While the Norwegian ambassador Jon Westborg continued to hold discussions with various political parties, the delegation met LTTE advisor Anton Balasingham on 15 January in London, to finalise the terms of the MOU. Mr Balasingham has indicated that the MOU may be signed in late February.
While in Colombo, the Norwegian team also met members of the Tamil National Alliance (TNA) who told them that the ban on the Tigers should be lifted. The LTTE, banned under Emergency regulations in January 1998 and then under the Prevention of Terrorism Act (PTA) in July 2001, have been demanding the removal of the proscription before peace talks could commence. LTTE’s political leader Thamilchelvan told foreign reporters in the Vanni on 16 January that the removal of the ban will create a climate conducive for peace talks.
Although the Prime Minister has indicated that the government would seriously consider the request, observers say that the task is difficult. President Chandrika Kumaratunge and the opposition People’s Liberation Front (JVP) have made it clear that they would oppose such a move unless the LTTE publicly makes a declaration renouncing the objective of creating Eelam or separate state in north-east Sri Lanka.
Pledging the opposition People’s Alliance’s fullest co-operation in the peace efforts of the government, former Foreign minister Lakshman Kadirgamar said in Parliament on 23 January that deep thought is necessary on the question of removal of the ban and that precipitate action should be avoided.
The problem is made more difficult by the Sixth Amendment to the Constitution which provides that ‘any person’ may apply to the Supreme Court for the proscription of an organisation which has as its objective the establishment of a separate state within the territory of Sri Lanka [Article 157A (4)]. Unless consensus is obtained or the Constitution amended, the possibility of some person petitioning the Supreme Court will remain.
In early January, the LTTE requested the Indian government to allow peace talks to be held in India and permit the LTTE delegation, led by Anton Balasingham, to reside in Chennai during the negotiations. Although there was no immediate response from the Indian central government, the government of the southern state of Tamil Nadu made clear its opposition.
On 10 January, current Tamil Nadu Chief Minister Panneerchelvam wrote to Indian Prime Minister Atal Bihari Vajpayee indicating that LTTE’s presence in the state would not be tolerated. Ms J Jayalalitha, who is expected to win the by-election in Andipitty electorate in February and return as Chief Minister of Tamil Nadu, is also a well known opponent of the Tigers.
The LTTE were prime suspects in the assassination of former Prime Minister Rajiv Gandhi, who was killed by a suicide bomber near Chennai in May 1991. The Tigers were banned in India in May 1992 under the Unlawful Activities (Prevention) Act. The ban has been renewed every two years and should come up for renewal on 14 May. Meanwhile, the LTTE has been declared a terrorist organisation under the Indian Prevention of Terrorism Ordinance (PODO) of 2001, which empowers the government to impose an indefinite ban.
Both the LTTE and the Sri Lankan government took measures to encourage the peace process. In mid-January Prime Minister Ranil appointed two committees to study the problems of the civilian population in the north-east, including restrictions on fishing, and violations of human rights in the region.
A statement by the Norwegian government on 20 January says that the Sri Lankan government had reciprocated the announcement by the LTTE extending the ceasefire for another month from 24 January. The government also took action to ease restrictions on movement into the Vanni. Rehabilitation minister Jayalath Jayawardena personally supervised the despatch of food to the Vanni in mid-January and pledged that regular supply will be maintained. Following a visit of the Organisation for the Parents of Soldiers Missing in Action, led by EB Nanayakkara, to the Vanni region, the LTTE released ten prisoners on 21 January. Some of the soldiers had been held by the Tigers since July 1993.
Complaints of abductions and extortion against the LTTE, particularly in the east, continued to persist. In mid-January, Sri Lanka Muslim Congress (SLMC) leader Rauf Hakkeem wrote to LTTE chief V Prabhakaran deploring that since August 2001 the Muslim community is in the grip of fear following a spate of abductions by the LTTE for ransom and the seizure of movable property of the Muslims. Mr Hakeem also says that Muslims are not being allowed to cultivate thousands of acres of land belonging to them. The SLMC called for an end to these atrocities and for discussions between the LTTE and his party.