ISGA - an alternative view
By Muttukrishna Sarvananthan
The Liberation Tigers of Tamil Eelam (LTTE) has submitted a proposal to set up an Interim Self Governing Authority (ISGA) for the North and East (N&E) Province of Sir Lanka. This is the first time the LTTE has come out with its own proposals for the resolution of the ethnic conflict in Sri Lanka. The ISGA proposal is an astutely crafted document that deserves note.

The LTTE's proposition for a secular ISGA is laudable. These proposals go beyond an ‘interim’ administrative mechanism. They provide a basis for negotiating a solution to the ethnic conflict in Sri Lanka. The executive powers sought by the proposed ISGA can be vested only in the representatives of the people of the N&E Province. This review is written in the interest of the welfare of the people, especially Tamil-speaking, of the N&E Province.

Points of note
There are at least three significant omissions in the ISGA proposal. The LTTE appears to have moved (at least on paper) from their claim to be the ‘sole’ representatives, to ‘authentic’ representatives of Tamils.

A critical omission is that nowhere is the term democracy used in the document. Though in Clause 3 it is mentioned that at the end of five years after the establishment of the ISGA free and fair elections will be held "in accordance with international democratic principles and standards under international observation", it is not convincing enough.

An "Independent Election Commission appointed by the ISGA" would hold these elections, which cannot be democratic because the un-elected LTTE representatives would control the ISGA. There is no guarantee that elections will be held after five years, because Clause 23 says that "This agreement shall continue until a new government of the North East, pursuant to a permanent negotiated settlement, is established. Provided, however, that at the end of four years if no final agreement has been reached between the parties to this agreement, both parties shall engage in negotiations in good faith for the purpose of adding, clarifying, and strengthening the terms of this agreement".

Thus, Clause 23 gives a loophole for the LTTE to drag on the peace negotiations towards a permanent settlement beyond four years and seek extension/s and/or amendment/s to the present proposal rather than face an election.

The third omission is the term reconciliation from the ISGA document. If the ethnic conflict in Sri Lanka is to be resolved by a federal system of governance then reconciliation between different ethnic communities is central. The ISGA document mentions Resettlement, Rehabilitation, Reconstruction and Development (RRRD). The exclusion of reconciliation in the proposal casts doubt on the professed objectives of the ISGA.

To be trusted?
The LTTE cannot be trusted on its words, rather it should be judged by its deeds. Although the ISGA proposal affirms the commitment to uphold "international human rights law" and to make financial resources entrusted to the ISGA conform to "internationally accepted accounting and auditing standards" there is no guarantee that these will be followed in practice given the LTTE's past record.

The following are some examples of the LTTE's callous disregard for its own undertakings and commitments, and for international norms and values during the last two years of peace time.

* Although the LTTE made an explicit commitment (not to recruit children under the age of 18) to the UN Special Representative for Children in Armed Conflict in 1998 it continued to recruit children. In 2002, the LTTE reiterated its commitment not to recruit children to the Director General of UNICEF and agreed to release children under their custody. In accordance with an agreement with the UNICEF, the LTTE released a first batch of 49 children to a transit and rehabilitation centre in Kilinochchi in October 2003. The next day they abducted around 25 children in the town of Valachchenai.

* The LTTE has failed to abide by the ruling of the Sri Lanka Monitoring Mission (SLMM) on the issue of a newly constructed camp in the Trincomalee district. The ruling is six months overdue. The LTTE sometimes refuses the SLMM access to its territory, which goes against the MoU.

* The LTTE has still not adhered to the commitment made in the MoU with the GOSL in 2002 on ‘free’ movement of people through the A9 highway, because of the continued requirement to obtain a travel pass and the imposition of arbitrary and illegal taxes on the people and goods passing through.

* There is evidence of the LTTE pilfering relief goods destined for the returning IDPs. How can such an organization be entrusted with the task of maintenance of law and order and establishment of an independent judiciary?

When the LTTE has not bothered to fulfil its commitments in the past two years of de facto administration in the N&E, how can we expect it to fulfil commitments made in the proposed ISGA? Even without any legal status and power if it is able to act with impunity how can it change under a set up with such executive powers?

