An Appeal to
The United Nations
Commission on Human Rights
60 Session / Sesiones
15/03/2004 -- 23/04/2004
Tamil Centre for Human Rights - TCHR
Centre Tamoul pour les droits de l'Homme - CTDH
Centro Tamil para los Derechos Humanos
(Established in 1990)
Head Office
9, rue des Peupliers
95140 - Garges les Gonesse
France
Email : tchrgs@tchr.net
tchrdip@tchr.net
Fax : + 33 - 1 - 40 38 28 74
TCHR participation in United Nations World conferences and meetings
* The Tamil Centre for Human Rights (TCHR), officially participated in the NGO forum of the UN World Conference Against Racism – WCAR in Durban, South Africa, from 28 August to 1 September 2001. TCHR held an information stall including an exhibition at the forum. The TCHR representatives also attended the main WCAR conference held in Durban, 31 August to 7 September 2001.
* In 1993, the TCHR held an information stall and a photo exhibition on human rights violations, in the United Nations 2nd World Conference on Human Rights held in Vienna, Austria, from 14-25 June.
* TCHR has participated in meetings of Treaty bodies and has submitted reports to the same.
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Contents
Appeal to the 60th session 00
LTTE proposal for an Interim Self-Governing Authority –IGSA 00
A sad pattern of Sri Lankan conflict – Prof Oberst USA 00
EU says LTTE proposals important step in peace bid 00
ISGA proposal and Presidents' reaction 00
President blows hot (Archives 2002)
US supports resumption of peace negociations 00
UN Scretary General hopes President do not hardm peace process
EU and EC noted with concern the actions in Sri Lanka
Could have a negative effect - US State Department 00
Concern in India
Norway temporarily withdraws from peace process in Sri Lanka
Statement by Norway deputy Foreign Minister
US disappointment 00
European Parliament Joint motion for a resolution on Sri Lanka
European Parliament resolution 00
Army recruiting soldiers
Protest against peace process
Chris Patten meets LTTE leader Pirabaharan 00
Koffi Annan skips Sri Lanka amid controversy over LTTE meeting
Collin Powell writes to President and Prime Minister
Annan concerned by 'difficult situation' in Sri Lanka 00
Sri Lanka's 'state within state' 00
Hundred of Christian Churches vandalised in Sri Lanka 00
Religious Freedom 00
Permanent Buddhist Vihara to be build on private property
Latest stastics on High Security Zones – HSZ 00
Affect by the establishment of military camps
Economic damage
Education
The number of orphans
Houses and families affected in the HSZs in Jaffna 00 6645 Houses destroyed, damaged
Military camps sitting on 390 Jaffna Houses
Registered IDPs in 2002 00
Army deliberately destroyed a decorated structure in Jaffna
Sinhala families settled in Nelukkulam 00
Sinhala domination continues in Trincomalee
Sense of betrayal for Jaffna's Tamils 00
Food prices soar in Vanni
Disability 00
Land Mine
Estimated number of landmines 00
Removed and destroyed – Jaffna peninsula
Vanni
48518 Mines in Paranthan
Land mine victims and mines clearance
Villages where land mines are suspected 00
New Land-mines planted
Concluding observations of the UN Human Rights Committee 00
Political manoeuvring
Shooting in Jaffna 00
Disappearances and Chemmani mas graves
Source and complaints 00
Missing persons guardian association – MPGA 00
Human skeletons found
JVP attrocities 00
Killing of Educationalists, Government servants and others
Killing of Buddhist clergy and Catholic priest
Vandalism and sabotage by JVP 00
There are still 76 Tamil political prisoners and detainees 00
Summary report (names, dates, places of incidents, etc)
Arbitrary arrest / Detention 00
Extra judicial killings / summary executions 00
Enforced or involuntary disappearances 00
Rape / Torture and others 00
TCHR mourns with Human Rights Organisations 00
Norwegian Refugee Council 00
Excerpt from the Sunday Leader 00
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15 March 2004
The Chairperson,
Members and Delegates,
60th Session
United Nations
Human Rights Commission,
1211 Geneva 10,
Switzerland.
