{"id":127757,"date":"2022-08-10T02:05:55","date_gmt":"2022-08-10T09:05:55","guid":{"rendered":"https:\/\/www.lankaweb.com\/news\/items\/?p=127757"},"modified":"2022-08-10T02:05:55","modified_gmt":"2022-08-10T09:05:55","slug":"indo-lanka-accord-of-29-july-1987-does-not-restrict-sri-lankas-use-of-its-own-ports-or-trinco-oil-tanks","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2022\/08\/10\/indo-lanka-accord-of-29-july-1987-does-not-restrict-sri-lankas-use-of-its-own-ports-or-trinco-oil-tanks\/","title":{"rendered":"Indo-Lanka Accord of 29 July 1987 does not restrict Sri Lanka\u2019s use of its own Ports or Trinco Oil Tanks"},"content":{"rendered":"

Shenali D Waduge<\/em><\/span><\/h2>\n\n\n
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The Indo-Lanka Accord was signed on 29 July 1987 in Colombo with Prime Minister Rajiv Gandhi signing on behalf of India & President J R Jayawardena signing on behalf of Sri Lanka. There are 6 points annexed to the accord. The text of the Accord & the 6 point annexures are what makes the Indo-Lanka Accord. The letter drafted by PM Rajiv Gandhi is not part of the Accord though it was signed on the same day. This letter does not even mention the name Indo-Lanka Accord. Therefore, no one can use the contents of the letter & claim that to be part of the Indo-Lanka Accord.<\/h4>\n\n\n\n

The Trinco Port & Trinco Oil tanks as well as reference to foreign broadcasting (Voice of America) is mentioned only in the letter by Rajiv Gandhi. The Accord only mentions the 6 point annexures. There is no mention of letters being part of the Accord. Thus Sri Lanka is not bound by the contents as these are signed between 2 former heads of State who are now no more.<\/h4>\n\n\n\n

INDO-LANKA ACCORD<\/h3>\n\n\n\n

The accord claimed to \u2018establish Peace & Normalcy in Sri Lanka\u2019<\/em> both of which did not happen<\/h3>\n\n\n\n

The agreement attached utmost importance to nurturing, intensifying & strengthening the traditional friendship of India & Sri Lanka\u201d<\/em> \u2013 none of the above also happened.<\/h3>\n\n\n\n

The agreement acknowledged\u201d<\/em> the need to resolve the \u2018ethnic\u201d<\/em> problem and the consequent violence\u201d<\/em>and for the safety, well-being & prosperity of people belonging to all communities in Sri Lanka\u201d.<\/em> The all communities in Sri Lanka\u201d is often misplaced as reference is always with regard to the welfare of one community only.<\/h3>\n\n\n\n

The Agreement further breaks down the objectives<\/h3>\n\n\n\n
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Clause 2.16 sets further actions by the Government of India if Militant Groups do not accept the outlined framework of proposals (NE merger\/NE Elections\/Referendum)<\/p>\n\n\n\n

India thus commits to<\/p>\n\n\n\n

2.16 \u2013 CONDITION A: <\/h3>\n\n\n\n

Did India ensure Indian territory is not used for activities prejudicial to the unity, integrity & security of Sri Lanka? <\/strong><\/p>\n\n\n\n

No<\/p>\n\n\n\n

LTTE continued to use Tamil Nadu as its logistics hub with tacit assistance by even the TN state govt<\/p>\n\n\n\n

2.16 \u2013 CONDITION B: <\/h3>\n\n\n\n

Did Indian Navy\/Coastguard cooperate with Sri Lanka Navy to prevent Tamil militant activities against Sri Lanka?<\/strong><\/p>\n\n\n\n

No<\/p>\n\n\n\n

LTTE boats were plying to and from Sri Lanka\u2019s North to Tamil Nadu<\/p>\n\n\n\n

2.16 \u2013 CONDITION C: <\/h3>\n\n\n\n

India commits to provide military assistance to implement proposals upon request of Government of Sri Lanka<\/p>\n\n\n\n

