Venue

Norwegian Embassy in Berlin, Germany

Date

7-8 February 2003

Negotiating Teams

Government of Sri Lanka: Headed by Prof G. L. Peris (Minister for Constitutional Affairs and Peace). Other members: Milinda Moragoda (Economic Reforms Minister) and Rauf Hakeem (Ports Minister), Bernard Gunatilleke (Director, Peace Secretariat), Austin Fernando (Defence Secretary), Maj. Gen. Shantha Kottegoda.

LTTE: Led by Anton Balasingam, (LTTE ideologue and chief negotiator). Other members: Adele Balasingham (secretary to the peace delegation), “Col” V. Karuna (Batticaloa-Ampara military wing leader), S. P. Thamilselvan (LTTE Political wing leader).

Facilitators

Norwegian Deputy Foreign Minister, Vidar Helgesen, Special Envoy, Eric Solheim, and Norwegian ambassador to Sri Lanka Jon Westborg.

Negative Development

When caught smuggling arms by sea into the island, three LTTE men blew themselves up near Deflt Islands (Nedunthivu) after setting their boat on fire to destroy evidence. Though a major violation of ceasefire agreement just hours before the commencement of the latest round, this incident was not allowed to overshadow the talks.

Outcome

• Negotiators agreed to work out modalities to prevent Nedunthivu-type sea incidents from occupying in future. A meeting will soon be held between the GOSL, LTTE and Sri Lanka Monitoring Mission (SLMM) to work out effective safeguards.

• It was agreed to establish three committees, one in each district of the Eastern Province, to address land issues and other areas of mutual concern. These committees will consist of six representatives of the Muslim population and six representatives of the LTTE. The work of the committees will start immediately. Similar committees will be appointed to address such issues relating to other communities as and when required.

• After reviewing the progress on work of the Sub-Committee on Immediate Humanitarian and Rehabilitation Needs in the North and East (SIHRN), the urgent need to commence humanitarian and rehabilitation activities in the north and east were underscored.

• Appeal made to the international community to make funds available for immediate humanitarian and rehabilitation needs in the north and east was reiterated.

• The LTTE promised a "complete cessation" of both recruitment and enrolment campaigns of those aged below 18 years. An action plan is also to be worked out between the Tigers and the UNICEF, which would comprise rehabilitation assistance, including provisions for schooling, vocational training, employment facilitation, and health and psychosocial care, with the active support of the Government. The Tamil Rehabilitation Organisation is also expected to assist the vocational training.

• It was agreed to request the former Director-General of Amnesty International, Ian Martin, to prepare a road map encompassing:

1. Substantive human rights activities and commitments to be implemented throughout the negotiation process;

2. Effective mechanisms for the monitoring of human rights;

3. Training of LTTE cadres and GOSL officials in human rights and humanitarian law; and

4. Training of police and prison officers.

• Both the parties decided to take-up the fiscal issues of federalism in the next round of talks.

• The LTTE reiterated their commitment once again for peace and non-return to war.

Previous Rounds

I: September 16-18, 2002 at Sattahip Naval Base, Thailand

II: 31 October-3 November 2002 at Rose Garden resort in Nakorn Pathom, Thailand

III: 2-5 December 2002, Radisson Plaza Hotel, Oslo

IV:  6-9 January 2003, Rose Garden resort in Nakorn Pathom, Thailand

Next Round

Sixth round; 18-21 March 2003, Hakone, Japan (expected).

Assessment

Despite serious violations of ceasefire agreement by the LTTE, the smooth progress of talks indicates a commitment to peace and maturity by the Government of Sri Lanka. This does not mean that one can have doubts about the Tigers’ march towards peace. But, the activities on the ground are not on focus with the statements made on the table. As agreed, both parties need to sit and resolve how to avoid such violations in future. If not, it will be hard for funds from the donor community to materialize in a fragile environment, notwithstanding any number of combined appeals. The LTTE’s pledge of “no more child conscription” is not new. In 1998 they had promised the same to Olara Otunnu, UN Special Representative of the Secretary-General for Children in Armed Conflict, but soon began their conscription. Their recruitment increased many fold, especially after the ceasefire agreement. The roadmap on human rights looks good, but how far is it going to work. One has to wait and watch. The appointment of three committees on the issues concerning Muslims is a welcome step. However, it is not clear why there are neither Government nor international representatives on the committees. Given the fractious nature of relations between the Muslims and the LTTE, third party moderation would help in their smooth functioning.