Distinguished Sirs / Mesdames,
As usual, we in TCHR bring our concerns to this august forum for Human Rights, regarding what is happening in Sri Lanka, which is our main focus at present.
Since the last session of the Commission, many developments have taken place in the island and in the meantime the human rights situation remains the same.
In April the island of Sri Lanka will have its third Election in four years! The government which was in power since the end of 2001, that signed the MoU in February 2002 with the Liberation Tigers of Tamil Eelam, made some slow progress in working towards a permanent political solution to the Tamil ethnic problem.
TCHR made two field visits to the North last year, in April and December.
We have witnessed at first hand, the LTTE administration which exists in two thirds of the NorthEast. The Tamil Eelam police and judiciary are functioning well. UN Human Rights training procedures are used in the training of Tamil Eelam police personnel. The Tamil Eelam Law College has built up its professional expertise over ten years. Both the police system and the judicial system have the confidence of the people, and comply with international standards.
The situation of the Internally Displaced People (IDPs) in the North East remains critical.
IDPs are experiencing severe problems including denial of freedom of movement. On the one hand several humanitarian organisations are de-mining (an estimated 2.86% of landmines have been removed - while 2 million landmines remain) and on the other hand, in the Jaffna Peninsula, the Sri Lankan army is planting new landmines, "for their own protection".
It is now 24 months since the Ceasefire Agreement of February 2002 was signed, in which Article 2, “Measures to restore normalcy”, delineated dates by which armed forces were to vacate all civilian buildings. This has not happened. Hundreds of thousands of IDPs have been prevented from resettling in their homes under the pretext of the ”necessary” High Security Zones. Only a small number of IDPs have returned home.
Destruction of Places of worship remains a serious ongoing concern. 2076 Hindu Temples and 299 Churches in the North and East have been damaged or destroyed over the past two decades.
In the recent past, attacks and vandalism against Christian Churches in Sri Lanka have intensified. According to the information collected by TCHR, 89 Christian Churches have been stoned, burned and vandalised by mobs led by Buddhist monks.
According to the latest information from Sri Lanka, the licenses of some private radio stations and media have been cancelled. Freedom of Expression is seriously threatened.
The Prevention of Terrorism Act allows confessions made under torture to be accepted as evidence against those arrested, encouraging torture to be carried out with impunity. Almost every Tamil arrested is assaulted, tortured and a self-incriminating statement is extracted from him/her. Victims of these arrests and detentions are systematically forced to sign statements written in Sinhala, a language they do not understand. There are 76 male and female Tamil detainees, arrested since 1993, who are still in detention.
There has been no progress on the disturbing case of the Chemmani mass graves either, no justice yet for the hundreds of “disappeared” buried there.
Regarding the brutal assassination of Human Rights Defender Kumar Ponnambalam, on 05/01/00, even though the UN Special Rapporteurs on Extra-judicial killings and the Independence of Lawyers and Judges have continuously reported since the murder, the government has done nothing on this matter.
The JVP which, as they attempted to overthrow the government was guilty of gross human rights violations from 1986 (please see list attached), is joining hands with the President's political party, which political analysts warn could be a threat to the continuing of the successful Ceasefire Agreement.
While this Commission is in process, the Elections will take place in Sri Lanka and the results will be out. Many are deeply concerned because it has been openly said by the JVP and the SLFP that the Ceasefire Agreement will be ignored if the President and her coalition party win the election!
In the last general election, in 2001, Tamil voters in the LTTE administration areas were denied the right to cast their votes. This is a violation of the fundamental rights of a free society. We hope the Tamil voters in the LTTE administrated areas will be allowed to cast their votes and practise their fundamental rights in the forthcoming General Election in April.
Therefore we kindly request this Commission to look very seriously into the situation in Sri Lanka and to take fruitful action for the good of all the people in the island.
