Agreements that Betrayed Sri Lanka: Interim Self-Governing Authority
Shenali Waduge
Parliament is supreme |
Ranil Wickremesinghe won parliamentary elections in December 2001 and
within two months signed the ceasefire agreement placing a terrorist
organization on par with a democratic government and virtually allowing
the LTTE a carte blanche – an agreement like the Indo-Lanka Accord
withheld from the people of Sri Lanka and even Ranil Wickremesinghe’s
own Cabinet.
President Kumaratunga remained President from 1994 and it was on
November 1, 2003 that the LTTE submitted proposals for an interim
self-governing authority (ISGA) that would more or less legally seal
what the ceasefire had provisionally established. The race between UNF
and President Kumaratunga was who would get hold of the USD five billion
kitty that the West was dangling in order to get Sri Lanka’s own leaders
to betray their nation. Credit must be given when credit is deserved and
it was the JVP and patriotic forces that brought to light the fate of
the nation had Sri Lanka’s leaders agreed to sign the LTTE proposed ISGA.
Lakshman Kadirgamar |
Jayantha Dhanapala |
On November 4, while PM Wickremesinghe was overseas, President
Kumaratunga suspended Parliament taking under her the Ministries of
Defense, Interior and Information and ordered troops to key
installations and declared a state of emergency the next day. President
Kumaratunga dissolved Parliament on February 7, 2004 and called for
elections on April 2, 2004 which the SLFP-JVP alliance won. UNF were now
out of the picture.
Peace secretariat
Lakshman Kadirgamar became Sri Lanka’s Foreign Minister which Mangala
Samaraweera took over after his demise at the hands of the LTTE. It was
Kadirgamar who made public his reservations about the LTTE’s ISGA
proposals rejecting it on the grounds that it would pave the way for a
separate state (speech at Brookings Institute Washington) - the response
from President Kumaratunga was that she would not involve him directly
in talks with the LTTE.
Jayantha Dhanapala became the head of the peace secretariat from June
1, 2004 till November 2005 and also functioned as President
Kumaratunga’s Senior Advisor.
The Interim Self-Governing Authority (ISGA) proposed by LTTE for the
“North East” of Sri Lanka was made public on November 1, 2003.
ISGA focused on seven areas outside of the “North East”
1. Sri Lankan government to appoint representatives to the ISGA
2. Monies from Sri Lankan Governments Consolidated Funds to be
allocated to “North East”. (amount of money not determined)
3. Funds given by multi and bi-lateral institutions for
reconstruction and development of “North East” to be utilized under ISGA
supervision (giving to non-state actor with ISGA determining how money
is spent)
4. ISGA to seek assistance of international human rights bodies and
ISGA governed by international treaties signed by Sri Lankan government.
5. Internationally reputed firm appointed to audit all Funds provided
by international bodies.
6. Disputes between LTTE and SLG to be arbitrated by a committee
headed by a member appointed by the ICC (similar to procedure agreed in
Article v(2) or Annex 2 to the Dayton Accords which ended war in Bosnia)
Jaffna town, a bustling business centre |
7. ISGA to have power to borrow internally and externally, provide
guarantees and indemnities, receive aid directly and engage in or
regulate internal and external trade.
Title of document: “Proposal by the Liberation Tigers of Tamil Eelam
on behalf of the Tamil people for an agreement to establish an interim
self-governing authority for the North East of the island of Sri Lanka”
* LTTE thanked the Norwegian government, the Norwegian people and the
International Community.
* Drew upon fact that the Tamil people mandated their “elected”
representatives to establish an independent sovereign, secular State for
the Tamil people subsequent to the Vaddukoddai resolution of 1976. (Who
“mandated” the LTTE)
* LTTE claims Tamil armed struggle is self-defence (Was it in self
defence that the LTTE killed Lakshman Kadirgamar, Alfred Duraiappah and
over 250 Tamil leaders and respected Tamils whilst targeting and killing
thousands of innocent civilians?)
* LTTE claims rights to self-determination only after four decades of
non-violent (Did no one care to bring up over 400 suicide attacks/bombs
by LTTE throughout this period) and constitutional struggle proved
futile and due to absence of means to resolve conflict (How
“non-violent” and “constitutional” was LTTE “struggle” and did they not
take part in five peace talks and countless ceasefires which they walked
away from)
* LTTE claims it first took peaceful methods by declaring a ceasefire
in December 2000 and December 2001(resulted thereafter in over 10,000
CFA violations)
* LTTE claims it exercises effective control and jurisdiction over
the majority of the North East area.
* LTTE acknowledges the recognition by the GOSL of the need for an
ISGA as given in its 2000 election manifesto.(this is very interesting
and the architects of this agreement may like to disclose this
manifesto)
* LTTE proposed ISGA gives Muslims the right to participate in
formulating their role in ISGA.
