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              Ground realities rock fragile truceSeptember 16 marked the first 
              anniversary of the peace talks between the Government and the Liberation 
              Tigers of Tamil Eelam (LTTE) - a historic milestone made possible 
              by the Ceasefire Agreement of February 22, 2002.
  There were 
              the sceptics who claimed the cease-fire would not last beyond a 
              few months. But it has held for 19 months. This in itself is the 
              qualitative difference between the earlier attempts at a cease-fire 
              and the current one.  This is the 
              longest surviving cease-fire. If it has come about with foreign 
              facilitators, it has served well to raise the limits of tolerance 
              towards the settlement of the long drawn ethnic conflict.  And that has 
              seen the peace talks survive a year, the longest period in the history 
              of Sri Lanka's ethnic conflict. This underscores the threshold of 
              tolerance, predicated on Sri Lanka remaining united and sovereign. 
              The firm belief is clearly that no settlement should result in the 
              vivisection of the country.  But there are 
              also the others, the discerning, to whom the cease-fire and the 
              year long peace talks, have posed many questions. More are being 
              added to the list as the days pass by.  Five rounds 
              of peace talks have already been held between the Government of 
              Sri Lanka (GOSL) and the LTTE. However, these talks have remained 
              suspended since April this year.  The LTTE sought 
              an Interim Administration with authority to administer work in the 
              North-East. The Government responded by forwarding three different 
              sets of proposals, one after another. The LTTE rejected the first 
              two but agreed to consider the third - the Government's offer of 
              a provisional interim administration sans the police, security, 
              land and revenue.  The guerrillas 
              said that although the proposals do not meet "Tamil aspirations" 
              and contain very little powers, they would consider without rejecting 
              it outright. This has led to the LTTE busying itself to formulate 
              a comprehensive set of proposals - for the first time since the 
              ethnic conflict - for Government's consideration.  Guerrilla leaders 
              are on their way to Ireland. They want to put the finishing touches 
              to their response. That is in the glare of further international 
              attention, if not recognition.The guerrillas have made it unequivocally clear that the future 
              of the Ceasefire Agreement and its survival will depend on the Government's 
              response.
  The LTTE proposals, 
              due later next month, will see the emergence, for the first time 
              of core issues - matters that would have to be resolved if permanent 
              peace is to dawn in Sri Lanka.  Last month, 
              whilst in the Norwegian capital of Oslo, members of the facilitation 
              team told me "the upcoming talks would be the most difficult 
              phase of the negotiating process. We will have to face very tough 
              challenges."  During their 
              visit to Colombo just last week, Deputy Foreign Minister, Vidar 
              Helgesson and Special Envoy, Erik Solheim, The Sunday Times learnt, 
              focused considerable attention on how to "re design" their 
              facilitator role and thus the negotiating process. During their 
              talks with those in the main opposition People's Alliance as well 
              as moderate Tamil political parties, they raised this issue and 
              invited their proposals for this purpose.  It is clear 
              from their assertions and action that they are gearing themselves 
              for the tough times ahead. It would be logical to expect a plethora 
              of new knotty issues. New controversies between the Tamil polity 
              in the North and the Sinhala polity in the south will follow.  The cease-fire 
              has lasted 19 months. The peace talks had, until they were suspended 
              in April, this year, focused on many peripheral issues. With crucial 
              talks on core issues now due, the coming weeks and months will see 
              the Government and the LTTE grapple with new challenges. It will 
              put to test the cease-fire and the truce itself.  It would be 
              unwise to speculate on the events that portend. Whatever may happen, 
              the 19 months of ceasefire, or a year of peace talks, have yielded 
              very little results substantively for a permanent peace. Yet, it 
              has helped prevent violence, seemingly spurred economic activity, 
              given rise to increased tourist arrivals - in short a climate of 
              normalcy has been created.  On the other 
              hand, the Cease-fire Agreement and the resultant period of truce 
              have also led to changing scenarios. Nowhere is its importance felt 
              more than in the sphere of security and defence related issues.  Reflecting 
              on 19 months of ceasefire and a year of peace talks, it is a suitable 
              moment to focus on these security aspects. This is by taking a closer 
              look at the fast changing ground realities since the cease-fire.  When reports 
              relating to these changing realities came to be highlighted in these 
              columns, there was strong criticism from sections of the UNF leadership. 
