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Kumar Rupesinghe Report on East : 'Wide powers to Joint Task Force'

by Kumar Rupesinghe

[The report 'Enhancing Human Security in the Eastern Province of Sri Lanka' was written by Dr. Kumar Rupesinghe after he toured the Province recently and met the various actors in the region, including government and armed forces officers, the LTTE, community leaders, local professional bodies, and human rights groups. The tour and Report was commissioned as a joint initiative of the Centre for Policy Alternatives (CPA) and the Berghof Foundation for Conflict Studies, Sri Lanka Office. One recommendation in the Report, for an Ombudsman for the East to intervene in conflicts there, has already been taken up by the Government. We publish excerpts from the Report including the wide-ranging Recommendations for action.]

The paper examines the current security situation in the Eastern Province, which constitutes a severe challenge to the peace process in Sri Lanka. The assurance of human security must be seen as the strategic priority for a peace settlement in the North and the East.

This paper argues that, whilst Track I diplomacy has been largely successful, Track II initiatives involving citizen-based initiatives are lagging far behind. Unless Track II initiatives are addressed, there is a danger of destabilization and confrontation in the Eastern Province. The issue is one of sequencing and phasing the various phases of the negotiations process. An immediate and urgent issue that must be addressed is the question of human security in the Eastern Province.

Measures have to be taken immediately to create a comprehensive security framework. The issue of resettlement and reconstruction of the war-torn areas assumes a high priority if it is to meet the needs and expectations of the large numbers of returnees. Confidence building measures with regards to fishing, the free movements of people, the relaxation of security zones, and the removal of land mines must be conducted simultaneously.

The immediate grievances of the communities, especially concerning land questions need to be addressed as soon as possible. The fundamental challenges facing the communities are: the power-sharing arrangements, representation, minority rights, and protection of human rights. These issues should be addressed. The question of human security remains the paramount concern in the region.

The following Recommendations have been drafted for action.

Recommendations Confidence building measures

* Give all powers to the Joint Task Force (JTF), which should be the focal point for all matters dealing with security, relief, rehabilitation, and reconciliation. Such a focal point is absolutely necessary. The JTF should be given wide powers to engage in the necessary coordination and decision-making. It should ensure confidence-building measures on the ground.

* Remove all restriction on fishing. Fishing continues to be the livelihood for a large proportion of the population in Trincomalee. Any step towards relaxing this restriction would go a long way to ensure the economic recovery of the district.

* Ensure the free movement of peoples. Although most of the restrictions on the free movement of peoples have been removed, there are still restrictions with regard to the movement of ferries from one point to another. These are irritants for those who travel from Muttur to Trincomalee where the ferry must take a detour, which takes over one hour more. Whilst the major roadblocks have been removed, there are still minor roadblocks and checkpoints, which irritate the general public.

* Ensure that the Tamil language provisions are implemented in the police, administration and judicial system. Some of the immediate measures that can be taken are to ensure that at least two Tamil policemen are employed at the police stations in the region. This can considerably enhance a sense of belonging and identity for the Tamil and Muslim population.

* Conduct joint meetings between the LTTE, SLMC and the TNA, which could demonstrate a unity of purpose. Currently no such joint meetings take place. Such joint meetings between the parties could go a long way to ensure an environment of political coexistence.

* Highest priority to be given to landmine clearance. People's livelihood in agriculture and the freedom of movement is seriously affected by delays in clearing the area. The signing of the land Mines Protocol will go a long way in obtaining the necessary donor support for this massive effort.

* Develop a clear communications strategy, which can inform the people of the region on what is actually occurring. The use of the radio and media focused on the Eastern Province can make an enormous difference in controlling rumor and sensationalism.

* Review progress on High Security Zones. This should be a high priority issue to the JTF. This has already been announced and will be the subject of further discussions in Thailand. High Security Zones create a situation where large numbers of refugees are still not able to return to their places of residence.

* Return houses and other properties belonging to the people. Whilst schools and places of religious worship have been vacated by the armed forces, there are still houses belonging to Tamils, Muslims, and Sinhalese.

* Establish a coordinating unit for information analysis between the military, NIB, and police. It is necessary to establish a coordinating unit, which can coordinate intelligence activities and ensure that this information and analysis is immediately transmitted to the Prime Minister and the National Security Council.

* Create an integrated information system at the state level. Priority must be given to ensuring preventive action. Regular meetings to be held between the police, military, STF, and the LTTE.

* Establish a civilian based early warning rapid response mechanism. This information system requires the cooperation of an independent, non-governmental organization. A fully-fledged documentation system is required, including a chronology of events and a bibliographic database. A group of information monitors need to be trained in conflict analysis. This institute should build a network of information centers in the region. The center should develop forecasting models. International experiences must be mobilized in capacity building for early warning information.

* Build capacity at the civil society level for collection and monitoring of information. There is a dearth of information relating to war victims, ex-combatants, political detainees, torture victims, disappearances, rejected political asylum seekers, women students, children and displacements. This capacity building could be attained through a decentralized network with a clear division of labour and provisions made for training in documentation and information handling.

* Establish a Special Envoy/Ombudsmen to work closely with the Prime Minister and the JTF. The Special Envoy can be a focal point for coordination of security, intelligence and confidence building in the region.

