To
establish peace and normalcy in Sri Lanka
The president
of the Democratic Socialist Republic of Sri
Lanka, his excellency Mr. J.R. Jayawardene,
and the Prime Minister of The Republic of India,
His Excellency Mr. Rajiv Gandhi, having met
at Colombo on July
29, 1987.
Attaching utmost
importance to nurturing, intensifying and strengthening
the traditional friendship of Sri Lanka and
India, and acknowledging the imperative need
of resolving the ethnic problem of Sri Lanka,
and the consequent violence, and for the safety,
wellbeing and prosperity of people belonging
to all communities of Sri Lanka.
Have this day
entered into the following agreement to fulfil
this objective
1. In this context,
1.1 Desiring
to preserve the unity, sovereignty and territorial
integrity of Sri Lanka:
1.2 Acknowledging
that Sri Lanka is a ``multi-ethnic and a multi-lingual
plural society'' consisting, inter alia, of
Sinhalese, Tamils, Muslims (Moors) and Burghers:
1.3 Recognising
that each ethnic group has a distinct cultural
and linguistic identity which has to be carefully
nurtured:
1.4 Also recognising
that the Nothern and the Eastern Provinces have
been areas of historical habitation of Sri Lankan
Tamil speaking peoples, who have at all times
hitherto lived together in this territory with
other ethnic groups:
1.5 Conscious
of the necessity of strengthening the forces
contributing to the unity, sovereignty and territorial
integrity of Sri Lanka, and preserving its character
as a multi-ethnic, multi-lingual and multi-
religious plural society , in which all citizens
can live in eqality, safety and harmony, and
prosper and fulfil their aspirations:
2. Resolve that:
2.1 Since the
Government of Sri Lanka proposes to permit adjoining
provinces to join to form one administrative
unit and also by a Referendum to separate as
may be permitted to the Nothern and Eastern
Provinces as outlined below:
2.2 During the
period, which shall be considered an interim
period (i.e. from the date of the elections
to the Provincial Council,as specified in para
2.8 to the date of the referendum as specified
in para 2.3), the
Nothern and Eastern Provinces as now constituted,
will form one administrative unit, having one
elected provincial council. Such a unit will
have one Governor, one Chief Minister and one
Board of Ministers.
2.3 There will
be a Referendum on or before 31st december,1988
to enable the people of the Eastern Province
to decide whether:
a) The Eastern Province should remain linked
with the Nothern Province as one administrative
unit, and continue to be governed together with
the Nothern Province as specified in para 2.2
or:
b) The eastern province should constitute a
separate administrative unit having its own
distinct provincial council with a separate
Governer, Chief Minister and Board of Ministers.
The president
may, at his discretion, decide to postpone such
a referendum.
2.4 All persons
who have been displaced due to ethnic violence
or other reasons, will have the right to vote
in such a referendum. Necessary conditions to
enable them to return to areas from where they
were
displaced will be created.
2.5 The Referendum,
when held,will be monitered by a committee headed
by the Chief Justice, a member appointed by
the President, nominated by the Government of
Sri Lanka, and a member appointed by the president,
nominated by the representatives of the Tamil
speaking people of the Eastern Province.
2.6 A simple
majority will be sufficient to determine the
result of the Referendum.
2.7 Meetings
and other forms of propaganda, permissible within
the laws of the country, will be allowed before
the Referendum.
2.8 Elections
to Provincial Councils will be held within the
next three months, in any event before 31st
December 1987. Indian observers will be invited
for elections to the Provincial Council of the
north and east.
2.9 The emergency
will be lifted in the Eastern and Nothern Provinces
by Aug. 15, 1987. A cessation of hostilities
will come into effect all over the island within
48 hours of signing of this agreement. All arms
presently held by militant groups will be surrendered
in accordance with an agreed procedure to authorities
to be designated by the Government of Sri Lanka.
Consequent to
the cessation of hostilities and the surrender
of arms by militant groups, the army and other
security personnel will be confined to barracks
in camps as on 25 May 1987. The process of surrendering
arms and the confining of security personnel
moving back to barracks shall be completed within
72 hours of the cessation of hostilities coming
into effect.
2.10 The Government
of Sri Lanka will utilise for the purpose of
law enforcement and maintenance of security
in the Nothern and Eastern Provinces the same
organisations and mechanisms of Government as
are used in the rest of the country.
2.11 The President
of Sri Lanka will grant a general amnesty to
political and other prisoners now held in custody
under The Prevention of Terrorism Act and other
emergency laws, and to combatants, as well as
to those persons accused, charged and/or convicted
under these laws. The Government of Sri Lanka
will make special efforts to rehabilitate militant
youth with a view to bringing them back into
the mainstream of national life. India will
co-operate in the process.
2.12 The Government
of Sri Lanka will accept and abide by the above
provisions and expect all others to do likewise.
2.13 If the
framework for the resolutions is accepted, the
Government of Sri Lanka will implement the relevant
proposals forthwith.
2.14 The Government
of India will underwrite and guarantee the resolutions,
and co-operate in the implementation of these
proposals.
2.15 These proposals
are conditional to an acceptance of the proposals
negotiated from 4.5.1986 to 19.12.1986. Residual
matters not finalised during the above negotiations
shall be resolved between India and Sri Lanka
within a period of six weeks of signing this
agreement. These proposals are also conditional
to the Government of India co-operating directly
with the Government of Sri Lanka in their implementation.
2.16 These proposals
are also conditional to the Government of India
taking the following actions if any militant
groups operating in Sri Lanka do not accept
this framework of proposals for a settlement,
namely,
a) India will
take all necessary steps to ensure that Indian
territory is not used for activities prejudicial
to the unity, integrity and security of Sri
Lanka
b) the Indian navy/coast guard will cooperate
with the Sri Lankan navy in preventing Tamil
militant activities from affecting Sri Lanka.
c) In the event that the Government of Sri Lanka
requests the Government of India to afford military
assistance to implement these proposals the
Government of India will co-operate by giving
to the Government of Sri Lanka such military
assistance as and when requested.
d) the Government of India will expedite repatriation
from Sri Lanka of Indian citizens to India who
are resident here, concurrently with the repatriation
of Sri Lankan refugees from Tamil Nadu.
e) The Governments of Sri Lanka and India will
co-operate in ensuring the physical security
and safety of all communities inhabiting the
Nothern and Eastern Provinces.
2.17 The government
of Sri Lanka shall ensure free, full and fair
participation of voters from all communities
in the Nothern and Eastern Provinces in electoral
processes envisaged in this agreement. The Government
of India will extend full co-operation to the
Government of Sri Lanka in this regard.
2.18 The official
language of Sri Lanka shall be Sinhala. Tamil
and English will also be official languages.
3. This agreement
and the annexure thereto shall come into force
upon signature.
In witness whereof
we have set our hands and seals hereunto.
Done in Colombo,
Sri Lanka, on this the twenty-ninth day of July
of the year one thousand nine hundred and eighty
seven, in duplicate, both texts being equally
authentic. |