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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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AGREEMENT ON A CEASEFIRE BETWEEN THE GOVERNMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA AND THE LIBERATION TIGERS
OF TAMIL EELAM.
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Preamble :
The overall objective of 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) is to find a negotiated solution to the
ongoing ethnic conflict in Sri Lanka.
The GOSL and the LTTE
(hereinafter referred to as the Parties) recognize
the importance of bringing an end to the hostilities
and improving the living conditions for all inhabitants
affected by the conflict. Bringing an end to the hostilities
is also seen by the Parties as a means of establishing
a positive atmosphere in which further steps towards
a lasting solution can be taken.
The Parties further
recognize that groups that are not directly party
to the conflict are also suffering the consequences
of it. This is particularly the case as regards the
Muslim population. Therefore, the provisions of this
Agreement regarding the security of civilians and
their property apply to all inhabitants.
With reference
to the above, the Parties have agreed to enter into
a ceasefire, refrain from conduct that could undermine
the good intentions or violate the spirit of this
Agreement and implement confidence-building measures
as indicated in the articles below.
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Article 1 : Modalities
of a ceasefire |
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The Parties have agreed to implement a ceasefire
between their armed forces as follows :
1.1 A jointly agreed ceasefire between the GOSL
and the LTTE shall enter into force on such
date as is notified by the Norwegian Minister
of Foreign Affairs in accordance with Article
4.2, hereinafter referred to as D-day.
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Military operations
1.2 Neither Party shall engage in any offensive
military operation. This requires the total cessation
of all military action and includes, but is not
limited to, such acts as :
a) The firing of direct and indirect
weapons, armed raids, ambushes, assassinations,
abductions, destruction of civilian or military
property, sabotage, suicide missions and
activities by deep penetration units;
b) Aerial bombardment:
c) Offensive naval operations. |
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1.3 The Sri Lankan armed
forces shall continue to perform their legitimate
task of safeguarding the sovereignty and territorial
integrity of Sri Lanka without engaging in offensive
operations against the LTTE.
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Separation of forces
1.4 Where forward defence
localities have been established, the GOSL's
armed forces and the LTTE's fighting formations
shall hold their ground positions, maintaining
a zone of separation of a minimum of six hundred
(600) metres. However, each Party reserves the
right of movement within one hundred (100) metres
of its own defence localities, keeping an absolute
minimum distance of four hundred (400) metres
between them.
Where existing positions are closer than four
hundred (400) metres, no such right of movement
applies and the Parties agree to ensure the
maximum possible distance between their personnel.
1.5 In areas where localities have not been
clearly established, the status quo as regards
the areas controlled by the GOSL and the LTTE,
respectively, on 24 December 2001 shall continue
to apply pending such demarcation as is provided
in Article 1.6.
1.6 The Parties shall provide information to
the Sri Lanka Monitoring Mission (SLMM) regarding
defence localities in all areas of contention,
cf. Article 3. The monitoring mission shall
assist the Parties in drawing up demarcation
lines at the latest by D-day + 30.
1.7 The Parties shall not move munitions, explosives
or military equipment into the area controlled
by the other Party.
1.8 Tamil paramilitary groups shall be disarmed
by the GOSL by D-day + 30 days at the latest.
The GOSL shall offer to integrate individuals
in these units under the command and disciplinary
structure of the GOSL armed forces for service
away from the Northern and Eastern Province.
Freedom of movement
1.9 The Parties' forces shall initially stay
in the areas under their respective control,
as provided in Article 1.4 and Article 1.5
1.10 Unarmed GOSL troops shall, as of D-day
+60 days, be permitted unlimited passage between
Jaffna and Vavuniya using the Jaffna - Kandy
road (A9). The modalities are to be worked out
by the Parties with the assistance of the SLMM.
1.11 The Parties agree that individual combatants
shall, on the recommendation of their area commander,
be permitted, unarmed and in plain clothes,
to visit family and friends residing in areas
under the control of the other Party. Such visits
shall be limited to six days every second month,
not including the time of travel by the shortest
applicable route. The LTTE shall facilitate
the use of the Jaffna - Kandy road for this
purpose. The Parties reserve the right to deny
entry to specified military areas.
1.12 The Parties agree that as of D-day individual
combatants shall, notwithstanding the two-month
restriction, be permitted, unarmed and in plain
clothes, to visit immediate family (i.e. spouses,
children, grandparents, parents and siblings)
in connection with weddings or funerals. The
right to deny entry to specified military areas
applies.
1.13 Fifty (50) unarmed LTTE members shall,
as of D-day + 30, for the purpose of political
work, be permitted freedom of movement in the
areas of the North and the East dominated by
the GOSL. Additional 100 unarmed LTTE members
shall be permitted freedom of movement as of
D-day + 6-. As of D-day + 90, all unarmed LTTE
members shall be permitted freedom of movement
in the North and East. The LTTE members shall
carry identity papers. The right of the GOSL
to deny entry to specified military areas applies.
