The LTTE Proposals

Consistent with the principles of the rule of law, the human rights and equality of all persons, and the right toself-determination of peoples,

Determined to bring lasting peace to all persons of the island of Sri Lanka,

Acknowledging with appreciation the services of the Royal Norwegian Government, the Norwegian People, and the internationalcommunity in attempting to bring peace to the island,

Recognising that a peaceful resolution is a real possibility, despite the challenging history of the peace processbetween the Tamil people and the Sinhala people,

Determined to establish an interim self-governing authority for the north-east region and to provide for the urgentneeds of the people of the north-east by formulating laws and policies and, effectively and expeditiouslyexecuting all resettlement, rehabilitation, reconstruction, and development in the north-east, while theprocess for reaching a final settlement remains ongoing,

Being aware that the history of the relations between the Tamil people and the Sinhala people has been a process ofbroken promises and unilateral abrogation, by successive governments of Sri Lanka, of pacts and agreementssolemnly entered into between the government of Sri Lanka (GOSL) and the elected representatives of the Tamilpeople,

Bearing in mind that successive governments of Sri Lanka have perpetrated persecution, discrimination, state violence andstate-orchestrated violence against the Tamil people,

Noting that the Tamil people mandated their elected representatives to establish an independent sovereign, secularstate for the Tamil people in the elections subsequent to the Vaddukoddai Resolution of 1976,

Bearing in mind that the Tamil armed struggle as a measure of self-defence and as a means for the realisation of the Tamilright to self-determination arose only after more than four decades of non-violent and peaceful constitutionalstruggle proved to be futile and due to the absence of means to resolve the conflict peacefully,

Recalling that the Liberation Tigers of Tamil Eelam (LTTE) first took measures towards peace by unilaterally declaringthe ceasefire in December 2000 and again in December 2001, opening highways, facilitating trade and the freemovement of people, and entering into peace negotiations in good faith in the hope of creating an environmentconducive to the return of normalcy and a just resolution of the conflict,

Taking note of the political courage of the present GOSL in reciprocating to the 2001 ceasefire,

Realising that the war in the island of Sri Lanka was principally confined to the north-east, resulting in thedestruction of the social, economic, administrative, and physical infrastructure of that area, and that thenorth-east still remains the region in the island of Sri Lanka affected by war,

Recognising that the majority of the Tamil people in the north-east, by their actions in the general elections held inthe year 2000, gave their mandate acknowledging the LTTE as their authentic representative,

Knowing that the LTTE exercises effective control and jurisdiction over the majority of the north-east area of theisland of Sri Lanka,

Realising that reaching a final negotiated settlement and the implementation thereof is expected to be a long process,

Affirming the necessity for the safe and free return of all refugees and displaced persons and their urgent need forunimpeded access to their homes and secure livelihoods at land and sea in the north-east,

Mindful that institutions and services provided by the GOSL have proved to be inadequate to meet the urgent needs ofthe people of the north-east,

Recognising the failure of the Sub-committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) and othersub-committees formed during the peace negotiations, which failure was due to the composition of suchsub-committees, which repeatedly led to inaction,

Acknowledging the recognition by the GOSL of the necessity for an interim authority, as mentioned in its 2000 electionmanifesto,

Realising that maintenance of law and order is an essential pre-requisite for a just and free society,

Recognising the need for raising revenue to meet the urgent needs for the resettlement, rehabilitation, reconstructionand development of the north-east region, which has been devastated by war, and for the carrying out of anyfunction of government,

Recognising the importance of control over land in resettlement, rehabilitation, reconstruction and development,

Mindful that the Tamils did not participate in the making of the 1972 and 1978 constitutions, which institutionaliseddiscrimination and denied them an effective role in the decision-making process,

Noting the practice in international relations over the last decade of solving conflicts between peoples throughagreement between the parties to the conflict on terms of equality and through innovative and imaginativemeasures,

Relying on international precedents for establishing interim governing arrangements in war-torn countries having theforce of law based solely on pacts or agreements between the warring parties recognised by the internationalcommunity,

Noting that measures such as the Ceasefire Agreement, including the role of the Sri Lanka Monitoring Mission (SLMM),and the establishment of the SIHRN and the North-east Reconstruction Fund (NERF) constitute valid precedentsfor making such arrangements,

Wherefore, the parties, namely the Liberation Tigers of Tamil Eelam and the Government of Sri Lanka, herebyagree to the following provisions:

1/ Interim self-governing authority

An interim self-governing authority (ISGA) shall be established comprised of the eight districts namely:Amparai, Batticaloa, Jaffna, Kilinochchi, Mannar, Mullaitivu, Trincomalee and Vavuniya in the north-east,until a final negotiated settlement is reached and implemented.

