The Government of
Sri Lanka (GOSL) and the Liberation Tigers of Tamil
Eelam (LTTE) held the sixth session of peace talks
at Hakone, Japan from 18 to 21 March 2003.
The parties met amid
growing security concerns following recent incidents
on land and at sea. While they acknowledged that parallel
progress is needed in negotiations on security, economic
and political issues, the parties left no doubt that
they must now give top priority to improving the security
situation, in particular at sea. The parties undertook
to enforce better compliance with the Ceasefire Agreement
by their personnel.
The Government of
Sri Lanka and the LTTE are deeply concerned about
the latest incidents at sea, including on 10 March.
To prevent future incidents at sea that could threaten
the stability of the ceasefire, the parties have agreed
to convene senior naval and political representatives
from both sides within three weeks to work out effective
arrangements for the operation of naval units in keeping
with existing treaty obligations. The meeting will
be convened by the Royal Norwegian Government and
the Head of the Sri Lanka Monitoring Mission (SLMM)
and will immediately start preparing the meeting with
military leaders on both sides. The parties agreed
to instruct their naval units to exercise restraint,
as required by the Ceasefire Agreement, and to avoid
provocative actions in the crucial period prior to
the establishment of appropriate procedures.
In this context, the
parties agreed to strengthen the mandate and capacity
of the SLMM to undertake preventive measures to avoid
serious incidents at sea and on land. As a fundamental
precondition for the SLMM to take on a stronger role,
the parties pledged to ensure full compliance with
the rulings of the SLMM, guarantee the security of
its personnel in all situations, and take disciplinary
action against anyone endangering the lives of SLMM
personnel.
The parties also agreed to take steps to further strengthen
the security situation on land, including the establishment
of procedures with the cooperation of the SLMM for
handling soldiers and cadres apprehended by the other
party.
In their political
discussions, the parties reiterated their commitment
to develop a federal system based on internal self-determination
within a united Sri Lanka. As the point of departure
for planning how to give effect to the general principles
of federalism in a final settlement of the ethnic
conflict, the parties discussed the essential elements
of fiscal federalism.
The parties discussed
preliminary issues and a framework for political matters
and agreed to expand this into a complete plan at
the seventh session of talks. The plan will outline
the next steps to be taken by the parties and the
topics that must be addressed in order to negotiate
a federal solution for Sri Lanka. The parties recognise
that a considerable amount of time will be required
to address this wide range of topics, which will include
geographical regions and the division of powers between
the center and regions. In this context, the parties
decided to invite the Forum of Federations, a Canadian-based
international organization, to participate as consultants
at the seventh session of talks.
The LTTE reported
on the formation of a Political Affairs Committee
consisting of twenty-one leading members of the organization.
This committee will undertake an intensive study of
federalism over the course of the next three months
to build the LTTE’s capacity for political transformation.
The committee will study federal systems in other
parts of the world, arrange seminars for LTTE cadres,
consult Tamil parliamentarians and academics and seek
advice from lawyers and constitutional experts, to
prepare the ground for the process of establishing
internal self-determination within a united, federal
Sri Lanka.
Following a proposal
by the GOSL to prepare for local government elections
in the North and East, the LTTE will favourably consider
supporting the holding of such elections.
It was agreed that
the rescheduled meeting between the LTTE and the Muslim
representatives in Batticaloa be convened on 27 April
2003. Furthermore, the LTTE and Mr. Rauf Hakeem agreed
to arrange a separate meeting between Muslim leaders
and the leadership of the LTTE in Kilinochchi to discuss
political matters and the participation of a Muslim
delegation in negotiations at plenary sessions.
The parties approved
the proposal submitted by the Sub-Committee on Gender
Issues to establish secretariats in Kilinochchi and
Colombo.
Following up on the
discussions in Berlin in February on human rights,
the parties asked their international human rights
adviser, Mr. Ian Martin, to develop three aspects
of the proposed roadmap for adoption at the seventh
session of talks:
1) The drafting of
a Declaration of Human Rights and Humanitarian Principles.
This would reflect aspects of fundamental international
human rights and humanitarian standards, which both
parties would undertake to ensure are respected in
practice by their personnel, pending the full entrenchment
of human rights standards in the eventual constitutional
arrangements and in federal and local law.
2) The planning of
a programme of human rights training for LTTE cadres
and government officials, police and prison officials,
which would contribute to the respect of these principles
in practice, and of human rights education and awareness
for other sections of the population. This programme
would include specialised training offered by UNICEF
in relation to the rights of the child, UNHCR in relation
to rights of internally displaced persons and refugees,
and ICRC in relation to international humanitarian
law. The Office of the UN High Commissioner for Human
Rights would be invited to coordinate this programme.
3) Proposals for the
strengthening of the Human Rights Commission of Sri
Lanka to enable it to develop the capacity for increasingly
effective monitoring throughout the country. These
proposals would involve international advice and assistance
to the HRC from the Office of the UN High Commissioner
for Human Rights and other sources, and close coordination
with the roles of UNICEF in relation to child protection,
UNHCR in relation to the protection of returning internally
displaced persons and refugees, and SLMM in relation
to acts against the civilian population.
The parties agreed to hold the seventh session of
talks from 29 April to 2 May in Thailand, the eighth
session from 12 to 15 June in Japan and the ninth
session from 15 to 18 July in Europe (venue to be
determined).
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