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Reflections on the Peace Process

(Continued from last week)

by Dr. Kumar Rupesinghe

The Government has gone a long way in dealing with this question by appointing a permanent cadre of senior diplomats to service the Secretariat. The Prime Minister devotes most of his time to the problem of peace and he has two able Ministers to assist him.

Recently a Minister in the government complained that a serious problem facing the negotiations was the lack of documentation. This is indeed a serious issue. The LTTE on the other hand has excellent documentation, tapes and videos. Unfortunately, this knowledge is very sporadic and not easily available. Continuous research into comparative experiences in other countries, research into the different modalities of the process, such as cease-fires, disarmament, reconciliation requires an institution capability. Many working papers need to be drafted on a number of very complex issues.

There are bound to be difficulties, which both sides will encounter during the negotiations itself. They will reach deadlock on many issues. This is where problem solving techniques and different negotiating formats need to be available to both sides of the conflict.

Setting the time frame for negotiations is a complex and difficult question. The LTTE insists that the embargo on food and other essential items be lifted, the proscription on the LTTE be removed and troop withdrawals from the North and the East take place before formal negotiations begin. Experiences have shown that the LTTE will introduce new conditions as the process moves forward. The Government on the other hand would want to close the negotiations as soon as possible. The negotiations process has two phases, the prenegotiations phase when reciprocal confidence building measures are created. The second is the formal negotiations phase when issues of governance will be addressed. The Prime Minister has been wise to argue that the time frame for the negotiations need to be extended until all the necessary preconditions are fulfilled. But the timeframe for the Government and the LTTE are different. The Government is accountable and needs to resolve the issues so as to reduce the burden on the economy. The LTTE on the other hand has an obligation to end the suffering of the peoples living in the North and the East. .

The role of third parties

Norway has been officially requested to play a facilitation role by all the parties to the conflict. India and the international community have also accepted the role of Norway. Norway is a small and distant country with an outstanding commitment to peace. It has also accumulated experiences in the facilitation of peace in Civil Wars in the Middle East and Guatemala. The work of the facilitator is to assist, communicate, and create the conditions necessary for the negotiations process. The facilitator does not have leverage but is a trusted third party. Such a third party requires others to create leverage and a strategic framework. A facilitator's role is best when they are not in the media spotlight.

India will be careful about its potential role and it has learnt from its past interventions. However India will have to play a crucial role in the negotiations process. They retain a solid institutional memory of the conflict. They will have to guarantee any agreement that is reached. Both sides have requested a strong role for India.

In protracted civil wars war termination is successful if the International Community can play a role in creating a framework for supporting the negotiations process. Setting a framework means that parties are rewarded if they work towards agreed timelines. There are sanctions if the guidelines are violated. They help to create accountability and compliance mechanisms. The U.S., the U.K., Canada, Australia, Japan and the European Union could act as supporters of the process and provide an environment where both sides play according to accepted international standards. They can provide the carrots and sticks to ensure that both sides reach consensus. There are some who argue that Sri Lanka is of no strategic interest to the big powers. This surely will depend on the art of diplomacy and how foreign policy is articulated in the coming months.

Confidence building measures

In the past cease-fires has been a prelude to military build-ups and training by both sides. Reaching a formal agreement on the ceasefire and maintaining it is absolutely crucial to confidence building. It will ensure an environment of tranquillity and it will create the free flow of goods within the country and encourage economic revival. Comparative international experiences of ceasefires need to be utilised.

Lifting the embargo on food and other essential supplies is essential as a confidence building measure. The relevant authorities are currently addressing this issue. It is heartening to note that the Government has taken the lessons from the previous round of negotiations.

I am sure that the parties will address the problem of exchange of prisoners. There are significant numbers of missing persons, which causes considerable distress to their families.

The free movement of people is also being addressed by relaxation of controls; check points and the opening of roads both in the North and East. The inconveniences of the Tamils living in the South are being addressed.

There has been too little attention and focus on implementing the Official Languages Act. Other forms of grievances in respect of equal opportunity, the right to employment, discrimination need to be addressed

The use of language and restraint is very important. Sections of the media use intemperate language without thinking of the consequences of their words. The language of war needs to be converted to a language of peace.

The formal negotiations process needs to be backed by a strong and robust peace constituency. There is a strong peace movement in the South. The business community, religious leaders, peoples organisations, women's organisations, non-governmental organisations have maintained a sustained campaign over the years. A similar movement exists in the North and East. Building bridges amongst these constituencies is now taking place.

Sections of the media will be one of the strongest obstacles to peace. The media will be used to inflame the population. It must be noted that in a period of national emergency in the USA such as after the 11th of September all newspapers acted with serious restraint about its own news coverage. This is a delicate path in a democracy where the freedom of the press has been so jealously guarded.

In comparative experiences the question of decommissioning of weapons cannot be a prerequisite for negotiations. Decommissioning of weapons can happen once trust is developed and institutional structures for security are in place.

Lifting the ban on the LTTE need not be a major stumbling block. Creative solutions can be found for this. The Proscription may be lifted on a temporary basis in the country. Lifting the proscription abroad can create the basis for international involvement.

Material reconstruction needs to happen whilst the peace process is going on. I am sure that there are many blueprints available for the reconstruction of roads, infrastructure, resettlement of refugees, schooling and development. The resettlement of refugees who have been displaced by the war is urgent. They have been the hapless victims of the war and their resettlement will be a high priority of the agencies involved. Landmine clearance of war torn areas will require the cooperation of all sides to the conflict. Psychological reconstruction requires changes in mindsets from both the peoples. Institutions need to be created to ensure that the grievances of all communities are addressed. Truth Commissions have become an instrument ensuring that there is recognition of grievances. Over 20 countries have adopted this instrument in the furtherance of reconciliation.

In the longer term the future belongs to our children. They need to be equipped with an education, which informs them of their true history and civilisation. Such a discourse needs to encourage positive co-existence amongst all the peoples of this beautiful and potentially rich island. Each citizen has a stake in its future.

Dr. Kumar Rupesinghe was the former Sec. General of International Alert.

He has written and edited many books on Conflict Resolution which include: Civil War, Civil Peace and Negotiating Peace in Sri Lanka: Efforts, Failures and Lessons.

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