Representatives of the Muslim community have the right to participate in formulation of their role in theISGA.

2/ Composition of the ISGA

2.1 The ISGA shall consist of such number of members as may be determined by the parties to this agreement.

2.2 The composition of the ISGA shall be:

2.2a Members appointed by the LTTE,

2.2b Members appointed by the GOSL, and

2.2c Members appointed by the Muslim community in the north-east.

2.3 The number of members will be determined to ensure:

2.3a An absolute majority of the LTTE appointees in the ISGA

2.3b Subject to (a) above, the Muslim and Sinhala communities in the north-east shall have representationin the ISGA.

2.4 The chairperson shall be elected by a majority vote of the ISGA and shall serve as the chief executiveof the ISGA.

2.5 The chairperson shall appoint the chief administrator for the north-east and such other officers as maybe required to assist in the performance of his/her duties. The chairperson shall have the powers to suspendor terminate any such appointment.

3/ Elections

The provisions of Clauses 2.2 and 2.3 shall continue until elections for the ISGA are held. Such electionsshall be held at the expiry of five years of the coming into force of this agreement, if no final settlementhas been reached and implemented by the end of the said period of five years.

An independent Election Commission, appointed by the ISGA, shall conduct free and fair elections inaccordance with international democratic principles and standards under international observation.

4/ Human rights

The people of the north-east shall be accorded all rights as are provided under international human rightslaw. Every law, regulation, rule, order or decision of the ISGA shall conform to internationally acceptedstandards of human rights protection.

There shall be an independent human rights commission, appointed by the ISGA, which shall ensure thecompliance with all such human rights obligations.

The commission will seek the assistance of international human rights bodies to facilitate the rapidestablishment of an effective regime for protecting human rights.

The commission shall be entitled to receive petitions from any individual person, award compensation to anysuch affected person, and ensure that such person's rights are restored.

5/ Secularism

No religion shall be given the foremost place in the north-east.

6/ Prohibition against discrimination

The ISGA shall ensure that there is no discrimination on grounds of religion, race, caste, national orregional origin, age or gender in the north-east.

7/ Prevention of bribery and corruption

The ISGA shall ensure that no bribery or corruption is permitted in or under its administration.

8/ Protection of all communities

No law, regulation, rule, order or decision that confers a privilege or imposes a disability on anycommunity, which is not conferred or imposed on any other community, shall be made concerning culture orreligion.

9/ Jurisdiction of the ISGA

9.1 The ISGA shall have plenary power for the governance of the north-east including powers in relation toresettlement, rehabilitation, reconstruction, and development, including improvement and upgrading of existingservices and facilities (hereinafter referred to as RRRD), raising revenue including imposition of taxes,revenue, levies and duties, law and order, and over land.

These powers shall include all powers and functions in relation to regional administration exercised by theGOSL in and for the north-east.

9.2 The detailed modalities for the exercise of such powers and the performance of such functions shall besubject to further discussion by the parties to this agreement.

10/ Separation of powers

Separate institutions for the administration of justice shall be established for the north-east, andjudicial powers shall be vested in such institutions. The ISGA shall take appropriate measures to ensure theindependence of the judges.

Subject to clauses 4 (human rights) and 22 (settlement of disputes), of this agreement, the institutionscreated under this clause shall have sole and exclusive jurisdiction to resolve all disputes concerning theinterpretation and implementation of this agreement and any other disputes arising in or under this agreementor any provision thereof.

11/ Finance

The ISGA shall prepare an annual budget.

There shall be a financial commission consisting of members appointed by the ISGA. The members should havedistinguished themselves or held high office in the fields of finance, administration or business.

This commission shall make recommendations as to the amount out of the consolidated fund to be allocated tothe north-east. The GOSL shall make its good faith efforts to implement the recommendation.

The ISGA will, giving due consideration to an equitable distribution, determine the use of funds placed atits disposal. These funds shall include the North-east General Fund, the North-east Reconstruction Fund (NERF)and the Special Fund.

The GOSL agrees that any and all of its expenditures in or for the north-east shall be subject to thecontrol of the ISGA.

