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Presentation by Lakshman Kadirgamar, P.C., M.P. on "Securing South Asia", at a seminar titled "The Peace Dividend: Prosperity for India and South Asia", organized by the "Hindustan Times" in New Delhi, 12-13 December, 2003.

(Contnued from Saturday, January 17)

Eleven - Clause 3 - Elections

The provision dealing with elections is also an extremely important indication of the LTTE's ultimate objective. It says that if after five years of the Agreement coming into force no final settlement has been reached and implemented, then an independent Election Commission appointed by the ISGA shall conduct a free and fair election. This is the clause that conceals the power or right to secede.

The LTTE can say after five years - "no agreement has been reached, we will hold an election" and then declare a separate State having explained to the world why, as the preamble indicates, they were driven to take that ultimate step. The fault for not reaching a final settlement, acceptable to the LTTE, will be attributed solely to the Government. As long as the LTTE remains heavily armed no free and fair election can possibly be held.

Twelve

The removal of the Governor from the North-East power structure violates the 13th amendment to the Constitution.

Thirteen

The composition of the ISGA. The salient features are: that there will be members appointed by the LTTE, by the GOSL and the Muslim community in the North-East. The LTTE shall have an absolute majority on the ISGA for four years, the Muslim and the Sinhala communities in the North-East shall have representatives in the ISGA, but an absolute majority means the LTTE will have more than 50 per cent.

The Chairperson will be elected by a majority vote of the ISGA, (which means the LTTE) and serve as Chief Executive. He shall appoint the Chief Administrator for the North-East and all officers. Representatives of the Muslim community have the right to participate in formulation of their role in the ISGA. The Muslims will have to accept the ISGA i.e. permanent subservience to the LTTE; they can only talk about their role in the ISGA. Can the Muslims settle for this lowly status when they are already more than 40% of the population of the East?

Fourteen

References to the Government of Sri Lanka (GOSL) in the proposal. The GOSL is mentioned in only ten places in the entire agreement and laws in the context of having to do something or give-up something; never in the context of exercising powers or rights reflecting the sovereignty of the State. The references are the following:

(a) Some members of the ISGA to be appointed by the Government;

(b) The ISGA to exercise all powers and functions of the Government in the North-East;

(c) The Government shall make good faith efforts to implement the recommendation of the ISGA for funds out of the Consolidated Funds;

(d) The proceeds of all grants and loans made by the Government to the North East general fund shall be under the control of the ISGA;

(e) The Armed Forces of the Government shall immediately vacate all land in the North East;

(f) The Government must also compensate owners of such land for past dispossession;

(g) The Government and the ISGA shall enter into a water use agreement

(h) All proceeds of agreements and contracts under the jurisdiction of the ISGA shall be paid by the Government to the ISGA;

(i) In the case of any dispute between the parties as to the interpretation or implementation of the agreement, it shall be referred to arbitration consisting of three persons, one by each of the parties, the Chairman to be appointed by both parties, and on the failure of agrement the parties shall request the President of the International Court of Justice to appoint a Chairperson in the determination of any such dispute there shall be parity of status of the LTTE and the Government. The above clauses virtually confer on the LTTE, the status of a sovereign entity.

Fifteen - Clause 16 - Land administration

The proposed Special Commission on Land Administration which is to report on the rights of dispossessed people over land subject to encroachment notwithstanding the lapse of any time relating to prescription puts in jeopardy the rights of impoverished settlers of all communities who were given State grants of land under prevailing laws from a time prior even to independence. This section is a potential time bomb. The dispossession of long established settlers will cause havoc.

Mr. Chairman, let me state categorically that all the major political parties in Sri Lanka are agree that the negotiations with the LTTE that have commenced must continue, that the proposals submitted by the LTTE must be used as a basis for negotiation and that the ceasefire must be maintained.

Finally, Mr. Chairman, I venture to suggest, that it will soon become necessary for India to consider seriously, I might even use the expression "face up to", the looming denouncement of the ethnic problem in Sri Lanka. On the part of India, a proactive involvement in shaping the solution to our problem will become inescapable.

This important influence should not be left to other countries outside our region who do not have, and should not be allowed to have, if my conceptual framework stands valid, a permanent stake in our region.

Some questions will arise.

What kind of constitutional arrangement in Sri Lanka will India be able to live with? A form of federalism? How close should it be to the India constitution? A confederation of two States in Sri Lanka? Two separate States with no link between them? Can India accept a "homeland" concept for the Tamil people? Can India accept the marginalisation of the Muslim community in the East when the Muslim community in India has been integrated into the Indian Union?

(Concluded)

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