|
A
year without war:
First
Anniversary of the Ceasefire Agreement |
Urgent
priorities in the peace process
Excerpts of recent briefing by
Minister Prof. G. L. Peiris to the diplomatic corps at the Sri
Lanka Institute of International Relations, Colombo on the peace
process
I will begin with the main focus of the discussions last week,
when we had the fourth round of discussions in 'Nakhom Pathom',
Thailand as part of the process which commenced on 18th of
September last year in Sattahip, also in Thailand. Now, as we
commenced the discussion last week we were aware that considerable
progress had been made on the political side.
This was the break through, which we achieved in the third
round of discussions in Oslo, just before Christmas. It was on
that occasion, that the parties agreed that a resolution of this
conflict has to be found at the political level renouncing
military means, and also jettisoning, quite definitely, the idea
of a separate state.
So we were unequivocally turning our backs on separatism, no
were the parties contemplating the kind of arrangements that is
described as confederation. That is not a very precise term but
its legal meaning is a conglomeration of units in a loose fashion
within a structure, which enables the federative units to secede
after the holding a referendum.
That is not the kind of arrangement that was contemplated. So,
in the third round there was a clear agreement at the end of the
session that the way forward lies through pragmatic, arrangement
for the sharing of power within the parameters of a federal
structure. Mutedly of course there are different nuances and
gradation within the spectrum of federalism. Federalism is a
spectrum rather than a split.
Details
Consequently, there are details to be addressed, and agreed
upon. That of course is going to be an integral part of the
agenda, in the subsequent sessions. But there was a clear point of
departure. But there was going to be a power sharing arrangement
and the basic ideas were there. There would be clear division of
functions, powers and responsibilities between the central
government on the one hand and the units, the regional
administration on the other.
That demarcation, that delineation would be established with a
degree of precision and clarity. What is more, it would be done by
means of the constitutional instrument, and those are the
irreduceable elements of the kind of arrangement that was
contemplated during the third session and those are the essential
and irreduceable elements. So as we began, the fourth session this
had already being achieved, this was behind us rather than ahead
of us. But we were conscious that a great deal had to be done on
the economic side of things.
It is absolutely crucial for the viability of the process that
these developments in the political and the economic spheres must
proceed in contemporary.
These are parallel tracks. We were very acutely conscious of
that reality as we commenced our discussions in Thailand last
week. So consciously and deliberately the focus was on economic
issues. It did not happened in advertently or fortuitously. But
that is how the parties wanted the discussions to develop on this
particular occasion because of the priorities that we identity.
Now we began by focusing upon the practical arrangements with
regard to finding money, how it is going to be utilized, the
procedures that are relevant for this purpose in order to achieve
very rapid results on the ground. There should not be any
perception of a disconnect. It is necessary to learn from history.
There were many reasons why the ceasefire, which existed from 8th
of January until 19th of April 1995, broke down. There were many
reasons. But one major reason was the, not just the perception,
but the palpable reality that what was envisaged in the
discussions was not really happening on the ground.
At that time one of the critical issues was the lifting of the
embargo, and enabling essential goods to find their way into the
North. But even that was not happening, as it should. This
naturally triggered off tensions of very considerable magnitude,
which culminated in the collapse of the entire process on the 19th
April 1995.
We were determined not allow such a thing to happen again. What
I mean by disconnect is the perception that things are moving
rapidly as far as the political side of things is concerned. But
it is accompanied by 'lethargy inertia' inactivity on the ground.
As far as the day-to-day problems of the people living in the
areas ravaged by the war, our concern is that this disconnect
would be exceedingly dangerous for the future of the process. So
that is why we decided that this was the priority to be addressed
at that particular time. The first thing to do then, first to make
a decision of the custodianship of the fund. We made the decision
within a matter of an hour or so.
There were some issues to be clarified with the World Bank,
with whom the agreement was going to be signed and some other
technical issues, which were rapidly resolved. And a firm decision
was made that the World Bank would be the custodian of these
funds. There were then some problems arising from the fact that no
fewer than seventeen departments and other institutions of the
Government were involved in the activities that were the subject
of discussion. And the apprehension was legitimately entertained
that this 'plethora' of institutions may slow down, inhibit the
process.