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| Article
2 : Measures to restore normalcy |
The Parties shall undertake
the following confidence-building measures with
the aim of restoring normalcy for the all inhabitants
of Sri Lanka :
2.1 The Parties shall in accordance with
international law abstain from hostile acts
against the civilian population, including such
acts as torture, intimidation, abduction, extortion
and harassment.
2.2 The Parties shall refrain from engaging
in activities or propagating ideas that could
offend cultural or religious sensitivities.
Places of worship (temples, churches, mosques
& other holy sites etc) currently held by
the forces of either of the Parties shall be
vacated by D-day + 30 days and made accessible
to the public. Places of worship which are situated
in their respective "high security zones"
shall be vacated by all armed personnel and
maintained in good order by civilian workers,
even when they are not made accessible to the
public.
2.3 Beginning on the date on which this Agreement
enters into force, school buildings occupied
by either party shall be vacated and returned
to their intended use. This activity shall be
completed by D-day + 160 at the latest.
2.4 A schedule indicating the return of all
other public buildings to their intended use
shall be drawn up by the Parties and published
at the latest by D-day + 30.
2.5 The Parties shall review the security measures
and the set-up of checkpoints, particularly
in densely populated cities and towns, in order
to introduce systems that will prevent harassment
of the civilian population. Such systems shall
be in place from D-day + 60.
2.6 The Parties agree to ensure the unimpeded
flow of non-military goods to and from the LTTE-controlled
areas in accordance with Annex A. Quantities
shall be determined by market demand. The GOSL
shall regularly review the matter with the aim
of gradually removing any remaining restrictions
on non-military goods.
2.7 In order to facilitate the flow of goods
and the movement of civilians, the Parties agree
to establish checkpoints on their line of control
at such locations as are specified in Annex
B.
2.8 The Parties shall take steps to ensure that
the Trincomalee - Habarana road remains open
on a 24-hour basis for passenger traffic with
effect form D-day + 10.
2.9 The Parties shall facilitate the extension
of the rail service on the Batticaloa-line to
Welikanda. Repairs and maintenance shall be
carried out by the GOSL in order to extend the
service up to Batticaloa.
2.10 The Parties shall open the Kandy - Jaffna
road (A9) to non-military traffic of goods and
passengers. Specific modalities shall be worked
out by the Parties with the assistance of the
Royal Norwegian Government by D-day + 30 at
the latest.
2.11 A gradual easing of the fishing restrictions
shall take place starting from D-day. As of
D-day + 90, all restrictions on day and night
fishing shall be removed, subject to the following
exceptions : I) fishing will not be permitted
within an area of 1 nautical mile on either
side along the coast and 2 nautical miles seawards
from all security forces camps on the coast;
ii) fishing will not be permitted in harbours
or approaches to harbours bays and estuaries
along with coast.
2.12 The Parties agree that search operations
and arrests under the Prevention of Terrorism
Act shall not take place. Arrests shall be conducted
under due process of law in accordance with
the Criminal Procedure Code.
2.13 The Parties agree to provide family members
of detainees access to the detainees within
D-day + 30.
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| Article 3: The
Monitoring Mission |
The
Parties have agreed to set up an international
monitoring mission to enquire into any instance
of violation of the terms and conditions of
this agreement. Both Parties shall fully cooperate
to rectify any matter of conflict caused by
their respective sides. The mission shall conduct
international verification through on-site monitoring
of the fulfilment of the commitments entered
into in this Agreement as follows
3.1 The name of the monitoring mission shall
be the Sri Lankan Monitoring Mission, hereinafter
referred to as the SLMM.
3.2 Subject to acceptance by the Parties, the
Royal Norwegian Government (hereinafter referred
to as the RNG) shall appoint the Head of the
SLMM (hereinafter referred to as the HOM), who
shall be the final authority regarding interpretation
of this Agreement.
3.3 The SLMM shall liaise with the Parties and
report to the R N G.
3.4 The HoM shall decide the date for the commencement
of the SLMM's operations
3.5 The SLMM shall be composed of representatives
from the Nordic countries
3.6. The SLMM shall establish a headquarters
in such places as the HoM finds appropriate.
An office shall be established in Colombo and
in Wanni in order to liaise with the GOSL and
the LTTE, respectively. The SLMM will maintain
a presence in the distrcts of Jaffna, Mannar,
Vavuniyua, Trincomalee, Batticaloa and Amparai.
3.7 A local monitoring
committee shall be established in Jaffna, Mannar,
Vavuniya, Trincomalee, Batticaloa and Amparai.
