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LTTE Courts and police stations are illegal and
unconstitutional, but have patience - Marapana
As we are all aware, at present, with the Ceasefire Agreement in place, the hostilities have ceased and there is relative calm in the country. Of course, there are isolated incidents which threaten this peace and require the intervention of the armed forces. These incidents attract greater attention purely for the reason these incidents occur in this predominantly peaceful atmosphere. However, this is not to ignore the occurrence of such incidents. The government has taken, and will always take, serious note and effective remedial action to prevent their occurrence and to contain any such incident- big or small.

We are also fortunate and indeed thankful that the government of Norway has placed at our disposal the Monitoring team headed by General Trond Furuhovde. Many a sensitive matter, which prudence dictates should be settled not by brute force but by tactful negotiation, has been sorted out with the assistance of this Monitoring Team. We are therefore very appreciative of the service rendered by the Monitoring Team and their local counterparts. They certainly have helped the Forces to implement the Ceasefire Agreement.

In this context, we should understand that the LTTE is also an organization consisting of diverse sections and a large number of cadres just as in the case of any other organization. There is bound to be difference of opinion and miscreants who are difficult to control. Therefore every act which constitutes a violation of the Ceasefire Agreement should be looked at separately, to determine whether such acts constitutes an implementation of an undeclared policy or a hidden agenda of the LTTE itself or committed at the whims and fancies of individuals or miscreants. The danger to the continuance of the ceasefire agreement, is in my opinion, are the violations which are directly attributable to the hierarchy or the leadership of the LTTE.

Mr. Speaker, much debate has gone on regarding the existence of structural institutions such as Police Stations and Court houses said to have been established and functioning in the North and East. This is certainly not a new phenomenon but I believe what is happening is that these 'ad hoc' bodies are now getting more and more sophisticated and institutionalized. This phenomena, I believe, should be examined from a historical point of view to be better appreciated and understood.

If we go back to the early nineties, it cannot be denied that such institutions, may be in a more primitive form, did exist sparsely distributed in the North and Eastern regions. Not only was there in existence, such institutions as Police stations and Court Houses, but there was widespread criminal, unlawful and other activity not sanctioned by our laws, committed by the LTTE in much of these areas.

Our efforts to contain these unlawful activities were only partially successful. When such activity was intermittent and few in number commencing in the late 1970s, we used only the police to contain it. As these illegal activities increased and became more aggressive we had to use our Armed Forces also. Later on, through the Indo-Lanka Agreement, we brought in the IPKF also and by this time the situation had developed into a full blown war. What were we seeking to achieve through the use of Armed Forces, IPKF and this intense fighting leading to a war scenario? Were we not attempting to enforce our writ to its fullest in the North & East? In the areas in which we succeeded in gaining full control and establishing our writ, we were able to make sure that law and order prevailed and there was no LTTE activity. As we gained full control, and our writ was established, had there been any form of LTTE institutions whether it be unconventional police stations or Kangaroo courts, these establishments were wiped out. So was the other unlawful and unconstitutional activity of the LTTE. We did this by using force. Not by preaching to them or negotiating with them. But we cannot deny the fact that everywhere and everything was under our fullest control.

In this way by 1994 almost the entirety of the Eastern Province was cleared and completely under the control of the government. During the presidency of D.B. Wijetunga under the premiership of the present Prime Minister almost the entirety of the eastern province was under our control. The Court Houses and Police stations and other institutions manned by LTTE in those areas no longer functioned. They were wiped out by our Armed forces. Likewise by 1996, our forces cleared the Jaffna peninsula and with this the LTTE establishments, which were functioning in the peninsula, also disappeared. But such establishments and activity did continue in some areas in the North and East.

How did we achieve and manage to get rid of the LTTE establishments functioning in the East in 1994 and in the peninsula in 1996? It was by use of force through the Armed Forces -that is by waging war. Had we continued in the same unabated, that may have been one method by which we may have been able to rid the entire North and the East of such LTTE establishments and other LTTE activity not warranted by law and the whole of the North and East under our fullest control. Of course this would have cost thousands of lives and drained our economy to near bankruptcy.

Different areas in the north and the east were cleared of such activities from time to time by using our armed forces - by war! But the truth is that we were never able to clear, the entire north and east. In those areas we cleared and was under our control we got rid of all the LTTE establishments, but not so in other areas, such as the situation when we declared the cease-fire.

Why was the cease-fire declared? Was it not to solve the problem by negotiation instead of by the use of armed force? And isn't the existence of such LTTE establishments and the unconstitutional and illegal activity carried on by them in these areas, part of the problem? Instead of attempting to solve the problem by force did we not opt to solve this problem by negotiations? Are we to pretend not to know that there were certain areas in the North and East that our forces could not penetrate and that in those areas the LTTE was doing what they pleased and how they pleased in total disregard of the laws of our country? It was to find a solution to this problem that we embarked on negotiations.