S. V. Kirubaharan
General Secretary
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RIGHT TO SELF-DETERMINATION
LTTE proposal for an Interim Self-Governing Authority – IGSA
(01 November 2003)
The proposal by the Liberation Tigers of Tamil Eelam – LTTE, on behalf of the Tamil people for an agreement to establish an Interim Self-Governing Authority for the North East of the Island of Sri Lanka.
Preamble
Consistent with the principles of the rule of law, the human rights and equality of all persons, and the right to self-determination of Peoples,
Determined to bring lasting peace to all persons of the island of Sri Lanka,
Acknowledging with appreciation the services of the Norwegian Government and the international community in attempting to bring peace to the island.
Recognising that a peaceful resolution is a real possibility, despite the challenging history of the peace process between the Tamil and the Sinhala people.
Determined to establish an interim self-government authority for the North East region and to provide for the urgent needs of the people of the North East by formulating laws and policies and effectively and expeditiously executing all resettlement, rehabilitation, reconstruction, and development in the North East, while the process for reaching a final settlement remains ongoing.
Being aware that the history of the relations between the Tamil and the Sinhala people has been a process of broken promises and unilateral abrogation, by successive governments of Sri Lanka, of pacts and agreements solemnly entered into between the Government of Sri Lanka (GOSL) and the elected representatives of the Tamil People.
Bearing in mind that successive Governments of Sri Lanka have perpetrated persecution, discrimination, State violence and State-orchestrated violence against the Tamil people,
Noting that the Tamil people mandated their elected representatives to establish an independent sovereign, secular State for the Tamil people in the elections subsequent to the Vaddukoddai Resolution of 1976.
Bearing in mind that the Tamil armed struggle as a measure of self-defence and as a means for the realisation of the Tamil right to self-determination arose only after more than four decades of non-violent and peaceful constitutional struggle proved to be futile and due to the absence of means to resolve the conflict peacefully.
Recalling that the Liberation Tigers of Tamil Eelam (LTTE) first took measures towards peace by unilaterally declaring the ceasefire in December, 2000 and again in December, 2001, opening highways, facilitating trade and the free movement of people, and entering into peace negotiations in good faith in the hope of creating an environment conducive to the return of normalcy and a just resolution of the conflict.
Taking Note of the political courage of the present GOSL in reciprocating to the 2001 ceasefire.
Realizing that the war in the island of Sri Lanka was principally confined to the North East, resulting in the destruction of the social, economic, administrative, and physical infrastructure of that area, and that the North East still remains the region in the island of Sri Lanka affected by war.
Recognising that the majority of the Tamil people in the North East, by their actions in the general elections held in the year 2000, gave their mandate acknowledging the LTTE as their authentic representative.
Knowing that the LTTE exercises effective control and jurisdiction over the majority of the North East area of the island of Sri Lanka.
Realising that reaching a final negotiated settlement and the implementation thereof is expected to be a long process.
Affirming the necessity for the safe and free return of all refugees and displaced persons and their urgent need for unimpeded access to their homes and secure livelihood at land and sea in the North East.
Mindful that institutions and services provided by the GOSL have proved to be inadequate to meet the urgent needs of the people of the North East.
Recognising the failure of the Sub-committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) and other Sub-Committees formed during the peace negotiations, which failure was due to the composition of such Sub-Committees which repeatedly led to inaction, Acknowledging the recognition by the GOSL of the necessity for an Interim Authority, as mentioned in its 2000 election manifesto.
Realising that maintenance of law and order is an essential pre-requisite for a just and free society.
Recognising the need for raising revenue to meet the urgent needs for the Resettlement, Rehabilitation, Reconstruction and Development of the North East region, which has been devastated by war, and for the carrying out of any function of Government.
Recognising the importance of control over land in resettlement, rehabilitation, reconstruction and development,
Mindful that the Tamils did not participate in the making of the 1972 and 1978 constitutions, which institutionalized discrimination and denied them an effective role in the decision-making process.