There was considerable discussion with regard to that matter
and right now at the PM's request the AG and I are formulating
some legislation to deal with these issues. In order to enable a
central authority that is set up with commission to cut through
the red rape, overlapping functions and to ensure effective
delivery of the services that are contemplated essential to give
relief to the people of those areas. So that this is happening.
When there was a comprehensive programme of action that was agreed
upon with time frames that are capable of being monitored and
verified, we agreed that preliminary arrangements with regard to
funding and the arrangement of the funds would be completed by the
20th of January.
That is just in three days time. By the 31st of January we will
precisely identify all the buildings, which will be vacated by the
armed forces in the Jaffna area. That is by the 31st of January.
By the 7th of February we will complete a "Needs
Assessment" of the area, a physical needs assessment. And
seven days later on the 14th of February, we will come out the
detailed programme for addressing the needs that have been so
identified. So it is in programme in four segments and agreement
was reached between the parties on this matter.
When we came to the issue of the High Security Zones; now a few
fays before the talks actually commenced in Thailand there had
been considerable discussion in the media about this aspect to the
problem which appeared to be some what violate, because there had
been rather emphatic statement which had been made by the LTTE
with regard to this matter. That this is going to be almost a sole
subject for discussions, nothing else needs to be talked about
until this is resolved.
And that was exceedingly helpful. When we began the issue, when
we began discussion of the issue relating to the High Security
Zones, we were able without undue difficulty to reach agreement
with regard to a practical course of action. We recognize that the
number of people affected outside the High Security Zones is
considerably larger that the number of people within the High
Security Zones.
Now first of all I must refer to a certain misconception, which
had been in currency in the media during this period. The LTTE
categorically asserted last week, as indeed they have done in
past, that has to be stated in fairness to them, they said that
they were not asking for the withdrawal of the army from the
Northern peninsula, or from or indeed from any part of the
Northern peninsula.
They were not demanding that, nor were they calling upon the
Government to dismantle or to place down army camps or
installations. That was not their position. What the LTTE was
saying is that that re-settlement of the internally displaced
persons is indisputably an issue of highest considerable priority.
We agree with that. With regard to that matter there is no
dispute at all. This is one of the most distressing consequences
of the war which has gone on for almost two decades. The LTTE was
saying, this has to be viewed quintessentially as a humanitarian
problem. They conceded that it was for the Government of the
country to make to an assessment of the military means, the
security requirements. But their appeal to us in essence was that
we should make these arrangements in a manner that does not
militate against the voluntary decision of the persons affected to
return to their former farms.
The entire exercise is founded upon spontaneity and obviously
people would not decide to go back unless you engendered an
atmosphere that was conducive to their return. So, that is
essentially what the LTTE was saying. We therefore decided to
start with the areas outside the High Security Zones and without
any difficulty we agreed upon a series of preliminary measures,
which have to be embarked upon, before conditions could be
established against the backdrop of which the return of internally
displaced persons was a practical possibility.
essential
There were three preliminary steps, which were essential. First
and foremost de-mining. There had to be clarity with regard to
that, that these areas were physically safe for people to return
to. Secondly there have to be clarity with regard to the
boundaries of immovable property. And we also have to be certain
that the people who were seeking to return were the people who
were, originally in occupation of these properties.
Not new people coming under the guise of internally displaced
persons. Thirdly, there was clearly an obligation devolving upon
the Government to provide basic infrastructure without which the
persons who were proposing to return would not find it practicable
to do so; water or the electricity facilities of that kind. Now
this was to happen immediately. There had to be tangible progress
in the regard. And as soon as we returned from Thailand, my
colleague Hon. Milinda Moragoda and I fully briefed the PM and
within 24 hrs, the PM convened the meeting which was attended by
representatives of all the relevant institutions, in which we
began work with regard to the preparation of the programme that I
spoke to you about and the extreme urgency of this was clearly
recognized by the Govt at the highest levels.
