Given the lacuna in the present political debate, the Peace Support Group offers An Agenda for Peace to stimulate thinking and discussion during the General Elections of December 2001. We place before the political parties some cardinal ideas that we feel are essential for the country to move toward a peaceful resolution of the ethnic conflict.

No military solution

The Agenda for Peace proposed by the Peace Support Group is premised on the belief that there is no military solution to the present conflict. This is based on the empirical reality that countless military campaigns by both sides have ravaged the country and not resulted in any side achieving decisive victory. This is what is described as a "hurting stalemate" in the language of conflict resolution. In addition, large scale military campaigns have severe humanitarian consequences that are totally unacceptable in light of concerns for human rights. After twenty years of civil war it is very clear that military victory is unattainable and that successive military campaigns take an inhuman toll on the civilian population. The recognition that there is no military solution to the current ethnic conflict must be the starting point for any agenda for peace.

Cessation of hostilities and an effective monitoring mechanism

The war that has ravaged Sri Lanka for over two decades has taken many lives, devastated the economy and destroyed our quality of life. The costs of war and the resulting militarization are too heavy a price to pay, especially since there is no end in sight and no military victory possible. The recent peace initiatives of the business community stem from this recognition of the negative impact of the war on the economy. What the country needs most is a cessation of hostilities so that peace talks may commence in a congenial atmosphere.

The Sri Lankan army and the LTTE are each concerned that the other will use the time and space afforded by a cessation of hostilities to consolidate their military positions and to rearm. The answer to this dilemma is to have an effective monitoring mechanism that inspires confidence on both sides. An international monitoring team including military personnel who are aware of ground realities, is a solution that should be explored. Military personnel may be better able to effectively ensure that undue advantage is not taken by either party during the period of a cessation of hostilities. There must be an end to the death and destruction, especially for the civilian population of the North and the East. It is time to move from the battlefield to the negotiating table. Only a cessation of hostilities with an effective monitoring mechanism can create an atmosphere that will sustain peace talks.

Lift the embargo on essential items with an effective monitoring mechanism

The embargo that has severely restricted the flow of food, drugs and other essential items to the Vanni, continues to have devastating humanitarian consequences. Chronic malnutrition is on the rise. Health facilities are barely available and the lack of essential drugs results in even preventable diseases going untreated. In addition, infectious diseases such as cholera are reported frequently. The lack of permanent shelter and exposure to the elements, further compounds civilian vulnerability to illness and hardship. Restrictions placed on economic activities such as farming and fishing exacerbates civilian suffering, whilst the complete deterioration of physical and social infrastructure denies the people of the Vanni access to public services that are theirs by right. The civilian population of the Vanni is also subjected to extortion and the imposition of levies by the LTTE and pare-military groups working with the security forces. Restrictions placed on the transport of essential items and on the free movement of persons also affects civilians in other areas of the North and East as well.

The start of the peace process should signal a better life for the people living in the North and East. This requires a lifting of the embargo on the free flow of essential items and the restrictions on travel. The security forces are concerned that lifting the embargo will result in the abuse of the process by the LTTE. The LTTE is concerned-that the lifting of the embargo will be obstructed by the security forces. This dilemma can be overcome by establishing another monitoring mechanism made up of individuals trusted by both parties. These individuals could be national, international or a combination of both and they should have extensive experience in dealing with humanitarian concerns in conflict zones. The fear of abuse should not result in untold misery for the civilian population of the North and East. The dignity of the people of the North and East must be restored and their quality of life improved.

Stop human rights violations and forcible recruitment of children

The war has resulted in widespread human rights abuses. Under the guise of the PTA and emergency regulations, scores of individuals are detained every day by the Sri Lankan security forces. Cases of torture and disappearances by the security forces are very common and perpetrators are rarely punished. In addition, the LTTE and members of pare military groups are also responsible for violations of human rights including assassinations. War creates a climate of impunity and gives legitimacy to many acts one will never tolerate in peace time. Rape, custodial rape and the sexual abuse of women are a serious concern. Militarization of society, in particular, the growing number of armed deserters and the easy availability of firearms has resulted in an escalation in crime and violence. Only peace will allow us the opportunity to bring justice to the victims and an end to this cycle of crime and violence.