              They viewed such criticism to be coming from "spoilers" 
              who were all out to wreck the peace process. How valid were these 
              accusations when one looks back at 19 months after the ceasefire.  This longest 
              ceasefire is governed by a set of modalities which both the security 
              forces and the rebels are required to adhere to. Needless to say 
              the primary purpose is to ensure there are no hostilities.  But an equally 
              important aspect has been to ensure the "balance of power" 
              of both the security forces and the guerrillas remain at the level 
              that existed on February 22, 2002. In other words, the agreement 
              seeks to "freeze" the military balance until a negotiated 
              settlement was arrived at.  There have 
              been no large scale hostilities during the ceasefire. However, has 
              the balance of power remained static? Let us examine some of the 
              most salient features of the Ceasefire Agreement and how the ground 
              realities have changed or are changing.  "MILITARY 
              OPERATIONS 1.2 Neither Party shall engage in any offensive military 
              operations. 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.  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."  THE GROUND 
              REALITY: Assassinations and abductions have become a major irritant 
              in the enforcement of the Ceasefire Agreement. Both the Sri Lanka 
              Monitoring Mission (SLMM) and the Norwegian facilitators, have both 
              raised issue with the LTTE over the killings.  A wholly misguided 
              Police raid into an intelligence cell located in a city suburb led 
              to the discovery of weapons and explosives in January, 2002. The 
              Government was made to believe that this was a secret hide out from 
              which ruling United National Front leaders were to be assassinated 
              by a military group. In an unprecedented move the Army Commander, 
              the Director of Military Intelligence and his senior officers were 
              indicted in Courts for storing dangerous weapons and explosives.  The Sunday 
              Times (Situation Report - January 6, 2002) revealed for the first 
              time that the hide-out was in fact a forward operations cell of 
              the Army's Directorate of Military Intelligence from where assassinations 
              of rebel leaders in the East were directed before the ceasefire. 
              The case was withdrawn but the revelations caused outrage in the 
              security establishment.  An angry President 
              Kumaratunga appointed a Commission of Inquiry to probe the matter. 
              It is now in the process of concluding its findings. In retaliatory 
              attacks that have been going on in the 19 month long ceasefire, 
              the guerrillas killed 44, attempted to murder 31 and abducted 17. 
              This included five military intelligence operatives, nine other 
              service personnel and 13 civilian informants. Three soldiers and 
              a civilian escaped death but another soldier, a civilian and three 
              other servicemen were abducted.  Rebels were 
              also accused of killing 17 persons from rival Tamil political parties 
              and abducting nine. At least 26 attacks on them failed or only caused 
              minor injuries.The task of "safeguarding the sovereignty and territorial integrity 
              of Sri Lanka" became a contentious issue for the Navy. The 
              Navy is prohibited by the Ceasefire Agreement from engaging in "offensive 
              military operations against the LTTE."
  In March and 
              June, this year, the Navy sank two LTTE vessels in the deep seas 
              off north east Sri Lanka. The Sri Lanka Navy said they were bringing 
              in military hardware and their gun boats opened fire after they 
              were attacked. Admitting for the first time that they were cargo 
              vessels of the LTTE heading for an Indian port, the rebels denied 
              the charge.  A bizarre twist 
              to the incident came when Government and rebel leaders were talking 
              peace in the Japanese capital of Tokyo. They asked the Scandinavian 
              peace monitors to work out modalities to prevent future clashes 
              at sea.  After consultations 
              with two sides, the SLMM came out with a set of proposals.The Sunday Times (Situation Report May 4, 2003) revealed how monitors 
              asked the Navy to confine their exercises, particularly live firing, 
              to specified areas at sea. The SLMM wanted to carve out separate 
              areas for Sea Tigers, the sea going arm of the rebels, for training 
              and live firing after repeating an earlier call to recognise them 
              as a "de facto naval unit."
  No detections 
              or inspections of Sea Tiger vessels were to be permitted for the 
              Navy in these carved out areas without SLMM monitors. In effect, 
              for the Navy, these areas were to be "no go" zones unless 
              the monitors were with them.  The call to 
              restrict exercises by a sovereign nation's Navy, tasked to protect 
              the country's territorial integrity raised serious questions on 
              whether the SLMM has the mandate to make such a recommendation. 
