SPECIAL REPORT : Part 413
By Shamindra Ferdinando
Sri Lanka is under pressure to back the US-EU stand on the war in Ukraine. The cash-strapped government, struggling to cope up with the deepening political crisis within the ruling coalition, stepped-up opposition protests, and the growing economic turmoil, is also under pressure to reach a consensus with one-time Liberation Tigers of Tamil Eelam (LTTE) loyal ally/mouthpiece, the Tamil National Alliance (TNA) as part of the overall response to the current difficulties.
President Gotabaya Rajapaksa received the top TNA delegation, at the Presidential Secretariat, last Friday (25). The US swiftly welcomed the twice-postponed talks. The US response indicated that negotiations between the two parties had the Biden administration’s blessings and is in line with their overall strategy. Interestingly, those countries calling the incumbent dispensation to condemn Russia, over the continuing war in Ukraine, while they continued to persecute Sri Lanka, without shame, on apparent trumped up war crimes charges, emanating from the Vanni offensive, in 2009, when the country was fighting the LTTE, “the world’s most ruthless terrorist outfit”(FBI assessment). Except Japan, all other countries, including South Korea, voted for resolutions at the Geneva-based United Nations Human Rights Council (UNHRC) against Sri Lanka on those Western-led charges. Japan abstained.
Instead of working together, to address the issues at hand, the government and the Opposition are pulling in different directions. The All-Party Conference (APC), initiated by President Gotabaya Rajapaksa, at the request of SLFP leader Maithripala Sirisena, MP, is unlikely to facilitate a consensus among the warring political parties.
The failure on the part of political parties, represented in Parliament, to reach a consensus on how to face the daunting economic challenge, is obvious. Although the APC is very much unlikely to achieve consensus on ways and means to overcome the economic crisis and is nothing but a political sham, the talks between President Rajapaksa and the TNA are of crucial importance, if they can hammer out a real deal, unlike the usual failed APC circuses of the past. The TNA that once recognized the LTTE as the sole representative of the Tamil speaking people (2001) and backed the then General Sarath Fonseka at presidential election (2010) after having accused him and his Army of committing war crimes, is obviously taking advantage of the current developments to pursue its agenda. The TNA had no qualms in backing Maithripala Sirisena, who served as the Acting Defence Minister the day the Army killed Velupillai Prabhakaran, at the 2015 presidential election. Therefore, negotiating with President Gotabaya Rajapaksa, who had been the wartime Defence Secretary, shouldn’t overwhelm anyone.
The UK headquartered Global Tamil Forum (GTF), the widely influential Tamil Diaspora outfit, backs the TNA’s efforts to reach a consensus with the government. In fact, the TNA and the GTF have been working together for over a decade and gradually enhanced collaboration. The TNA-GTF dealt with President Sirisena’s administration (2015-2019) after having backed the presidential polls campaign. The late Minister Mangala Samaraweera played quite an important role in building that relationship. Perhaps the highpoint in that relationship was President Sirisena meeting the GTF representatives, Rev Father Emmanuel and Suren Surendiran, in London, in March 2015.
Following the first meeting between President Rajapaksa and the TNA, since the last presidential election, in Nov 2019, top TNA spokesperson President’s Counsel M.A. Sumanthiran announced consensus on four issues, namely (i) setting up of a ‘North-East Development Fund’ to attract investments (ii) releasing of long term LTTE detainees held under the Prevention of Terrorism Act (iii) stopping the takeover of land in the Northern and Eastern regions by successive governments (iv) probing disappearances.
Exclusive talks
The Illankai Thamil Arasu Kadchchi (ITAK), led TNA solidly stood with the LTTE until the very end. At the behest of the LTTE, the TNA relentlessly tried to convince Colombo-based Western embassies to throw a lifeline to the embattled LTTE leadership. At that time, the GTF hadn’t been at least formed and the TNA job was to speak on behalf of the LTTE, both in and outside Parliament. The TNA did its job like an ardent follower.
