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| Sunday, 16 November 2003 |
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| News Business Features Editorial
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Proposal for an Interim Self Governing Authority ISGA power to elected representatives only by Muttukrishna Sarvananthan
The Liberation Tigers of Tamil Eelam (LTTE) has submitted a proposal to set up an Interim Self Governing Authority (ISGA) for the North & East (N&E) Province of Sri Lanka. This is the first time the LTTE has come up with its own proposals for the resolution of the ethnic conflict in Sri Lanka, which is a positive development. The ISGA proposal is an astutely crafted and well-written document that deserves praise. Besides, LTTE's proposition for a secular ISGA is laudable. However, these proposals go beyond an "interim" administrative mechanism. Nonetheless, these proposals provide a sound basis for negotiating a final solution to the ethnic conflict in Sri Lanka. In any case, the executive powers sought by the proposed ISGA (whether in the interim or in the final solution) can be vested only to the representatives of the people of the N&E Province who are directly and freely elected by the people themselves. This review is written purely in the interest of the freedom and welfare of the people, especially Tamil-speaking, of the N&E Province of Sri Lanka. Omissions There are at least three significant omissions in the ISGA proposal; one is positive and the other two negative. The LTTE appears to have departed (at least on paper) from their claim to be the "sole" representatives to "authentic" representatives of the Tamils, which is a positive development. A far more critical omission is that nowhere is the term democracy used in the document. Though in Clause 3 - Elections it is mentioned that at the end of five years after the establishment of the ISGA free and fair elections will be held "in accordance with international democratic principles and standards under international observation", it is not convincing enough for two reasons. Firstly, an "independent Election Commission appointed by the ISGA" would hold these elections, which cannot be democratic because the un-elected LTTE representatives would control the ISGA. No guarantee Secondly, there is no guarantee that elections will be held after five years, because Clause 23 says that "This agreement shall continue until a new government for the North East, pursuant to a permanent negotiated settlement, is established. Provided, however, that at the end of four years if no final agreement has been reached between the Parties to this agreement, both Parties shall engage in negotiations in good faith for the purpose of adding, clarifying, and strengthening the terms of this agreement". Thus, Clause 23 gives a loophole for the LTTE to drag on the peace negotiations towards a permanent settlement beyond four years and seek extension/s and/or amendment/s to the present proposal rather than face an election. The LTTE can use Clause 23 to postpone elections indefinitely. Third omission is the term reconciliation from the ISGA document. If the ethnic conflict in Sri Lanka is to be resolved by federal system of governance then reconciliation between different ethnic communities is central. The ISGA document mentions about Resettlement, Rehabilitation, Reconstruction and Development (RRRD) only. The exclusion of reconciliation in the proposal casts doubt on the professed objectives of the ISGA. The reviewer's position is that the LTTE cannot be trusted on its words, rather it should be judged by its deeds. Although the ISGA proposal affirms the commitment to uphold "international human rights law", and make financial resources entrusted to the ISGA conforms to "internationally accepted accounting and auditing standards" there is no guarantee that these will be followed in practice given the LTTE's past record. Callous disregard Even if we forgive LTTE for reneging on similar commitments in the past during the time of war we cannot forgive LTTE's blatant disregard for its own commitments during the nearly two years two years of peace since early-2002. The following are some examples of LTTE's callous disregard for its own undertakings and commitments, and for international norms and values during the last two years of peacetime. * Although the LTTE gave an explicit commitment not to recruit children under the age of 18 to the UN Special Representative for Children in Armed Conflict in 1998 it continued to recruit children with impunity. In 2002, during the peacetime, the LTTE reiterated its commitment not to recruit children to the Director General of the UNICEF and agreed to release children under their custody. In accordance with an agreement with the UNICEF the LTTE released a first batch of 49 children to a