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The Ceasefire Agreement in retrospect

by Ranga Jayasuriya

To put it plainly the Tigers are demanding the full withdrawal of Security Forces from the places of worship and public and school buildings before the formal talks. But in a more realistic view, the LTTE on its part needs to ensure full implementation of the agreement which permits an unlimited passage to the unarmed Government troops from Vavuniya to Jaffna through the A 9 Jaffna - Kandy highway which is not yet met. The withdrawal from the places of worship ( temples, kovils, churches and other holy sites) was to be fulfilled before the D day + 30, which fell on March 23, while the withdrawal from public buildings and schools has to be fulfilled at least by the D day + 160.

Speculation is rife over a possible delaying of the formal talks scheduled in Thailand. The delay, it was pointed out, is due to the LTTE's insistence for the full implementation of the Ceasefire Agreement.

To put it plainly the Tigers are demanding the full withdrawal of Security Forces from the places of worship and public and school buildings before the formal talks.

But in a more realistic view, the LTTE on its part needs to ensure full implementation of the agreement which permits an unlimited passage to the unarmed Government troops from Vavuniya to Jaffna through the A 9 Jaffna - Kandy highway which is not yet met.

The withdrawal from the places of worship ( temples, kovils, churches and other holy sites) was to be fulfilled before the D day + 30, which fell on March 23, while the withdrawal from public buildings and schools has to be fulfilled at least by the D day + 160.

According to the Army Commander, the army occupies only two temples in Seruvavila and Gonagala "on the request of the villagers", but there are disagreements between the Security Forces and the LTTE over certain locations which the LTTE claims are holy places with which the Army disagrees.

At the recent discussions between the Director General of the Peace Secretariat and the LTTE Political Wing Leader, both parties have however agreed to set up a joint team comprising representatives of the Government, SLMM and other interested parties to ascertain the position of the disputed places of worship.

As for the delay of the formal talks, Constitutional Affairs Minister Prof. G.L. Peiris was reported to have said in last week's Cabinet press briefing that the Government was not "unduly concerned about a slight delay in peace talks". "What is important is not the date but the foundation," he said.

Despite the delay, both parties must have however been impressed with the progress of the Ceasefire Agreement, which according to SLMM spokesman Tuitor Torkelsson's words "though everything is not to the sketch is working very well". There are of course challenges and certain alleged violations by both parties. But since its implementation on Feb 23, as agreed both parties have refrained from offensive military operations, aerial bombardments (though there were accusations by the LTTE against the low flying Airforce's renaissance craft), offensive naval operations (albeit the Vakarai incident), suicide missions, armed raids, ambushes and sabotages. There are however allegations against the forceful conscription of children and extortion by the LTTE.

Despite all this the Ceasefire Agreement entered its fifth month and its progress should not be underrated - the progress by any standard is noteworthy and has of course established a positive atmosphere in which further steps towards negotiations can be taken, which is indeed the primary objective of the agreement.

Measures were taken to open Trincomalee-Habarana road for 24 hours for public traffic within 10 days as it was required by the Agreement. Railway was extended on the Batticaloa to Welikanda.

Paramilitary factions of the EPDP, EPRLF, PLOTE and TELO were disarmed within the first 30 days of the Agreement and these cadres are expected to integrate to the Government Forces to be deployed outside the North and the East. Opening of the LTTE political offices can perhaps be deemed as the most important outcome of the Agreement which as of D-day + 30 permitted 50 unarmed LTTE members freedom of movement in the Government controlled areas in the North and the East for political work. The number was gradually increased with additional 100 adding by D day + 60 and all unarmed LTTE members having freedom of movement by D day + 90. The LTTE now runs political offices in Vavuniya, Mannar, Batticaloa, Muttur and Jaffna.

According to the Ceasefire Agreement," Both parties reserve right to deny entry to specific military zones". And this resulted in a confusion when the Security Forces deny the LTTE demand to access the islands off Jaffna declared as "military zones,". The subsequent discussions mediated by the SLMM where "both parties had shown a significant flexibility" (in SLMM Chief Gen Furuhovede's words) led to the final solution with the LTTE members given permission to access six of the seven islands. Mandaithivu, an islet with only 230 civilian population and a huge military presence was barred for LTTE entry.

Opening of the A-9 Jaffna- Kandy highway was perhaps the most chronicled. The road was opened on a staggered basis: first from Omanthai to Kilinochchi and then from Kilinochchi to Muhamalai. But there are disagreements over the public transport in the highway with the LTTE demanding the monopoly of transport from Omanthai to Muhamalai.

The LTTE later consented for private transport in the route, but the private bus owners are waiting till the state buses are permitted.

Given the poor condition of the potholed road which once was the theatre for one of the most vicious battles in contemporary Sri Lankan history, it is not sure whether the enthusiasm of the private sector to operate in the route has diminished. Under its Article 1.10 the Ceasefire Agreement provides the unarmed Government troops with an "unlimited passage between Jaffna and Vavuniya using the Jaffna- Kandy road". The modalities were to be worked out by the parties with the assistance of the SLMM, but no Government soldier has so far travelled through the A9 highway.

The unimpeded flow of non-military items to the Vanni as agreed under the Article 2.6 must surely have to a certain degree helped normalising lives in the war-torn area, but unless an accelerated infrastructure development program is carried out, full benefits of the temporary peace would not reach the civilians who live two decades behind the rest of the country.The Ceasefire Agreement brought a suspense to the much hated Prevention of Terrorism Act, with the Government agreeing to stop all arrests and search operations conducted under the PTA.

But the human rights activists and Tamil political parties demand the repeal of the law. The Amnesty International delegation currently in Sri Lanka expects to draw the Governments attention to this.

The Attorney General is currently reviewing the cases of PTA detainees and the Government has promised to release the detainees where there is not sufficient evidence. It is also reported that the Government has demanded the LTTE to release all PoWs in their custody as a goodwill gesture before the formal talks. Yet the parents of the missing servicemen were the first to travel to the Vanni soon after the travel restrictions were lifted. The LTTE says it has only seven PoWs in custody, while parents of the missing servicemen claim that the number should at least be 400.

Meanwhile, mothers from both sides of the war front last week staged a joint protest demanding the release of their sons in the Government and the LTTE custody. Their protest was made possible by the truce agreement. A protester was quoted saying "tears of a mother in Hambantota is no different from tears of a mother in Jaffna". Such mutual displays of solidarity and companionship of the members of two races fighting a bloody war for 19 years is perhaps the greatest outcome of the Ceasefire Agreement.

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