“There is a misperception that this conflict merely involves two ethnic communities – the Tamil people and the Sinhala people. While it may be possible to look at the CFA in that light because the CFA involves a cessation of hostilities between an armed Tamil group and the government of Sri Lanka, the CFA does nothing to solve the problems of the Muslim people. These problems can only be resolved by adopting a political approach that goes beyond the CFA and in that process it is very necessary, indeed indispensable, that the voice of the Muslim people be heard…….It is imperative that the voice of the Muslim community should be heard on behalf of their displaced people at the negotiating table itself”. – Lakshman Kadirgamar in Parliament on October 21, 2003

By D. B. S. Jeyaraj

Chandrika Bandaranaike Kumaratunga deserves to be congratulated for initiating steps to revive the defunct peace process. Instead of being constrained by her earlier stance of displaying hostility towards the Liberation Tigers of Tamil Eelam (LTTE) she has extended the olive branch to the Tigers.

Whatever her hidden agenda may be the act of trying to talk to the LTTE again is by itself commendable because of the harsh reality that lasting peace would not be possible without Tiger consent.

Chandrika’s U turn

As stated in these columns earlier, Kumaratunga is performing a remarkable U turn now as earlier and she and her party along with the new ally had all been unequivocally critical of several aspects of the Oslo brokered peace process .

Despite facing the polls on a platform criticising the process she now seems to be following in the footsteps of Former Prime Minister Ranil Wickremesinghe thereby implying that the United National Front (UNF) had done nothing wrong in pursuing peace with the LTTE.

Unfortunately Kumaratunga in her burning desire to establish rapport with the LTTE and get the peace process going smoothly seems prepared to sideline or ignore other claims capable of affecting or retarding this objective.

However, just as these other claims may be, they are all of no consequence at present as far as Kumaratunga is concerned because her paramount goal is to curry favour with the Tigers and resume talks as soon as possible.

A major casualty in this respect is the just and legitimate claim of the Sri Lankan Muslim community that it should be represented at the talks along with representatives of the Sinhala and Tamil communities.

Due to practical necessity the government does not seem keen in accommodating the Muslims at the talks during this juncture because the LTTE is opposed to it. This is nothing but crass opportunism as this government during its opposition phase had been severely critical of the UNF for not making the talks tripartite.

The LTTE continues to remain rigid on the question of including a separate Muslim delegation at the talks as a third party. The statement issued by United People’s Freedom Alliance (UPFA) General Secretary Susil Premjayanth endorses this stand implicitly.

The LTTE does not deny that the Muslims have particular problems needing resolution but are reluctant to award third party status at the talks at this point of time.

There is a feeling shared by several Tamils that the Muslims need not be given representation at the talks because the community did not “fight for its rights against Sinhala might” like the Tamils.

The Muslims are perceived as the ‘third party’ that chose to throw in its lot with the Sinhala rulers of the day instead of joining hands with their Tamil speaking brethren and fight for their rights.

The Muslims are being depicted as ‘cats on the wall’ now jumping into the fray and demanding their fair share without sacrificing anything in the struggle.

The Muslim leaders have not made things easier by their disunity and unrealistic, ill expressed sentiments.

The Muslims are yet to forge a common front and articulate their aspirations in concrete form. Many engage in provocative utterances against the Tamil people in their anger towards the Tigers.

No Muslim leader in recent times has expressed support for any legitimate demand proposed by the Tamils. Instead some only parrot the cry that the Muslims should be given whatever that is given to the Tamils. Others make threats that the Muslims will sabotage Tamil aspirations.

All this increases Tamil trepidation that the Muslims will be used as an undermining factor by the Sinhala power structure. The fear that Muslims as a third party in the talks will side with the Sinhalese to the detriment of the Tamils is one reason for Tamil reluctance in accommodating Muslims.

Added to these general Tamil doubts is the particular Tiger trait of hogging all power for themselves. The LTTE does not want any other Tamil party at the talks. They do not want to share the limelight with even their parliamentary slaves the Tamil National Alliance (TNA). So the Muslims come further down in LTTE pecking (or chewing) order.

Compounding matters further is the systematic propaganda by interested parties among Tamils that only the Tamils suffered in the ethnic strife at the hands of the Sinhala state and that the Muslims were spared suffering. Furthermore, the action of some Muslim homeguards and criminal mobs in attacking Tamils in collaboration with the security forces is highlighted. So Muslims need not participate in talks as they are not affected goes this line of thought.

