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by Ranga Jayasuriya

The de-proscription of the LTTE: Today's most arguable topic of the peace process. With the leader of the LTTE political wing Thamil Chelvam demanding (or requesting) the removal of the ban on the Tamil separatist movement, the topic which at the beginning of the peace initiatives was avoided from political discussions has come to its own.

The LTTE - designated as a "foreign terrorist organisation" in India, Malaysia, the US and Britain - claims that it needs legitimacy to come to peace negotiations and that as long as it remains a proscribed organisation such a legitimacy is not available.

The Tamil National Alliance (TNA) which advocated for the de-proscription of the LTTE and the LTTE's sole representation of Tamils in the peace negotiations in its election manifesto, claims such a de-proscription would help Tigers come to the negotiating table with honour".

The Sinhala ultra-nationalist factions and the Marxist JVP warn about the negative consequences of a possible de-banning of the LTTE. Both groups warn that the de-proscription here would be used by the Tigers to influence the foreign Governments to change their position over the LTTE.

It is obvious that classification as a foreign terrorist organisation by the United States and Britain has significantly affected the LTTE fund raising in the West - though it has not created a considerable impact on the mobility of the Tigers on the foreign soil, as it was evident by Anton Balasingham's sojourn in London.

The argument that a possible LTTE de-proscription here would help the LTTE in its "don't- ban- us" campaign in the West was challenged when the US ambassador Ashley Wills and the British High Commissioner Linda Duffield stated last week that they would use their own yardsticks in deciding on the LTTE in their countries.

It is also important to note that both India in 1992 and the US in 1996 banned the LTTE under their own security ordinances; long before Sri Lanka banned it. British ban was imposed under the Terrorism Act 2000, by the British Home Secretary.

The issue of the LTTE de-banning has, of course, created a gentle debate in the media.

When asked to comment on the issue, a number of local academics said it was a "sensitive issue" and underlined the need for a compromise.

In one such interesting comment former Zahira College Principal and Attorney-at-Law Javeed Yusuf said the LTTE's participation in the peace negotiations would give it a "de-facto legitimacy" irrespective whether it is proscribed or not.

According to Mr Yusuf, the Government is negotiating with the LTTE over the Tamil National Question since the former believes the latter has a considerable coercive power and influence over the Tamils population. This gives the LTTE a de-facto legitimacy as a representative of the Sri Lankan Tamils.

The TNA's stance that the LTTE should be the sole representative of the Tamils in the talks gives the same status to the LTTE.

As to the removal of the ban, Dr. Pakiasothy Saravanamuttu of the Centre for Policy Alternatives claims that foreign countries would understand the Sri Lankan Government's action if it removed the local ban on the LTTE, as the local Government was acting under a special circumstance.

The LTTE's history of atrocities, cannot however be forgotten. As Sabaragamuwa University Professor Rajiva Wijesinghe says the de-proscription of the LTTE at this hour - when the Tigers have not yet renounced their atrocities- amounts to legitimizing terrorism.

De-proscription was a cause for stalling the peace process in the past. Last year, the Norwegian brokered peace bid came to a standstill, just before both parties signing a Memorandum of Understanding when the LTTE put forward the same demand. Then both parties returned to the war.

It is also evident that the LTTE ban which was imposed in 1998 following the Dalada Maligawa attack served for emotional purposes of the people, rather than for military objectives. Sri Lankan forces have been hunting down the LTTE since 1983; long before it was legally banned. And the ban has done nothing to weaken the LTTE activities in Sri Lanka - indeed some grievous incidents of the ethnic conflict such as the attack on Katunayake International Airport and air force base took place after the proscription of the Tigers.

It can, however, be argued that the ban - which came into effect soon after the LTTE attack on Dalada Maligawa - helped ease the anger and the anguish of many Sinhalese who saw the destruction at the pinnacle of Buddhism.

The de-proscription of the LTTE may have no special impact on the military establishment here or the stance of the other nations. But, a considerable segment of the Sinhala Buddhist majority who accuse the LTTE of the total destruction the war has caused would find it irritable. Street protests may take place if these segments are provoked by certain factions. So the present Government is now in a dilemma.

It has to keep the peace process moving forward, while addressing the sentiments of these people.

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