ProTEG News Letter
P.O.Box 782, Egmore, Chennai 600 008, India.
ISSUE
137
DECEMBER 2003
SOLUTION SHOULD
BE WITHIN THE PARAMETERS OF UNITY AND TERRITORIAL INTEGRITY SAYS INDIA’S
EXTERNAL AFFAIRS MINISTER.
The External Affairs
Minister, Yashwant Sinha, called on Sri
Lankan leaders to resolve differences among themselves through dialogue, even
as the country's President, Chandrika Kumaratunga, cancelled her scheduled
visit to New Delhi. Speaking to presspersons, he said: "We are hoping that
the Sri Lankan leadership will, through dialogue, be able to sort out the
issues which have arisen..." Denying that the latest developments would
have any impact on India-Sri Lanka relations, Mr. Sinha, however, hoped that
"everyone will abide by the Constitution of Sri Lanka and proceed
accordingly".
Referring to the
Government's response that the latest events in Ceylon should not lead to a
constitutional crisis, Mr. Sinha also hoped that these "will not impact on
the peace process". Replying to questions, Mr. Sinha said the peace
process should be carried forward in terms of the "overall framework"
which had been emphasised once again during the October visit of the Sri Lankan
Prime Minister, Ranil Wickremesinghe, to New Delhi.
In the October visit
joint statement, India had spelt out a framework for the LTTE — that its
counter-proposals should be "reasonable" and that an interim
arrangement should be part of a final settlement. Also, New Delhi stressed that
a solution should be within the parameters of unity and territorial integrity
of the country. Mr. Sinha made it clear that India was watching developments in
the island-nation very closely. "We'll keep watching the situation but, as
I said, we are hoping that they will engage in a dialogue among
themselves."
On the India-Sri Lanka
bilateral relationship, Mr. Sinha said this was considered as a "valued
relationship" — a view shared by all political parties in the country.
"We are engaged with Sri Lanka in various ways..." he said, adding
that trade and economic ties between the two countries were "very, very
meaningful".
US TO SURVEY
LANKA AIRFIELDS, HELP AIR FORCE.
NO PROVISION FOR PLURALISTIC
DEMOCRACY IN LTTE PROPOSALS
The Tamil United
Liberation Front, the Liberation Tigers of Tamil Eelam, and four other militant
groups — the Peoples' Liberation Organisation of Tamil Eelam, the Eelam
Peoples' Revolutionary Liberation Front, the Eelam Revolutionary Students'
Organisation and the Tamil Eelam Liberation Organisation — attended the
India-mediated talks and came out with the Thimpu Principles on July 13, 1985.
Since 1985 the LTTE and
other Tamil parties demanded a solution consistent with three Thimpu principles
— recognition of Tamils as a nationality, the right to a traditional homeland
and the right to self-determination. The counter-proposals "encompass a
major portion of the Thimpu principles. They are still relevant and any final
settlement must reflect them." On the possible southern response to the
counter-proposals, he expects the same degree of opposition as in 1985.
"Though the counter-proposals do not provide for democracy and pluralism,
we welcome them, as they meet the aspirations of the Tamil people," D.
Sithadthan, president, PLOTE, who represented his party in Thimpu, said. The
PLOTE, now a Parliamentary party, is not a part of the pro-LTTE Tamil National
Alliance and backs the President, Chandrika Kumaratunga.
Another former militant
leader, Shankar Raje, the EROS delegate at Thimpu, however, sees a political
change from the 1980s with a transformation from "war for peace'' to
"negotiations for peace." The counter-proposals address "most of
the aspirations of the Tamil people'' and "if we can achieve even 75 or 80
per cent, it will be a great step forward'' he said, adding, "though there
is no mention of any pluralistic approach, I welcome the
counter-proposals." The Thimpu Principles "are being given flesh and
substance to a large extent."
Mr. Raje, who wants
inclusiveness in the negotiations, would have been "much happier had it
also entailed space for differing political opinion and an inclusive pan-Tamil
approach. We hope there is still time for such a process."
On the opposition by the
Janatha Vimukthi Peramuna — that the proposals were a stepping-stone to a
separate Eelam — Mr. Raje said that they should consider "what would be
the possibilities if this is not granted'' and "see which path would pave
the shorter route to Eelam." The general secretary of the TULF, R.
