The reported decision of the Europen Union (EU) countries to declare theLiberation Tigers of Tamil Eelam (LTTE) as a terrorist organisation and ban itsactivities in their respective territories would be unimpeachable legally and onmerits, but ill-timed, unwise and ill-considered politically.
Ill-timed because the decision would come at a time when the Sri Lankan governmentof Mr Mahinda Rajapakse and the LTTE have been blaming each other for theescalation of violence, which has characterised the ground situation since MrRajapakse took over as the President in November, 2005. The truth of thematter is yet to be established by an impartial international investigation, butrespected international non-governmental organisations have been increasinglyexpressing their skepticism over the version of the ground situation asdisseminated by the Rajapakse government and over its bona fide.
In a statement issued at London on May 16, 2006, the Amnesty Internationalsaid:
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"Amnesty International is alarmed by the increasing number of civilianskilled as a low-intensity armed conflict appears to be escalating, despite a2002 ceasefire agreement between the government of Sri Lanka and the LiberationTigers of Tamil Eelam (LTTE). More than 200 people have been killed over thepast month alone, the majority of them civilians, and more than 20,000 othershave been displaced from their homes. Amnesty International fears that acollapse of the ceasefire agreement and return to full-scale armed conflictwould have further devastating consequences for civilians.
"In separate incidents over the past weekend, 13-14 May, at least 18civilians were reportedly killed in the north and east of Sri Lanka. ThirteenTamil civilians were reportedly killed in a spate of incidents on Kayts Island,a small islet off the northwestern coast of the Jaffna Peninsula that isstrictly controlled by the Sri Lanka Navy, which has a major base there. On 13May, at about 8.30 p.m., unidentified gunmen reportedly entered the home ofSellathurai Amalathas in Allaipiddy and opened fire. Eight people were killed onthe spot, including a four-month-old baby and four-year-old boy, and one otherperson died later in hospital. In another incident, at around 10:30 p.m. thesame night, unidentified gunmen reportedly entered the home of 72-year-oldMurugesu Shanmugalingam in Puliyankoodal, also on Kayts Island, and shot him andtwo other members of his family dead. Ten shops in Puliyankoodal were reportedlyburnt down. In Vangalady, gunmen reportedly entered the home of Ratnam Senthuran,a tea shop owner, and shot him dead. Other members of his family also were shotand injured, but managed to escape.
"The government has condemned the Kayts Island killings and announced thata police investigation is underway. Amnesty International welcomes these initialsteps but notes that there is a disturbing pattern of incomplete or ineffectiveinvestigations by the government, with the result that perpetrators of suchviolence generally operate with impunity. In accordance with the InternationalCovenant on Civil and Political Rights, which Sri Lanka has ratified, the governmentmust carry out independent, impartial and effective investigations into allkillings; the results of these investigations should be made public, and thosefound responsible for the attacks must be brought to justice.
"Without effective investigations and prosecutions, the cycle ofretaliatory violence that so endangers the lives of civilians is likely toescalate. The LTTE has accused the Sri Lanka Navy of responsibility for theattacks on Kayts Island, a charge which the Navy has denied. However, AmnestyInternational has received credible reports that Sri Lanka Navy personnel andarmed cadres affiliated with the Eelam People's Democratic Party, a Tamilpolitical party that is opposed to the LTTE, were present at the scene of thekillings. The government in turn has suggested that the LTTE orchestrated theattack in order "to divert international opinion".
" Regardless of who is responsible for the attacks, the Sri Lankan governmenthas obligations under international law to take steps to prevent such killings,to ensure that those who commit them are brought to justice, and that thefamilies of those killed are able to obtain redress. Amnesty International callson all parties to the conflict, including the government of Sri Lanka, the LTTE,and other armed groups, to take all possible measures to avoid harm to civiliansand respect international humanitarian law, which prohibits murder or violenceto those taking no active part in hostilities".
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In a statement issued on May 23, 2006, the European Union itself demandedaction against those responsible for bombing three international charitiesoperating in Sri Lanka’s northeast. The EU's skepticism about the government'sversion , which blamed the LTTE for the bombing, was evident from its statement which said that the Sri Lankan government must demonstrate itscommitment to ending a "culture of impunity" by bringing to justice thoseresponsible for Sunday’s grenade attacks which wounded three people at threelocations. It added: "The EU welcomes the government's statement condemningthe attacks. But the EU is concerned about the lack of effective follow-upon past violent acts and the development of a culture of impunity that the governmentrecognized last week in its address to Parliament and pledged to fight."
The apparent unease in the government of India over the one-sided version beingdisseminated by the Sri Lankan authorities in their efforts to have the LTTEbanned by the EU was also reportedly evident at a press briefing on foreignpolicy by Shri Shyam Saran, our Foreign Secretary, at New Delhi on May 23,2006. It is learnt that during the press briefing he characterised the situation as "tit for tat violence" and did not agree with a correspondent of aChennai-based newspaper, who tried to project the situation as the outcome ofthe LTTE's unsuccessful attempt to assassinate Gen.Sarath Fonseka, the Commanderof the Sri Lankan Army.