Noting the practice in international relations over the last decade of solving conflicts between Peoples through agreement between the parties to the conflict on terms of equality and through innovative and imaginative measures.
Relying on international precedents for establishing interim governing arrangements in war-torn countries having the force of law based solely on pacts or agreements between the warring parties recognised by the international community.
Noting that measures such as the Ceasefire Agreement, including the role of the Sri Lanka Monitoring Mission (SLMM), and the establishment of the SIHRN and the North East Reconstruction Fund (NERF) constitute valid precedent for making such arrangements.
Wherefore, the Parties, namely the Liberation Tigers of Tamil Eelam and the Government of Sri Lanka, hereby agree to the following provisions:
1. Interim Self-Governing Authority
An Interim Self-Governing Authority (ISGA) shall be established comprised of the eight districts namely: Amparai, Batticaloa, Jaffna, Kilinochchi, Mannar, Mullaitivu, Trincomalee and Vavuniya in the North East, until a final negotiated settlement is reached and implemented.
Representatives of the Muslim community have the right to participate in formulation of their role in the ISGA.
2. Composition of the ISGA
2.1 The ISGA shall consist of such number of members as may be determined by the Parties to this Agreement.
2.2 The composition of the ISGA shall be:
2.2.a. Members appointed by the LTTE,
2.2.b. Members appointed by the GOSL, and
2.2.c. Members appointed by the Muslim community in the North East.
2.3. The number of members will be determined to ensure:
2.3.a. An absolute majority of the LTTE appointees in the ISGA,
2.3.b. Subject to (a) above, the Muslim and Sinhala Communities in the North East shall have representation in the ISGA.
2.4 The Chairperson shall be elected by a majority vote of the ISGA and shall serve as the Chief Executive of the ISGA.
2.5. The Chairperson shall appoint the Chief Administrator for the North East and such other officers as many be required to assist in the performance of his/her duties. The Chairperson shall have the powers to suspend or terminate any such appointment.
3. Elections
The provisions of Clauses 2.2. and 2.3 shall continue until elections for the ISGA are held. Such elections shall be held at the expiry of five years of the coming into force of this Agreement, if no final settlement has been reached and implemented by the end of the said period of five years. An independent Election Commission, appointed by the ISGA, shall conduct free and fair elections in accordance with international democratic principles and standards under international observation.
4. Human Rights
The people of the North East shall be accorded all rights as are provided under international human rights law. Every law, regulation, rule, order or decision of the ISGA shall conform to internationally accepted standards of human rights protection. There shall be an independent Human Rights Commission, appointed by the ISGA, which shall ensure the compliance with all such human rights obligations.
The Commission will seek the assistance of international human rights bodies to facilitate the rapid establishment of an effective regime for protecting human rights. The Commission shall be entitled to receive petitions from any individual person, award compensation to any such affected person, and ensure that such person's rights are restored.
5. Secularism
No religion shall be given the foremost place in the North East.
6. Prohibition against Discrimination
The ISGA shall ensure that there is no discrimination on grounds of religion, race, caste, national or regional origin, age or gender in the North East.
7. Prevention of Bribery and Corruption.
The ISGA shall ensure that no bribery or corruption is permitted in or under its administration.
8. Protection of All Communities
No law, regulation, rule, order or decision that confers a privilege or imposes a disability on any community, which is not conferred or imposed on any other community, shall be made concerning culture or religion.
9. Jurisdiction of the ISGA
9.1. The ISGA shall have plenary power for the governance of the North East including powers in relation to resettlement, rehabilitation, reconstruction, and development, including improvement and upgrading of existing services and facilities (hereinafter refereed to as RRRD), raising revenue including imposition of taxes, revenue, levies and duties, law and order, and over land.
These powers shall include all powers and functions in relation to regional administration exercised by the GOSL in and for the North East.
9.2. The detailed modalities for the exercise of such powers and the performance of such functions shall be subject to further discussion by the parties to this agreement.