So I say, have patience. There are problems and these are the problems that we must sort out through the talks. The peace talks are progressing positively. With each round we are getting closer to a permanent solution. But I must say this categorically. These LTTE establishments wherever they are located, are unconstitutional and illegal. In areas under the control of our armed forces, we will not allow any such establishment to function or any illegal activity to be conducted. We have demonstrated this when our STF camp at Kanchanakuda was attacked and when there was a newspaper report that there was a Court House opened in the Batticoloa district in an area controlled by the Armed Forces. We sent the police and the forces to investigate and dismantle it and the report proved to be false.

As to activity in the other areas, outside the control of the Armed Forces, we are bound by the cease-fire agreement not to use force to stop such activity. This we have to solve through the peace process by negotiating.

Whilst the peace process is proceeding, we have taken steps to reorganize our armed forces. To train and equip them more functionally. A Defense Review Committee is functioning. Their mandate is to review the entire working of the armed forces. The committee is working through subcommittees and they are furnishing interim reports from time to time. The government is mindful of the need to have an efficient and well equipped Armed Force whether the peace process succeeds or fails. As I have persistently maintained, the ceasefire does not mean that we close shop and drop our guard. I believe we should be more vigilant than before. We will observe the ceasefire but do everything in our power to work towards maintaining an efficient armed force. We will train them and equip them to achieve greater efficiency.


We have strengthened our Intelligence services shifting the focus from political espionage to gathering intelligence of security related matters. We have consulted experts from several countries and will shortly bring legislation to implement these recommendations and establish an apolitical professional intelligence service.

We are also examining our procurement requirements. I do not wish to spell out the details but our intention is to modernize and professionalise our forces.

Finally Mr. Speaker, I wish to thank the Secretary, the Additional secretaries and the staff of my ministry, the three service commanders and the Heads of other institutions within my Ministry for their co-operation and invaluable advice rendered to me personally and their dedication to further the objectives of my ministry.


SLFP: Is it a separate state by a friendlier name?
The following is a statement issued by the Sri Lanka Freedom Party in response to deal on federal solution that was announced after the third round of peace talks in Oslo between the government and the LTTE

According to the statement of the Norwegian Government issued on 5th December 2002, "the parties agreed to explore a solution founded on the principle of self-determination in areas of historical habitation of the Tamil-speaking people, based on a federal structure within a united Sri Lanka.

In his Martyr's day speech of 27th November 2002, which ended with the words "The thirst of the Tigers is the Homeland of the Tamil Eelam", Mr Prabakaran referred to a number of concepts such as the "basic political right that the people are allowed to determine their own political status and their social and economic way of life according to their aspirations".

He went on to say; " We stand firm in the attachment to the right to self-determination. The Tamil homeland, the Tamil nation, the rights of the Tamils to self-determination - these are the fundamentals of our objectives. We have been insisting on these issues from Thimpu to Thailand. These are basic factors on which the ethnic dispute of the Tamil people should be approached and solved."

He also said; "Our people form a national ethnic group with a separate homeland of their own. As they possess their own identical ethnic feelings among themselves, they have a national identity of their own. As a separate community of people, our people have the right to self-determination. Self-determination has two aspects - an inner aspect and an outer aspect. The inner aspect prescribes the right to regional autonomy of the people."

Later he said, "The Tamil people aspire to live in the traditional homeland where they have been living without interference from outsiders."

Mr. Prabakaran also said: "They wish to rule themselves in their own homeland with autonomy. This is the political aspiration of our people. The real dimension of the meaning of self determination is contained in this aspiration. Based on the concept of internal self determination, if a solution with a guarantee of complete self-rule so that we would rule ourselves, is put forward, we could consider it favourably.

Then Mr. Prabakaran added, "but if the right to internal self-determination is denied to our people and regional autonomy is not guaranteed we have no alternative but to secede and form our own rule." Therein lies the threat. Mr.. Prabhakaran also said: "The Sinhala people should not be an obstacle to the Tamil people in achieving their aspirations of living in their own land under their own rule."

A number of questions arise from the sentiments expressed in Mr. Prabhakaran's speech and the Oslo statement. These questions have to be asked, and the people are entitled to receive answers from the UNF government and the LTTE.

What does "Political Status " mean ? What indeed does "Self Determination mean? What is "Complete Self rule ?" We have to ask, who are these 'outsiders" that Mr. Prabhakaran referred to - are they the Sinhala and Muslim people who have lived in the North and East from time immemorial; are they the residents of the other parts of Sri Lanka who are being told not to interfere in the Tamil homeland? Is the homeland to be exclusive preserve for some, not open to all the people of Sri Lanka?

