Situation Report

LTTE renegade eastern leader Vinayagamoorthy Muralitharan alias Karuna's Thamileela Makkal Viduthalai Pulikal (Tamil Eelam People's Liberation Tigers) newspaper Alai (Waves) in its latest latest issue carries photographs of cadres with arms undergoing training. BELOW The questionnaire issued by the LTTE to civilians in areas they dominate. They have been called upon to provide all personal data to qualify for a so called National Identity Cards. These cards are being issued to prevent outsiders from moving around in guerrilla dominated areas.

Document bares Tiger claws in key places
Eleven days after the Geneva accord between the Government and the Liberation Tigers of Tamil Eelam (LTTE), the focus turns again to the one time battle areas in the North and East.

This is in the backdrop of varied responses to last month's Geneva talks. Protagonists felt it was indeed a significant breakthrough for President Mahinda Rajapaksa's Government. He has succeeded, with the help of Norwegian peace facilitators, in resuming a dialogue with the LTTE after it broke down two years and ten months ago. There is no question this has averted an immediate outbreak of war. They have agreed to meet in Geneva again on April 19, 20 and 21.

Sceptics feel all this is nothing more than silly semantics. Critics claim it is a failure. They say more has been conceded to the LTTE than the gains made. The United National Party (UNP), which forged the Ceasefire Agreement (CFA) with the LTTE, says it is vindicated. At long last, the United People's Freedom Alliance (UPFA) had endorsed its actions and vowed to uphold the CFA, they said. This is in marked contrast to last November's presidential elections where Mahinda Rajapaksa vowed to amend the CFA.

Has such an amendment taken place? So argues eminent counsel H.L. de Silva, a member of the Sri Lanka delegation. He told a news conference early this week the decisions taken at Geneva over the CFA constituted amendments. That has now become not only a bone of contention but also cast serious doubts over the next round of talks in April. The LTTE has lodged a strong protest with Norway and has demanded an official Government statement on whether Mr. de Silva's remarks constituted official policy.

If it is, the LTTE argues, no purpose would be served in sitting down for any further talks. This is on the grounds that the Government was giving its own interpretation to decisions made soon after talks conclude. How Colombo will respond to the latest issue remains a crucial question.
But Norway's eight paragraph statement at the end of the Geneva talks clearly sets out some hard realities. Both sides, the Government and the LTTE have declared they are "committed to respecting and upholding" the CFA. They have "reconfirmed their commitment to fully co-operate with and respect the rulings of the Sri Lanka Monitoring Mission (SLMM)."

On their part the LTTE has said they are "committed to taking all necessary measures to ensure that there will be no acts of violence against the security forces and police." In return, the Government has declared it is "committed to taking all necessary measures in accordance with the CFA to ensure that no armed group or person other than the Government security forces will carry arms or conduct armed operations."
How these realities will play on the ground in the coming weeks will determine the fate and course of events for the next round of talks in Geneva. As for the Government, President Rajapaksa on Thursday chaired a meeting of the National Security Council. Attention was focused on the outcome of the Geneva talks and follow-up action.

President Rajapaksa has also studied a set of documents handed over to the Sri Lanka delegation by the LTTE. He has asked officials to study their contents to ascertain the veracity of the claims and determine whether any remedial action is required. The documents relate to paramilitary groups, violence against civilians, families affected by High Security Zones (HSZ) and Restrictions on Fishing Activities. In addition the armed forces and the police are now expected to step up their search operations in the city and other areas to round up persons or groups possessing unauthorised weapons.

The Government's position in this regard has been strengthened by the Geneva declaration that empowers the armed forces and police even to crack down on LTTE hide outs in the city and other areas where weapons are kept or armed groups are planning operations.

Of particular significance is a 37 page chapter dealing with "Sri Lankan Armed Forces and Paramilitaries." If some of the contents of this detailed document are found to be correct, they pose a serious problem for the country's fledgling defence establishment. It highlights the degree to which the LTTE has had access to information about the workings of the intelligence services. Worse still, it also bares the degree to which Tiger guerrilla intelligence services have infiltrated institutions in the South.

Not surprising when one sees the vast amount of money that is being spent by the LTTE on persons in the south to obtain information. One case now under investigation by the Criminal Investigation Department (CID) has confirmed that a youth in the south received two million rupees as just advance payment for information to plot the murder of an officer in the Army's Directorate of Military Intelligence (DMI). He visited Kilinochchi on a few occasions in the course of helping out. His tasks included passing information on the conduct and movements of the officer concerned.