10. Separation of powers
Separate institutions for the administration of justice shall be established for the North East, and judicial powers shall be vested in such institutions. The ISGA shall take appropriate measures to ensure the independence of the judges.
Subject to Clauses 4 (Human Rights) and 22 (Settlement of Disputes), of this Agreement, the institutions created under this clause shall have sole and exclusive jurisdiction to resolve all disputes concerning the interpretation and implementation of this agreement and any other disputes arising in or under this agreement or any provision thereof.
11. Finance
The ISGA shall prepare an annual budget
There shall be a Financial Commission consisting of members appointed by the ISGA. The members should have distinguished themselves or held high office in the fields of finance, administration or business. This Commission shall make recommendations as to the amount out of the Consolidated Fund to be allocated to the North East. The GOSL shall make its good faith efforts to implement the recommendation.
The ISGA will, giving due consideration to an equitable distribution, determine the use of funds placed at its disposal. These funds shall include the North East General Fund, the North East Reconstruction Fund (NERF) and the Special Fund.
The GOSL agrees that any and all of its expenditures in or for the North East shall be subject to the control of the ISGA.
11.1. North East General Fund
The North East General Fund shall be under the control of ISGA and shall consist of:
11.1.a. The proceeds of all grants and loans made by the GOSL to the ISGA and the proceeds of all other loans made to the ISGA.
11.1.b. All allocations by the GOSL from agreements with states, institutions and/or other organizations earmarked in any such agreements for the North East.
11.1.c. All other receipts of the ISGA, other than the funds specified below:
11.2. North East Reconstruction Fund
The NERF shall continue to exist in its present form except that control over it will be transferred to the ISGA.
All grants given for the reconstruction of the North East, will be received through the NERF. Utilization of resources from NERF will be directly determined and supervised by the ISGA.
11.3. Special Fund
All loans and any grants which cannot be channelled through the NERF or the specific purpose of RRRD will be received into the Special Fund. As in the case of other Funds, the ISGA shall control the Special Fund.
12. Powers to borrow, receive aid and trade
The ISGA shall have powers to borrow internally and externally, provide guarantees and indemnities, receive aid directly, and engage in or regulate internal and external trade.
13. Accounting and auditing of funds
13.1. The ISGA shall appoint an Auditor General
13.2. All Funds referred to in this Agreement shall be operated, maintained and audited in accordance with internationally accepted accounting and auditing standards. The accounts will be audited by the Auditor General. The auditing of all moneys received from international sources shall be subjected to approval by an internationally-reputed firm appointed by the ISGA.
14. District Committees
14.1. In the effective exercise of its legislative and executive powers, the ISGA may create District Committees to carry out administration in the districts and delegate to such Committees, such powers as the ISGA may determine. The Chairpersons of such committees shall be appointed by the ISGA from amongst its members in order to serve as a liaison between the ISGA and the Committees.
14.2. The other members of the Committees shall also be appointed by the ISGA, which shall have the powers to suspend or terminate any such appointment. In appointing such members, due consideration shall be given to ensure representation of all communities.
14.3. The Committees will function directly under the ISGA.
14.4. The Chief Administrator of the ISGA shall appoint Principal Executive Officers in the districts, who shall also function as the Secretaries to the Committees. The Chief Administrator shall have the powers to suspend or terminate any such appointment.
14.5. All activities and functions of the Committees shall be coordinated through the respective Secretaries to the Committees.
14.6. Sub-committees may also be appointed to facilitate administration.
15. Administration
As part of the exercise of its executive powers the ISGA shall have direction and control over any and all administrative structures and personnel in the North East pertaining to the powers set out in Clause 9 of this Agreement.
The ISGA may, at its discretion, create expert advisory committees in necessary areas. These areas will include but are not limited to Economic Affairs, Financial Affairs, Judicial Affairs, Resettlement and Rehabilitation Affairs, Development of Infrastructure, and Essential Services.