Security
As far as the situation within the High Security Zones was
concerned, it was agreed that we would await a detailed technical
assessment of the situation by General Sathish Nambiar, who of
course has a very extensive knowledge and experience of these
matters, particularly because of his experience in Bosnia. So we
are awaiting that report which will be in our hands within the
next few days and we would then be in a position make detailed
decisions with regard to arrangements which are possible within
the High Security Zones without in any way jeopardizing vital
security interests.
Now here is something, which we clearly understood and acted
upon on this occasion. It is this, that in a negotiating process,
that is as delicate as this, obviously there are going to be
disagreements between the parties. I stated this with emphasis at
the cabinet briefing yesterday that the Government of Sri Lanka
will not hesitate to take a clear stand, an uncompromising stand,
where the security interests of the nation or vital interest of
another kind require that action to be taken. We will not do so
merely for the sake of posturing. But we will not fling from it;
we will not be deterred from that course of action where we are
convinced, that these circumstances that we are dealing with
warrant the adoption of that course of action by the reprentatives
of the Govt. of Sri Lanka.
Not withstanding the gloom, the pessimism that was entertained
by, entertained in some quarters, and the prognostications that
were made, the parties were able, given a spirit of maturity and
commitment to the process to resolve these matters without
acrimony, without undue tension. It was robustly a practical
approach. Do what you can immediately to provide relief to a very
large number of people. Do not postpone beneficial activity of
that kind while you are engrossed in a debate about other issues.
Those issues are certainly not going to be swept under the carpet.
They will be addressed in a spirit of candour. But while you
are doing that do not desist from actually carrying out on the
ground a program of action, which without any vestige of doubt is
going to be immense relief to people who has suffered so much
anguish as a direct consequence of war. Now that is the
proposition, which has only to be stated for its inherent
rationality to be immediately manifest.
That position was concerned by the LTTE on the clear
understanding that the Govt. was not Shelving or refusing to
address problems connected with the High Security Zones. But the
LTTE also conceded at all times that it is for the Govt. of Sri
Lanka to make its own independent and objective assessment of the
security requirements and that is not a position that they were
seeking to controvert or denying in any manner whatsoever.
So that was the basis on which we reached what I consider to be
a very satisfactory practical agreement with regard to the matters
impinging upon the High Security Zones. Now the parties were also
conscious of the fact that there has to be a focus on the upcoming
Donor's Conference, which is a very major event by any standard
that would be held in Tokyo, Japan, in the middle of June.
Now that, of course, is going to be a much more ambitious, a
more extensive undertaking than the Oslo Conference of Donors
which took place in December last year. There are many differences
in concept and in approach. The Oslo meeting was tentative and
short-termed.
It had a limited objective. We were seeking only to generate
sufficient resources to support and sustain development-oriented
activities for a relatively short period of approximately six
months, as we prepare for the major The first is there had to a
conclusion of the process when we are in a position to formulate a
formal agreement, we will incorporate in that agreement clear
provisions enshrining or encapsulating Human Rights both
individual and collective.
These will not be rights which are exclusively civil and
political rights they will envelop, they will extend to social and
economic rights and this would be one of the major component of
the Human Rights programme. Secondly, the application of Human
Rights will not be restricted to the final agreement, but will
govern the process during the negotiating stage. So, it is not
something that we are postponing or holding in suspense until the
conclusion of he negotiating process.
There again it was agreed to, it was accepted by the LTTE.
Thirdly, one of the features of the human rights programme to be
formulated in consultation with Mr. Ian Martin was the inclusion
of some appropriate enforcement machinery, in order to ensure that
the provisions which are spelt out are not genial pious
aspirations remote from reality. So that is the basic conception
of the Human Rights programme as the embryo, as the nucleus of it
emerged from the preliminary discussion of that subject in the
session that was just concluded.
attitude
Now, I need to say a little bit more about the LTTE's attitude
to these issues. We have to be conscious of the fact that the LTTE
today is engaged in a metamorphosis from a military organization
to a political organization. That is always an excruciatingly
painful process.
