CFA... Redraft or abrogate?

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Minister and Prof. Tissa Vitharana urged that the Ceasefire be re-drafted Agreement while National Patriotic Movement President Dr. Gunadasa Amarasekara calls upon the government to abrogate the CFA.

Q: The Ceasefire Agreement (CFA) completed five years last Thursday. What are the advantages and disadvantages that Sri Lanka has received from it?

G.A: Well, all I can say is that there are no advantages whatsoever. We were given a false sense of peace. But the LTTE started eliminating our intelligence officers and Ranil Wickremesinghe turned a blind eye to protect their lives. He did not take any step that was taken to provide protection to officers. Ranil thought that removing barricades in Colombo is peace.

T.V: The open war came to an end and helped people to get back to normal lives. The North and East returned to near normalcy and people got the opportunity to lead a normal life. They were deprived of basic human needs by the LTTE, in order to get the support of Tamils on the grounds that the Government has neglected people in the North and East. As a result of the CFA, the LTTE lost the grip on the people. Infrastructure development started to facilitate the normal life of people. Differences among the LTTE leaders opened up which resulted in Karuna forming a faction. The negative side of the CFA was that the LTTE made use of the peace process to regroup and rebuild their military power.

Q: When one analyses the incidents that occurred during the last five years, could you tell me whether the CFA is really existence or not?

G.A: The point is that the CFA exists but it has been violated by the LTTE. Though people say it is dead it is very much alive. When the two parties went to Geneva they signed a document promising to safeguard the CFA and work accordingly. The Hela Urumaya spread the canard that the CFA, is dead. Now they have joined the Government as watch dogs. They have been given the ministerial bone to keep on licking. That is how they have been made silent.

T.V: The CFA exists only by name in but the concept is there. The LTTE violated it 3,827 times and killed anyone who opposed their view. However, the Government should not abrogate it but should call for a better and more effective CFA where the LTTE can't exploit it. We have to project ourselves before the international community and the public that we are only engaged in crushing LTTE terrorism but also as a benevolent Government which treats Tamils as part of its own people and wishes to solve their problem in a peaceful manner.

Q: What are the loopholes in the CFA?

G.A: The whole thing is flawed. It is a document prepared by the Norwegians for the benefit of the Tigers. Prabhakaran first signed it and Ranil followed him. This backboneless man signed this document betraying the country.

T.V: There was a provision that LTTE cadres can operate in Government held areas freely. Thereby, it helped them to carryout their propaganda and exert pressure on people and officials in order to get their requirements. There is no provision for Government representative to go to the LTTE held areas. Many loopholes are there in the CFA favouring the LTTE. So we have to correct these mistakes and formulate a fresh CFA which is fair to both sides while preventing the LTTE from getting undue advantage.

Q: During the last five years 944 civilians,1,156 soldiers and 2,250 LTTErs were killed. What is the use of the CFA if it does not stop violence and killings?

G.A: The CFA is useless from our point of view. But Prabhakaran is very keen to have it as he can do what he wants and the international community can interfere with our work. We can stop all such interferences if this is abrogated. If we start talks again, he will come out with a proposal that we have to return the recently captured lands to him according to the CFA. Prabhakaran will justify it and the international community will endorse it. What can the Government do if this happens? So the best thing is to throw the CFA to the bin and stop talking.

T.V: The CFA is essential if we are searching for a peaceful solution. It is true there were gross violations of the CFA. There were shortcomings in the CFA which were exploited by the LTTE. If we abrogate it, we are sending a message that we are for war rather than for a peaceful solution. Terrorist activities have resulted in killing innocent people. As a result of the LTTE obstructions, a section of Tamils did not receive food and medicine. The LTTE is relentlessly trying to project that the Government is carrying out genocide against Tamils. So there is a danger of bringing a resolution to the UN. We should not get caught to this trap. If UN, troops come, what happen in Kosovo and Cyprus could happen here. So the Government should not abrogate the CFA and go for the war.

Q: President Mahinda Rajapaksa told the BBC on February 10 "We realised we have made a mistake. Through the peace pact we have demarcated the LTTE controlled areas". Prabhakaran in his heroes day message said the CFA is just a piece of paper. So why do we need this CFA?