Each committee shall consist of 5 members, two
appointed by the GOSL, two by the LTTE and one
international monitor appointed by the HoM.
The international monitor shall chair the committee.
The GOSL and the LTTE appointees may be selected
from among retired judges, public servants,
religious leaders or similar leading citizens.
3.8 The committees shall serve the SLMM in an
advisory capacity and discuss issues relating
to the implementation of this Agreement in their
respective districts, with a view to establishing
a common understanding of such issues. In particular,
they will seek to resolve any dispute concerning
the implementation of this Agreement at the
lowest possible level.
3.9 The parties shall be responsible for the
appropriate protection of and security arrangements
for all SLMM members.
3.10 The Parties agree to ensure the freedom
of movement of the SLMM members in performing
their task. The members of the SLMM shall be
given immediate access to areas where violations
of the Agreement are alleged to have taken place.
The Parties also agree to facilitate the widest
possible access to such areas for the local
members of the six above-mentioned committees,
cf Article 3.7.
3.11 It shall be the responsibility of the SLMM
to take immediate action on any complaints made
by either Party to the Agreement, and to enquire
into and assist the Parties in the settlement
of any dispute that might arise in connection
with such complaints.
3.12 With the aim of resolving disputes at the
lowest possible level, communication shall be
established between Commanders of the GOSL armed
forces and the LTTE area leaders to enable them
to resolve problems in the conflict zones.
3.13 Guidelines for the operations of the SLMM
shall be established in a separate document.
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| Article 4: Entry
into force, amendments and termination of the
Agreement |
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4.1 Each Parties shall notify their consent
to be bound by this Agreement through a letter
to the Norwegian Minister of Foreign Affairs
signed by Prime Minister Ranil Wickremasinghe
on behalf of the GOSL and by leader Velupillai
Pirabaharan on behaf of the LTTE, respectively.
The agreement shall be initialed by each Party
and enclosed in the abovementioned letter.
4.2 The Agreement shall enter into force on
such date as is notified by the Norwegian Minister
of Foreign Affairs.
4.3 This Agreement may be amended and modified
by mutual agreement of both Parties. Such amendments
shall be notified in writing to the RNG.
4.4 This Agreement shall remain in force until
notice of termination is given by either Party
to the RNG. Such notice shall be given fourteern
(14) days in advance of the effective date of
termination.
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Annexes
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Annex A: List
of goods Annex
B: Checkpoints.
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| A N N E X A.
The Parties agree to ensure the flow of
non-military goods to and from LTTE dominated areas of the
Northern and Eastern Province, as well as unimpeded flow
of such goods to the civilian population in these areas.
Non military goods not covered by article 2.6 in the Agreement
are listed below :
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Non military
arms/ammunition |
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Explosives |
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Remote control
devices |
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Barbed wire |
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Binoculars/Telescopes |
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Compasses |
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Penlight batteries |
Diesel, petrol, cement and iron rods
will be restricted in accordance with the following procedures
and quantities :
Diesel and Petrol
The Government Agents (GA) will
register available vehicles; tractors and motorcycles
in the LTTE controlled areas. The GA will calculate
the required weekly amount of diesel and petrol based
on the following estimate :
Trucks/Buses
- 250 litre/week
4
wheels tractor - 310 litre/week
2
wheel tractor - 40 litre/week
Petrol
vehicle - 30 litre/week
Motorcycles
- 7 litre/week
Fishing
vessel - 400 litre/week
Cement
Cement required for
rehabilitation and reconstruction of Government property;
registered co-operatives; or approved housing projects
implemented by the GOSL and international NGOs and more
affluent members of the society; will be brought in
directly by relevant institutions under licenses issued
by Government Agents. The GA shall stipulate the monthly
quantities permitted for such project based upon planned
and reported progress.
Cement required for individual shops/construction/house
owners/rehabilitation- initiatives will be made available
through the co-operations on a commercial basis. The
monthly import for this purpose will be limited to 5,000
bags during the first month and thereafter 10,000 bags/month.
Individual sales by the co-operatives will be registered
and limited to 25 bags per household.
Iron rods
Iron rods for building
constructions will be brought in to the LTTE controlled
areas under licenses issued by the GA.
A monthly re-assessment will be made to assess the possibilities
of removal of the above restrictions.
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A N N E X B.
Checkpoints agreed in Ch.2.7 are as follows
:
- Mandur
- Paddirupur
- Kaludaveli Ferry Point
- Anbalantivu Ferry Point
- Mamunai Ferry Point
- Vanvunateevu
- Santhiveli Boat Point
- Black Bridge
- Sitandy Boat Point
- Kiran bridge
- Kinniyadi Boat Point
- Valachenai
- Makerni
- Mahindapura
- Muttur
- Ugilankulam
- Omanthai. |
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