Sampanthan, the only other Thimpu delegate still in active politics, is the parliamentary
head of the TNA, which endorses the LTTE's stand.
DELHI SHOULD
KEEP OFF COLOMBO DEVELOPMENTS'
The Janata Party
president, Dr.Subramanian Swamy, urged the Vajpayee Government to "keep
off" from commenting on the developments in Ceylon consequent to the take
over of three vital ministries from the Government headed by Ranil
Wickremasinghe as they were an internal affair of that country. However, in the
national interest, India should assist and enable the Sri Lankan President,
Chandrika Kumaratunga, by "supplying satellite reconnaissance photos to
extradite the LTTE supremo, Prabakaran, and his deputy, Pottu Amman, for facing
trial in the Rajiv Gandhi assassination case in India". In a statement, he said India should also
make clear that there was no need for talks with the LTTE. The Sri Lankan
Government only needed to unilaterally adopt a federal Constitution to replace
the present unitary one, he added
COURT UPHOLDS
PRESIDENT'S `PLENARY EXECUTIVE POWER'
The Sri Lankan Supreme
Court has said that the Defence Minister has to function subject to the
"plenary executive power of the President". A five-member Bench,
headed by the Chief Justice, unanimously ruled that the plenary executive power
was "vested and reposed with the President''. The determination assumes
significance, as one of the questions about the working of the cohabitation
Government was whether the powers of the Defence Minister was subordinate to
those of the President.
Conventionally, Sri
Lankan Executive Presidents have held the Defence portfolio, but after the 2001
parliamentary elections, the Sri Lankan President, Chandrika Kumaratunga, gave
that portfolio to Tilak Marapone, a Minister of the United National Front. Over
the past 18 months, Ms. Kumaratunga had raised concerns over the security
situation and said the Government was turning a blind eye to the LTTE
activities.
Ms. Kumaratunga,
exercising her constitutional powers, took control of three Ministries
including Defence and Interior. In addition to plenary powers, the court's
determination was sought if amendments by the Defence Minister to existing
regulations on retirement had "interfered'' with the President's powers.
On this question, the Supreme Court in its 14-page determination said the
Defence Minister had "no legal authority to amend the existing regulations
under the Army, Navy and Air Force Acts'' and that the changes made were
"ultra vires, invalid and of no force or avail in law''.
THERE WAS NO
EMERGENCY, SAYS PRESIDENT'S OFFICE
The Sri Lankan President,
Chandrika Kumaratunga called for a “grand alliance'' of all “national and
patriotic forces'' to form a government of national reconstruction and
reconciliation''. In a television address to the nation, she said she was ready
to commence discussions ``with leaders of all parties in Parliament with the
Prime Minister, Ranil Wickremesinghe and the leaders of his party'' for such a
move.
The speech was the
second made by the President after her move to constitutionally take over the
Ministries of Defence, Interior and Mass Communication and to prorogue
Parliament. Reiterating her commitment to peace, she said “it was not a
sheepskin put on for grabbing power''. The Wickremesinghe administration's
promise of peace made two years ago, she said, was ``becoming elusive'', she
said. The LTTE's counter proposals, Ms. Kumaratunga said, had not addressed the
core issues as they had ``not given up a separate state'' and had ``not even
hinted'' at disarming themselves.
The President's office
described the emergency a “non-event'' as Ms. Kumaratunga had not signed the
proclamation required to make it a law. Confirming that the emergency
regulations, with “revisions'' were “sent to the State Printer'', the
President's office said: “this had led to the belief that a state of emergency
had been declared. A state of emergency becomes law only after the President
signs a proclamation. The President did not sign such proclamation''. Several
obnoxious clauses in the emergency regulations, when they were last in force,
needed to be expunged.'' These revisions, “were effected to the emergency
regulations, only to be put into effect in an eventuality, and for the security
apparatus to be in a state of preparedness'', the President's office said. Mr.
