Sri Lanka - Articles

Venue

Hakone (80 km west of Tokyo), Japan.

Date

18-21 March 2003.

Negotiating Teams

Government of Sri Lanka: Headed by Prof G. L. Peris (Minister for Constitutional Affairs and Peace). Other members: Milinda Moragoda (Economic Reforms Minister) and Rauf Hakeem (Ports Minister), Bernard Gunatilleke (Director, Peace Secretariat), Austin Fernando (Defence Secretary), Maj. Gen. Shantha Kottegoda.

LTTE: Led by Anton Balasingam, (LTTE ideologue and chief negotiator). Other members: Adele Balasingham (Secretary to the peace delegation), “Col� V. Karuna (Batticaloa-Ampara military wing leader), S. P. Thamilselvan (LTTE Political wing leader), Jey Maheswaran (rehabilitation expert), and Pulithevan (Director, LTTE Peace Secretariat).

Facilitators

Norwegian Deputy Foreign Minister, Vidar Helgesen, and Special Envoy, Eric Solheim. Japan's special peace envoy to Sri Lanka, Yasushi Akashi

Outcome

• Human Rights

The adoption of a Declaration of Human Rights and Humanitarian Principles, as put forward by the Human Rights adviser Ian Martin, was agreed upon. Martin was asked to develop three aspects of the proposed roadmap for adoption at the seventh session of talks:

1) The drafting of a Declaration of Human Rights and Humanitarian Principles reflecting aspects of fundamental international human rights and humanitarian standards, which both parties would ensure are respected by their personnel, in practice, pending the full entrenchment of human rights standards in the eventual constitutional arrangements, apart from federal and local law.

2) Planning a programme for human rights training for LTTE cadres and government officials, police and prison officials, which would contribute to respect for these principles in practice, and human rights education and awareness for other sections of the population. Coordinated by the UN High Commissioner for Human Rights, the exercise would involve UNICEF (the rights of the child), UNHCR (rights of internally displaced persons and refugees), ICRC (to international humanitarian law) and SLMM (acts against the civilian population).

3) Proposals for strengthening the Human Rights Commission of Sri Lanka to develop the capacity for effective monitoring throughout the country.

• Security

1) Desiring to give top priority to improving the security situation, in particular in the sea, it was agreed to convene a meeting of senior naval and political representatives from both sides within three weeks to work out effective arrangements for the operation of naval units in keeping with existing treaty obligations. The meeting will be convened by Norway and SLMM and will immediately start preparing for the meeting with military leaders on both sides. The parties agreed to instruct their naval units to exercise restraint, as required by the Ceasefire Agreement, and avoid provocative actions in the period prior to the establishment of appropriate procedures.

2) It was agreed to further strengthen the security situation on land, including the establishment of procedures, with the cooperation of the SLMM, for handling soldiers and cadres apprehended by the other party.

• Federalism

1) Commitment to develop a federal system based on internal self-determination within a united Sri Lanka was reiterated. After discussing preliminary issues and a framework for political matters, it was agreed to expand this into a complete plan at the next session. In this context, the parties decided to invite the Forum of Federations, a Canada-based international organization, to participate as a consultant at the seventh session.

2) The LTTE reported on the formation of a 21-member Political Affairs Committee to undertake an intensive study of federalism over the course of the next three months to build the LTTE's capacity for political transformation.

• Muslims

It was agreed that the rescheduled meeting between the LTTE and Muslim representatives in Batticaloa be convened on 27 April 2003, and a separate meeting between Muslim leaders and the leadership of the LTTE in Kilinochchi be arranged to discuss political matters with the participation of a Muslim delegation in negotiations at the plenary sessions.

• Miscellaneous

1) The parties approved the proposal submitted by the Sub-Committee on Gender Issues to establish secretariats in Kilinochchi and Colombo.

2) The LTTE agreed to holding local council elections with the participation of non-LTTE groups in the areas under its control.

Previous Rounds

I – September 16-18, 2002 at Sattahip Naval Base, Thailand

II – 31 October – 3 November 2002 at Rose Garden resort in Nakorn Pathom, Thailand

III – 2-5 December 2002, Radisson Plaza Hotel, Oslo

IV – 6-9 January 2003, Rose Garden resort in Nakorn Pathom, Thailand

V – 7-8 February 2003, Norwegian Embassy in Berlin, Germany

Next Round

Seventh round; expected to be held in Thailand between 27 April and 2 May 2003

Assessment

These peace talks were dominated by the issue of sinking of a LTTE ship by the Sri Lankan Navy in international waters. The LTTE negotiators were upset over the death of 11 of its senior cadres. Considering the gravity of the issue many analysts expected a symbolic walkout by the Tigers, but this did not happen due to Japanese money power and Norwegian diplomatic skills.

The issue of high security zones came up again with both sides arguing for and against the removal of HSZs. For the Tigers the HSZs are a major hindrance to the resettlement of the displaced population; but the Government negotiators want to link demilitarization with a final political solution. It is surprising why this issue was raised again when Lt. Gen. Satish Nambiar, who was appointed to study the intricacies of the matter, is yet to submit his report. This conveys an impression that the Tigers are desperate to get the security forces out of the Jaffna peninsula. At the same time, the government needs to quicken the process of resettlement. The LTTE’s point of view, in this regard, cannot be brushed aside. The progress in the human rights field is not satisfactory, and the issue is still at the stage of drawing up a “roadmap�, though it is more focused now. There was some progress on the federal option, but there is a long way to go appreciating the complexity of the issue. The two parties are studying this issue very carefully.

Overall, this round has kept the hopes alive that, despite hiccups, the peace process is sustainable.