              Such a call, in accordance with the Constitution and other laws 
              of the land.  It could be 
              made legally only by the President who is Commander-in-Chief, the 
              Minister of Defence, the Commander of the Navy or those in the subordinate 
              command authorised by them.  These proposals, 
              shocking enough, were accompanied by a map clearly marking out areas 
              in the western and eastern territorial waters where Sea Tigers, 
              the SLMM said, should be allowed to conduct exercises and live firing.  The Sunday 
              Times revelations of these sals generated a controversy in the security 
              establishment and among opposition political parties. There were 
              concerns in New Delhi too, for India was seeing signs of the emergence 
              of a third navy in the Palk Straits.  These same 
              proposals have not been pursued since then. But the LTTE is determined 
              to seek formal recognition for its sea going arm, which has expanded 
              both in terms of men and material.  Now to another 
              provision in the Ceasefire Agreement."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, no such right of movement applies 
              and the Parties agree to ensure the maximum possible distance between 
              the 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 it provided in article 1.6".  THE GROUND 
              REALITY: In the north, security forces positions are clearly defined 
              by a bunker line and an obstacle belt with a fence. Accordingly, 
              demarcation of "cleared" (security forces held) and "uncleared" 
              areas have been established keeping the forward defence lines (FDLs) 
              as the guideline.  The security 
              force held areas were declared High Security Zones (HSZ). During 
              the peace talks, the guerrillas have repeatedly demanded the security 
              forces withdrawal from the HSZ to enable refugees to re-settle and 
              for rehabilitation programme to re-commence. Northern Security Force 
              commanders steadfastly refused to pull out expressing fears they 
              would become vulnerable to attack. The concerns they expressed were 
              revealed for the first time by The Sunday Times.  With the concurrence 
              of the Government and the LTTE, the help of a retired Indian Army 
              officer was sought. Lt. Gen. Satish Nambiar, who has experience 
              in battles and peace keeping operations declared that if these zones 
              are dismantled without securing "reasonably foolproof assurances," 
              the shortcomings of deployment and equipment (of the security forces) 
              would be evident to the rebels. He cautioned that re-capture of 
              area lost to LTTE "would entail much loss of life" and 
              the Army "is desperately short of state-of-the-art equipment.  In the East, 
              the security forces maintained independent military bases in tactically 
              important localities. They conducted operations in the jungles to 
              flush out the guerrillas. There were no FDLs defined on the ground 
              in these areas.  All this has 
              changed in the east, which includes the port city of Trincomalee, 
              which the guerrillas have repeatedly declared would be the capital 
              of their so-called state of Tamil Eelam. Recruitment of fresh cadres, 
              training camps, new rebel bases, police stations, court houses, 
              administrative systems, tax collection mechanisms have all fallen 
              in place. Revelations in these columns have irked many a UNF big 
              wig.  The importance 
              of Trincomalee continues after the ceasefire as both a naval, political 
              and economic centre. As revealed in these columns, it still remains 
              the life line for some 40,000 troops and policemen deployed in the 
              Jaffna peninsula. It is only a few hundreds who travel in and out 
              of the peninsula by aircraft daily.  The Sunday 
              Times (August 3, 2003)revealed how the guerrillas have opened up 
              new military camps, re-occupied ones they abandoned and set up a 
              string of satellite camps around the bases that existed. The map 
              on that page gave details of the changing environment. Newly recruited 
              cadres have been trained and moved in. New weaponry and communications 
              equipment have been widely distributed.  The Sunday 
              Times noted "this rapidly developing scenario in and around 
              Trincomalee is signalling a marked shift to the military balance. 
              The Tiger guerrillas are continuing to become stronger militarily 
              whilst the ground they dominate are expanding. This is in the backdrop 
              of the Security Forces being plagued with desertions, hit by lack 
              of resources and forced to maintain an inactive profile lest they 
              be accused of sabotaging the peace process.  The report 
              added "They are yet to receive even the three months requirements 
              to replenish their dwindling stocks of ammunition and other items. 