Muslims indeed suffered

The truth however is that Muslims of the north – east have indeed suffered. By a tragic irony they suffered more at the hands of their Tamil speaking brethren. The mass expulsion of Muslims from the north and all their possessions being seized is a human tragedy.

The gunning down of Muslims while praying at the mosques of Kattankudi and Sammanthurai are terribe crimes against humanity; the massacre of innocents in places like Eravur, Alinchipattanai and Muthukkal etc. are horrors indeed.

The continuous abduction and taxation of eastern Muslims, the protracted yet regular killings of Muslims, the seizure of lands and livestock, restrictions imposed on trade and fishing, the engineered ‘riots’ etc. are all proof of Muslim suffering at the hands of the LTTE and by extension the Tamils.

Moreover, there is a fundamental difference between the LTTE perspective of the ethnic problem and other parties notably the Sinhala and Muslim parties. The LTTE sees the crisis as one between two nations namely “Sinhala” Sri Lanka and “Tamil” Eelam. The problem can only be resolved on that basis. Many Tamils subscribe to this viewpoint and not everyone is a Tiger.

The other position is that Sri Lanka belongs to all its people and that the north-east is only the area of historic habitation of the Tamil people. If the Sinhala hegemonists claim Sri Lanka is the exclusive preserve of the Sinhala Buddhist people the Tamil ultranationalists want it to be divided in two. The third and appropriate option is to recognise this country for what it is exactly and treat it as such – a truly multi-ethnic, multi-religious country.

Since the LTTE subscribes to the two nation theory there is no space in its vision for tripartite talks. If Muslims want to be included they can attend as part of the government delegation as Rauf Hakeem did in the UNF-LTTE talks. Later a separate Muslim delegation can be included when the particular problems of north-eastern Muslims are discussed.

The LTTE in its proposal for an interim administrative council for the north-eastern Province says nothing explicitly about rights of the Muslims. There is an ambiguous clause about negotiations with Muslim representatives and the LTTE. Presumably both parties will be discussing matters of concern to the Muslims at some point of time.

A press conference was held in Kilinochchi on May 11 after Norwegian Foreign Minister, Jan Petersen met LTTE leader Velupillai Pirapaharan. Tiger political adviser and chief negotiator, Anton Balasingham conducted it. One question asked of him was about Muslim participation in talks.

Balasingham replied that there were several matters needing finalisation regarding direct talks between the government and the LTTE. Therefore, it was not practical for Muslims to be included as a separate entity at the talks now. Later when problems affecting Muslims are discussed they could be accommodated as a third party.

Thus the LTTE is following its earlier line. It does not deny the Muslims a place at the negotiating table but says the time is not ripe. The LTTE will keep the talks bilateral as long as possible as there is lurking suspicion that people like Ferial Ashraff and A.H.M. Athaullah will be pliable tools of their Sinhala bosses in thwarting Tamil aspirations.

The Kumaratunga government like that of its predecessor has taken the path of least resistance. Using the Tiger stance as a convenient excuse the UPFA too does not want to include the Muslims at the talks now. The statement issued by Premjayanth tries to cite precedent in justifying the position that only the LTTE and UPFA will be represented at the talks.

Kumaratunga’s chief focus at present is to ingratiate herself with the LTTE and get the talks started. So even Kadirgamar – Bala Annai’s bete noir – will be excluded from the talks for fear of irritating the Tigers. Fat chance then for the Muslims to be included right now.

So the very same People’s Alliance that criticised Wickremesinghe severely for omitting Muslim representation at the earlier talks is now going to emulate the UNF in its new avatar as UPFA. The very same Ferial Ashraff and Athaullah who were critical of Hakeem for not pushing Muslim claims for separate representation will now keep quiet as they are part of the government.

The Muslim Congress now in the opposition is better positioned to take on the government for excluding the Muslims. There was a time when Rauf Hakeem boasted that no government could be made or unmade without SLMC help. The present government lacking a viable majority is already in the saddle.

Two conditions

Efforts however are on to woo the Muslim Congress. Hakeem told the Navamani a Tamil journal specialising in Muslim affairs that 10 ‘posts’ had been offered to the SLMC if it joined the government. The SLMC politburo after prolonged discussions on May 10 decided that it would support the government on two conditions namely abandoning the constituent assembly proposal and ensuring separate Muslim participation at the peace talks.

The response of Kumaratunga towards the SLMC offer is yet to be seen. However attractive the offer is the government will be wary in accepting it if the separate Muslim delegation demand is non – negotiable. Her priority is to keep the Tigers happy and keep the talks going. Hakeem agreeing to defer the demand for a while may be welcome.