Covered 23 headings
1. ISGA was to cove eight districts of North East - Amparai,
Batticoloa, Jaffna, Kilinochchi, Mannar, Mullaitivu, Trincomalee and
Vavuniya (North East)
2. Composition of ISGA –
* ISGA must have an absolute majority of LTTE appointees over Muslim
and Sinhala communities.
* Members appointed by LTTE
* Members appointed by GOSL(no mention of a Sinhala appointee in a
country with 74 per cent majority)
* Members appointed by Muslim community
* Chairperson by majority vote would mean an LTTE member at all times
serving as chairperson.
* Chairperson appoints the Chief Administrator for North East – which
again means a LTTE member
3. Elections – held only after five years. ISGA to appoint an
Elections Commission/Commissioner
4. Human Rights – application of international HR laws. Appointing
independent Human Rights Commission appointed by ISGA
5. Secularism – no religion to be given foremost place in NE
(terrorists do not have religion)
6. Prohibition against discrimination – pertaining to religion, race,
caste, national or regional origin, age or gender in NE
7. Prevention of bribery and corruption – prohibited
8. Protection of all communities – no law, regulation, rule, order or
decision confers privilege on any community concerning culture or
religion (liberal thinking mindset)
9. Jurisdiction of ISGA – plenary powers for governance of NE –
inclusive rehabilitation, reconstruction, development, improvement and
upgrading of existing services, imposition of taxes, revenue, levies,
duties, law and order over land – translated means everything that a
sovereign government undertakes.
10. Separation of powers – separate institutes for justice in NE,
11. Finance – ISGA to prepare annual budget, Financial Commission
appointed by ISGA (invariably LTTE as it holds the majority); GOSL is
bound by “good faith” to implement the recommendations. Funds to include
NE General Fund, NE Reconstruction Fund (NERF), Special Fund
a. NE General Fund – GOSL takes loans and gives to ISGA
b. NE Reconstruction Fund – directly supervised by ISGA
c. Special Fund – loans and grants which cannot be channeled through
NERF will be received by the Special Fund which ISGA will control
12. Powers to borrow, receive aid and trade – ISGA shall have powers
to borrow internally and externally, provide guarantees and indemnities,
receive aid directly and engage in or regulate internal and external
trade. (Is this not what a sovereign nation does as well? Did the GOSL
officials actually consent to agreeing to such clauses)
13. Accounting and auditing of funds – ISGA to appoint Auditor
General.
14. District Committees – to carry out administration of ISGA
districts. Chairpersons for the six districts to be appointed by ISGA
and other members appointed by ISGA (which means LTTE will make all
appointments)
15. Administration – ISGA has discretion to create expert advisory
committees pertaining to economic affairs, financial affairs, judicial
affairs, resettlement and rehabilitation affairs, development of
infrastructure and essential services etc.
16. Administration of land – ISGA has powers to alienate and
determine appropriate use of all land in NE that is not privately owned
(ie. All State land belonging to Sovereign Sri Lanka) ISGA to appoint a
Special Commission on Administration of land to inquire into rights of
dispossessed people.
17. Resettlement of Occupied Lands – lands occupied by Armed Forces
of GOSL has to be immediate vacated and restored to the previous owners
(ie. GOSL army will end up having to officially vacate the NE – this
virtually means handing over power over NE to the LTTE) GOSL has to also
compensate the owners for the past dispossession of their land.
18. Marine and offshore resources – ISGA shall have control over the
marine and offshore resources of adjacent seas and power to regulate
access
19. Natural resources – ISGA shall control natural resources of the
NE region. Existing agreements relating to natural resources will
continue. GOSL shall ensure all monies due under such agreements are
paid to the ISGA.
20. Water use – upper riparian users of river system to ensure fair,
equitable and reasonable use of water and GOSL must follow the principle
(the downfall of the LTTE began with its foolish decision to cut the
flow of water to people in the Mavilaru)
21. Agreements and contracts – all future agreements under the
jurisdiction of the ISGA shall be made by ISGA while existing agreements
signed by GOSL will have to be renewed with the concurrence of the ISGA
(with LTTE controlling ISGA this means the Sinhala and Muslim
representatives were to function as silent spectators to the tragi-comedy)
22. Settlement of disputes – Norwegian government to act as mediator
through a tribunal consisting three members – two appointed by each
party.
23. Operational period – The agreement is to continue through NE for
five year period and approach of “good faith” is to be followed.
The JVP and the National Patriotic Movement vehemently objected to
accepting the ISGA and even threatened to withdraw support to the UPFA
government. The GOSL had to in turn response with an alternate offer
which they called – Interim Self Governing Council (ISGC).