Wickremesinghe, who was in Washington when the political standoff started,
later arrived in Ceylon to a rousing reception organised by supporters of the
ruling United National Party (UNP) pledging to put the “peace process back on
track''. The Prime Minister did not make any direct reference to the
Presidential actions but called them “fundamental alterations'' which “puts the
whole peace process at risk''. “I have to create an environment in which the
peace process can go forward. Sri Lanka cannot be found to be at fault in
stopping the peace process'', he said, adding he would start discussions with
the main international donors as well as Norway and India. Mr. Wickremesinghe,
who met Cabinet ministers and MPs also wanted the immediate reconvening of
Parliament and focus on putting the peace process back on track''. On the
proroguing of Parliament, the Prime Minister, bolstered with the support
expressed by 128 MPs in the 225-member House, said: “we have to ensure that the
parliament is resumed immediately so that the peace process can continue''. In
addition, the Budget, which planned pay hikes and economic benefits to the
people also had to be passed he said. Later the party's Deputy leader said a
meeting of parliamentary party leaders would be called to formally request a
reconvening of Parliament.
On his visit to the
U.S., Mr. Wickremesinghe said President George Bush had placed confidence in
his leadership and pledged support to the peace process. The LTTE, he said, was
“getting ready'' to discuss the counter-proposals and that he would “not betray
the peace process''.
DECLINE IN IDP
MOVEMENT DUE TO DEMINING PROCESS
The Ministry of
Rehabilitation, Resettlement and Refugees said that there had been a decline in
the movement of internally displaced persons within the past few months owing
to the on going "demining process." "We cannot afford to allow
the IDP’s or refugees to return to those areas until we receive a certification
from the United Nations Development Program that the areas are mine free.
Secondly the issue of the High Security Zone (HSZ) is also imminent and
unsettled. "But it is to be addressed as soon as negotiations
commence," said the Minister of Rehabilitation, Resettlement and Refugees,
Dr.Jayalath Jayawardena. "The trend in IDP movements to and within the
districts of Jaffna, Mannar, Vavuniya, Mullaithivu, Kilinochchi, Trincomalee,
Batticaloa and Puttalam shows a decline in figures," Jayawardane pointed
out.
From January to June
last year over 141,107 IDPs were moving. The figures dropped to 28,827 in July
the same year. However the figures of IDP movement dropped severely by August
2003 to 3,462.
"The total number
of IDP movement from January 2002 to August 2003 has been 316,315," he
said. The most number of IDP movements this August was seen in the Jaffna
District, where 1,352 IDPs were moving (1,169 IDPs from outside and 183 IDP’s
within the Jaffna District). "This is nearly double the amount of the
movement seen in the District of Kilinochchi (716)," the minister pointed
out. The two mainstream of IDP’s come from the Districts of Kilinochchi and
Mullaithivu amounts to 500. He claimed
that a majority of IDPs in the Jaffna District moved to Thenmarachchi in the
Chavakachcheri area. It has affected 16,523 IDP families (60,145 individuals)
from January 2002 to August 2003. However in August 2003 this tendency of IDP
movement cannot be confirmed any more, Dr. Jayawardane said. Meanwhile he
pointed out that 1,102 refugee families had been repatriated from India to the
Jaffna and Mannar Districts from January 2002 to August 2003. "In this
period there was a total movement of 160 refugee families.
LTTE PROPOSALS
GO BEYOND BOUNDS OF OSLO, TOKYO DECLARATIONS SAYS US
America commenting on
the LTTE proposals for an interim administration emphasized that boundaries set
by the Oslo and Tokyo Declarations must be adhered to: namely, federalism,
democratic society, respect for human rights and territorial integrity.
"This is the first time I have seen such a comprehensive delineation of
the LTTE’s aspirations and in that regard I, think it’s significant," said
Acting Secretary of State Richard Armitage. "But I would think from my
reading of this almost twelve page document that it does go outside the bounds
of what was envisioned in Oslo and in Tokyo... where we talked about a
federation, democratic society, respect for human rights and territorial
integrity."
"This being the
first time that such a comprehensive delineation has been made, it is
significant and may form the basis for the way forward," he reiterated.
"But I would say that we need to come back to the boundaries envisioned by
the Tokyo and Oslo Declarations." Armitage was fielding questions from
journalists after meeting Prime Minister Ranil Wickremesinghe at the Ritz
Carlton Hotel. While he holds position of deputy state secretary, he is
currently acting for Secretary of State Colin Powell who is visiting Panama.