President J R Jayawardena used 2.16 C) to request Indian Peace Keepers to disarm LTTE<\/p>\n\n\n\n

2.16 \u2013 CONDITION D: <\/h3>\n\n\n\n

Indian Govt commits to expedite repatriation of Indian Citizens in Sri Lanka to India while repatriating Sri Lankan refugees from Tamil Nadu.<\/p>\n\n\n\n

Repatriation of Indian citizens living in Sri Lanka has not been done.<\/p>\n\n\n\n

2.16 \u2013 CONDITION E: <\/h3>\n\n\n\n

Both Governments to cooperate to ensure physical security & safety of all communities living in North & Eastern Provinces.<\/p>\n\n\n\n

This clause also failed as IPKF began killing and raping people of all communities as they could not identify who was who and majority of IPKF soldiers did not speak Tamil.<\/p>\n\n\n\n

IPKF killings and rapes have yet to be investigated.<\/p>\n\n\n\n

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This Agreement and the Annexures thereto shall come into force upon signature<\/em><\/h2>\n\n\n\n

Clause 3 stipulates that the above clauses plus the annexures will come into effect upon signing of the Agreement on 29 July 1987<\/p>\n\n\n\n

In witness whereof we have set our hands and seals hereunto.<\/em><\/strong><\/p>\n\n\n\n

Done in Colombo, Sri Lanka, on this the twenty ninth day of July of the year one thousand nine hundred and eighty seven, in duplicate, both texts being equally authentic.<\/em><\/strong><\/p>\n\n\n\n

Junius Richard Jayawardene,                                          Rajiv Gandhi,<\/em><\/strong><\/p>\n\n\n\n

President of the                                                                  Prime Minister<\/em><\/strong><\/p>\n\n\n\n

Democratic Socialist Republic                                        of the Republic of India<\/em><\/strong><\/p>\n\n\n\n

of Sri Lanka<\/em><\/strong><\/p>\n\n\n\n

THE ANNEXURE<\/h2>\n\n\n\n
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Next we come to the controversial letter which is not part of the Accord or Annexure of the Accord<\/h2>\n\n\n\n
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PM Rajiv Gandhi\u2019s letter to President Jayawardena written on the same day as that of the Indo-Lanka Accord signing \u2013 29 July 1987<\/h1>\n\n\n\n

Highlights the following<\/p>\n\n\n\n

Joint agreement:<\/strong><\/p>\n\n\n\n

  1. Not allow territories of both nations to be used for anything that impacts the unity, territorial integrity & security of either country<\/li><\/ol>\n\n\n\n

    Sri Lanka makes 4 commitments (addressing India\u2019s concerns) subject to Sri Lankan President confirming commitment via response to PM Rajiv\u2019s letter which is not available. <\/strong><\/p>\n\n\n\n

    1. Foreign military & intelligence personnel to not prejudice Indo-Lanka relations<\/li>
    2. Trinco or any other port in Sri Lanka to be given for military use by any country against India\u2019s interest<\/li>
    3. Restore & operate Trinco Oil Tank as a joint operation between India & Sri Lanka<\/li>
    4. Sri Lanka\u2019s agreement with foreign broadcasting organizations reviewed are only used for public broadcasting & not military or intelligence purposes.<\/li><\/ol>\n\n\n\n

      India\u2019s commitment <\/strong><\/p>\n\n\n\n

      1. Deport all Sri Lankans in India who are engaging in terrorist activities or advocating separatism or secessionism (India did not fulfil this)<\/li>
      2. Provide training & military supplies for Sri Lanka security services<\/li><\/ol>\n\n\n\n

         <\/h1>\n\n\n\n

        India & Sri Lanka to set up a joint consultative mechanism to review matters & monitor implementation.<\/p>\n\n\n\n

        If the letter is not part of the Accord, Sri Lanka is not bound to commit to any contents of this letter<\/p>\n\n\n\n