They are now beginning to grapple with complex legal and
constitutional issues, which are obviously outside the range of
their experience, so far. They therefore need considerable support
in this field, more confident they feel, the more convinced that
they are, they have access to experts in this field, the quicker,
the more rapid, the process is going to be.
Both the effectiveness and the alacrity of the process are
bound to be affected by some perceptions on the part of the LTTE,
that they are vulnerable, that they have to be defensive and that
there is no way of obtaining competent advise on suggestions with
regard to constitutional issues which are put forward by the other
side.
That is why an input by persons having expertise in this field
and persons who enjoy the confidence of the LTTE is absolutely
necessary to carry the peace process forward at this stage. In
that context I would like to acknowledge the value of the work
that is being done by the forum of federations.
On the last occasion we were privileged to have with us Mr. Bob
Ray, the former Premier of Onterio who was accompanied by Dr.
David Camaren, a political scientist of established reputation
from the University of Toronto. Now I know that the LTTE interacts
very fruitfully and cordially with them, and the process is
greatly facilitated by the ability of the LTTE to benefit from the
expertise that is put at their disposal by the representatives of
the forum of federation.
Ian Martin, we are convinced, will play a similar role in
Thailand next month. We have also invited Prof. Geffry Sak with
whom the PM, Minister Moragoda and several of us interacted a
couple of days ago in Colombo, he is at present the Director of
the Earth Institute which is part of the University of Colombia
and focusing on some broad economic issues which are relevant to
the peace process and we made to him the suggestions that he
should arrange a representative of his institute to be with us in
Thailand next month to share some of these insights with the LTTE
as well.
We think that would be relevant and useful. So that is
something desirable, it is something that is happening and it is
helping to accelerate the process. We now come to one another
subject that is important, that is a need for a certain
inclusivity of approach with regard to other shades of political
opinion in the South of Sri Lanka.
In that context we are greatly heartened and encouraged by the;
can't call it the all party mechanism, but it is an initiative in
which the vast majority of political parties sitting in the Sri
Lankan Parliament are now participating; this is an initiative on
the part of the MPP to look at constitutional models and
structures in several European countries - Austria, Germany, Italy
and other countries, not to emulate uncritically the structures
that are established in those countries but to extract from that
experience elements which suitably adopted and developed would
provide a foundation for addressing the complicated problems that
we are grappling with in our own country.
Healthy
Your Excellencies are aware that three senior members of the PA
have joined the group. We consider that to be very healthy and
refreshing. Because it will provide a pleasant and
non-confrontational setting in which two things we hope would
happen. One is that MPP belonging to these different parties will
be able to share their thoughts and perceptions with regard to
these matters and secondly they will have the opportunity of
interacting in an equally informal sense with representatives of
the LTTE, who will also be participating in this exercise. So that
is very useful. Now we think that though desirable that is only a
beginning.
It is only a departure. We have to consolidate other structures
and mechanisms that would strengthen that kind of approach which
is surely a sine qua non of success of any practical sense in the
endeavour that we have embarked upon.
With that in view we are now giving practical expression to
some of the salient ideas contained in the speech which Prime
Minister, Ranil Wickremesinghe delivered to the University of
Kiyoto during his recent visit to Japan. That is we are; I don't
have every long experience in that area but I have been in Sri
Lankan Parliament since 1994, now during those nine years what I
have seen is that there is a very considerable difference between
the atmosphere that prevails in the Chamber of Parliament and the
atmosphere in which we work in the small committee.
The adversarial political culture which has been the bane of
our country is not in much evidence in the committee settings. We
are therefore trying to move rapidly towards the emergence of a
new political culture, to give that process an added fillip and
impetus by strengthening the structures connected with
Sub-Committees of Parliament. We are therefore proposing to amend
the standing orders of Parliament. That is a relatively simple
exercise.
That has been accomplished very easily, very swiftly with the
agreement of all the major actors because there really is not
fundamental difference of opinion with regard to this matter.
