a Constitution drafted, under conditions of emergency without opportunities for free discussion, by a Constituent Assembly elected on the basis of the Soulbury Constitution distorted by the citizenship laws resulting in weightage in representation to the Sinhalese majority, thereby depriving the Tamils of even the remnants of safeguards they had under the earlier constitution; And,

Whereas, all attempts by the various Tamil political parties to win their rights, by co-operating with the governments, by parliamentary and extra-parliamentary agitations, by entering into pacts and understandings with successive Prime Ministers, in order to achieve the bare minimum of political rights consistent with the self-respect of the Tamil people have proved to be futile; And,

Whereas, the efforts of the All Ceylon Tamil Congress to ensure non-domination of the minorities by the majority by the adoption of a scheme of balanced representation in a Unitary Constitution have failed and even the meager safeguards provided in article 29 of the Soulbury Constitution against discriminatory legislation have been removed by the Republican Constitution; And,

Whereas, the proposals submitted to the Constituent Assembly by the Ilankai Thamil Arasu Kadchi for maintaining the unity of the country while preserving the integrity of the Tamil people by the establishment of an autonomous Tamil State within the framework of a Federal Republic of Ceylon were summarily and totally rejected without even the courtesy of a consideration of its merits; And,

Whereas, the amendments to the basic resolutions, intended to ensure the minimum of safeguards to the Tamil people moved on the basis of the nine point demands formulated at the conference of all Tamil Political parties at Valvettithurai on 7th February 1971 and by individual parties and Tamil members of Parliament including those now in the government party, were rejected in toto by the government and Constituent Assembly; And,

Whereas, even amendments to the draft proposals relating to language, religion, and fundamental-rights including one calculated to ensure that at least the provisions of the Tamil Language (Special Provisions) Regulations of 1956 be included in the Constitution, were defeated, resulting in the boycott of the Constituent Assembly by a large majority of the Tamil members of Parliament; And,

Whereas, the Tamil United Liberation Front, after rejecting the Republican Constitution adopted on the 22nd of May, 1972, presented a six point demand to the Prime Minister and the Government on 25th June, 1972, and gave three months time within which the Government was called upon to take meaningful steps to amend the Constitution so as to meet the aspirations of the Tamil Nation on the basis of the six points, and informed the Government that if it failed to do so the Tamil United Liberation Front would launch a non-violent direct action against the Government in order to win the freedom and the rights of the Tamil Nation on the basis of the right of self-determination; And,

Whereas, this last attempt by the Tamil United Liberation Front to win Constitutional recognition of the rights of the Tamil Nation without jeopardizing the unity of the country was callously ignored by the Prime Minister and the Government; And,

Whereas, the opportunity provided by the Tamil United Liberation Front leader to vindicate the Government’s contention that their constitution had the backing of the Tamil people, by resigning from his membership of the National State Assembly and creating a by-election was deliberately put off for over two years in utter disregard of the democratic right of the Tamil voters of Kankesanthurai, And,

Whereas, in the by-election held on the 6th February 1975, the voters of Kankesanthurai by a preponderant majority not only rejected the Republican Constitution imposed on them by the Sinhalese Government, but also gave a mandate to Mr. S.J.V. Chelvanayakam, Q.C. and through him to the Tamil United Liberation Front for the restoration and reconstitution of the Free Sovereign, Secular, Socialist State of Tamil Eelam.

The first National Convention of the Tamil United Liberation Front meeting at Pannakam (Vaddukoddai Constituency) on the 14th day of May, 1976, hereby declares that the Tamils of Ceylon by virtue of their great language, their religions, their separate culture and heritage, their history of independent existence as a separate state over a distinct territory for several centuries till they were conquered by the armed might of the European invaders and above all by their will to exist as a separate entity ruling themselves in their own territory, are a nation distinct and apart from Sinhalese and this Convention announces to the world that the Republican Constitution of 1972 has made the Tamils a slave nation ruled by the new colonial masters, the Sinhalese ,who are using the power they have wrongly usurped to deprive the Tamil Nation of its territory, language citizenship, economic life, opportunities of employment and education, thereby destroying all the attributes of nationhood of the Tamil people.

And, while taking note of the reservations in relation to its commitment to the setting up of a separated state of Tamil Eelam expressed by the Ceylon Workers Congress as a Trade Union of the Plantation Workers, the majority of whom live and work outside the Northern and Eastern areas,

This convention resolves that restoration and reconstitution of the Free, Sovereign, Secular, Socialist State of Tamil Eelam, based on the right of self determination inherent to every nation, has become inevitable in order to safeguard the very existence of the Tamil Nation in this Country.

This Convention further declares:

  • That the State of Tamil Eelam shall consist of the people of the Northern and Eastern provinces and shall also ensure full and equal rights of citizenship of the State of Tamil Eelam to all Tamil speaking people living in any part of Ceylon and to Tamils of Eelam origin living in any part of the world who may opt for citizenship of Tamil Eelam.
  • That the constitution of Tamil Eelam shall be based on the principle of democratic decentralization so as to ensure the non-domination of any religious or territorial community of Tamil Eelam by any other section.
  • That in the state of Tamil Eelam caste shall be abolished and the observance of the pernicious practice of untouchability or inequality of any type based on birth shall be totally eradicated and its observance in any form punished by law.
  • That Tamil Eelam shall be a secular state giving equal protection and assistance to all religions to which the people of the state may belong.
  • That Tamil shall be the language of the State, but the rights of Sinhalese speaking minorities in Tamil Eelam to education and transaction of business in their language shall be protected on a reciprocal basis with the Tamil speaking minorities in the Sinhala State.
  • That Tamil Eelam shall be a Socialist State wherein the exploitation of man by man shall be forbidden, the dignity of labor shall be recognized, the means of production and distribution shall be subject to public ownership and control while permitting private enterprise in these branches within limit prescribed by law, economic development shall be on the basis of socialist planning and there shall be a ceiling on the total wealth that any individual of family may acquire.

This Convention directs the Action Committee of the Tamil United Liberation Front to formulate a plan of action and launch without undue delay the struggle for winning the sovereignty and freedom of the Tamil Nation;

And this Convention calls upon the Tamil Nation in general and the Tamil youth in particular to come forward to throw themselves fully into the sacred fight for freedom and to flinch not till the goal of a sovereign state of Tamil Eelam is reached.

Source:

Vaddukoddai Resolution

செப்ரெம்பர் 26, 2006

SLMC Proposals for North East Interim Council

Filed under: LTTE,Politics,Sri Lanka,Tamil Eelam — CAPitalZ @ 9:00 முப

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

செப்ரெம்பர் 23, 2006

Declaration of Cessation of Hostilities 5 January 1995

Filed under: LTTE,Politics,Sri Lanka,Tamil Eelam — CAPitalZ @ 9:00 முப


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

செப்ரெம்பர் 22, 2006

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

Filed under: Government of Tamil Eelam,LTTE,Politics,Sri Lanka,Tamil Eelam — CAPitalZ @ 9:00 முப


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

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