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By D.B.S. Jeyaraj
Some readers (Dayan Jayatilleke for one) at least may recall that this column was one
of the earliest to be critical of efforts to forge a joint mechanism between the Government
and the Liberation Tigers of Tamil Eelam to cater to the rehabilitation and reconstruction
of the Tsunami affected regions of the North - Eastern province. This column was
concerned about the powers to be given the LTTE through the proposed joint mechanism.
While not objecting to the principle of sharing power with the LTTE in this respect this
column objected to the tigers being given authority in areas outside their sphere of control
and wanted the LTTE to be restricted only to their areas of control. It was also urged that the
international community remain firm this time and insist through Colombo that the LTTE
accept universal standards of human rights, pluralism and democracy in their administrative
sphere.
These views were expressed as far back as January 30th in an article headed " Tigers play
for high Post - tsunami stakes". It must be stated that very little of the form or content of the
proposed mechanism was known at the time the article was written. Much of what was stated
then is relevant in the current context where the envisaged joint mechanism now known as Post -
Tsunami Operational Management Structure has become the eye of a political storm. Substantial
excerpts from that article are given below -
" A remarkable change almost a sea change seems to have come over in the LTTE
approach towards current issues. The LTTE is now very flexible on the question of
setting up a post - tsunami structure for the North - East. While wanting to head the
envisaged authority the tigers are prepared to accept three joint chief coordinators
representing the Tamil, Muslim and Sinhala communities. It is also ready to set up a
coordinating council representing the affected six North - Eastern with all three
communities.
It is premature to outline the final framework of this envisaged set up. It will not be
applicable to the entire North - East but only to six affected districts. It will also have
specific powers restricted to limited relief related functions. The state machinery in the
form of Government agents and deputies will also be part of the structure. Whatever the
"minimal" powers given there is no doubt that the LTTE will use it as a stepping stone to
enlarge their power. It will be easy because the bureaucracy in those areas is a puppet ,
the population throttled and elected MP's slaves to the LTTE. When the ceasefire came
into effect the LTTE was only permitted to send unarmed political workers to government
areas. Three years later tigers virtually rule the roost in most Tamil areas of the North -
East.
The flexibility displayed by the tigers seems truly remarkable. It was only
last December that the LTTE was planning to announce quitting the ceasefire after Thai
Pongal this year. Now the same LTTE was ready to join the Government in setting up a
joint mechanism. The peace process was stymied by the insistence that an Interim Self -
Governing Authority (ISGA)be set up under sole LTTE control for the N - E. The LTTE
was not prepared to compromise or even accommodate power - sharing options on the
ISGA. The LTTE had been strongly opposed to accommodating the Muslims as an equal
third party in the talks. Now the tigers were ready to be more than generous to Muslim
interests.Moreover the LTTE is seemingly prepared to put the ISGA or nothing demand in cold
storage and opt for a task force type structure with limited and lesser power.
The LTTE "change" is all the more interesting because of the visible "U" turn even in the
post - tsunami phase. The LTTE and its propagandists overseas unleashed vicious
criticism of the government after the tsunami accusing it of blatant discrimination. The
LTTE and affiliated organizations wanted international aid to bypass Colombo and be
channelled directly to them. Working together with the government seemed out of the
question. Now the LTTE is prepared to work with the same government it vilified
constantly.
The government for its part played cheap politics by preventing UN Secretary - General
Kofi Annan from visiting LTTE controlled areas. The Italian envoy in Colombo too was
chastised for daring to visit Kilinochchi. All this was to prevent the LTTE defacto
administration gaining "legitimacy" it was argued. Earlier the same UPFA had criticised
the ISGA proposal on somewhat similar lines. Now the same regime wants to set up a
joint mechanism with the LTTE. If this will not confer respectability, power and legitimacy
to the LTTE what will? Certainly not the Kofi Annan visit.! Only the JVP seems consistent
in opposing LTTE involvement. After all it was the tiger card that was used by
Kumaratunga to topple the UNP government and seek new elections.
As stated in these columns earlier neither the government nor the LTTE are in a position
to go to war in the aftermath of the tsunami. Except for the lunatic fringe on either side of
the ethnic divide no one would accept or approve resumption of armed conflict in the
wake of this monumentally calamitous tragedy. Public opinion will not forgive those who
start war again. There will be international opprobrium against the warmongers too.
If fear of national and international political repercussions is the stick preventing a return
to war there are carrots acting as incentives against war too. Chief among them all is
what makes the world go round - Money! The international donor community is prepared
to dole out massive sums of cash for tsunami rehabilitation and reconstruction. These agencies and
nations want both parties to work together as part of a joint
mechanism.
The tsunami disaster
has provided a worthy and very deserving cause. The immediate rehabilitation and
resettlement of tsunami refugees and reconstruction of affected areas. If both sides
played ball and reluctantly collaborated on post - tsunami renaissance then around 2
billion dollars at least will be doled out. The donors feel now that a collaborative venture
between both sides will strengthen the peace process and pave the way for direct talks.