11.1 North-east General Fund

The North-east General Fund shall be under the control of ISGA and shall consist of:

11.1a The proceeds of all grants and loans made by the GOSL to the ISGA and the proceeds of all other loansmade to the ISGA

11.1b All allocations by the GOSL from agreements with states, institutions and/or other organisationsearmarked in any such agreements for the north-east

11.1c All other receipts of the ISGA, other than the funds specified below.

11.2 North-east Reconstruction Fund

The NERF shall continue to exist in its present form except that control over it will be transferred to theISGA.

All grants given for the reconstruction of the north-east will be received through the NERF. Utilisation ofresources from NERF will be directly determined and supervised by the ISGA.

11.3 Special Fund

All loans and any grants which cannot be channelled through the NERF for the specific purpose of RRRD willbe received into the Special Fund. As in the case of other funds, the ISGA shall control the Special Fund.

12/ Powers to borrow, receive aid and trade

The ISGA shall have powers to borrow internally and externally, provide guarantees and indemnities, receiveaid directly, and engage in or regulate internal and external trade.

13/ Accounting and auditing of funds

13.1 The ISGA shall appoint an auditor general

13.2 All funds referred to in this agreement shall be operated, maintained and audited in accordance withinternationally accepted accounting and auditing standards. The accounts will be audited by the auditorgeneral. The auditing of all moneys received from international sources shall be subjected to approval by aninternationally-reputed firm appointed by the ISGA.

14/ District committees

14.1 In the effective exercise of its legislative and executive powers, the ISGA may create districtcommittees to carry out administration in the districts, and delegate to such committees such powers as theISGA may determine. The chairpersons of such committees shall be appointed by the ISGA from amongst itsmembers in order to serve as a liaison between the ISGA and the committees.

14.2 The other members of the committees shall also be appointed by the ISGA, which shall have the powersto suspend or terminate any such appointment. In appointing such members, due consideration shall be given toensure representation of all communities.

14.3 The committees will function directly under the ISGA.

14.4 The chief administrator of the ISGA shall appoint principal executive officers in the districts, whoshall also function as the secretaries to the committees. The chief administrator shall have the powers tosuspend or terminate any such appointment.

14.5 All activities and functions of the committees shall be co-ordinated through the respectivesecretaries to the committees.

14.6 Sub-committees may also be appointed to facilitate administration.

15/ Administration

As part of the exercise of its executive powers the ISGA shall have direction and control over any and alladministrative structures and personnel in the north-east pertaining to the powers set out in Clause 9 of thisagreement.

The ISGA may, at its discretion, create expert advisory committees in necessary areas. These areas willinclude but are not limited to economic affairs, financial affairs, judicial affairs, resettlement andrehabilitation affairs, development of infrastructure, and essential services.

16/ Administration of land

Since land is vital to the exercise of the powers set out in Clause 9 (jurisdiction of the ISGA), the ISGAshall have the power to alienate and determine the appropriate use of all land in the north-east that is notprivately owned.

The ISGA shall appoint a special commission on administration of land to inquire into and report on therights of dispossessed people over land and land subject to encroachment, notwithstanding the lapse of anytime relating to prescription.

The ISGA shall determine the term of competencies of the special commission.

17/ Resettlement of Occupied Lands

The occupation of land by the armed forces of the GOSL, and the denial to the rightful civilian owners ofunfettered access to such land, is a violation of the norms of international law.

Such land must be immediately vacated and restored to the possession of the previous owners. The GOSL mustalso compensate the owners for the past dispossession of their land.

The ISGA shall be responsible for the resettlement and rehabilitation of displaced civilians and refugeesin such lands.

18/ Marine and offshore resources

The ISGA shall have control over the marine and offshore resources of the adjacent seas and the power toregulate access thereto.

19/ Natural Resources

The ISGA will have control over the natural resources in the north-east region.

Existing agreements relating to any such natural resources will continue in force. The GOSL shall ensurethat all monies due under such agreements are paid to the ISGA.

Any future changes to such existing agreements should be made with the concurrence of the ISGA.

Future agreements shall be entered into with the ISGA.

20/ Water use

Upper riparian users of river systems have a duty to ensure that there is a fair, equitable and reasonableuse of water resources by lower riparian users.

The GOSL and the ISGA shall ensure that this internationally recognised principle is followed in the use ofwater resources.

21/ Agreements and contracts

All future agreements concerning matters under the jurisdiction of the ISGA shall be made with the ISGA.

Existing agreements will continue, but the GOSL shall ensure that all proceeds under such agreements arepaid to the ISGA.

Any changes to such existing agreements should be made with the concurrence of the ISGA.