Asked whether the latest developments would improve Tiger chances of being
struck off the US Foreign Terrorists Organisation (FTO) list, Armitage replied
in the negative. "This does not in any way remove the LTTE from the list
of Foreign Terrorist Organisations," he said. "In order to be removed
from the list, the LTTE must in word and deed eschew the use of terrorism, the
use of violence against innocents, as a political weapon. Armitage also
commented on continued child conscription by the LTTE: "My understanding
is that the conscription of children or the so-called phenomenon of child
soldiers is still continuing. Assistant Secretary Rocca testified at Congress
and we have had other publications from the department of state that decried
this." "It’s a terrible blot on society when children are impressed
into military combat," he said.
Assistant Secretary of
State for South Asian Affairs Christina Rocca told Congress on October 29 that
the United States was working to "bring down" terror networks in
South Asia. She also said the LTTE’s FTO designation could be revoked only if
the group renounced terrorism and ceased all terrorist activity. Asked about
reports of continued LTTE arms smuggling, Armitage said the US was "quite
concerned that there are reports of arms smuggling". He pointed out that
it was against international laws.
"We want to be on
the side of those trying to throttle arms smuggling and we will continue to
look at ways in which to do that," he explained. "We will exchange
information with the government of Sri Lanka and work with like-minded
countries to stop the illegal transfer of weapons across national
boundaries." Armitage was also questioned about America’s continued
interest in Ceylon, despite having more serious issues on its plate like Iraq.
"I think our strategic interest is that where there is violence and
struggle in any place, it can spread to other places," he replied.
"So, in that regard, we have a strategic interest. But the overwhelming
interest we have is one of humanity and the development of Sri Lanka."
"We want this
island to be a full and complete partner in the economy, not only of South Asia
but of the globe," he continued. "We see no reason why Sri Lanka
can’t be an engine of growth in South Asia and I look forward to the day it
will be so." Elaborating on his discussions with Wickremesinghe, Armitage
said they had talked about the economic situation in Ceylon, the LTTE proposals
and the political situation. He said that the US will continue to assist Ceylon
but stressed that the benefits must be enjoyed by the entire country, not just
the north and east.
35% OF LTTE FIGHTERS ARE
TAMILS OF INDIAN ORIGIN
The leader of the LTTE’s
political wing, SP Tamilchelvam, has made the startling revelation that 35 per
cent of the fighting cadres of the Liberation Tigers of Tamil Eelam (LTTE) are
Indian Origin Tamils (IOT). Hindustan Times has learnt that Tamilchelvam made
this revelation to some Tamil politicians who had met him recently. He had also
said that LTTE leader Velupillai Prabhakaran’s personal bodyguards were drawn
from the Indian Origin Tamil community. The leader trusted the Indian Origin
Tamils more than he did the indigenous Ceylon Tamils, Tamilchelvam is reported
to have said. The one million strong Indian Origin Tamil community lives mostly
in the plantation areas of Central Ceylon. But small communities of them live
in the Vanni area also, in Vavuniya and north of it in LTTE held territory.
It is possible that the
IOT, Tamilchelvam was referring to, were drawn mainly from the Vanni area, from
within or close to the LTTE-controlled parts. But it may also mean that the
plantations in Central Ceylon, set amidst Sinhalese villages, has been a
recruiting ground. This should be a matter of concern to the Sri Lankan State.
There has been a growing pro-LTTE sentiment among the IOT in the plantation
areas. After all, they are the base for P Chandrasekharan’s Up-Country Peoples’
Front, which is pro-LTTE.
Chandrasekharan, who is now a minister in the Ranil Wickremesinghe
government, was in jail some years ago for alleged links with the LTTE. In more
recent times, Chandrasekharan, had pleaded with Prabhakaran to take up the
IOT’s cause also. But Prabhakaran had said that the LTTE could not play a
direct role. All it could do was to give moral support to a homegrown IOT
struggle for rights, led by its indigenous leaders, he said. The Tamil leaders,
who had met Tamilchelvam, said that Prabhakaran trusted his IOT cadres more
because of the caste factor.