The LTTE document claims there are five paramilitary units - Karuna Group, EPDP Group, PLOTE Group, EPRLF Group and Jehad Group. It has listed the names of operatives of all these groups, given the mobile phone numbers of their leaders and named officers in the Army's Directorate of Military Intelligence who are their handlers. Maps of some of the camps reportedly operated by the five groups have been given. Details of those conducting operations for paramilitary groups, the attacks they have carried out and unit leaders with whom they work are also listed.

In respect of the Karuna group, the document has also listed the current accounts in two Colombo based private commercial banks belonging to two Tamil businessmen. The LTTE alleges that Tamils including wealthy businessmen have been forced to deposit funds to this account.
With regard to the existence of camps belonging to the Karuna faction, the document quotes a Sunday newspaper account where an Army Brigadier had conceded to villagers in the East of their existence. There is also a reference to The Sunday Times (Situation Report) of December 25 2005.

The Sunday Times report revealed how two of the highest ranking officers in the country's security establishment carried out a top secret operation in March, last year, to probe a matter of serious concern to Tiger guerrillas - attacks on them by renegade Karuna group purportedly in collusion with the Sri Lanka Army. The report revealed that Chief of Defence Staff (and former Commander of the Navy) Vice Admiral Daya Sandagiri and former Army Commander, Lt. Gen. Shantha Kottegoda (now Sri Lanka's Ambassador to Brazil) were acting on a report in the Sunday newspaper. Their joint initiatives confirmed the existence of a camp operated by the Karuna group in Thivuchenai in the Polonnaruwa district. The Sri Lanka Monitoring Mission (SLMM) lodged protests with the Government in this regard.

Another 73 page report from the LTTE deals with "Violence against civilians by Sri Lankan Armed Forces since the new Sri Lankan President took office on 19 November 2005." It lists the incidents where civilians have died allegedly as a result of armed forces assaults and gives details including locations where they occurred.

In the case of the LTTE, one of the immediate outcomes of the Geneva talks is the preparations now under way to re-open their offices in Government-controlled areas. Tiger guerrilla cadres have already moved into some of these offices in the North and East, soon after the Geneva declaration, to clean up premises. Some of the walls in offices in the east were being colour-washed.

This is even before the LTTE delegation from the Wanni for the Geneva talks returned to Sri Lanka. A 14 member team led by their political wing leader, S.P. Thamilselvan is due in Colombo on Tuesday. The Government has granted approval for seven of them to be ferried to Kilinochchi by a Sri Lanka Air Force helicopter. The rest led by Seevaratnam Prabagaran (Pulithevan), head of the LTTE Peace Secretariat are to travel by road.
It is not only the LTTE that is planning to re-open its political offices in controlled areas. Their renegade eastern leader, Vinayagamoorthy Muralitharan alias Karuna's new political front, Tamileela Makkal Viduthalai Pulikal (Tamil Eelam People's Liberation Tigers or TMVP) has also become active. Though without a name board, not far off from a military installation, an office located in the upper floor of a co-operative society building in Batticaloa has become active. Karuna cadres are busy operating it during daylight hours.

Yesterday, the LTTE accused cadres of the Karuna faction of killing two and abducting one more of its sentries at a checkpoint near Vavunativu in the Batticaloa district. The news came in a radio intercept. The incident is reported to have taken place in a Tiger guerrilla dominated area. However, the Karuna faction claimed they had killed three Tiger guerrilla cadres after they tried to secure the release of their men who were abducted. The incident at 3 a.m. yesterday fuelled fears of heightened Tiger guerrilla retaliatory attacks on the Karuna faction. Security sources say that the LTTE's pledge in the Geneva declaration was to ensure "no acts of violence against the security forces and the police." Therefore, they point out, it would not preclude the guerrillas from attacking rival cadres as long as they are not within Government controlled areas.

The TMVP has also stepped up their propaganda campaign in the east against the LTTE. A recent issue of their Tamil newspaper, Alai (Waves) published colour photographs of Karuna cadres reportedly undergoing military training somewhere in the East. Senior Army officials in the Batticaloa district said such training was not being carried out in areas controlled by them. An article in the same newspaper claimed the main reason for the LTTE deciding to take part in the Geneva talks was because they were not strong enough to face a war. It was because Karuna had broken away.

But far more significant developments were taking place in guerrilla controlled North and East to further consolidate what an intelligence source said was a "state in waiting." The LTTE has begun issuing what it calls "national identity cards" to civilians living in areas dominated by them. The project has already begun in the Pallai sector from March 1 and will continue until today. Helped by LTTE "Grama Sevakas," LTTE cameraman are photographing civilians who are to be soon issued with these cards. The move is to ensure no one without an ID moves around in guerrilla dominated areas. A lengthy questionnaire (See montage on this page) seeking personal particulars has been given to civilians to be completed.
Another important move, security sources say, is stepped up activity by guerrilla intelligence cadres in the city and hill country areas.