In recent months there have been many reports of children being forcibly recruited to join the LTTE. Parents have been asked to give children to the movement and other children have been recruited from schools. The recruitment and deployment of children in combat is not only inhuman but a crime of war going against internationally accepted standards including the Convention on the Rights of the Child. The new International Criminal Court Statute makes it clear that recruitment of children into the fighting forces is a crime against humanity. In this context maximum pressure should be brought on the LTTE at the local, national, and international level to ensure that the forcible recruitment of children ceases. We urge the government to invite Olara Otunu, the United Nations Special Representative on Children and Armed Conflict, to revisit the country and to impress on the LTTE that this type of recruitment violates international law and standards.

In addition it must be recognized that in terms of its international commitments, the Sri Lankan government has a positive obligation to guarantee the economic and social rights of children living in the conflict zones. This includes the right to education, the right to health and the right-to an adequate standard of living as pointed out by Mr. Otunu on his visit to Sri Lanka. We urge the government to implement his recommendations as a matter of urgent priority.

The children of Sri Lanka are its future. Peace and respect for human rights are essential to halt the brutalization of the next generation.

Negotiate a political solution to the ethnic conflict with third party international involvement

The present stalemate makes it clear that any solution to the ethnic conflict will have to be based on negotiations between the Sri Lankan government and the LTTE. We have to acknowledge that the Sri Lankan polity has failed to solve the ethnic conflict internally and no individual or group has been able to break through the mutual acrimony and distrust. In addition there are no structures in place that can guarantee and implement any agreement or solution. Both sides need a witness who is impartial and objective. All political parties should welcome the good offices and facilitation process offered by the Norwegian government. Such a process is the only way forward and full endorsement should be given to the Norwegians to continue with their efforts. The international community should also be called upon to give encouragement and support to the Norwegian effort.

An agreement based on power-sharing for the north and east of Sri Lanka

Any agreement resulting from the negotiated process should be based on the concept of power-sharing. The response of successive government to Tamil aspirations has historically been within the framework of administrative decentralization or at best an apologetic attempt to devolve power. Increasingly, there is international acknowledgement that the devolution of power is not a privilege but a right of a territorially placed people. Tamil political leadership considers the Tamils living in the North and the East as a people having the right to self-determination. Successive Sri Lankan governments continue to regard the Tamils living in the North and East as a minority without substantial rights under international law. However, recent developments, even with regard to the rights of minorities have pushed for schemes of regional autonomy. The United Nations Declaration on The Rights of Minorities states clearly that minorities should be given effective participation in governance. The Office of the High Commissioner for Minorities of the OSCE countries has outlined in the LUND Recommendations certain guidelines on what is meant by the term "effective participation". These include power-sharing arrangements at the Centre as well as the right to autonomy of a territorial minority. This right can find expression in confederal, federal, or devolved arrangements depending on the details of the actual negotiations between the parties.

All Tamil political parties from the TULF to the LTTE are united in the belief that the Thimpu principles that recognise Tamil nationality and a traditional Tamil homeland should form the basis of a final settlement to the ethnic conflict. Whilst the Thimpu Principles may pose problems for some sections of the political mainstream in the south of Sri Lanka, the recognition of the Tamil community, as a people with a distinct language, culture, tradition and identity who have for centuries lived in historically identifiable areas must underpin the negotiating process and a final political settlement. Any such settlement should also protect the distinct identity of the Muslim community living in the North and East.

The Primacy of Fundamental Rights and Democracy

International documents clearly state that no scheme of autonomy can allow regional governments to take away the fundamental rights of people living in the region. In the Sri Lankan context, this would mean the strengthening of the Fundamental Rights chapter of the Constitution, The Human Rights Commission and the setting up of regional institutions for the protection of human rights. It would also mean that any political solution to the ethnic conflict must include necessary safeguards in the North and East for a democratic process, free and fair elections and the right to dissent. In addition, special measures should be taken to guarantee the fundamental rights of local minorities living all over Sri Lanka, in particular to protect them from discrimination and displacement.