16. Administration of land
Since land is vital to the exercise of the powers set out in Clause 9 (jurisdiction of the ISGA), the ISGA shall have the power to alienate and determine the appropriate use of all land in the North East that is not privately owned.
The ISGA shall appoint a Special Commission on Administration of Land to inquire into and report on the rights of dispossessed people over land and land subject to encroachment, notwithstanding the lapse of any time relating to prescription.
The ISGA shall determine the term of competencies of the Special Commission.
17. Resettlement of occupied lands
The occupation of land by the armed force of the GOSL, and the denial to the rightful civilian owners of unfettered access to such land, is a violation of the norms of international law. Such land must be immediately vacated and restored to the possession of the previous owners. The GOSL must also compensate the owners for the past dispossession of their land.
The ISGA shall be responsible for the resettlement and rehabilitation of displaced civilians and refugees in such lands.
18. Marine and off-shore resources
The ISGA shall have control over the marine and offshore resources of the adjacent seas and the power to regulate access thereto
19. Natural resources
The ISGA will have control over the natural resources in the North East region. Existing agreements relating to any such natural resources will continue in force. The GOSL shall ensure that all monies due under such agreements are paid to the ISGA. Any future changes to such existing agreements should be made with the concurrence of the ISGA. Future agreements shall be entered into with the ISGA.
20. Water use
Upper riparian users of river systems have a duty to ensure that there is a fair, equitable and reasonable use of water resources by lower riparian users. The GOSL and the ISGA shall ensure that this internationally recognized principle is followed in the use of water resources.
21. Agreements and contracts
All future agreements concerning matters under the jurisdiction of the ISGA shall be made with the ISGA. Existing agreements will continue, but the GOSL shall ensure that all proceeds under such agreements are paid to the ISGA. Any changes to such existing agreements should be made with the concurrence of the ISGA.
22. Settlement of disputes
Where a dispute arises between the Parties to this Agreement as to its interpretation or implementation, and it cannot be resolved by any other means acceptable to the Parties including conciliation by the Royal Norwegian Government, there shall be an arbitration before a tribunal consisting of three members, two of whom shall be appointed by each Party. The third member, who shall be the Chairperson of the tribunal, shall be appointed jointly by the Parties concerned. In the event of any disagreement over the appointment of the Chairperson, the Parties shall ask the President of the International Court of Justice to appoint the Chairperson.
In the determination of any dispute the arbitrators shall ensure the parity of status of the LTTE and the GOSL and shall resolve disputes by reference only to the provisions of this Agreement.
The decision of the arbitrators shall be final and conclusive and it shall be binding on the Parties to the dispute.
23. Operational period
This Agreement shall continue until a new Government for the North East, pursuant to a permanent negotiated settlement, is established. The Parties will negotiate in good faith to reach such a settlement as early as possible.
Provided, however, that at the end of four years if no final agreement has been reached between the Parties to this agreement, both Parties shall engage in negotiations in good faith for the purpose of adding, clarifying, and strengthening the terms of this Agreement.
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A sad pattern of Sri Lankan conflict - Prof. Oberst, USA
Prof.Oberst of Nebraska Wesleyan University stated that
rejection of LTTE's Interim Self-Governing Authority (ISGA) proposal by a
number of political parties reflects "a sad pattern of Sri Lankan
conflict." He added that several issues raised in ISGA are "relatively
easy to resolve," and other serious issues need to be resolved during
negotiations between the two sides. Prof.Oberst’s talk was presented at the
International Center for Ethnic Studies (ICES).
FEDERAL SOLUTIONS AMONG SRI LANKAN GOVERNMENT CHAOS:
Over the last 20 years, neither side in the Sri Lankan civil war has shown a willingness to negotiate the conflict with the other side. Until Norwegian mediation, there were few direct meetings between the 2 sides and rarely meetings between powerful figures from either side. Even after Chandrika’s peace initiative in 1995, her devolution proposals were never given directly to the LTTE—they were only presented to the TULF.