This is whilst recruitment of cadres to the LTTE in the North and East has increased. Tamil civilian officials serving in Government controlled areas near the two provinces have now been asked to come to Wanni to undergo weapons training. A new coastal protection unit comprising civilians has also been set up. Their task is to protect coastal areas and help the Sea Tigers.

At the Geneva talks last month, LTTE chief negotiator Anton Balasingham said there were two controlled areas in Sri Lanka, one by the Government and another in the North-East by the LTTE. "We have an administrative structure, civil structure and function as a de-facto Government. In Government controlled areas, the Government is responsible for law and order and the required instruments to run their areas. Whenever there is violence in our area, we are responsible," he said.

He said "we are a de facto government. We are an unrecognised state. If the Government does not listen to our voice, heed the aspirations of the Tamil community, we will soon be a de facto state." What Mr. Balasingham said in Geneva, no doubt, is taking shape in guerrilla controlled areas. A great responsibility lies in the country's defence and security establishment. How much of the reality is appreciated and how much of a response has been formulated in the light of this remains a critical question. A hands off approach can only cause more problems for President Rajapaksa's Government.

Tough talk wins the day
Sri Lanka delegation's tough line over Tiger guerrilla child recruitment prompted the chief negotiator of the Liberation Tigers of Tamil Eelam (LTTE) to pledge at the Geneva talks that they would stop conscription of underage children.

That was how Mr. Balasingham persuaded the Norwegian peace facilitators to end the discussion on the subject and take on other issues. "Mr. Solheim, please get on to other issues of importance as we are running out of time," he said.

But the chief LTTE negotiator was quick to say his organisation does not accept the authority of the Government of Sri Lanka in their areas. "Please note my words since you talk about the authority of the Government. We are a rebel group and you have no authority to make such demands," he said. "We care for our children and look after them because they are children. Government has unleashed a war against them. We cannot give you any guarantee. We will work with UNICEF," he added.

That was his answer to Sri Lanka delegation leader Nimal Siripala de Silva's assertion that conscription of children as soldiers was against international law. He said the Government of Sri Lanka held the view that the recommendations of the UNICEF report on child recruitment should be adhered to.

Both Mr. Balasingham and LTTE Political Wing leader, S.P. Thamilselvan blamed their renegade eastern leader Vinayagamoorthy Muralitharan alias Karuna for child recruitment. "It is true that Karuna recruited children and that is why we expelled him," said Mr. Balasingham. "Karuna is a recent phenomenon. Conscription took place when he was with the LTTE," added Mr. Thamilselvan. Their remarks came during the second day of talks on February 23.

Before the LTTE delegation's departure to Geneva, Mr. Thamilselvan met officials of the UNICEF in Kilinochchi on February 12. The subject matter of discussion was child recruitment. As of January 31 this year, UNICEF records showed that the LTTE had recruited 5368 children - 3151 boys and 2217 girls. The total outstanding cases (including re-recruitment) of children have been placed at 1358. Of this number, 573 are reported as children under 18 whilst children recruited under 18, but now 18 or above as 785.

Earlier on during the second day's talks, Mr. Thamilselvan repeatedly invited a Government delegation to visit the Wanni and see for themselves the conditions available for children. He then explained that during four years of ceasefire, children who have lost their parents have been given shelter and sustenance in 25 different centres. They were victims of bombings and other acts that had rendered them destitute.

He said hundreds of children sought refuge with the LTTE. It was incumbent on the organisation to provide them shelter and vocational training. Four separate task forces had been set up to assess the role of children and they were working closely with the UNICEF.

Minister de Silva was to seize the opportunity to say the genuineness of the LTTE on this matter could not be accepted. "When our policemen went looking for paedophiles, you arrested them and detained them. If you are so concerned the answer is not to jail our policemen. You should co-operate with us," he added.

Gomin Dayasiri, attorney-at-law, who was part of the support staff to the delegation pointed out that the Ceasefire Agreement dealt with child recruitment. He referred to article 1.2 of the agreement. This provision states: "Neither party shall engage in any offensive military operation. This requires the total cessation of all military action and includes, 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;
( c) Offensive naval operations.

Mr. Dayasiri said this provision speaks of abductions and brings in the concept of a child soldier. He said recruitment is not feasible and cited reference to article 2.1 of the CFA. This article states, "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."

Mr. Balasingham then raised objections that a resource person cannot speak for a long time. This was upheld by the Norwegian facilitators.

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