Power sharing

* Appoint a committee to look at the modalities of restructuring the administrative system in accordance with the aspirations of the people of the North East. An expert committee needs to be sought with international experts drawn from the international community.

* Appoint a committee to study international experiences in the reintegration of police and security forces that addresses the ethnic balance in the North East.

* Conduct regular seminars with civil society institutions and citizens into the benefits that an Interim Administration could bring to the entire country. These workshops and seminars need to look at the positive advantages for the entire country in having a strong economic growth center in the North East.

* Papers and workshops on power-sharing models and representation in the future Interim Administration should be held in the region.

* The Sinhalese community should be encouraged to develop a position paper regarding the future power-sharing arrangements.

Human Security

* Establish a Joint Task Force between the LTTE and state security forces for ensuring human security. Rapid response mechanism to be developed between LTTE and Government for any threats to human security.

* Training of police in peacekeeping operations. The police require training in conflict resolution and peace keeping operations.

* Due regard to be given to security and police powers in the Interim Administration. A correct ethnic balance needs to be maintained in any regional police force that will be created. There needs to be equitable distribution in the formation of the police force. The experience of the work in the structural transformation of the Ulster Police Constabulary in Northern Ireland may be useful.

* Ensure the presence of an unarmed volunteer force which has been used with good affect in other conflict regions. The creation of unarmed peace monitors who can accompany, monitor, and be present. The Non-Violence Peace Force has offered such a service.

* Create peace and reconciliation committees within each village based on independence and impartiality. Such citizen committees need to be composed of eminent citizens from all communities. Provide training for such peace and reconciliation committees. A working group to be established to draft the terms of reference for such committees. Proper authority to be given to such committees.

Relief and rehabilitation

* Establish a special unit to deal with returnees who return home and their original legal title to their land.

* Prioritize refugees in welfare centers concerning the resettlement of people. Children affected by the war are given high priority.

* Studies to be undertaken on the resettlement of IDPs and refugees in existing villages on how these problems have been solved in other countries. There are many questions as to the efficacy of a mere cash disbursement. How the victims can be involved with the villages in such rehabilitation efforts needs to be studied.

Coexistence, reconciliation and dispute settlement

* Ensure proper documentation relating to victims. The first step in victim protection is that the grievances and past atrocities are properly documented. The documentation relating to disappearances, extra-judicial killings, torture, rape, forced evictions of peoples, have not been systematically documented. It is only now that full documentation is conducted with regards IDPs. Therefore, capacity building for human rights documentation is a first step in a process.

* Record and document the forced evictions of land and property. People expect the land to be returned to them or compensated for their lost agricultural land or homes. To achieve results, rights to the land, titles, and other documentation needs to be developed. A working group should be established to develop a mandate and modalities for such an institution to be established immediately. The JTF should take up this recommendation immediately.

* Establish reconciliation mechanisms at the grass roots level. Until a Truth and Reconciliation Commission is established for the whole country, there are however other forms of reconciliation that must be encouraged. Eminent persons from each district, such as retired judges, lawyers, religious leaders and non-governmental organization should start a series of consultations and workshops. These consultations need to be well designed and conducted in a professional manner. International assistance needs to be sought and experts involved in designing such a process.

* Document grass roots reconciliation practices. What are the spontaneous forms of reconciliation that exist in the cultural traditions of the villages? How do they deal with trauma?, and What are their perception of perpetrators and victims?

* Create a reconciliation movement consisting of religious leaders who can convene a conference of all religions.

* Design Track II initiatives to create multi stakeholder involvement. The first stage is to identify key actors within each community and work towards a process of identifying grievances and forms of reconciliation. These consultations should include those working closely with the LTTE, Muslim and Sinhalese leaders who enjoy legitimacy within their communities.

* Develop dispute resolution mechanisms at the regional, district, and local level. These mechanisms are necessary since there are numerous disputes, claims, and counter claims that are going to build up over time.

These mechanisms need to be placed within the Interim Administration itself and then filter down to the District and Divisional Secretariats. It is important that a center for mediation and conflict resolution is designed where training can be provided to officials, peace committees, and other personal.

* Study the promotion of coexistence and reconciliation in the North-East. This should be conducted with the cooperation of the South Eastern University and the Eastern University. This could lead to a commission or new initiatives that promote coexistence and reconciliation between the communities.

* Conduct a study at the divisional secretariat level on conflict sensitive issues to identify the issues that need to be taken up for dispute resolution. This is necessary as ethnic claims and counter claims surface only at the divisional secretariat level. There needs to be a mapping of the conflict contours in each divisional secretariat. Training programs should be developed for divisional secretaries in dispute resolution.

* Establish a negotiation culture. This could be done by encouraging the establishment of a mediation and conflict resolution studies course with the Eastern University and South Eastern University. Currently, there are no courses at either of the universities. There is no inter-university cooperation on these issues either. A research program should be encouraged regarding coexistence, reconciliation, and mediation.

* The donor community should provide significant aid for programs on coexistence, reconciliation, and peace building.

[Former Secretary-General of International Alert, the London-based international conflict resolution support organisation, Dr. Kumar Rupesinghe was a sociologist at the University of Colombo, who took up work in Norway in conflict studies prior to building his reputation as an international negotiator who has helped in the peace process in several conflicts throughout the world.]

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