              The long term impact of this change may lead to a virtual siege 
              of Trincomalee - a move that will threaten not only Sri Lanka's 
              but now India's own interests".  The main opposition 
              People's Alliance of President Kumaratunga raised issue. Her former 
              Foreign Minister and now senior international affairs advisor, Lakshman 
              Kadirgamar who was in New Delhi apprised Government and Opposition 
              leaders.In Colombo, the Government's chief peace negotiator and spokesman, 
              Cabinet Minister, G.L. Peiris, denied new camps had come up surrounding 
              Trincomalee. The only exception, he said, was one at Manirasakulam 
              (or Kuranku Paanchan Kulam) where the LTTE has constructed a camp 
              in a government controlled area after the ceasefire. The SLMM had 
              ruled this violated the cease-fire.
  Even if the 
              shadow boxing between the Government and the Opposition over this 
              issue continued, last week Prime Minister, Ranil Wickremasinghe, 
              conferred with security chiefs over threats to Trincomalee. Contingency 
              measures to meet threats have been discussed and the need to further 
              strengthen the Navy decided upon.  The Government 
              placed a helicopter at the disposal of Opposition Leader, Mahinda 
              Rajapakse, to visit Trincomalee last Saturday (September 20). He 
              returned only to confirm that a threat exists.  There are many 
              other provisions in the Cease Fire Agreement that sought to ensure 
              the military balance that existed up to February 22 2002, both with 
              the security forces and the LTTE remained. However they are too 
              voluminous.  Besides the 
              changing ground realities on matters arising out of the Ceasefire 
              Agreement there are several other important aspects too. If the 
              total strength of the guerrillas, according to local intelligence 
              sources stood at 9,390 before the ceasefire it has now increased. 
              Since the ceasefire and the truce the figure has risen to 19,750. 
              This is both in respect of the north and the east and include members 
              of the so called Eelapadai, a civilian militia.  Intelligence 
              officials say at least 30 per cent of the strength are child soldiers. 
              Japan's Special Envoy to the Sri Lankan Peace Process Yasushi Akashi 
              raised issues last week with guerrilla political Wing Leader S.P. 
              Tamilselvam. This was during a meeting in the guerrilla held northern 
              town of Kilinochchi.  Mr. Tamilselvam's 
              reply was that the children were joining the rebel ranks out of 
              great enthusiasm and were not being forcibly conscripted. He had 
              said that even the UNICEF (United Nations Children's Educational 
              Fund) has been told of this position. In response to a query over 
              political killings, Mr. Thamilselvam had replied that such incidents 
              were taking place in government held areas. Hence it was a matter 
              for state agencies.  According to 
              Sri Lankan intelligence more than 19 new camps have been set up 
              in the Eastern district of Trincomalee and Batticaloa since the 
              ceasefire.This is in marked contrast to the Sri Lankan security forces. Procurement 
              of military hardware remained frozen until the recent months. Ammunition 
              stocks dwindled due to use for training purposes. President Kumaratunga 
              went public at her party's annual sessions to declare that the Army 
              was left with only nine days of ammunition. However, when she made 
              the declaration stocks had been adequately replenished with emergency 
              assistance from India.
  Yet, desertions 
              during the ceasefire have been higher than it had been during times 
              of war. In the year 2000 there were 4,972. The numbers increased 
              in the succeeding years: 2001 (6,018), 2002 (7,326) and 2003 (4337) 
              for the first five months.Recruitment drives after the ceasefire, have fallen far short of 
              targets. In 2002 the Army launched a drive to recruit 10,000 new 
              soldiers but ended up listing only 2,503. Last month a drive to 
              recruit 5,000 have yielded only 2,300 so far. The security forces 
              top brass are asking the government to raise salaries and find placements 
              for troops in UN Peace Keeping Forces.
  What do these 
              changing realities mean? Has not the LTTE become stronger than security 
              forces in the 19 months of ceasefire? Is this strength not growing? 
              That is even before the core issues are discussed.  How much more 
              will these ground realities change if there is a delay in discussing 
              the core issues? Would such delays, which will make the LTTE much 
              more stronger and thus down grade the core issues to items of low 
              priorities? Cannot a much stronger LTTE ask a government,that has 
              neglected its security forces and its security preparedness to take 
              it or leave it?  The time has 
              arrived for the UNF to reflect on these issues instead of branding 
              all and sundry as "spoilers" of the peace process. |