Situation Report

The pitfalls of P-TOMS

FRA SIR GALAHAD - L3005

There was a strange paradox in Parliament this week. On the one hand, the Government introduced legislation to give legal effect to a UN Convention to suppress terrorist financing. On the other, it tabled the text of a of Memorandum of Understanding (MoU) with the Liberation Tigers of Tamil Eelam (LTTE) that was to set up a Joint Mechanism or P-TOMS to share aid for tsunami recovery.

The draft bill, consequent to the Government becoming a signatory to an International Convention adopted by the UN General Assembly, makes it an offence to finance “terrorists or terrorist organisations.” This will apply to any person who attempts to commit, aid or abet the commission of; or acting with a common purpose with another person or a group of persons, contributes to the commission of the offence of financing of terrorists or terrorist organisations.

The Joint Mechansim or P-TOMS has now empowered the LTTE to prioritize and develop strategies. This is through the setting up of a Regional Committee to be headquartered in Kilinochchi. Its task is to work out post-tsunami emergency relief, rehabilitation, reconstruction and development in six districts – Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu and Trincomalee. It will always be headed by an LTTE nominee. A Government representative as well as one representing the Muslim community will serve only as deputy chairpersons.

On the opposite page, our Political Editor deals with details of the scope and content of the JM. He points out how it has been set up outside the country’s Constitution and its financial workings are not subject to any supervisory control by any State agencies. The security implications posed by the new deal have to be examined in greater detail. However, a first glance at the MoU does raise some concerns.Including Kilinochchi, the nerve centre of the LTTE, the other districts – Ampara, Batticaloa, Jaffna, Mullaitivu and Trincomalee -- are flanked by coastal areas. The seas off this coastal stretches are used not only by the Sri Lanka Navy but also by the seagoing arm of the LTTE, the Sea Tigers. Their conduct at present is governed by the Ceasefire Agreement of February22 2002. Article 1.3 of the CFA states: “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.”

It has been the unenviable task of the Sri Lanka Monitoring Mission (SLMM) to monitor the CFA. At sea, there have been complaints from both sides about violations prompting the SLMM to give rulings. They are neither empowered nor do they have the capability to enforce such rulings by the use of any force.

And now, the MoU for the Joint Mechanism or P-TOMS says: “New proposals for measures to be adopted in, or affecting the coastal areas covered by seawater, shall be undertaken under the aegis of an international agency.”

This would naturally mean a change in the policing of the seas off the six districts, a task which is now solely in the hands of Sri Lanka Navy. Could any international agency be in a position to curb any illegal activity or violations?

This becomes relevant in view of the new proposals covering areas of vital security concern. The MoU says, “Such proposals might include measures to recover material lost to the sea during the tsunami, the cleaning up of shores and beaches affected, even when covered by sea water, and the repairing and construction of jetties or commercial fisheries harbours affected by the tsunami.”

It will not be wrong to say that the LTTE would have to utilise its Sea Tiger units to undertake this task. The MoU has now given them the “licence” to operate in the Tsunami Disaster Zone (TDZ) lying within a limit of two kilometres landwards from the mean low water line. How the Government will work out with an “international agency” to protect the country’s sovereignty and territorial integrity in the event of an abuse by the Tiger guerrillas remains to be seen.

If past experience during more than three years of ceasefire, the working of the Ceasefire Agreement, the allegations and counter allegations by Security Forces and Tiger guerrillas, the recent sophistication and consolidation of Sea Tiger capability, among other matters, are some of the examples to go by, the new security concerns will be worrisome for the defence establishment in Colombo.

It is not only sea borne activity that will be at issue for them. There will be questions like the repairing or construction of jetties or commercial fisheries harbours. Particularly in the case of jetties, how does one differentiate those which could be used by the Sea Tigers for military purposes? Similarly, how does one deal with fisheries harbours that will have a dual purpose use? Such facilities, at present, exist in the south. For example, a Naval facility functions side by side with the Galle Harbour.
One of the reasons the LTTE has adduced for enhancing its military capability during the ceasefire is the fact that the Security Forces were engaging in the same task. In fact, defending the LTTE’s construction of a new 1.2 kilometre airstrip and the acquisition of air capability, their Political Wing leader S. P. Thamilselvan has explained, it is to protect “our people.” There is nothing to prevent the LTTE from taking up this position again and again.