The Illankai Thamil Arasu Kadchchi (ITAK), led TNA solidly stood with the LTTE until the very end. At the behest of the LTTE, the TNA relentlessly tried to convince Colombo-based Western embassies to throw a lifeline to the embattled LTTE leadership. At that time, the GTF hadn’t been at least formed and the TNA job was to speak on behalf of the LTTE, both in and outside Parliament. The TNA did its job like an ardent follower.The TNA reiterated its commitment to Prabhakaran when the group’s Batticaloa fighting cadre switched their allegiance to the renegade battlefield commander Karuna Amman, in early 2004. At the parliamentary polls, in early April 2004, the LTTE-backed TNA (by stuffing ballot boxes as noted by EU monitors) and helped it to secure 22 seats in the Northern and Eastern Provinces, thereby emerging as the dominant political power therein. That had been the highpoint in the TNA’s parliamentary representation, since its formation in 2001.
Today, the TNA has been reduced to 10 lawmakers, whereas Gajendrakumar Ponnanmabalam (leader of the All Ceylon Tamil Congress [ACTC]) and Thamil Makkal Thesiya Kuttani [TMTK]), led by retired Supreme Court justice C.V. Wigneswaran, have emerged as formidable rivals though their combined parliamentary representation is much smaller than that of the TNA. Both Ponnambalam and Wigneswaran, who entered politics on the TNA ticket to become the Chief Minister of the Northern Province in 2013, represent the Jaffna electoral district.
In case, President Rajapaksa succeeded in finalizing an exclusive agreement with the TNA, the coalition that comprises three political parties, including two former Indian trained terrorist groups would have a clear advantage over other Tamil political parties. In addition to the TNA, ACTC, TMTK, EPDP and the SLFP are represented by Tamil lawmakers, born in the Northern and Eastern provinces.
The TNA appeared to have cleverly exploited the current situation to its advantage. The TNA would receive the backing of UNP leader Ranil Wickremesinghe, though the former deprived the latter of certain victory at the 2005 presidential election. On behalf of the LTTE, the TNA ordered the Tamil electorate to boycott the 2005 presidential election. That move allowed Mahinda Rajapaksa to win the closely contested race with a thin majority of about 190,000 votes. Annihilation of the LTTE’s conventional fighting capability, four years, later during Mahinda Rajapaksa’s first term, should be examined against the backdrop of the LTTE ensuring Rajapaksa’s triumph at the crucial election. With the demise of the LTTE, in May 2009, the TNA has gradually deteriorated. Having realized the TNA’s true status, the TULF deserted the outfit as it didn’t want to be Prabhakaran’s cat’s paw. Years later, the EPRLF abandoned the outfit. Today, the TNA comprised the dominant partner ITAK, PLOTE and a faction of the TELO. But, the grouping wielded immense power due to the continued US backing, as well as Indian support.
TNA’s real intention
What does TNA really want? In spite of repeating concerns over disappearances, those detained under the PTA, and alleged taking over of land in the Northern and Eastern Provinces, the TNA’s real interest is nothing but the formation of North-East Development Fund. Such a mechanism would enable Sri Lanka to attract unlimited foreign investment. During the 30-year war, on a number of occasions, the LTTE, some members of the international community, and the then governments, discussed the formation of special mechanisms to receive funds.
One such mechanism has been included in a tsunami aid-sharing deal between President Chandrika Bandaranaike Kumaratunga’s government and the LTTE, finalised in the middle of 2005. However, the Supreme Court blocked some sections of the clauses in the post-Tsunami Operational Management Structure (P-TOMS). Among the four clauses that had been termed illegal by the Supreme Court were the ones on locating the regional fund headquarters in Kilinochchi, the northern headquarters of the LTTE, and the operations of the regional fund. It would be pertinent to mention that the Supreme Court was moved by the JVP, the then main ally of Kumaratunga’s People’s Alliance. The 39-member JVP parliamentary group quit the government group in late Jun 2005, thereby reducing the administration to a minority.
Two years before the P-TOMS, the LTTE, through the Interim Self-Governing Authority (ISGA) offer, proposed to have the authority to borrow internally and externally, provide guarantees and indemnities, receive aid directly, and engage in or regulate internal and external trade. The LTTE issued the proposal on Oct. 31, 2003, after having quit direct negotiations with Wickremesinghe’s government. The LTTE insisted on having ISGA arrangement in place in the then temporarily merged Northern and Eastern Provinces, consisting of eight administrative districts, until a permanent can be implemented. Both the US and the EU welcomed the ISGA proposal. The ISGA proposal created an explosive situation, both in and outside Parliament. President Kumaratunga acted swiftly and decisively. On Nov 04, 2003, President Kumaratunga suspended Parliament, took over defence, interior and media ministries and ordered troops to be deployed in readiness for any eventuality before declaring a state of emergency. On Feb 07, 2004, she dissolved Parliament and called the general election on April 02, 2004. The JVP contested on the PA ticket. The JVP won 39 seats, including three National List slots. In June, the following year, the JVP walked out of the government parliamentary group over P-TOMS agreement.