Impartiality
If the proposed ISGA fails to uphold the guaranteed rights and commitments, the people or the GOSL have no recourse to justice at the level of the Central Government. Although the proposal suggests establishment of an "independent" Human Rights Commission in the N&E (Clause 4) and setting up of a Tribunal to solve disputes between the parties to the agreement (Clause 22), they are inadequate to protect the rights of the people of the N&E.

How can the proposed Human Rights Commission be independent when it is expected to be appointed by an unelected ISGA? How can the proposed Tribunal be impartial when it is going to be represented by the unelected LTTE and the GOSL in equal number? Moreover, what is alarming is that; "In the determination of any dispute the arbitrators shall ensure the parity of status of the LTTE and the GOSL and shall resolve disputes by reference only to the provisions of this agreement.

The decision of the arbitrators shall be final and conclusive and it shall be binding on the Parties to the dispute." Under any federal administration there should be recourse to justice at the Central Government level if a dispute between a citizen and the regional government or between the regional and central governments cannot be resolved at regional level.

The LTTE's demand for an independent judiciary for the N&E and sole jurisdiction over maintenance of law and order under the ISGA would be unacceptable for the people of the N&E. These would effectively lead to a "sole" or "authentic" dictatorship of the LTTE.

Under any federal system judicial power and maintenance of law and order have to be devolved to the regions. But such regional judicial service and police service have to be constituted by elected legislature on the basis of competence.

The LTTE is asking for the recognition and legitimisation of its de facto judicial and police services which is unacceptable for several reasons. The judicial and police services of the LTTE are recruited by an unelected organization and the overwhelming selection criterion is the loyalty to the LTTE and its leader. Such an overtly partisan judiciary and police service cannot be impartial. No person in the N&E would accept a judicial service and a police force composed of school dropouts.

Divided
The ISGA proposal has disregarded the concerns and welfare of the largest minority community in the N&E, the Muslims. In this respect the reviewer suggests the following broad contours for discussion to resolve the national question in Sri Lanka.
Sri Lanka could be delineated into five nations as follows:

1. Tamil Nation - comprising 7 districts of the present N&E Province, could be named Tamil Eelam in order to satisfy the "thirst of the Tigers".

2. Muslim Nation - contiguous areas of concentration of the Muslim community in the Ampara district and adjoining areas of the Batticaloa district could form this nation.

3. Hill Country Tamil Nation - contiguous areas inhabited by the hill country Tamils could form this nation.

4. Buddhist Nation - sacred areas around Kandy and Anuradhapura could form this nation in order to satisfy the Buddhist clergy. This is the only part of the country that should have a state religion, Buddhism. The rest of the country should be secular.

5. Sinhala Nation - the areas other than the aforementioned could form this Nation.
Sri Lanka could become an amalgamation of five nations, which should adhere to a uniform democratic model based on pluralism, secularism (barring the Buddhist nation), equal opportunities (gender/caste/ religion/language/class) and human rights.

These five nations should be given autonomy except for external security, currency and foreign policy. The proposed five nations should be able to attract foreign aid and investment and engage in international trade directly. An appropriate mechanism of fiscal federalism should be created. Moreover, they should be granted the inalienable right to self-determination including secession only if at least two-thirds of the population within a particular nation consent at a referendum to do so and at least three of the five nations approve such secession.

The Central Government should not be given the power to dismiss any regional government unless any one of the latter abrogates the uniform democratic model agreed on. Even in such a scenario the Central Government may dismiss a regional government only if at least three of the five nations agree to it. The contents of the LTTE's proposal for an ISGA could form the basis for further discussion on the specific powers to be devolved to the regions.

Track records
Thanks to the generosity of the LTTE’s "development partners" such as UNICEF, World Bank, ADB & EU and the pillaging of the Tamil and Muslim population on the pretext of taxation, the LTTE has unambiguously become the richest institution in the N&E Province. The fleet of brand new two-wheel and four-wheel vehicles in the hands of the LTTE during peacetime could become the envy of dictators around the world.
The LTTE carries on with abductions, murders, and robberies with impunity even during peace time. Is this the type of organization that is likely to subject itself to "internationally accepted accounting and auditing standards" and to the "principles of the rule of law"? In order to prove its bona fides why doesn’t the LTTE subject its revenue and expenditure incurred in the past two years to audit by an internationally renowned accounting and auditing firm?