In the meantime Govt - LTTE interaction on the rehabilitation issue will be positively
advantageous it is felt.
The LTTE too wants money. Nowadays it has become a financial conglomerate trying to
eke, shake, make or take money. The tigers and affiliates like the Tamil Rehabilitation
Organization have raised massive sums of money after the tsunami. Yet these are not
enough to effectively reconstruct the affected areas and galvanise economic activity on
a large scale. So international funds are very necessary. It is not as if the LTTE is driven
solely by concerns for the Tamil people but it knows that money can be raised only in
their name. Mirror image of the Colombo regime. When this aid is obtained and projects
get going the LTTE will directly and indirectly make money.
So for this some compromise is needed. The LTTE has also learnt the hard way that it
cannot lay hands on the big bucks unless and until it enters into a strategic partnership
with Colombo. Tamilselvan who led a tiger delegation to Europe seeking separate funds
for the N - E. and returned empty - handed. A dejected tiger political chief lamented in
an interview that the international countries were not prepared to give the LTTE money
directly. "They will give money only if we and the government seek it together" he said.
Yet after the tsunami the tigers did try and strike out again. They failed and now wisdom
has dawned. The LTTE now knows that it has to "bond" together with the government to
gain funds.
All what seems necessary now is for the LTTE to forge some joint mechanism with
the government for tsunami relief and rehabilitation and make it workable. The government
keeps its so called sovereignty as funds will not be given the LTTE directly but
channelled through Colombo. Tiger affiliates like the TRO could get funds with the approval
of Colombo.
The government may have legal authority over the Country but its writ does not run fully
in the North - East. The LTTE can sabotage any project there. So the LTTE is needed to
execute projects in the N- E. Like the story about the blind man carrying the lame man
on his shoulders to pluck fruit from a tall tree both the government and LTTE are ready
to join forces and share the booty.
When the LTTE wants something it is prepared to adopt any posture that will succeed.
The tigers know that the major opposition to the LTTE being given control of the North -
Eastern structure will come from the Muslim and Sinhala communities. So it is bending
backward to accommodate them. The LTTE is more than generous in allocating
representation and sharing power with the other communities because it does not want
them to obstruct the tigers gaining overall control.
Sharing power nominally does not matter to the LTTE as it has
absolute control over the Predominantly North - Eastern bureaucracy. The tigers have
the unofficial power but not the legitimacy which is needed to get funds legitimately and
officially implement projects.
Apart from access to more funds this nationally and internationally sanctioned legitimacy
is also needed to establish and expand its control among the Batticaloa - Amparai Tamil
people. The tiger base is badly eroded in the East after the Karuna revolt. The power to
rehabilitate tsunami victims will be beneficial greatly. It will also use this opportunity to
coax, cajole and coerce new recruits. The LTTE will also develop its income generating
capacity further by utilising the rehabilitation process. Tiger nominees given fat
contracts will pay their dues to the tigers.. The people will be forced to do "shramadana"
while being on the payroll which will of course go direct to tiger coffers. Tiger taxation will
increase.
Internationally the LTTE will gain more prestige and "legitimise" its fund raising. Security
agencies abroad will not be able to check donations given to a legitimate rehabilitation
authority in the North - East. It can also gain more clout with the Muslim community. It will also
strengthen its position vis a vis the armed forces..Conscription will be made easy.
What is frightening in this scenario is that giving legitimate recognition to the LTTE in this
respect will give tigers "carte blanche" to do what they want in the N - E. Already the
LTTE is accused of diverting, hoarding and misappropriating relief aid. People planning
to go abroad on account of being affected by tsunami are being deprived of official
documents. They have to pay the tigers to get them. There are charges of conscription
from refugee camps too. Against this backdrop the potential for greater abuse and
misuse of power is very much there.
What is perplexing is the move to give control of all affected N- E districts to the LTTE.
The LTTE control Mullaitheevu, Kilinochi districts and parts of Jaffna, Trincomalee,
Batticaloa and Amparai. One can understand the "hobsons choice" involved in areas
under tiger control but extending LTTE "writ" to areas outside their control is incredibly
absurd. An LTTE affiliate like the TRO could be one among several players operating in
government controlled areas if it is visible and accountable but creating an overall N- E
authority is an invitation for trouble. It can only result in more people of the North - East
coming under tiger hegemony.
The LTTE is seemingly flexible only to gain control of a North - Eastern post - tsunami
structure. The international donor community and the liberal intelligentsia in the South
must realise that the LTTE must be made to genuinely adhere to concepts of pluralism,
democracy and human rights in the Tamil areas in order to gain further legitimacy. It
must also be transparent and accountable in executing funds. In this high stakes game
for tsunami relief funds the LTTE may seem to be playing a cool hand but is actually
desperate for legitimacy and funds. It could be pressured to accept international
humanitarian law and universal standards of upholding human rights, democracy and
pluralism. The donor community must raise the ante and call the tiger bluff through
Colombo".
