The Order comes into force when approved by both houses of Parliament. The proscribed organisation or any person affected by the ban may appeal to the Home Secretary. If the application is rejected, an application for judicial review may be made to a tribunal known as the Proscribed Organisations Appeal Commission. Appeal on a point of law from the decision of the Commission lies to the Court of Appeal.
Widespread concern has been expressed that the ban will affect the Norwegian involved peace process and encourage extremists on both sides opposing peace. The British ban brought to surface the deep divisions in the Sri Lankan society. While the people in the north-east expressed shock and dismay, fearing escalation in the fighting, there was jubilation in the south.
Foreign minister Lakshman Kadirgamar, whose unrelenting international campaign resulted in the ban, was restrained. He told the Sinhalese people not to treat the ban as a matter for exultation and called on the Tamils not to lose heart. Mr Kadirgamar urged the Tamils to ‘tell the LTTE to turn over a new leaf and join hands with the moderates’.
Mr Kadirgamar thanked India for its support and declared that as far as the Sri Lankan government was concerned, the peace process would be on track, but reiterated that a ceasefire before peace talks was inconceivable. The LTTE extended the unilateral ceasefire by another month from 24 February, following a meeting four days earlier between LTTE advisor Anton Balasingham and Norway’s special negotiator Erik Solheim in London. The Tigers again urged the international community to persuade the Sri Lankan government to reciprocate the ceasefire.
Mr Balasingham says, while adversely affecting Tamil interests and severely undermining the current peace initiative, the British decision will encourage Sri Lankan government intransigence and the ‘military path of state violence, terrorism and war’. Mr Balasingham also declared that the peace initiative now depends precariously on the implementation of the Terrorism Act by the British law enforcement agencies.
Tamil observers say that years of discrimination and violence gave rise to the LTTE and the current ban would further strengthen forces within and outside government that will prevent any concession or compromise towards achieving peace. Some analysts believe that the ban will strengthen the hand of Britain and the international community in helping to achieve the legitimate aspirations of the Tamils. Last November, British Foreign Office minister Peter Hain announced that the principle of self-determination and Tamil control of most key policies affecting daily life would be supported by the international community.
They, however, cast doubt over the extent of influence that foreign countries can wield. The international community has had very little success in improving human rights in Sri Lanka (see page 4). Acute humanitarian problems in the north-east have also continued for many years, despite the direct involvement of a number of international agencies.
The Sri Lankan government is expected to intensify its campaign to ban the Tigers in other countries. President Chandrika Kumaratunge will be touring Europe in March. Reports say Canada will follow the example of the UK and introduce legislation to prevent fundraising for terrorist organisations. The President is also expected to reaffirm her commitment to peace. In an interview to CNN at New Delhi in late February, President Chandrika disclosed that a date for talks with the LTTE will be appointed within the next two months. But she expressed doubt whether the LTTE, ‘born and bred in violence’, would embrace the democratic process.
President Chandrika, who was on a three-day official visit to India, met Prime Minister Atal Bihari Vajpayee, reportedly to brief him about developments in the Norwegian peace process. Intervention in Sri Lanka has been a traumatic experience for India in the past, but the regional super power would not relish the idea of aliens in its backyard. Observers believe that India may wish to remain at a distance during peace talks, between the Tigers and government, but close enough to listen to every word.
At home, the government is facing considerable problems. A number of unions have launched strikes or other industrial action for higher wages. In early February, the People’s Liberation Front (JVP) submitted a petition signed by 100,000 workers to the President demanding a wage increase of Rs 5,000. The main opposition United National Party (UNP) has accused the President of acting unconstitutionally by floating the Sri Lankan rupee without notice to Parliament or the Cabinet and has threatened impeachment. The government has introduced austerity measures, including cutting expenditure of 81 ministers and deputy ministers.