transit and rehabilitation centre in Kilinochchi in October 2003. On the very next day after the release they forcibly abducted around 25 children in the Eastern town of Valaichenai. This is a vivid example of the contrast between the words and deeds of the LTTE even during peacetime. * The LTTE has, to date, failed to abide by the ruling of the Sri Lanka Monitoring Mission (SLMM) on the issue of a newly constructed camp in the Trincomalee district. The ruling is almost six months overdue. Besides, the LTTE sometimes refuses access to their territory for the SLMM, which goes against the Memorandum of Understanding (MoU). * The LTTE has still not adhered to the commitment made in the MoU with the GoSL in February 2002 on "free" movement of people through the A9 highway, because of the continued requirement to obtain a travel pass and imposition of several arbitrary and illegal taxes on the people and goods passing through the highway. * There are anecdotal evidences of the LTTE and TRO pilfering relief goods destined for the returning IDPs even during the last two years of peacetime. How can such an organisation entrusted with the task of maintenance of law and order and establishment of an independent judiciary ? In this reality the Clause 7 on Prevention of Bribery and Corruption and the commitment to "internationally accepted accounting and audit in standards" (Clause 13) sounds nakedly dubious. When the LTTE has not bothered to fulfil their commitments and undertakings in the past two years of de facto administration in the N&E, how can we expect it to fulfil commitments and undertakings made in the proposed ISGA ? Even without any legal status and power if they are able to act with impunity how can they change under a set up with such enormous "sole" executive powers? Recourse to justice Further, if the proposed ISGA fails to uphold the guaranteed rights and commitments, the people or the GoSL have no recourse to justice at the level of the Central Government. Although the proposal suggests establishment of an "independent" Human Rights Commission in the N&E (Clause 4) and setting up of a Tribunal to solve disputes between the parties to the agreement (Clause 22) they are totally inadequate to protect the rights of the people of the N&E. How can the proposed Human Rights Commission be independent when it is expected to be appointed by an un-elected ISGA? How can the proposed Tribunal be impartial when it is going to be represented by the un-elected LTTE and the GoSL in equal number ? Moreover, what is alarming is that "In the determination of any dispute the arbitrators shall ensure the parity of status of the LTTE and the GoSL and shall resolve disputes by reference only to the provisions of this agreement. The decision of the arbitrators shall be final and conclusive and it shall be binding on the Parties to the dispute". Under any federal administration there should be recourse to justice at the Central Government level if some dispute between a citizen and the regional government or between the regional and central governments cannot be resolved at the regional level. Dictatorship The LTTE's demand for an independent judiciary for the N&E and sole jurisdiction over maintenance of law and order under the ISGA would be unacceptable for the people of the N&E, particularly for the Tamils and Muslims. These would effectively lead to a "sole" or "authentic" dictatorship of the LTTE. Under any federal system judicial power and maintenance of law and order have to be developed to the regions. But such regional judicial service and police service have to be constituted by elected legislature on the basis of merit and competence. At the moment what the LTTE is asking for is the recognition and legitimisation of their de facto judicial and police services which cannot be accepted for a number of reasons. The judicial and police services of the LTTE are recruited by an un-elected organisation and the overwhelming selection criterion is the loyalty to the LTTE and its leader. Such an overtly partisan judiciary and police service cannot be independent and impartial and cannot represent a multi-ethnic Tamil nation in the N&E. No sane person in the N&E would accept a judicial service and a police force composed overwhelmingly of school dropouts. The ISGA proposal has totally disregarded the concerns and welfare of the largest minority community in the N&E, viz. the Muslim community. Even in the absence of an ISGA the LTTE has taken effective control of public and private institutions in the N&E Province during the past two years of peacetime. Besides, the LTTE trespasses on all walks of life by way of taxation. For instance, the Jaffna University (and to a lesser extent the Eastern University) is controlled by the LTTE through their proxies among students and academic staff. Print media The Tamil