Caste prejudice is
deeply embedded in Sri Lankan Tamil society. Prabhakaran comes from the fisher
caste, while the dominant caste in the Tamil majority North Eastern Sri Lanka,
is Vellala. Jaffna, the heartland of "Tamil Eelam", particularly, is
Vellala dominated. Vellala prejudice against low castes was one of the factors
behind the widespread opposition to a Dalit Mayor inaugurating the rebuilt
Jaffna Public Library recently. The Mayor of Jaffna then was Selvan Kandaiyan,
who came from the caste of conservancy workers. Tamil politicians who had met
Tamilchelvam came back with the distinct impression that the LTTE was
"desperate", to secure India’s support. It seemed that the LTTE cared
too hoots about other countries, including the United States, but it definitely
wanted India’s support.
A hint of this was given
by Tamilchelvam at the press conference in Kilinochchi on November 1,when
despite direct questioning, he refused to comment on India’s willingness to
sign a Defense Cooperation Agreement with Sri Lanka, which was obviously aimed
at the LTTE. But speaking exclusively to the Ceylon Tamils, through the mass
circulated Tamil daily "Virakesari", he sang a different tune. He
said that India should not put any conditions or give any framework for a
settlement of the Tamil question in Ceylon, referring to the Joint Statement
issued by the Indian and Sri Lankan Prime Ministers on October 21. Setting such
conditions was tantamount to arresting the legitimate rights and aspirations of
the Tamil people of the island, Tamilchelvam said.
LTTE ARMS
SMUGGLERS GET FIVE-YEAR JAIL IN THAILAND
Three smugglers from
Ceylon suspected to be Tamil Tigers were sentenced to five years in jail for
arms smuggling. Sujit Gunapala, 27, Sasijaran Teverajah, 27, and Saticpawan
Arsieawatap, 34, denied the charges following their arrest in the South on May
12. However, they pleaded guilty and were given ten years in jail each halved
because they confessed. "This abrupt change of heart may be due to the
fact the LTTE did not want the case to drag on since that could affect its
secret movements here," said a security source who closely monitored Tamil
Tiger activities in Thailand. Among senior LTTE figures believed to be
operating secretly in Thailand was Kumaran Pathmanathan, 48, widely known as
KP, who was responsible for smuggling weapons from Thailand to the LTTE.
"KP is still secretly operating from Thailand and Cambodia. He is one of
key LTTE members with wide regional connections," said the source. Indian
and Sri Lankan authorities have issued warrants for his arrest on terrorism
charges. "They (LTTE) are looking for shoulder-fired anti-aircraft
missiles, which are still available in Cambodia, for delivery to Sri
Lanka," the source said. The three arms smugglers from Ceylon were
arrested on May 12 with ten 9 mm Glock pistols, three 11 mm HK Mark 23 pistols
and thousands of assorted ammunition. Following their capture, warrants were
issued for the arrest of 14 Thais, including eight junior police and military
officers, suspected of involvement in an arms smuggling ring which included
several gun shops in Bangkok. Eleven of them have already surrendered to face
charges of firearms control law violations and forging documents.
STATE
GOVERNMENT MAY ADDRESS CENTRAL GOVERNMENT TO GRANT EXTRA SEATS TO CEYLON TAMIL
REFUGEE STUDENTS
The Central Government
is vested with powers under the Indian constitution ruled the High Court in
delivering the judgement, on the writ petition submitted by Dr.Subramanian
Swamy on behalf of the Ceylon Tamil Refugees in Tamil Nadu.
The two-judge bench of
the High court of Madras consisting of Hon. Chief Justice B.Subhasan Reddy and
Hon.Justice K.Gnanapragasam said. “As rightly contended by Dr.Swamy, the
continuance or discontinuance of reservation to Ceylon Refugee students does
not have any relation to reservation provided for citizens in Article 15 of the
Constitution of India. In fact, he has fairly submitted that without affecting
the citizens students be it open category or reservation special reservation
which is sought for would have non-citizens, i.e., Sri Lankan Refugees students
on humanitarian grounds and that extra seats have to be created and allocated
for such students. But such a power is vested by the Constitution with the
Central Government in Article 253 r/w. Entry 10, 14, 17, and 10 of list 1 of 7th
schedule of the Indian Constitution. Of course, States can always press the
Central Government in a particular situation, but ultimately it is for the
Central Government to take a decision”.