We would like to remind the Prime Minister of his recent public statement when he said that there is no such concept as a homeland in Sri Lanka; that all 25000 square miles of territory that comprise Sri Lanka are the homeland of all who live in the country. However, Mr. Prabhakaran's speech is replete with emphatic reference to the "homeland". The speech ends with the slogan; 'The thirst of the Tigers is the Homeland of Tamil Eelam". In his London Arena speech of 30th November, 2002, Mr. Balasingham also made ample reference to the homeland; But in the Oslo statement we find the words self-determination, "In areas of historical habitation of the Tamil -speaking peoples". These words were taken from the Indo Sri Lanka Agreement of July 1987. Is there a difference between 'areas of historical habitation' and the 'homeland'? It is well known that the government of India will not accommodate the concept of a homeland. How, and why, did this change in language occur between Mr. Prabhakaran's speech of 27th November, 2002 and the Oslo statement of 5th December 2002? Where do we stand on this question? Is the LTTE asking for a homeland or not? The people are entitled to know.

Then again if the objectives of the LTTE have not changed from Thimpu to Thailand - and it is well known that these objectives were a separate "Tamil Eelam" - what has changed at Oslo? The same words are used, the objectives are the same - then what has changed; is it the means of gaining those objectives? As Mr Balasingham said in his speech at the London Arena in early December last year the Tigers will retake the Peninsula either by war or by negotiation - and retake for what purpose - to share it with the other people of Sri Lanka or to keep it for themselves?

There are so many words and concepts being talked about these days. The people are confused. It seems that the UNF Government and the LTTE are about to embark on an exploration. Does the UNF Government know where it is going? Does it know the destination? And when we reach the destination what will we find - a so-called federal state with a standing Army, a standing Navy, a permanent administration, an independent judicial system, a tax structure a banking system - what would this mean other than a separate State by a friendlier name.

The UNF Government must now explain to the people what all these terms and concepts mean. What kind of "Federalism" is being talked about? The Oslo statement also refers to, but does not explain, "power sharing between the centre and the region - as well as within the centre', 'geographical region' what is the region , the North and East combined into one unit? What about the rights of Muslims and Sinhala people who live in that region? 'Human rights". Will the LTTE accept the Fundamental Rights jurisdiction of the supreme Court of Sri Lanka, or will they have their own Supreme Court and Chief Justice? will they dismantle their presently installed judicial system?

There are many, many necessary questions to be raised and answered concerning the direction of the peace process. Only a few weeks ago in this House the chief negotiator of the UNF government dismissed any possibility of Opposition participation in decision making regarding the peace process. We were informed that a solution would be brought to the house and a 2/3rds majority sought ; only then will the opposition have a chance of participating in the final solution.

Thus, the Peoples' Alliance is pleased to note from the Oslo statement that wisdom has finally dawned on the two negotiating parties. In the concluding paragraph it is said : 'The Government will, in order to arrive at the broadest possible consensus, establish an appropriate mechanism for consultation with all segments of opinion as part of the ongoing peace process." This is what President Kumaratunga and the Peoples' Alliance have been saying and doing for eight years. The Oslo statement also says that ' the solution has to be acceptable to all communities' This too is what President Kumaratunga and the Peoples' Alliance have been saying all along.

In conclusion, the Peoples' Alliance will certainly support all genuine endeavours to find a solution to the ethnic question that satisfies the aspirations of all communities in Sri Lanka. But it will not accept a proposed solution that does not take fully into account fundamental matters concerning the territorial integrity, unity and sovereignty of Sri Lanka. It calls upon the Government to insist that talks regarding the decommissioning of arms by the LTTE commence and proceed in parallel with other negotiations and not be delayed until after a final agreement is signed. The examples of Northern Ireland and El Salvador should be heeded.

We commend for the consideration of the Parliament and the people of Sri Lanka the concept of devolution of power to the regions presented by President Kumaratunga to the people of Sri Lanka in the draft Constitutional proposals of October 1997 and August 2000. These proposals set out clear solutions, acceptable to all communities, for the resolution of the core issues of the ethnic question. These drafts were formulated after thorough discussions and agreement with all Parliamentary representatives of the Tamil Muslim and Sinhala peoples. Only the UNP withheld approval. The confusion that seems to reign at present regarding the possible political and constitutional alternatives to Ealam may be cleared if these proposals are closely studied.

It is the duty of the Opposition - a duty owed to the people - to ask questions and demand answers. After these answer are known and analysed we will advise the people as to the correct course of action to be taken to safeguard the destiny of our country.


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