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Sunday, 16 October 2005  
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CFA, human rights, elections

Ian Martin, international human rights expert met both sides to the conflict in Sri Lanka - the Government and the LTTE, last week. He was commissioned by both sides during the sixth round of negotiations held in Hakone to work out a Human Rights Declaration. The suspension of the negotiations put on hold work on this declaration. However a fresh attempt is being made now.

According to reports from Killinochchi the LTTE has requested Martin to delay the Declaration till the scheduled discussions on the Ceasefire Agreement (CFA) are held. The government, on the other hand, is insisting that human rights issues be addressed as soon as possible.

It is once again a stalemate of a sort. Tigers are masters in this game. It was either ISGA or nothing else, earlier. Then it was the venue for CFA talks - Killinochchi or outside Sri Lanka only.

The LTTE seems to be shy to discuss human rights. Their reluctance is understandable in the wake of the killing spree in the North and East, where the accusing finger has been pointed at them with or without reason.

The issue of human rights has become a problem needing urgent solution, especially in the wake of the forthcoming Presidential elections. It must be accepted that the atmosphere there is not conducive to the holding of a free and fair poll. Voter intimidation, killing of political rivals, intimidation of election officials all were commonly experienced during the 2004, 2000 and 1999 elections. There is no guarantee the situation will be different this time. Already we have witnessed a spate of killings, the last being the gunning down of two school principals.

The LTTE should understand that the human rights issue could not be postponed indefinitely without earning further wrath of the international community. Respect for human rights has become a litmus test deciding their sincerity towards a political solution and multi-party democracy.

Although the LTTE response to Ian Martin implies a separation of CFA revision from human rights issues the reality is not the same. In fact, the revision of the CFA has much to do with CFA clauses that deal with issues involving human rights such as conscription of child soldiers, abductions, killing of political opponents etc.

Hence, it is impossible to separate the two issues. Though CFA revision envisages respect for human rights its agenda is much broader. Conversely the issue of human rights also goes beyond the scope of CFA revision. Therefore, it is logical to assume that both the CFA revision and the Declaration on Human Rights in the North and the East are imperative. Further such a Declaration should be followed by a suitable human rights monitoring mechanism that can be efficiently operated unlike the present SLMM that monitors the CFA.

We call upon the government and the LTTE to begin talks on the revision of the CFA as both sides are agreed on its need without further delay. Perhaps a successful revision of the CFA would facilitate an early resumption of negotiations in which ambit the broader issue of human rights could be further discussed and agreements reached.

Meanwhile the LTTE should give an undertaking not to disturb the smooth functioning of the electoral process in the North and East, including the individual campaigns of the candidates and the exercise of the vote by the people of the area without fear or favour.

Wisdom at last

Wisdom has dawned on the authorities. At last they have decided to relax the bureaucratically imposed 100/200-metre buffer zone in the tsunami coastal belt. As we have repeatedly pointed out it was impractical and was made by officials who had no knowledge of the geography and population dynamics of the areas concerned. It was commonsense that fisher folk who lived in close proximity to the sea could not be relocated several kilometres inland as their livelihood depended on the sea and they had to have their fishing gear by the sea. Further it was discriminatory to uproot them from their natural habitat while allowing the tourist hotels to remain intact in their previous locations by the sea.

Even the devastating tsunami last December spared certain coastal areas. Perhaps it was due to their ground topography or due to specifics of offshore marine topography. Mangroves, coral reefs and other natural causes also minimised the danger in certain areas. To ignore all these and impose a blanket ban was a colossal mistake.

What was most incomprehensible was the almost one year delay in reversing this faulty decision. It shows the insensitivity of politicians and bureaucrats to the plight of human suffering. Only the elections and the intervention of Prime Minister Mahinda Rajapakse had alerted them to this human plight. Had they refrained from taking the original decision to impose a blanket ban, most rehabilitation and reconstruction of the tsunami areas could have been finished by now. As is always said better late than never.

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