In any event Kumaratunga is very likely to get 10 Up Country Tamil seats (CWC -8;UCPF -2) directly in her fold very soon. Also if talks get going with the LTTE there is also the prospect of 22 TNA parliamentarians supporting her and at the very least not opposing her. So SLMC support, though welcome may not be that important if the arrangement upsets the LTTE.

While Kumaratunga’s practical difficulties in accommodating a Muslim delegation is understandable her attitude however cannot be condoned. Expediency at the cost of principle is not acceptable under any circumstance. As Executive President she has to hold the scales evenly among all communities. Moreover a large number of north – eastern Muslims voted for her party despite the JVP link because they expected a fair deal from her.

The simple truth

Whatever the LTTE may say the simple truth is that there is no valid reason whatsoever for excluding a separate Muslim delegation to the talks at any point of time. The Muslims are the third largest ethnicity in the island and the second largest community in the north – east. The north – east is the traditional homeland of the Muslims too. Besides recent demographic changes have made Muslims the single largest entity in the east.

The argument that the Muslims could be included at the appropriate time when issues affecting them are discussed is not valid. The Interim Self – Governing Authority (ISGA) proposal of the LTTE is not a simple idea to be disposed of quickly. It requires much discussion and would need intense negotiations that constitutional reform talks will take.

The Muslims cannot be relegated to a ‘second eleven’ role in this. Also one cannot see how the Muslims can be excluded from discussions on issues not affecting them as opposed to being included in discussions on matters affecting them. The Muslims are 37% of the east and 18% of the eorth-east. They are or were (before expulsion) living in every district of the N-E. They are the majority in two districts.

The Muslims have an inalienable right to participate in any meaningful discussions aimed at determining the future of Sri Lanka in general and the north-east in particular. So, be it the composition, structure, powers, functions etc. of the proposed ISGA, the Muslim representatives have to be involved in each aspect because every issue affects them.

Apart from direct military matters concerning the government and LTTE all other issues involve Muslims too. If negotiations without Tamil representatives is like staging the Ramayana without Rama then talks without Muslim representatives is like the same epic without Lakshmana. Neither the government nor the Tigers are granting any concession to the Muslims. They simply have to recognise Muslim rights and not seek to suppress them.

The LTTE is adopting double standards when it says on the one hand that talks should resume on the basis where it ended last year and say on the other that Muslims can be included only when matters progress and during finalisation.

If things are to begin from the point where it ended last year then the Muslims have to be included as the decision had already been made. If the Muslims are to be kept out on the premise that everything is beginning anew then even discussions on the ISGA cannot take place.

The demand for Muslim inclusion at the talks is not a fresh demand. It is an old one. More importantly it is one that had gained acceptance from all parties concerned. The LTTE, UNF, Norway, international community etc. have all agreed on the matter. Let us refresh our memory on this issue.

A debate

A debate was held in parliament on the initiative of the north – eastern Muslim Parliamentary forum on October 21, 2003. Rauf Hakeem tabling the motion outlined clearly the prevailing consensus on the issue. This is what Hakeem said then.

“Whereas the leaders of the Sri Lanka Muslim Congress (SLMC) and the LTTE in a joint statement dated April 13, 2001 agreed that Muslims should be represented at future negotiations for peace by a separate delegation.

Whereas on September 3, 2002 a press release issued by the Royal Norwegian Embassy in London following a meeting between Rauf Hakeem and Dr. Anton Balasingham, chief negotiator of the LTTE announced that it was agreed between them that Rauf Hakeem would participate at future rounds of peace talks as the head of a Muslim delegation representing the community.

“Whereas in the opening statement, head of the government delegation at the inaugural secession of the peace talks at Sattahip in Thailand, G. L. Peiris, emphasised that Rauf Hakeem will in due course participate in the talks in his capacity as leader of the SLMC and as the head of a Muslim delegation.

“Whereas it was agreed at the plenary session of the peace talks held in Oslo in November 2002 that ‘the parties agreed to explore a solution founded on the principles of internal self determination in areas of historical habitation of Tamil speaking people, based on a federal structure within a united Sri Lanka. The parties acknowledged that the solution has to be acceptable to all communities.

“Whereas the Prime Minister in his opening remarks at the conference in Tokyo stated that participation of a Muslim delegation at future peace talks is necessary to take the peace process forward.

“Whereas the Tokyo Declaration expressly mentioned the participation of a Muslim delegation as agreed in the declaration at the fourth session of peace talks held in Thailand.