The formation of North East Development Fund can quickly consolidate the government’s relationship with the TNA and the powerful Tamil Diaspora grouping. In a way, the eradication of the LTTE completely appeared to have created an environment conducive for closer cooperation between the government and the other Tamil parties.
The disagreement between the government and the TNA over the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill on March 22, 2022, didn’t hinder the March 25 talks at the Presidential Secretariat. The Bill was passed in Parliament with a majority of 51 votes. The TNA is unlikely to allow any other issue undermine its ongoing effort to work out an agreement on the proposed North-East Development Fund.
Internal conflict intensifies
SLPP lawmaker Gevindu Kumaratunga, in the run-up to the presidential election, in Nov. 2019, repeatedly called for a new Constitution that reflected Sri Lanka’s triumph over separatist terrorism. Kumaratunga, who spearheaded the Yuthukama civil society group, didn’t mince his words when he addressed gatherings even before President Gotabaya Rajapaksa. Today, the embattled SLPP leadership has quite conveniently forgotten their main assurance at the presidential and parliamentary polls in 2019 and 2020, respectively, to unveil the draft constitution in Nov 2021.
Can the proposed setting up of the North-East Development Fund be compatible with the current Constitution or the one in the making? Can the proposal overcome possible legal challenges if interested parties moved the Supreme Court like in the controversial case of P-TOMS?
The dissident SLPP group is concerned about the possibility of the TNA taking advantage of the current crisis to pursue its strategy, inimical to Sri Lanka. Being part of the dissident group, Yuthukama cannot certainly keep quiet about the proposed North-East Development Fund. Can there be an exclusive mechanism for the benefit of two provinces? For MP Kumaratunga, the proposed North-East Development Fund is a daunting challenge. Having campaigned for a Constitution that reflected post-war ground realities, lawmaker Kumaratunga will now have to be contend with a high profile setup that may pose a threat to the integrated financial network.
Lawmaker Sumanthiran seems confident that there’ll be no legal challenge to their latest move. The Jaffna District lawmaker appears to have examined all possible hindrance to the proposed North-East Development Fund that may pave the way for a dialogue between the government and the LTTE.
However, the Presidential Media Division (PMD) made no reference to the proposed fund gathering mechanism in its statement issued in English. The TNA’s controversial stand, in respect of hybrid war crimes court, is evidence that regardless of the LTTE’s demise, the group remained committed to its political objectives.
In June 2016, the TNA declared it has reached a tripartite consensus in respect of foreign judges, defence attorneys, investigators, etc., in a Sri Lankan judicial mechanism to probe war crimes. The TNA quoted MP Sumanthiran as having told a ‘Congressional Caucus for Ethnic and Religious Freedom in Sri Lanka’ in Washington that the agreement had been reached following negotiations involving the government of Sri Lanka, the TNA and the US.
The declaration was made in the presence of Sri Lanka’s Ambassador in Washington, Prasad Kariyawasam. Attorney-at-law Sumanthiran stressed that a resolution was moved in Geneva, in Oct 2015, following an understanding that the participation of foreigners wouldn’t be contrary to Sri Lanka’s Constitution. Declaring that he had been personally involved in the negotiations, with the US also participating in that particular process, Sumanthiran said: “There were some doubts created, as to whether the Constitution of Sri Lanka would allow for foreign nationals to function as judges and we went into that question, clarified it, and said yes they can”.
Sumanthiran told the Congressional Caucus that the resolution, accepted at Geneva, had been negotiated and they settled for a hybrid model though they originally asked for an international inquiry. The GTF spokesperson Suren Surendiran told The Island at that time that agreement on the text of the Geneva resolution had been reached following negotiations among what he called the Core Group of members at the UNHRC, the government of Sri Lanka and representatives of Tamils. The agreement on a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators was certainly not negotiable, Surendiran declared, in response to The Island query.
The US-backed TNA project seems to be on track. Current political turmoil amidst the worst economic crisis in the post-independence era will certainly help the former LTTE ally, adapt at pursuing its objectives.