It will equally concern neighbouring India. At least part of the coastal zones to which the LTTE will gain legitimate access as a result of the MoU will be the Sri Lankan side of Palk Straits – the thin strip of Indian Ocean that divides the two countries. It was only last month Indian Prime Minister Manmohan Singh reiterated during talks with President Kumaratunga that New Delhi maintains an “abiding interest in the security of Sri Lanka and remains committed to its sovereignty and territorial integrity.”

Premier Manmohan Singh and Indian External Affairs Minister Kanwar Natwar Singh have publicly expressed their Government’s concern over the LTTE acquiring air capability – a matter that has been revealed exclusively in a series of reports in The Sunday Times (Situation Report). Reports in the recent weeks of suspicions that the guerrillas were constructing another airstrip, this time near the coastal village of Uppural in the Trincomalee district, raised eye brows.

Whilst the LTTE Wanni leadership in Kilinochchi remained silent, others have taken great pains to deny such reports. Yet, the LTTE continues to deny access to all outsiders, except for its own membership to this area. Various reasons including firepower training exercises in the area have made it out of bounds, claim some area leaders. But there was more news this week. A quarry supplier in Kantalai who had been given a massive order to supply truck loads of metal and quarry dust has received a message from guerrilla cadres to immediately suspend supplies.

The Sunday Times has learnt that the move came after exposures about construction activity and declaration of a site, some 25 acres in extent, out of bounds to all outsiders. An official of a state intelligence arm confirmed the stoppage of construction activity but added they were still unable to establish conclusively that it was an airstrip that was taking shape. Their suspicions, however, have been further enhanced by photographs obtained by an Israeli built Unmanned Aerial Vehicle (UAV) two weeks ago. It shows a vast area being cleared of all vegetation.
In her determination to conclude the JM or P-TOMS deal, President Kumaratunga on June 17 told a conference of the Maha Sangha in Colombo that the only alternative to such a move was war.

Then she dropped a bombshell. She said to fight a war successfully she needed genuine military officers, those who will not earn money through weapons deals. In the past, she had shared this view confidentially with some of her ministers. She is not alone in thinking that way. Even former Prime Minister, Ranil Wickremesinghe, who was conscious of the vast scale corruption during the previous People’s Alliance regime, held the same view. He did not fight shy to explain that the inability of the military to conclusively win the war was one of the reasons that prompted him to sign the CFA with the LTTE.

But there was a distinct difference between President Kumaratunga and Mr. Wickremesinghe’s assertions. The latter’s remarks came after long years of PA rule where corrupt activity, both by politicians and military officers, reached unprecedented levels.

That period saw the costliest phase of the separatist war both in terms of material and human losses. Lamentably, President Kumaratunga had held office as President and Commander in Chief besides other positions for nearly ten years. Yet, no politician or military officer responsible for robbing the taxpayer’s money meant to protect the nation’s sovereignty and territorial integrity had been dealt with. If that happened, it would have acted as a deterrent to others.

In the recent months, the subject of military procurements came to the fore after the new capabilities acquired by Tiger guerrillas came to be known. This was both during meetings of the National Security Council and other high level conferences. If the Government embarked on counter measures which included procurements, some of which were highly controversial, it is abundantly clear there has been no proper mechanism to ascertain what is most needed and what is not. The result has been haphazard decisions.

This becomes relevant in the context of President Kumaratunga’s defiant move to sign the JM or P-TOMS. It is a precursor to move forward with the peace process. In this context, it would surprise most Sri Lankans to know that the Government took steps two months ago to adopt a measure that has not been taken even during the 19 years of separatist war.
That is to establish a multi-million dollar ammunition factory in Sri Lanka with the help of a foreign government. If such a factory was not found necessary even at the height of the war, how one has become necessary now is causing confusion even to senior military officers. This is only for one reason. They say ammunition could easily be purchased if there was a need. They are not in short supply. Why have a factory when Sri Lanka was not at war with another country, they ask. For obvious reasons one cannot delve more into this deal.

Another is a recommendation by the Chief of Defence Staff and Commander of the Sri Lanka Navy, Vice Admiral Daya Sandagiri to purchase the British Logistic Landing Ship (LSL) Sir Gallahad. If his recommendation is accepted, it will cost the Sri Lanka Government ten million Sterling Pounds or a staggering Rs 1.8 billion. According to a Navy source, if this vessel once deployed by Britain’s Royal Navy in the Falklands war is acquired, it would cost the Government nearly a million Sterling Pounds or over one and half billion to keep it afloat every month.
Vice Admiral Sandagiri’s recommendation was examined last Friday by the Government’s Procurement Committee headed by former Defence Secretary, Chandrananda de Silva. It comprises Cyril Herath, a former Police Chief and Defence Secretary, Rear Admiral (retd.) Basil Gunasekera, a former Navy Commander, Air Marshal Pathman (Paddy) Mendis, a former Air Force Commander and Chandra Wickremasinghe, a one time Sri Lanka High Commissioner to France.