“In the instant case,
the Central Government has continued the facility which were given to Sri
Lankan Refugees students only upto the Academic Year 1991-92 and discontinued
from 1992-93 onwards. The reservation issue which the Larger Bench of this
Hon’ble Court AARTHI Vs. State of Tamil Nadu relates to one emanating from
Article 15 of the Constitution of India. It is no way concerned with
non-citizens like, Sri Lankan Refugees Students. As already stated above, the
issue relating to any relief or facility to be provided to Sri Lankan Refugee
Students falls within the domain of the Central Government and it is for the
Central Government which is now impleaded as 8th respondent in this Petition
dated 21.11.2003 W.MP no 37714 of 2003. A decision in this regard and the State
of Tamil Nadu is also at liberty to address the Central Government if it feels
necessary that the facility of granting extra seats for Sri Lanka Refugees
students in Educational Institutions of Tamil Nadu is extended to them. In the
above observation the writ petition is closed with no cost”.
TROOPS RESCUE
CHILD FROM LTTE
Troops deployed at
‘black bridge’ in Chenkalady, recently prevented LTTE cadres from abducting a
ten-year-old boy. The boy identified as Thiyagarajah Kumar was being forcibly
taken in a three-wheeler when troops intervened, a security source said. The
three-wheeler driver and two LTTE cadres subsequently identified as ‘political
wing’ members, based at their Vantharamoolai office, were apprehended. These
arrests were the first since President Chandrika Kumaratunga took over three
portfolios including defence and interior. The suspects were later handed over
to Eravur police. Initial inquiries revealed the LTTE cadres based at
Vantharamoolai ‘political’ office had detained the boy accused of being
involved in stealing some jewellery. "The boy had been brutally assaulted
at the Vantharamoolai office," a police source, based in the area, said.
"He was rescued as he was being taken across ‘black bridge’ to the LTTE’s
Karadiyanaru base. On the pretext of carrying out political activity, Tigers
based at so called-political offices, set up in the north-east, brazenly
engaged in "all sorts of illegitimate activity," the source said. The
Oslo-brokered cease-fire agreement permits the LTTE to set up political offices
in government-administered areas.
NOT AN ASTUTE
POLITICIAN LIKE HIS GRANDFATHER
Ceylon Workers Congress
(CWC) Leader and Minister Arumugam Thondaman who heads the biggest party of
Indian origin Tamils (IOT) threatened that minorities will have no alternative
but to align themselves, with the LTTE, if an all party national government as
proposed by President Chandrika Kumaratunga was formed. Explaining the CWC
stand Thondaman who donned the mantle of his grandfather late S.Thondaman who
founded the CWC, said that an all party national government would be dominated
by the majority Sinhala community and that minorities would be rendered
politically irrelevant.
The CWC would have to
break off from its alliance with the ruling United National Front (UNF) and
form an alliance of minorities like his with the LTTE if they were to achieve
their rights and aspirations in the future. At present minority political
parties are the major stake holders in any government either UNP or SLFP. That
position will change if the two majority parties get together to form a grand
alliance and the minorities will have no alternative other than join the LTTE.
Many Tamils of recent
Indian origin are perturbed at the irresponsible utterances of the Leader of the
biggest political organisation representing the IOT. They recall the sagacity
of Mr.S.Thondaman who built and nurtured the CWC as a strong trade union among
the plantation workers. The present leader of the CWC is not a patch on his
grandfather. His only credential to the position he holds in the CWC and the
ministerial berth in the Government may be due to his ancestry and the
inheritance of the name of ‘Thondaman’.
MDMA HAD ISSUED
25 LETTERS ROGATORY FOR PRABHAKARAN’S EXTRATION
Indian CBI chief P.C.
Sharma maintained that his agency was seeking the help of the Interpol and the
diplomatic channels to apprehend the two most wanted fugitives, Pakistan-based
underworld don Dawood Ibrahim and LTTE chief V.Prabhakaran. Addressing
presspersons, Sharma sought to put on a brave face on the “extradition
efforts”, now going on for over a decade now. He asserted that they had not
given up their efforts. However, Sharma also regretted that some countries were
not cooperating with the CBI in its efforts, though he would not identify them.
He revealed that the Multi-Disciplinary Monitoring Agency (MDMA), constituted
to follow up the recommendations of the Jain Commission, which probed the
conspiracy angle in former Prime Minister Rajiv Gandhi’s killling, had issued 25
letters rogatory for the extradition of Prabhakaran but to no avail thus far.
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