print media is another institution under the effective control of the LTTE. Not only the regional Tamil newspapers but also the national Tamil newspapers have been coerced and/or bribed to become LTTE's propaganda organs. For example, news reporters and journalists of a regional Tamil newspaper have been provided motorcycles by the LTTE to propagate their news and views. Almost all the Tamil newspapers (both national and regional) have shunned alternative news and views during the past two years of peacetime. If the LTTE's writ can run so effectively under a de facto politico-military administration what would be the fate of the people of the N&E under the proposed ISGA? The LTTE seems to demand executive powers and jurisdiction in line with the Palestinian Authority. However, what the LTTE fails to understand is that the Palestinian Authority is a duly elected body of the people of Palestine. The Palestinian people directly and freely elected President Yasser Arafat and the legislature. Therefore, if the LTTE wants to enjoy the powers it seeks through the proposed ISGA then it should face an election or at least a referendum in the N&E in order to legitimise their claim to be the authentic representatives of the Tamil people. A careful reading of the ISGA proposals by the LTTE reveals that their own interests have taken precedence over the interests of the Tamil community. That is, what the proposed ISGA envisages is monopoly of power to the LTTE and not devolution of power to the people (particularly Tamils) of the N&E. Several actions of the LTTE in the past two years (let alone the period before) also confirm this. Forcible prevention of the reopening of the Jaffna Public Library in February 2003 by the LTTE is one. Forcible cancellation of the National Sports Festival to have taken place in Jaffna in October 2003 is another. LTTE's opposition to the relocation of the Sri Lanka Army (SLA) camp at Ganams and Subhas hotels in the city of Jaffna to the edge of the city is the third example. Business community The business community of the Jaffna city has been demanding the closure of the SLA camp in the heart of the city in order to boost business resurgence. Though the SLA agreed to relocate this camp to the edge of the city the LTTE insisted on total withdrawal and thereby prevented normalcy being restored to the heart of the Jaffna city. The foregoing are some of the naked forcible actions by the LTTE to prevent restoration of normalcy and reconciliation in the past two years of peacetime. Reconciliation and restoration of normalcy in the N&E are anathema to the LTTE because those will deplete its propaganda arsenal. In the ISGA proposals the LTTE has sought compensation from the GoSL for forcible occupation of private lands by the armed forces in the high security zones and elsewhere. This is a justifiable demand. However, will the LTTE also compensate the Muslim people who were expelled from their habitats in the Northern Province and belongings removed by the LTTE? Further, after the LTTE forced the people of Jaffna to evacuate the peninsula in late-1995 they ransacked the deserted houses. Not only furniture and consumer durables but also windows, doors, and roof tiles were removed and taken away by the LTTE to the Vanni jungles. What military significance did these household furniture, windows, doors, and roof tiles have for the LTTE? Will the LTTE also compensate the private owners of dwellings whose possession they removed ? During the forcible evacuation of the Jaffna City in late-1995 the LTTE also removed chemicals, computers, and valuable books from the library of the University of Jaffna. Pillage This pillage of the belongings of the University of Jaffna by the LTTE was analogous to the burning of the Jaffna Public Library in 1981 by state-sponsored hooligans and armed forces. Will the LTTE pay compensation to the University of Jaffna ? Whilst demanding "parity of status" with the GoSL (Clause 22) will the LTTE apply the same parity of status as regards payment of compensation for past misdeeds during the time of war ? As mentioned at the outset the LTTE should and will be judged by its deeds than by its words whether by the Tamil community or the rest of Sri Lankans or the international community. Therefore, it is high time the LTTE transforms itself into a genuine democratic political organisation and subject itself to public scrutiny by way of referendum or election. Only then will they have legal and moral recognition. Certainly the ISGA proposals are worthy of consideration for a lasting durable solution to the ethnic conflict in Sri Lanka. However, the devolution of powers sought in the ISGA proposal can only be granted to elect representatives of the people of North & East, whether in the interim or in the long-term. |
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