Senior Navy officers who testified before the Committee, The Sunday Times learnt, were not in favour of the procurement for a variety of reasons. In essence, they were of the view that it would turn out to be a white elephant for the Navy.

Vice Admiral Sandagiri himself headed a Navy delegation to UK to inspect, among others, the LSL Sir Gallahad. Though he was Chief of Defence Staff in addition to being Commander of the Navy, he was received in the UK only by a junior officer of the Royal Navy. Since this was only a procurement mission, the usual courtesies offered to Sri Lanka’s highest ranking military officer was not extended. British officials say it is not customary for the highest ranking military officials of a country to come there on procurement mission. Usually they were handled by officers tasked with that responsibility.

As revealed in The Sunday Times (Situation Report – May 1, 2005), Sir Gallahad is capable of carrying 16 Main Battle Tanks or 33 eight ton vehicles, 62 Land Rovers in its tank deck. In addition, on its Vehicle Deck it could carry 33 eight ton vehicles, 74 Land Rovers and 40 twenty foot containers. Further, its Vehicle Deck also has provision to carry 27 eight ton vehicles, 59 Land Rovers and 30 twenty foot containers.
Vice Admiral Sandagiri is due to leave today for UK again, this time for ceremonies by the Royal Navy to mark the 200th anniversary of Lord Nelson. The City of Portsmouth will provide the setting for this event. Earlier this week, Vice Admiral Sandagiri wrote to senior officers in charge of Naval commands countrywide not to leave their stations until his return. Two weeks ago, a senior officer who came to Colombo for a meeting with a high ranking Defence official, had angered the Navy chief. The Defence official in question, MoD sources said, summoned the officer after following procedures and had the authority to do so since he belongs to a higher command of authority.

In another development, President Kumaratunga has changed an order issued by Vice Admiral Sandagiri transferring Eastern Naval Area Commander, Rear Admiral Sarath Weerasekera to Colombo. Western Naval Area Commander Vice Admiral Sarath Rathnakeerthi was to have taken the post in Trincomalee.

Instead, the President has instructed that Vice Admiral Weerasekera be appointed to the newly created post of Deputy Chief of Staff at Navy Headquarters. Taking his place as Eastern Naval Area Commander will be Vice Admiral Vasantha Karannagoda. See story on below.
In the light of recent developments, it is still not too late for President Kumaratunga to call upon her defence establishment to make a complete re-appraisal of guerrilla threat perceptions. This is with a view to obtaining expert opinion to procure what is required and thus ensure the taxpayer’s money is not squandered. It has been happening during the separatist war. It now seems to be happening even in purported peace times.

Sandagiri’s orders changed
Rear Admiral Sarath Weerasekera is to be named to a newly created post of Deputy Chief of Staff at Navy Headquarters. He is currently the Eastern Naval Area Commander based in Trincomalee. He is now to be succeeded there by Rear Admiral Vasantha Karannagoda, currently Commander of the Navy’s North Central Command.

This will mean the Navy Commander Vice Admiral Daya Sandagiri’s instructions last week, as revealed in The Sunday Times (Situation Report) will not take effect. He had ordered Rear Admiral Weerasekera to Colombo as Western Naval Area Commander. The present incumbent in that post, Rear Admiral Sarath Rathnakeerthi was to succeed him in Trincomalee.
The post of Deputy Chief of Staff at present exists only in the Sri Lanka Army. The position is now being extended to the Sri Lanka Navy though Vice Admiral Sandagiri is not in favour of the move. In addition Rear Admiral Weerasekera will also function as the Navy’s Director General – Staff Services.

The posting order for these appointments is to be made by Navy Headquarters no sooner instructions arrive from the Ministry of Defence.
Rear Admiral Weerasekera’s transfer from Trincomalee came in the backdrop of a heightened controversy over the placing of a statue of Lord Buddha in Trincomalee town. The move followed a report from a state intelligence agency that he addressed a meeting of threewheeler taxi drivers, who were responsible for placing the statue. In an explanation provided to Navy Headquarters, he denied the allegation.

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