Equality and non-discrimination

The initial grievances of the Tamil people were related to the denial of equality at the national level. The disenfranchisement of the Hill Country Tamils, the Sinhala Only Act, standardisation of university marks, and other acts of discrimination culminated in the Tamil national movement for autonomy and secession.

Today, Tamil is also recognised as an official language and there is now an Official Languages Commission. Unfortunately, the decisions of the Commission are rarely implemented and Tamils are still at a serious disadvantage in government offices and in receiving government services. Street signs and other such markers continue in many parts of the country to be only in Sinhala. Any government that is seriously interested in resolving the ethnic conflict must demonstrate the political will and commitment to implementing the official language policy that guarantees the language rights of Tamil speaking persons. There is a need to implement the decisions of the Official Languages Commission and to strengthen the Commission to ensure equality for the Tamil speaking community.

In addition, since the 1980s, Sri Lankan Tamil recruitment into the public services has barely been above 1%. This is totally unacceptable and it compounds the feeling of discrimination and alienation experienced by Tamil speaking people. The time has come for temporary special measures including quotas and affirmative action programmes to ensure that there are sufficient Tamil public servants.

It has been argued that Sri Lanka has a Sinhala State. The symbols of the State, whether they be language, religion, culture or official ceremonies are often, Sinhala only. Any settlement must reflect the pluralistic nature of Sri Lankan society and give a multi-ethnic character to the Sri Lankan state.

Comprehensive programmes for reconstruction and rehabilitation

Sri Lanka is a war torn society. It is time to realise that in certain parts of the country, war has been and is the living reality. The devastation and destruction caused by the war calls for large scale programmes for relief rehabilitation and reconstruction. Whatever programmes for relief and rehabilitation exist at the moment are grossly inadequate and are implemented with little consultation with the affected communities. It is a matter of urgent necessity to devise a comprehensive and participatory strategy for reconstruction and rehabilitation in the North and East. We are aware that there has been a process of consultation with regard to relief, rehabilitation and reconciliation between the government, donors, UN agencies and NGOs. The report of these consultations should be made public and the modalities for implementation of the Framework that have been recommended should emerge from a national dialogue. This dialogue must heed the voice of the people of the North and East, the internally displaced, war widoes, ex combatants and the war disabled.

In addition, there must be comprehensive plan to deal with the problems of war-related trauma as a matter of high priority. These are important matters. They cannot wait for the conflict to end.

Reconstruction of the country does not only involve material reconstruction, there must be a process of reconciliation and healing as well. The terrible crimes committed during this war must be acknowledged and justice must be done. In this context, a truth and reconciliation process that encourages self- reflection and allows victims of the conflict to get some form of relief from the perpetrators is essential. The South African model or the model in El Salvador may be considered and adapted to the Sri Lankan context in the post conflict stage to help us come to terms with the cruelty and inhumanity that has characterised this war.

Remembering the dead

Tens of thousands of people have died during this war. We as a society have never mourned these deaths or remembered those who have died. We mourn selectively and in isolation from another. The army mourns its dead, the LTTE mourns its dead and the political parties mourn theirs. The civilian population mourn alone. A sense of community comes primarily from suffering together, being victims as a group. It is important to remember the dead because of the sanctity of life as an end in itself and the value of the person as an individual. It is also important to remember the dead so that we never forget the past and the terrible consequences of violence. This remembrance should be part of our search for healing and reconciliation. It is important to acknowledge and support artists organizations and civil society groups who engage in acts of commemoration in order to create and sustain a climate for peace. Such a climate that privileges the symbols of peace, the ideas of peace and the longing for peace will put pressure on those who negotiate the end of this conflict to negotiate in good faith and with good intentions.

Signatories:

Sunilla Abeysekera (sgn)

Sunil Bastian (sgn)

Radhika Coomaraswamy (sgn)

Sunanda Deshapriya (sgn)

Rohan Edrisinha (sgn)

Ketheshwaran Loganathan (sgn)

Jehan Perera (sgn)

Paikiasothy Saravanamuttu (sgn)

Jeevan Thiagarajah (sgn)

Joe William (sgn)

Javid Yusuf (sgn)