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.
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