Everybody agrees that there are things that need to be done and
many of those things can be done by simple amendments to the
standing orders of Parliament. So, yesterday I gave details of the
five Oversight Committees, which we are thinking of. One has to do
with Governance rectitude, probity, effectiveness and some of it
will deal with the Public Service. Secondly, the peace processes
itself, thirdly they are separating from the peace process, the
broader aspects of national reconciliation.
Fourthly the entire gamut of issues connected with the
'Regaining Sri Lanka's Programme and five the problems of the
aging population. So, those are the five Oversight Committees and
we hope in that setting it will be possible fro MPP belonging to
different parties straddling the political spectrum to work
without any acrimony and rancour. I think that is a legitimate
expectation. It is capable of being accomplished. Then I conclude
with one observation. It is this, that we have to tell the media
at this point.
I am certainly against restricting media access. I think
plenitude of information is very important. The public must not
get the impression that these discussions are taking place in a
clandestine or futile environment remote from the public gales.
That would not be helpful at all. Media must have access. At the
same time the media much recognize that a dramatic break through,
some sort of announcement, which would hit the headlines cannot
realistically be expected at the conclusion of each round of
discussions. So there has to be a conscious and a deliberate
lowering of the threshold of expectations.
expect
We were able; we did not really expect that, to achieve those
dramatic breakthroughs in the first three sessions, particularly
the third. But now that we have begun to deal with the substantive
issues within the framework that was established in the third
meeting in Oslo, obviously the process is going to take time. We
are dealing with the nitty-gritty of constitution making and other
issues.
It would therefore be a mistake for the media to want to know
every two hours, what has happened, what is there that they can
report, that would not be a practical approach to the rest of the
process. But subject to that caveat, subject to that reservation I
think uninhibited media access, full, complete media access is
certainly desirable. So those are the main observations, which I
wish to make to Your Excellencies on this occasion.
I think now we have arrived at a point in the peace process at
which we can justifiably say that some of the basic elements have
fallen into place. We have begun to talk to each other; in a
spirit, which is noticeably different from the atmosphere which
prevailed when we started this process four months ago.
There is less suspicions, there is a greater rapport and above
all there is a realisation that although there will be
difficulties, and sometime even formidable difficulties which will
naturally and inevitably arise from time to time, that will not
imperil or endanger the continuity of the peace process. This is
because of the depth of commitment to the value of the process.
That it is absolutely necessary to the people of our country.
And that feeling is very much there on the part of the LTTE and we
saw unmistakable evidence of it on the last occasion when issues
which were volatile, emotive, controversial arose from our
discussions, and we find that a very refreshing and redeeming
feature. Let me thank you for your presence here this morning. It
is good of you to have turned up, accepting our invitation on a
public holiday.
interacting
I am sorry to trespass on your time today. But since I have to
be out of Colombo on Monday and Tuesday in the North Central
Province interacting with army officers for example, school
teachers, the members of civil society, the local entrepreneurs in
those areas to explain to them, as I am explaining to you what we
are doing.
That is very important; because we are quite convinced that if
this is to succeed we have to spend as much time on work around
the process, as work that is specifically directed towards the
track one negotiations. So I will be doing that over the weekend
in Colombo and Monday, Tuesday in the North Central Province and
then thereafter I have to leave for Switzerland to attend the
meeting in 'Davos', because that again we considered to be
important for this reason, that although we are very gratified
about the level of support which we are receiving from the
Governments all over the world, that really is a source of great
encouragement. But we are also conscious that for sustainability
we cannot rely on, once for all grants or concessionary loans by
foreign governments.
But we really have to interest the private sector in the
opportunities that are available for participation in the economy
of our country. I am very glad to note that about 35-40 of the
largest companies in the World have accepted the invitation of the
Government of Sri Lanka to meet us in 'Davos,' that meeting will
take place on Monday the 27th before I will be having some
bilateral meetings with the Government of Switzerland.
Now meeting with the private sector is very important, because
we need to bring to their attention the unique opportunities that
are now available in this country, particularly for the
re-building of infrastructure, in those parts of the country which
have been ravaged by the war. |