It is understood that the following report, which was carried by The Hinduof Chennai on May 24, 2006, was based on the Foreign Secretary's briefingthough it does not refer to him: "India believes that if the current titfor tat violence between Colombo and the LTTE continues, it is a matter of timebefore an all-out war breaks out. Official sources on Tuesday also hoped thatthe Sri Lankan government would not greet with triumph a EU ban on the LTTE, butwould show flexibility, along with the Tigers, in agreeing to a second round ofpeace talks in Geneva. "
The report added: "India felt that it was still worthwhile for both sidesto make concessions to ensure a return to negotiations. New Delhi was speciallyconcerned about the plight of civilians, who invariably get entangled in aconflict situation. Pointing out that about some 2000 Sri Lankan Tamils hadalready landed in Tamil Nadu, sources revealed that several hundred more werewaiting for a chance to flee the violence that had gripped the islandnation."
Not a day passes without more Tamil refugees from the Eastern Province fleeingto India. When the LTTE took to arms against the Sri Lankan governmentpost-1983, there was a large exodus of Tamil refugees to foreign countries.Those from the Northern Province, economically better off and better educated,fled to the Western countries and Australia. Those from the Eastern Province,not economically well-off and inadequately educated, fled to Tamil Nadu, wherethey were put up in camps. Following an improvement in the ground situationafter the conclusion of the cease-fire agreement in February,2002, and theinitiation of conflict resolution measures by former President ChandrikaKumaratunga and former Prime Minister Ranil Wickremasinghe, the refugees fromthe Eastern Province started returning.
This process has been reversed after Mr Rajapakse took over as the Presidentand, since January,2006, there has been a fresh flow of refugees into Tamil Nadufrom the Eastern Province. Many of those, who have come, have accused theRajapakse government of following a policy of targeted killings of the Tamils ofthe Eastern Province.
The Hindu of May 24, 2006, has quoted some of the refugees as saying asfollows: "There is no guarantee of life in Trincomallee. The Sinhalese,with the help of the Sri Lankan Army and Navy, have started an onslaught againstthe Tamils. Several Tamil youngsters have been kidnapped by unknown elements.Even after many days not even a single kidnapped person returned home in oursurroundings. When they are torching shops run by the Tamils and shootinginnocent people in the name of controlling the Tigers, who can give us safety?........They (the Sinhalese) have plotted to wipe out all Tamils living inTrincomallee. There is no rule of law there. Most of the Tamil families havefled to either Jaffna or India from the surroundings of Trincomallee. Ifthe international community fails to check the harassment by the Sri LankanArmy, the Tamil community will not be found in the Trincomallee area."
The New Indian Express of May 26,2006, has quoted some of therefugees as saying as follows: " The Tamils are not allowed to move out oftheir homes even in daytime. The Sri Lankan Army and the Sinhalese werecontinuously attacking and maiming Tamils. It was only after the take-over ofthe Mahinda Rajapakse regime that attacks against the Tamils had been steppedup."
Well-informed sources say that while the LTTE has been responsible for thedeaths of a large number of combatants belonging to the Sri Lankan Army, Navyand Police since November last, most of the civilian deaths are attributable tothe policy of targeted killings of suspected Tamil supporters and sympathisersof the LTTE initiated by the Sri Lankan security forces through the intermediaryof the followers of "Col" Karuna, who deserted from the LTTE inMarch,2004, due to differences with Prabhakaran, the LTTE leader. Mrs. Chandrikaand Mr Ranil Wickremasinghe reportedly refused to authorise the policy ofusing Karuna for such targeted killings, but this policy is being implementedvigorously since Mr Rajapakse took over as the President, thereby giving rise toa suspicion that he might have authorised it.
The reported EU decision to ban the LTTE would be exploited by the government asthe international community's acceptance of its version of the killings whichhave been going on since November last and as ruling out any international condemnation of its counter-insurgency methods as followed since November. Anynon-condemnation by the EU of the new counter-insurgency methods of the governmentwould be seen by the Sri Lankan Tamil community as taking sides with theSinhalese.
The reported EU decision at this juncture would be unwise and ill-consideredpolitically because it could create difficulties in the working of thecease-fire monitoring process and drive even those Tamils, who might bedeveloping misgivings about the leadership of Prabhakaran, into closing theirranks and expressing solidarity with the LTTE. The Rajapakse government ishoping that the EU ban would isolate the LTTE and make it more amenable to acompromise political solution, not necessarily involving a federal formula. Itshopes may be belied and the EU ban, at this juncture when both parties areresponsible for the deterioration in the situation, may drive the LTTE to bemore recalcitrant, pushing further away the chances of a political solution.
The difficulties in the working of the ceasefire monitoring process would arisefrom the fact that while Norway is not in the EU, Sweden, Denmark and Finlandare. Would Sweden, Denmark and Finland join the other EU countries in imposingthe ban? If they do, would it not make their continued participation in themonitoring process untenable?
The LTTE is one of the most dreaded terrorist organisations of the world, whichwas responsible, inter alia, for the brutal assassination of RajivGandhi, our former Prime Minister. Purely on merits, a ban on it would bejustified, but the timing and the manner of the ban should not give animpression as if the EU is taking sides with the Sinhalese extremist elements.
B. Raman is Additional Secretary (retd), Cabinet Secretariat, Govt. ofIndia, New Delhi, and, presently, Director, Institute For Topical Studies,Chennai.