However, LTTE insisted on the ISGA through the TNA who told Donald
Camp – Deputy US Assistant Secretary of State for South Asian Affairs
that LTTE wanted a written undertaking that the GOSL would give priority
to the ISGA (another proof of TNA-LTTE link).
The LTTE was giving a “take it or leave it” offer – on what grounds
did the UPFA policy makers even consider agreeing to talk on a proposal
that would virtually hand control to the LTTE?
The carrot obviously was the USDfive billion international
development aid package which was purposely being tied to progress in
peace – in other words what the international community was doing was to
dangle money to get the GOSL to sign a deal that would write off its
sovereignty by the nation’s own leaders.
Therefore, all the men and women who agreed or watched the agreement
through various stages are no different to those that watched and took
part in the 2002 ceasefire agreement. Surely there were lessons that
were to be learnt.
When a proposal is being given that would give LTTE right to impose
rule of law, collect taxes, run the administration, deal with external
players and strike deals with them, conduct trade with them in exchange
that the LTTE agreed to drop its demand for an independent Tamil Eelam.
Was the GOSL seriously dumb enough to accept LTTE’s dropping of a
word (Tamil Eelam) by giving everything that LTTE demanded which would
invariably constitute what an autonomous nation could legitimately carry
out internally and externally?
Did the GOSL officials not realize that the ISGA was legally taking
control of the entire area and fooling the country’s top decision makers
by simply stating they had dropped the quest for Tamil Eelam?
Even a school going child would have realized the dangers.
Did the officials handling the negotiations with the LTTE not realize
the damage of agreeing to LTTE holding the absolute majority in the ISGA?
Why was Lakshman Kadirgamar’s advice not taken?
Did these officials not wonder at the damage to a country giving LTTE
a carte blanche – with plenary powers for governance of the north-east
including imposition of taxes, levies? How could these government
officials agree to allow the LTTE to control all of the expenses for
running the ISGA? Would officials of sane mind agree to allow LTTE the
power to borrow internally and externally, provide guarantees and
indemnities, receive aid directly and engage in or regulate internal and
external trade?
LTTE crimes
Any right thinking government should not give any of these officials
any role for going along with this scheming manoevre!
How could none of the alarm bells that we ordinary people can read
into in reading the clauses of the ISGA agreement not enter the minds of
the public officials privy to the documents when they are well aware of
how angelic the LTTE in reality functions – surely these officials were
not asleep for three decades to be clueless about LTTE crimes? Yes,
there is forgive and forget but we are talking about every month a bomb
or assassination that lasted 30 years all courtesy LTTE!
Did these officials seriously consider agreeing to remove the Armed
Forces of the GOSL and accept that the GOSL would compensate the owners
for the past dispossession of their land?
The ISGA was welcomed at different levels:
Internationally,
* US Deputy Secretary of State Richard Armitage said “the first time
I have seen such a comprehensive delineation of the aspirations of the
LTTE...it is significant”.
* The European Union’s Head of Mission in Colombo welcomed the
proposals as an “important step forward in the peace process”
Locally,
* The GOSL reacted by stating that the proposal “differs in
fundamental respects from the proposals submitted by the GOSL. The GOSL
is convinced that the way forward lies through direct discussion of the
issues arising from both sets of proposals”. (whatever that means –
gobbledygook statements end up confusing everyone)
* R. Sampanthan, leader of the TNA, said “The ISGA proposal bears
historical importance in the political history of Tamils in the island.
The ISGA provides a base to find a permanent political solution to the
Tamil national question”.
* The Sri Lanka Freedom Party (SLFP), the main opposition party in
the Sri Lankan Parliament, expressed grave concern over ISGA proposals
saying “it will never be a party to robbing the people of Sri Lanka of
their sovereignty”.
* JVP said the proposals deserve no discussions with any one and
should be thrown into waste paper basket. The JVP pointed out that the
proposal contained all powers required for a separate state in the
island.
Then we have the peace doves,
* Jehan Perera comments “With its proposals for an Interim Self
Governing Authority, the LTTE has given concrete form to its
expectations in a manner that is essentially compatible with peaceful
coexistence in a united Sri Lanka.” (2003)
* Prof. Oberst of Nebraska Wesleyan University says that rejection of
LTTE’s Interim Self-Governing Authority (ISGA) proposal by a number of
political parties reflects “a sad pattern of Sri Lankan conflict.”
(ICES) What must not be forgotten is that if not for the JVP and
objections of the national patriotic forces President Kumaratunga would
have ignored Lakshman Kadirgamar’s warnings and together with her
entourage of advisors proceeded to agree and seal another detrimental
agreement no different to the 2002 ceasefire. People need to always
remember the agreements that betrayed the nation and the people who
betrayed the nation as well. |