“Whereas the Prime Minister agreed with the leader of the SLMC and included in the discussion paper sent to the LTTE that a separate Muslim delegation should participate at the future rounds of peace talks.”

Hakeem ended his presentation by saying “I hope this makes a convincing case to field a separate delegation and I request your support.” If this was the situation just two weeks before Kumaratunga staged her unilateral action of seizing three ministries let us also look at the PA’s opinion on the matter.

Ten considerations

Lakshman Kadirgamar addressing parliament on October 21, 2003 during the course of the same debate made an eloquent address advocating a separate delegation for the Muslims. Like the 10 commandments of Moses or Moosa Nabhi as the Muslims call him, Kadirgamar spoke of 10 ‘considerations’ concerning the issue. .Relevant excerpts are as follows.

“The first consideration is that a durable peace can come only if the just aspirations of all communities in the country are met. Unless the Muslim interests are taken into account and accommodated there is no prospect whatsoever of a durable peace.

“The second consideration is that at the signing of the MOU Muslim concerns were not looked into. The Muslim community in the East is very seriously affected by the consequences of the CFA particularly by the lawless behaviour that is going on, much of it directed against the Muslim community under cover of the ceasefire.

“Thirdly, one of the many fundamental flaws in the CFA, and there are many, was that at the outset the government of the day either did not consult the SLMC which is a part of the government or the SLMC did not press their case for consultation at that time.

“The fourth consideration is that it is inadequate to approach this matter from the point of view of the so-called rights of the ethnic Tamil community alone. The Muslim dimension is something else, it is different.

“The fifth consideration is that there are a number of events which are occurring in the east which directly affect the Muslim people. Muslim villages are being threatened, the Muslims have a very clear sense of insecurity.

“The sixth consideration is that if this state of affairs is allowed to continue unchecked we will have another looming problem of immense magnitude – that is, the possibility of Muslim youth taking to arms. I ask everybody to reflect for a moment seriously about the enormous and far-reaching ramifications of such a situation, both domestically and internationally.

“The seventh consideration is that it is common knowledge that when the Muslims who lived in the Northern Province for more than a century were summarily evicted from their traditional habitation by the LTTE, and were rendered displaced overnight, they lost their homes and their livelihoods.

“The eighth consideration is that on April 13, 2002 after a meeting between the SLMC leader and the LTTE leader there appears to have been an understanding that the SLMC would lead a Muslim delegation to the talks. As of today nothing has come of that understanding.

“The ninth consideration is that the Muslim community who are most directly affected by the ongoing situation must be able to choose the composition of their delegation and the line of representations that they wish to advance.

“The tenth consideration is this. It seems that the leader of the SLMC has found that it has not been possible for him to make his case within the government delegation. He has not been able to carry the government with him in presenting the case of the Muslim community and therefore it appears that he now seeks a wider mandate from the most appropriate forum of all – that is parliament.”

It can be seen therefore that all parties including the present government support the presence of an independent Muslim delegation at the talks. Kadirgamar thundered at the government benches while in the opposition. Now he is part of the government and the country looks up to him to do justice by the Muslims. This column concludes by quoting significant paragraphs from Kadirgamar’s Parliamentary address on October 21.

Reasonable request

“They (Muslims) wish to be represented clearly and solely on the basis of their own interests whether or not those interests converge with the interests of the government and the LTTE, and that is what they are asking for. They are asking for an independent place at the negotiations. That request is eminently reasonable and justified.

“At the moment the negotiations are scheduled between the government and the LTTE. This itself is a flawed situation because the process is exclusive; it is not an expansive process that takes into account the aspirations of all the communities of the country. It is a highly restricted process.

“Therefore, the Muslim community as one of the communities directly affected in the north and east by a final political outcome seeks to be represented independently as a third party to the negotiations which are supposed to lead to an overall political solution. There cannot be a viable final and durable political solution to the problem unless the Muslim community is heard and accommodated in its own right and not by proxy.

“There should not be dictation or manipulation by other parties with regard to the composition of the delegation and the position that they might wish to take. The intrinsic merits, at a political level, of the Muslim case for participation in the talks have been considerably reinforced by a large segment of global opinion.

“The government must now clearly indicate without any hesitation whatsoever that it is prepared to stand by the Tokyo Declaration, and it must indicate without any ambivalence that it has the political will to support that declaration.

“The Sri Lanka Freedom Party (SLFP) has no hesitation whatsoever in endorsing what we consider to be the just claim of the Muslims to be separately represented at the ongoing talks in order to place their case fully with a view to achieving a final political solution which is to their satisfaction. This is their right. They cannot be denied that right.”