Even in the absence of an ISGA the LTTE has taken effective control of public and private institutions in the N&E Province in the past two years of peace time. The LTTE trespasses on all walks of life by way of taxation. For instance, the Jaffna University (and to a lesser extent the Eastern University) is controlled by the LTTE through its proxies among students and academic staff.

The Tamil print media is another institution under the control of the LTTE. Not only the regional Tamil newspapers but also the national Tamil newspapers have been coerced and/or bribed to become the LTTE's propaganda organs. For example, news reporters and journalists of a regional Tamil newspaper have been provided motorcycles by the LTTE to propagate its news and views. Almost all Tamil newspapers (both national and regional) have shunned alternative news and views.

Legitimacy
The LTTE seems to demand executive powers and jurisdiction in line with the Palestinian Authority. However, what the LTTE fails to understand is that the Palestinian Authority is a duly elected body of the people of Palestine. The Palestinian people freely elected President Yasser Arafat and the legislature. Therefore, if the LTTE wants to enjoy the powers it seeks through the proposed ISGA then it should face an election or at least a referendum in the N&E in order to legitimise its claim to be the authentic representatives of the Tamil people.

A careful reading of the ISGA proposals by the LTTE reveals that their own interests have taken precedence over the interests of the Tamil community. What the proposed ISGA envisages is monopoly of power to the LTTE and not devolution of power to the people (particularly Tamils) of the N&E. Several actions of the LTTE confirm this.
Forcible prevention of the reopening of the Jaffna Public Library in February 2003 by the LTTE is one. Forcible cancellation of the National Sports Festival to have taken place in Jaffna in October 2003 is another. The LTTE's opposition to the relocation of the Sri Lanka Army camp at Ganams and Subhas hotels to the edge of Jaffna city is the third example.

The business community of Jaffna city has been demanding the closure of the SLA camp in the heart of the city in order to boost business resurgence. Though the SLA agreed to relocate this camp to the edge of the city the LTTE insisted on total withdrawal and thereby prevented normalcy being restored to the heart of the Jaffna city. Reconciliation and restoration of normalcy in the N&E are anathema to the LTTE because those will deplete its propaganda arsenal.

In the ISGA proposals the LTTE has sought compensation from the GOSL for forcible occupation of private lands by the armed forces in the high security zones and elsewhere. This is a justifiable demand. However, will the LTTE compensate the Muslim people who were expelled from their habitats in the Northern Province and belongings removed by the LTTE?

After the LTTE forced the people of Jaffna to evacuate the peninsula in late-1995 they ransacked the deserted houses. Not only furniture and consumer durables but also windows, doors and roof tiles were removed and taken away by the LTTE to the Vanni jungles. Will the LTTE also compensate the private owners of dwellings whose possession they removed? During the forcible evacuation of the Jaffna city in late-1995 the LTTE also removed chemicals, computers and valuable books from the library of the University of Jaffna.

This pillage of the belongings of the University of Jaffna by the LTTE was analogous to the burning of the Jaffna Public Library in 1981 by state-sponsored hooligans and armed forces. Will the LTTE pay compensation to the University of Jaffna? Whilst demanding "parity of status" with the GOSL (Clause 22) will the LTTE apply the same parity of status as regards payment of compensation for past misdeeds during the time of war?

Judgement day
The LTTE should and will be judged by its deeds than by its words whether by the Tamil community or the rest of Sri Lankans or the international community. Therefore, it is high time the LTTE transforms itself into a genuine democratic political organisation and subjects itself to public scrutiny by way of referendum or election. Only then will it have legal and moral recognition.

Certainly the ISGA proposals are worthy of consideration for a lasting durable solution to the ethnic conflict in Sri Lanka. However, the devolution of powers sought in the ISGA proposal can only be granted to elected representatives of the people of North&East, whether in the interim or in the long-term.

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