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Ceasefire Violations |
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22.02.2002 - 30.04.2005 |
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Violations Committed
by the GOSL - 129 |
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Violations
Committed
by
the LTTE - 2837 |
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Read
More.. |
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IDP
Movements |
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STATUS OF MISSION AGREEMENT (SOMA) ON THE ESTABLISHMENT AND
MANAGEMENT OF THE
SRI LANKA MONITORING MISSION (SLMM)
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Preamble :
In accordance with the Ceasefire
Agreement, the Government of the Democratic Socialist
Republic of Sri Lanka (hereinafter referred to as
the GOSL) and the Liberation Tigers of Tamil Eelam
(hereinafter referred to as the LTTE) have requested
the Royal Norwegian Government (hereinafter referred
to as RNG) to organize, equip and establish an international
mission, called the Sri Lanka Monitoring Mission (hereinafter
referred to as the SLMM), to monitor the implementation
of the Ceasefire Agreement.
The GOSL and the LTTE have stressed the importance
of international monitoring of the ceasefire, expressed
their willingness to facilitate and support the
establishment and administration of the SLMM, and
guaranteed their co-operation with the Mission.
The RNG has accepted this request with the understanding
that the SLMM will conduct international verification
through on-site monitoring in accordance with the
Ceasefire Agreement. It is, however, understood
that the effect of the SLMM will depend on the parties'
willingness to abide with recommendations from SLMM.
Based on Ceasefire Agreement and the above, the
GOSL and the RNG have concluded a Status of Mission
Agreement (hereinafter referred to as the SOMA),
in which the status, privileges and immunities of
the Sri Lanka Monitoring Mission and its members
are defined and set out. The LTTE has in writing
declared its willingness to fully implement all
parts of this SOMA.
The establishment of SLMM constitutes a Specific
Agreement under Article II in the Agreement between
Norway and Sri Lanka regarding Cooperation for Promotion
of the Economic and Social development of Sri Lanka,
dated 3 December 1986 and prolonged by and Addendum
dated 7 October 1992 ("the Main Agreement").
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Article 1 : General
provisions |
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The RNG undertakes to coordinate, facilitate
and lead the establishment of the SLMM. The
members of the Mission will be recruited from
among citizens of the Nordic countries. The
Mission and its members shall have such status,
privileges and immunities as are conferred on
them by this SOMA and any other applicable instrument
of international law.
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| Article
2 : |
The premises of the SLMM, its property and assets
wherever located and by whomsoever held shall
enjoy within Sri Lanka, the same inviolability,
jurisdictional immunities and fiscal exemptions
as are accorded to the Royal Norwegian Embassy
in Sri Lanka and for this purpose shall be deemed
to be part of the said Embassy
| The
Misson |
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1.
The premises of the SLMM shall be inviolable.
2. The property and
assets of the Mission, wherever located
and by whomsoever held, shall be immune
from search, requisition, confiscation
and expropriation.
3. The archives of the
SLMM and in general all its documents
in paper or electronic form, including
audio-and videotapes, shall be inviolable
wherever located and by whomsoever held.
4. The SLMM's property
and assets, wherever located and by
whomsoever held, shall enjoy immunity
from any form of legal process except
:
(a) In so far as in
any particular case it has expressly
waived its immunity in writing. It
is, however, understood that such
waiver of immunity does not extend
to any measure of execution.
(b) In the case
of a civil action brought by a third
party for damages arising from an
accident caused by use of equipment,
including a motor vehicle, belonging
to or operated on behalf of the Mission
Taxes and duties
In accordance
with the Main Agreement, the following
will apply to the SLMM:
5. The Mission
has the right to import operational
supplies and equipment free of import
taxes and duties.
6. The SLMM will be
reimbursed for Value Added Tax (VAT)/Goods
and Services Tax on locally procured
operational supplies and equipment,
and will enjoy privileges concerning
taxes on petrol.
7.
In meeting its logistical and operational
needs, the SLMM may make use (by purchasing
and hiring) of local resources, such
as communications systems, housing,
food, fuel, repairs, medical services,
etc.
Equipment
8. As a basis for its reporting activities,
the SLMM may use necessary equipment
such as maps, compasses, GPS, binoculars,
laser range finders, all kind of communications
systems, the Internet, e-mail, cameras,
videotape recorders, etc.
9. The SLMM is authorized
to set up and operate internal communications
systems (including mobile-transceiver
in all vehicles and to members of the
SLMM) and external communication systems
(satellite communication).
10.
The Government of Sri Lanka will facilitate
smooth custom clearance of the SLMM's
operational supplies, goods and equipment,
including smooth, entries and exits
of the SLMM's international personnel.
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| Article 3: The
individual members of the SLMM |
All members of the SLMM shall be accorded the
same immunities and privileges as are accorded
to diplomatic agents under the Vienna Convention
on Diplomatic Relations of 18 April 1961. In
particular they shall be accorded :
1. Immunity from personal arrest or detention
and from legal process in respect of all acts,
including words spoken or written, performed
by them in the course of duty.
2. Inviolability for all papers and documents.
3. Freedom of movement for the performance
of their tasks, including traveling on board
GOSL vessels and aircraft. The LTTE has agreed
to grant the same access in respect of their
vessels.
4. For the purpose of internal
and external communications, the SLMM and
its members shall have the right to use codes
and to receive papers or correspondence by
courier or in sealed bags. No official communication
directed to the SLMM or to any of its members,
nor any outward official communication of
the Mission, by whatever means or in whatever
form transmitted, shall be detained in any
way or suffer any interference with its confidentiality.
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| Article 4: Laws
and regulations |
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Privileges and immunities are accorded to the
SLMM and its members in the interests of efficient
and independent fulfillment of the Mission's
tasks and not for the personal benefit of the
individuals concerned. Without prejudice to
their privileges and immunities, the Mission
and its members will take all appropriate steps
to ensure respect for and compliance with the
laws and regulations of Sri Lanka.
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| Article
5: Clothing, identification
and armament |
1. The members of the SLMM will wear plain clothes,
and be visually recognized by armlets marked with
the SLMM emblem.
2. The members of the SLMM will not carry side
arms or any other kind of weapons.
3. All vehicles and premises
at the disposal of the Mission will be marked
with the SLMM emblem.
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| Article
6: Security, safety
and emergencies |
The GOSL is responsible for the protection and
security arrangements of all SLMM personnel residing
in Sri Lanka. The GOSL will, if necessary provide
emergency medial aid and assist in providing emergency
medical evacuation of SLMM personnel on Sri Lanka
territory. The LTTE has agreed in writing to take
upon itself the same responsibilities in the areas
under its military dominance.
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| Article
7: Miscellaneous provisions |
1. The GOSL will assist SLMM in finding appropriate
office space, free of charge, to the SLMM as required
and deemed necessary. The LTTE has agreed in writing
to take upon itself the same responsibilities
in the areas under its military dominance.
2. The GOSL will assist the SLMM in finding
appropriate and suitable accommodation for all
international personnel. The LTTE has agreed
in writing to take upon itself the same responsibilities
in the areas under its military dominance.
3. The Norwegian Government
and the Participating Nations will bear all
expenses of SLMM, except for those incurred
under Article 6.
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Final Provisions |
| This Status of Mission Agreement
enters into force on the date of its signature, and
shall remain in force for the duration of the Sri
Lanka Monitoring Mission.
Signed : Colombo
18.03.02
On behalf of the
Royal Norwegian Government |
On behalf of the
Government of the
Democratic Socialist Republic of Sri Lanka |
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