It is not surprising that when the LTTE presented their Interim Self-Governing Authority (ISGA), a number of Sri Lankan political parties immediately rejected the proposal arguing that there should be no negotiations over the proposal. This has been a sad pattern of the Sri Lankan conflict. No peaceful resolution to any conflict has ever been obtained without negotiations. Communication is a crucial part of any peace process.
The power struggle which erupted between Ranil and Chandrika in October 2003 has made communication difficult. At the moment neither side can speak for the Sri Lankan government. Complicating the situation is the pressure from Sinhala nationalists in Chandrika’s P.A. coalition and the on-again off again alliance with the JVP.
For over 15 years, the Government of Sri Lanka and the LTTE have been very close to agreement. The presentation of the ISGA reflects the limited differences between the 2 sides. If one compares the government’s proposal of June 2003 (or even the Kumaratunga proposals of 1995) with the ISGA, they will see a relatively small difference between the 2 sides. Negotiations are meant to bridge the gap. No peace can be achieved without negotiations. The LTTE has made no indication that they are unwilling to compromise on the proposal’s points. It would be foolhardy for the Sri Lankan government to fail to at least talk with the LTTE about the proposals.
In light of this spirit of compromise, this essay examines the proposals and compares them to the common practices of unitary and federal systems. It should be noted that the defining difference between unitary and federal systems is not their degree of devolution but rather whether or not the local governments created in the devolution are guaranteed their power by the country’s constitution (federalism) or whether the central government reserves the right to restrict their power (unitary systems). As a result, some unitary systems have devolved power to a greater degree than some federal systems. The United Kingdom would be a good example of this. Thus, the comments made in this paper deal with highly devolved political systems whether they are federal or unitary.
It should be kept in mind that the LTTE presented the Interim Self-Governing Authority (ISGA) proposals with a limited scope—namely to oversee the rebuilding of the north and east. It is clearly intended to be a five year plan bridging the gap between the Memorandum of Understanding and a final solution to the conflict. There are a number of features of interim plans which need to kept in mind.
First, the interim plan should be a step to a final plan. It is blueprint to help guide the parties to some ultimate goal.
Secondly, both sides to the conflict need to decide on what that ultimate goal is. They need to have some idea of what the final outcome of the process will look like. In other words, there must be a rough idea of what the final plan (goal) will look like.
Thirdly, the interim plan needs to be part of the bigger picture of an overall settlement and it needs to spell out its place in that bigger picture.
The ISGA does not include any of these features. The omission of these features rightly leaves their creation to the discussions between the two sides. Each of these features should, however, be part of the negotiations between the government and the LTTE.
At first reading, the ISGA could be seen as a grab for complete power in the northeast. However, the document is remarkable not for what it says but rather for what it does not say. The document appears to go well beyond federalism, appearing to set up a confederation. However, many of the proposals are vague with possible room for modification. It is clear that the ISGA does not set up a devolved unitary or a federal system. However, because of its vague points, it does not preclude the possibility of either.
A number of commentators have argued that the ISGA is a blueprint for independence or a confederation. However, the vagueness of the document on these issues could logically be interpreted in other ways. The vagueness of the document leaves a great deal open for interpretation and one must be careful to not read too much into the document.
A point by point examination of how a highly devolved federal system would deal with the proposals raised by the LTTE will illustrate what can be done to make the document more acceptable to the government and to some of its critics. The first 6 observations deal with issues which should be relatively easy to resolve if the government and the LTTE are serious about a federal solution. The last 6 will raise more serious issues during the negotiations between the 2 sides.
1. SOVEREIGNTY: In federal and unitary systems the national government is the supreme authority in the country. The ISGA does not acknowledge this, nor does it deny it. This is a crucial feature of any political system. No successful political system has ever failed to do this. In Sri Lanka there has been a great deal of concern about the central government losing its sovereignty. In some federal systems, such as the United States, sovereignty rests with the people of the country not the political state. In federal systems, sovereignty (given by the people) is shared by the central government and the regional governments.