G.A: If the President says it is a mistake, I agree with him. Through the CFA we have given a de facto Government to Prabhakaran. So what the President said is quite correct. Therefore, immediately the President should abrogate it because this is not only a mistake but this is an illegal pact signed by Prabhakaran and Ranil. It was not presented to Parliament and sanctioned by the then President. Since it was signed, when the PTA was in force, Ranil can be imprisoned for seven years as he had committed a criminal offence. If he genuinely feels that it's a mistake, we fully endorse it. If he wants a new pact he can work on it. Prabhakaran says that it's a piece of paper because it was not implemented. But that does not mean that it is wrong but the CFA kept going. He wants it to be implemented.

T.V: What they are saying is probably true, but we have to give a message to our people particularly the Tamils and the world at large that we are a Government committed for a peaceful solution and do not have faith in a military solution. Otherwise, the attitude and sympathy of the Tamils and others will go against the Government favouring the LTTE. We must not allow it to happen. If Prabhakaran says it's a piece of paper, let him give two weeks notice and abrogate it. Then the fault will be on Prabhakaran for moving away from a peaceful solution.

Q: Some fear that since the CFA has completed five years, is has become an internationally binding document because Norway is involved in it. What is the real position?

G.A: I think the fear is not unfounded. There are no international laws in this process other than traditions. So there is no such written law to say that CFA became legal after five years and this de facto Government became de jure. But Tigers try their best to claim it. The best example is that on February 14, Tigers wrote to the United Nations for the first time stating that there is a de facto state in Sri Lanka with separate force, police, administration, universities, judicial system, etc. required for a state. They claimed that they are a de facto state and need not be treated as a terrorist group but should be recognised as a separate state. So I fear that few countries will recognise their plea.

T.V: There is no justification of that statement. The CFA was signed without any time limit. The only limitation was that either party can abrogate it by giving two weeks notice. As long as it has passed five years, there is no obligation as claimed by some people that the Government, international community, or international judicial system must recognise the North and East as a separate state. There is no provision at all. This is a completely false view and it has been spread to mislead the people.

Q: Are there provisions in the CFA which are against the Constitution of Sri Lanka?

G.A: Number of cases has been filed against the CFA questioning the legality but the Supreme Court has not taken it up so far.

T.V: Well, only thing is that this document should have been signed by the President as the Chief Executive, but it has not been signed. So there is a question of legality as a result. On the other hand, the President can empower the person who signed the document to do so on his behalf. I don't know whether that has happened. There may be issues like that but what is important is how we are going to solve the problem. What is important is whether all these laws ultimately help people to lead a better life and not the question is legality?

Q: Some are of the view that Chandrika and Ranil internationalised this issue. They are of the view we have got caught to the grip of the international community. As a result the Sri Lankan Government finds it difficult to protect the sovereignty of the country and the rights of the people. What are your views?

G.A: You are quite correct. The point is what I see in the CFA is a part of the process that has been going on. It started with LiamFox coming here as mediator. Internationalisation of the issue started with Chandrika. Then it continued with Ranil and Prabhakaran. This is not going to stop. You can see they are the state managers today who dictate to us. We have become helpless onlookers and we can't challenge them because we are living at the mercy of the international community. We have to put a stop to this if we want to save this country. This is absolute neo colonialism. I think we have to take bold steps. We have to tell them that we are not worried about aid and are not going to kneel down just because of aid.

T.V: Frankly, I and the LSSP oppose internationalising this issue. We could have solved it ourselves. It should not have been done. Since it has been internationalised suddenly we can't withdraw immediately. The world at large is now looking at us. We have to act in that context respecting international opinion without necessarily bowing down to their pressure. We have to be clever enough to resist the international interest to supercede national interest. I categorically state, the LSSP always opposed imperialism and present America led imperialism that rules the world today. We have to act in a way that will retain international public opinion with us not fall prey to forces of international power. We must not allow the situation in Iraq to happen here. We have to tactfully handle this issue while getting international public support. We can make use of the international mediators without falling prey to them.

Q: Some countries banned the LTTE but when the LTTE commit any violence like killing 68 people in Kabethigollewa, they just condemned it, but brought undue pressure on the Government when the Government launched a military operation to recover Mavil Aru bund and Vakarai area on humanitarian grounds. Why does the international Community behave like this?

G.A: Banning is just an eye wash. One thing we have to realise is that the international community is hell-bent on dividing this country. That is why they are crying for human rights. 38 US MPs wrote to President Bush and urged him to appoint a special envoy to look into the human rights record of Sri Lanka. Our people should realise this. Prabhakaran is just a puppet in their hands.

T.V: I agree with you that the international community should not behave in that manner and respect the sovereignty of the people. The Government should have a free hand to act against terrorism in the interest of the people. We have seen this type of action by the international community.