Geneva U.N. Missions briefed
on CFA and APRC
The Permanent Mission of
Sri Lanka to the United Nations Office at Geneva
31st January 2008
A briefing titled, The CFA and After: Sri Lanka's Withdrawal from the
Ceasefire Agreement (CFA), was held today, 31st January, from 15:20
to 17:20 in room XIX of the United Nations Office at Geneva (Palais
des Nations). The speakers were Professor Rajiva Wijesinha, Secretary
General of the Secretariat for Coordinating the Peace Process in Sri
Lanka and Dr. Dayan Jayatilleka Ambassador and Permanent Representative
of Sri Lanka to the UN, Geneva. It was moderated by Professor Ranjith
Mendis a former Chairman of the University Grants Commission (UGC) of
Sri Lanka.
Representatives from India, China, Pakistan, Japan, Canada, Cuba, Iran,
Russia, South Africa, Mexico, Egypt, Indonesia, Malaysia, Philippines,
Singapore, Turkey, Syria, Belarus, Iran, Thailand, Palestine, Algeria,
Afghanistan, Bahrain, Nepal, Kuwait, Sudan, East Timor, Laos, Azerbaijan,
Maldives, Argentina and Romania were among those who attended the briefing.
Addressing the gathering of over 45 diplomats, officials of international
organizations, civil society representatives and media persons, Ambassador
Dayan Jayatilleka said that the government's decision to withdraw from
the CFA was deplored by the UN Secretary General, UN High Commissioner
for Human Rights, many western states and human rights organizations.
He explained the history of the CFA stating that it was signed by the
LTTE and the government of Prime Minister Ranil Wickremasinghe but did
not have the support of the popularly elected executive president. Therefore,
it did not have political legitimacy from its inception.
Ambassador Jayatilleka pointed out that there are three characteristics
of successful CFAs which are: reflection of the balance of forces of
the two formerly warring parties, reciprocity - which means no unilateral
concessions and the process of the decommissioning of arms and the democratization
of the non state actor. In each of these areas, the Norwegian facilitated
CFA was sorely lacking.
The CFA allowed the LTTE to undertake political activity in the government
controlled areas of the north and east of Sri Lanka, however, other
political parties including the Tamil ones which had entered the democratic
mainstream were not allowed to do the same in LTTE controlled areas.
Ambassador Jayatilleka drew a sharp distinction between the LTTE and
the IRA and explained that the LTTE did not allow for the development
of its political wing.
Following the recent abrogation of the CFA, President Mahinda Rajapakse
has committed himself to implementing the proposal put forward by the
All Party Representatives Committee (APRC) on political devolution and
giving more powers to the provincial administrations.
The President is fully committed to the resuscitation and full implementation
of the 13th Amendment to the constitution which was a by product of
the Indo-Lanka Peace Accord of 1987. His policy in this regard has received
the endorsement of the governments of India and Japan.
There was a general misconception that the government of Sri Lanka
had abruptly withdrawn from the CFA, when, in fact, it was the LTTE
which had de facto withdrawn from it in 2003. Ambassador Jayatilleka
acknowledged that there was a certain amount of pressure from ultranationalist
Sinhala parties for the government to pull out of the CFA, however,
this decision was taken after much consideration.
The then Foreign Minister Mr. Lakshman Kadirgarmar in his statements
to parliament following the signing of the CFA by the then government
expressed his concern about the threat it would pose to the sovereignty
and territorial integrity of Sri Lanka due to the recognition of lines
of control that could very well lead to the division of the country
through international intervention.
Professor Rajiva Wijesinha expressed his sadness at the hasty manner
in which some countries had rushed to make statements regarding the
abrogation of the CFA by the government without fully understanding
the circumstances and appreciating the facts.
He pointed out that the essence of a CFA is for the warring parties
to cease fire and in this regard it was wholly lacking. According to
the Sri Lanka Monitoring Mission (SLMM), between February 2002 and April
2007, the LTTE violated the CFA 3830 times, whereas the government committed
only 351 violations.
Professor Wijesinha reminded the participants that it was the LTTE
which has asked the Monitors from Denmark, Finland and Sweden to leave
Sri Lanka following the decision by the European Union to proscribe
the LTTE in May 2006 and this has left the SLMM understaffed and unable
to fully verify the adherence to the CFA.
He explained that as stated in the CFA, it was not an end in itself
but a step towards resolving the conflict in Sri Lanka through a negotiated
political settlement, but unfortunately, it was clear that the LTTE
did not believe in such a solution.
The CFA, Professor Wijesingha stated had to be abrogated for inter
alia, the two following reasons: firstly, to prevent the use of it as
a defense by those who are accused of raising funds for terrorist organizations;
secondly to empower Tamil and other minority political parties in finding
a just political solution to the conflict in Sri Lanka.
The remarks by Ambassador Jayatilleka and Professor Wijesinghe were
followed by questions and comments from Ambassadors or representatives
of Algeria, Canada, Palestine, Nepal, Sudan as well as the NGO, Geneva
Call.
Sri Lanka Monitoring Mission (SLMM)
www.slmm.lk
www.lankamission.org ©
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