Against this backdrop where this column evinced concern about the LTTE being given
"Carte blanche" through this exercise five months ago reevaluating the situation becomes
necessary. From what information has been made available about the proposed structure
it appears that the Government despite intense pressure has not surrendred to the LTTE.
The Government team in protracted negotiations has remained firm on a number of things.
An intricate system of checks and balances has been put in place to prevent tiger dominance.
In the first place the sphere of authority is restricted geographically. It will extend only two
kilometers inwards from the shoreline in all six tsunami affected districts. There is no
North - East linked structure. each district remains autonmous in function. The term of the
authority will be for one year only. Thereafter extensions are possible depending on the
progress of reconstruction projects.So the tigers will not be able to extend authority officially to all
districts of the N - E
The mechanism is a three tiered structure. At the primary level is the district committee
that will both formulate projects and implement them. At the secondary level is the regional
committee which will approve, allocate ,monitor or reject projects. At the tertiary level is
the high level committee that will allocate funding and monitor such disbursements.
The district committee will be headed (depending on districts) by the GA or a minister
from the district. The district committee will have government officials, elected
representatives, NGO and INGO representatives , LTTE and even security force
representatives. The committees will formulate projects in a way that would reflect
the population ratios of each area.
The regional committee will have ten members. The LTTE will nominate five, Muslim
parties three and the Government two. There will be some NGO and INGO observers too.
The committee will be chaired by a LTTE nominee. As a minority safeguard provision
has been made for two representatives being able to block a project approval or rejection
decision. If the issue is brought up again a seven member vote is required to get it passed.
Likewise the high level committee will have three members representing the Tamil. Sinhala
and Muslim communities. This will be responsible for funds. Here too a decision can be
blocked by a single person. Since consensus is a requirement a Cooling off period called
"suspension of cooperation" will come in if a decision is split. If consensus is not reached
even after that the funds involved will revert back to the treasury. The Suspension period
of the high level committee will not affect the working of the other two committees.
Two representatives from a multi - lateral donor and bilateral donor will sit in as observers
on the high level committee. This committee will authorise the necessary funding for each
approved project. All money coming in will go to the treasury and not the joint mechanism.
The treasury will transfer funds as when necessary according to the high level committee
recommendation.
It appears therefore that adequate safeguards have been built to prevent the LTTE from
dominating the structure or laying hands directly on the money involved. In fact the minority
safeguards may even have a contrary effect. It is theoretically possible for Sinhala and Muslim
representatives to gang up together and block much of the proposals mooted by LTTE nominees.
On the other hand a spirit of compromise and consensus may permeate the entire set up.
The structure however is woefully lacking in the case of human rights. Jayantha Dhanapala
has gone on record that clauses regarding human rights were not possible due to LTTE
opposition. This is a serious problem. Practically a human rights clause wont be effective
if the LTTE wants to violate those rights. If the LTTE does embark on a campaign of violence and
intimidation to pressure the bureaucrats and local NGO representatives there seems very
little anyone can do about it. This is a serious drawback.
Still this does not mean that the joint mechanism project be jettisoned and the LTTE sidelined.
Ground realities prevent it. What should be of paramount importance here is the welfare of the
tsunami affected people languishing for months now. For their sake the joint mechanism should
start functioning. Those worried about the LTTE should keep vigil and see that the checks and
balances system in the scheme be utilised adequately to monitor and prevent LTTE excesses.
The JVP that has two MPs in Trincomalee and Amparai would do well to participate in the
committee and act as a countervailing factor to the LTTE rather than keeping away.
The proposed structure is not perfect or foolproof. Working with the LTTE on an enterprise
like this has its dangers and pitfalls. The LTTE could subvert the mechanism through selective
terror. Yet that cannot be used as an excuse to exclude the LTTE from playinga role in North - east
rehabilitation. If the tigers do engage in corruption, abuse and misuse of powers then it will
only help further alienate them from the Tamil people. In any case it is up to the international
community and other non - LTTE elements of the N - E to keep tabs on the tigers.
If however Sinhala hardline opposition becomes powerful enough as in the past to derail
the mechanism on the grounds that it strengthens and legitimises the LTTE further the
consequences could be drastic. The humanitarian needs of the North - Eastern tsunami
victims cannot be relegated to the backburner simply because the Sinhala chauvinists
have gone bersek. The international community will have no option but to fund LTTE
backed agencies directly for rehabilitation. Colombo will have no control. If that happens
the tigers will gain greater legitimacy. The Sinhala hawks as usual would have done
the tigers a great favour then. Including the LTTE in a joint mechanism certainly
has its share of danger. Excluding it could turn out to be worse.
