Joint Mechanism - fact and fiction

THE JVP issued a detailed analysis of the proposals contained in the Joint Mechanism. We have now examined it in relation to the proposals now published.

They said that the JM is to cover the whole area of the North and East and that it was conferring power over the area to the LTTE. This is wrong. The proposal covers only the tsunami damaged littoral strip of 2 miles from the sea.

They do not deny the need for reconstruction and rehabilitation of the area under the control of the LTTE, which they have sought to belittle. But in a humanitarian endeavour one cannot ignore those affected even if they are few.

They also concede that the government officials cannot enter the LTTE controlled areas under the provisions of the Ceasefire Agreement.

The JVP does not want the LTTE to be allowed to participate jointly with the Government for the reason that it may mean the recognition of the LTTE as a stakeholder and its control of territory. But this has been already done by the CFA.

Despite being in the Government for one year, the JVP has not called for the abrogation of the CFA, and de-recognition of the LTTE. The proscription of the LTTE was lifted in 2002 and no party has demanded that the proscription be re-introduced.

The Government has carried out relief and reconstruction utilizing local, foreign aid, and resources. The LTTE has pointed out to the Aid Donors that the aid received has not been equitably distributed between the North - East and the South. They have asked for aid to the area under their control, which was damaged, to be given directly to them.

However, the LTTE is proscribed in many of these countries and they cannot comply with such request. Therefore, they have asked the Government of Sri Lanka to set up a consultative mechanism to consult all the stakeholders including the LTTE and distribute aid to their areas of control as well.

The JVP said that the JM is a new legal structure. It is not so. It is an administrative arrangement which the Executive President can formulate, no different from the numerous inter-ministerial and inter-departmental committees in the administrative machinery.

It does not confer status of government officials on the LTTE as falsely made out by the JVP. The top level Committee is to formulate policies for the allocation and disbursement of donor funds.

The Treasury will retain the function of actually allocating and disbursing the donor funds. Donor funds are not given in advance but are consequent on project approval and implementation. Implementation will be according to the transparent financial procedures of the donor organisations.

There is no possibility of the LTTE hijacking the donor funds as made out by the JVP. The Government has been discussing the subject with the LTTE for several months and the LTTE agreed to a compromise formula put forward by Norway.

The JVP says if the JM is established it will not be possible to stop the Tamil terrorists from dealing with foreign donor agencies and various foreign state institutions, by virtue of "diplomatic relations".

The LTTE has tried to get such recognition and failed so far. But if we do not make some accommodation to enable them to get donor aid for areas under their control, the donors are more likely to deal directly with them.

Although not laid down as a condition it is apparent that the aid is conditional on setting up the consultative mechanism, which includes the LTTE. It is very unlikely that the South will get aid for tsunami reconstruction unless the consultative mechanism is set up.

The Central Bank has said that if we do not get aid we will find it difficult to fund the reconstruction without increasing the budget deficit to 9% of GDP which also involves more money creation which in turn push up the already high inflation.

It is true that the LTTE is a terrorist organization although we removed its proscription in 2002. The people expressed their wish for a peaceful negotiated settlement to the ethnic issue when CBK contested in 1994 and Ranil in 2001.

There is no evidence that the people have changed their minds since the Rata Perata program did not envisage otherwise. The JVP should have demanded abrogation of the CFA if there is to be no such negotiations with the LTTE.

If there is to be a peaceful negotiated settlement instead of war, there is no alternative but to deal with the enemy even if it is a ruthless terrorist. Britain negotiated with Jomo Kenyatta and the Maw Maw. The White South African regime negotiated with the ANCL and made peace.

Even the Israelis seem to be having low level talks with the Hamas after the latter recently won elections in several local authorities. India and Pakistan opened bus service between the two disputed parts of Kashmir from Srinagar to Muzzarabad after 55 years. They are also opening roads between the two Kashmirs.

Those who refuse to talk to the enemy as Serbia to Kosovo Liberation Army, or refuse to accept fair solutions as in Cyprus, end up as separate states. It is not only necessary to talk but also to enter into peaceful civilian co-operative efforts to develop to build confidence and resolve the problem permanently. Who can deny this?

The opportunity has presented itself by the tsunami to do so using other people's money-foreign aid. If we want to resolve the conflict with the LTTE peacefully, can we forego this opportunity?

In fact, such a mechanism will give the Government experience in working together, which will be necessary for any permanent settlement although such a settlement should include all Tamil parties.

Thousands of internally displaced people are in refugee camps and looked after by the UNHCR. Under the CFA, both parties are required to restore normal life and resettle the IDPs.

We urge the UNP to put aside any resentment due to the unfair dissolution of Parliament by the President last year and to extend its full support to the President on the JM issue. It is in the enlightened interest of the UNP itself for it would inherit the problem.

Stanley Jayaweera, Retired Foreign Service, former High Commissioner and ambassador

R.M.B. Senanayake, Retired Ceylon Civil Service Issued on behalf of Avadhi Lanka