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by Sumanasiri Liyanage

The Liberation Tigers of Tamil Eelam (LTTE) has understandably rejected the recent suggestion by the Government of Sri Lanka (GoSL) to set up a new development body to oversee aid work in the country's North-East by saying that the body would be unable to carry out the work effectively.

LTTE cadres - remaining disengaged for negotiations

In a letter to Prime Minister Ranil Wickremesinghe, the rebels' chief negotiator, Anton Balasingham, criticized the Government for proposing a development body in which the Tigers' role was "left deliberately ambiguous". He has further expressed "surprise and dismay" that the government had not addressed the setting up of an interim administrative structure for the North-East as suggested by the LTTE.

Thus the Japanese, Norwegians and GoSL have miserably failed to resolve the negotiation impasse. Moreover, the LTTE would not in the immediate future participate in peace talks with GoSL. This development is not unexpected and is a natural outcome of the process that began in February 2002. As I argue elsewhere, the main weakness of the peace talks and the resultant peace process have been its failure on two counts, namely, process widening and process deepening (I borrowed these two phrases from capital theory). Process widening includes bringing in new issues and other stakeholders to the process; but not necessarily at the same level. Process deepening means gradual movement from appearance to essence. So the current impasse is not a bolt from the blue, but necessary corollary of the dynamic of the process. Now the question is: how could this negotiation deadlock be broken? This article intends to show a way out.

It appears that the main underlying reason for the current impasse centres round the issue of Interim Administration. The United National Front in its election manifesto promised that if the UNF comes to power, it would grant an Interim Administration to the LTTE. However for an unknown reason, both parties had up to now not raised the issue of Interim Administration. It was not a subject discussed in the six rounds of talks between the LTTE and the GoSL. The matter was not even raised in Anton Balasingham's letter to the Prime Minister informing him about the LTTE's decision that it would pull out from the talks. Nonetheless, the issue of Interim Administration has now become the principal issue as far as the LTTE is concerned.

Mr. Thamilchelvam in his press interview informed that the LTTE is not worried about the constitutionality of the Interim Administration and if the constitution does not allow setting up of it, it should be done outside the constitution.

Mr. Balasingham, in his four-page letter, accused the Government of finding, "refuge under the existing constitution to deny even an interim measure to the Tamils". Prime Minister Ranil Wickremesinghe addressing the Council of Asian Liberals and Democrats asked the LTTE to be a "little more understanding" of the issues involved in the ethnic conflict and said that "what is being demanded is not what can easily be delivered". He further declared that "as a responsible government [the UNF] has to abide by the rules and laws of the land" and the GoSL would seek solutions "within the framework of the laws of our country".

Although one can be pleased with these statements, these statements, for sure, will not be able to break the current negotiation deadlock between the GoSL and the LTTE.

The issue of Interim Administration was raised first in 1987 after the Indo-Lanka Accord. Since then it has been a major issue raised by the Tamil political parties and the Sinhalese political leaders have in principal accepted the necessity of setting up of an Interim Administration. Interim Administration is invariably a quasi-constitutional mechanism since it precedes constitutional restructuring. The recognition of this quasi-constitutional character of the Interim Administration, I believe, would help both parties to come to some understanding over the problem. The Prime Minister wants to act within the existing legal framework while the LTTE leadership wants something that goes beyond it. How can this riddle be solved? In my opinion, the 2000 constitutional draft of the People's Alliance government would help in resolving this dilemma. Chapter xxviii of the PA draft constitution is about setting up of an Interim Council for the Northern and Eastern Regions.

The interim period would be 10 years; for the first five years a council appointed by the President and the second five years a council elected by the people in the North and East. However the President appoints the council from 'among the persons nominated" by the recognized political parties and independent groups. The Board of Ministers consists of a Chief Minister, two Deputy Chief Ministers and six Cabinet Ministers. Article 245 (1) says that the proposed Interim Council and Interim Regional Council would have all the powers given to the proposed regional councils.

There are 65 subjects in the regional list and those powers include, among others, regional planning, taxation, law and order of the region, agriculture, fisheries and industry. This proposed Interim Council would have more powers than the powers exercised by the Provincial Councils today. As far as rehabilitation, relief and reconstruction work in the North and East are concerned these powers would be adequate for the Interim Councils to deliver goods effectively. Now the issue is how to make it constitutional? It can be done in two ways. First the UNF and PA come to agreement and present this draft as Bill to the Parliament.

Secondly, a constitutional amendment based on chapter xxviii of the PA draft can be brought in as the 18th Amendment to the second republican constitution. Of course this process may take time. However, these changes may allow the LTTE to reconsider its decision and reenter the peace process.

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