The Historiacal MOU between Govt of Sri Lanka
and LTTE on the Peace initiative - 2002 February 21
Preamble
The overall objective of the Government of
the Democratic Socialist Republic of Sri Lanka (hereinafter referred to
as the GOSL) and the Liberation Tigers of Tamil Eelam (hereinafter
referred to as the LTTE) is to find a negotiated solution to the ongoing
ethnic conflict in Sri Lanka. The GOSL and the LTTE (hereinafter
referred to as the Parties) recognize the importance of bringing an end
to the hostilities and improving the living conditions for all
inhabitants affected by the conflict. Bringing an end to the hostilities
is also seen by the Parties as a means of establishing a positive
atmosphere in which further steps towards negotiations on a lasting
solution can be taken.
The Parties further recognize that groups that
are not directly party to the conflict are also suffering the
consequences of it. This is particularly the case as regards the Muslim
population. Therefore, the provisions of this Agreement regarding the
security of civilians and their property apply to all inhabitants. With
reference to the above, the Parties have agreed to enter into a
ceasefire, refrain from conduct that could undermine the good intentions
or violate the spirt of this Agreement and implement confidence-building
measures as indicated in the articles below.
Article 1: Modalities of a ceasefire The Parties
have agreed to implement a ceasefire between their armed forces as
follows:
1.1 A jointly agreed ceasefire between the GOSL
and the LTTE shall enter into force on such date as is notified by the
Norwegian Minister of Foreign Affairs in accordance with Article 4.2,
hereinafter referred to as D-day. Military operations
1.2 Neither Party shall engage in any offensive
military operation. This requires the total cessation of all military
action and includes, but is not limited to, such acts as: a) The firing
of direct and indirect weapons, armed raids ambushes, assassinations,
abductions, destruction of civilian or military property, sabotage,
suicide missions and activities by deep penetration units; b) Aerial
bombardment; c) Offensive naval operations.
1.3 The Sri Lankan armed forces shall continue
to perform their legitimate task of safeguarding the sovereignty and
territorial integrity of Sri Lanka without engaging in offensive
operations against the LTTE. Separation of forces
1.4 Where forward defence localities have been
established, the GOSL’s armed forces and the LTTE’s fighting formations
shall hold their ground positions, maintaining a zone of separation of a
minimum of six hundred (600) metres. However, each Party reserves the
right of movement within one hundred (100) metres of its own defence
localities, keeping an absolute minimum distance of four hundred (400)
metres between them. Where existing positions are closer than four
hundred (400) metres, no such right of movement applies and the Parties
agree to ensure the maximum possible distance between their personnel.
1.5 In areas where localities have not been
clearly established, the status quo as regards the areas controlled by
the GOSL and the LTTE, respectively, on 24 December 2001 shall continue
to apply pending such demarcation as is provided in article 1.6.
1.6 The Parties shall provide information to the
Sri Lanka Monitoring Mission (SLMM) regarding defence localities in all
areas of contention, of. Article 3. The monitoring mission shall assist
the parties in drawing up demarcation lines at the latest by D-day + 30.
1.7 The Parties shall not move munitions,
explosives or military equipment into the area controlled by the other
Party.
1.8 Tamil paramilitary groups shall be disarmed
by the GOSL by D-day + 30 at the latest. The GOSL shall offer to
integrate individuals in these units under the command and disciplinary
structure of the GOSL armed forces for service away from the Northern
and Eastern Province. Freedom of movement
1.9 The Parties’ forces shall initially stay in
the areas under their respective control, as provided in Article 1.4 and
Article 1.5.
1.10 Unarmed GOSL troops shall, as of D-day +
60, be permitted unlimited passage between Jaffna and Vavunyia using the
Jaffna-Kandy road (A9). The modalities are to be worked out by the
Parties with the assistance of the SLMM.
1.11 The Parties agree that as of D-day
individual combatants shall, on the recommendation of their area
commander, be permitted, unarmed and in plain clothes, to visit family
and friends residing in areas under the control of the other Party. Such
visits shall be limited to six days every second month, not including
the time of travel by the shortest applicable route. The LTTE shall
facilitate the use of the Jaffna-Kandy road for this purpose. The
Parties reserve the right to deny entry to specified military areas.
1.12 The Parties agree that as of D-day
individual combatants shall, notwithstanding the two-month restriction,
be permitted, unarmed and in plain clothes, to visit immediate family
(i.e. spouses, children, grandparents, parents and siblings) in
connection with weddings or funerals. The right to deny entry to
specified military areas applies.
1.13 Fifty (50) unarmed LTTE members shall as of
D-day + 30, for the purpose of political work, be permitted freedom of
movement in the areas of the North and the East dominated by the GOSL.
Additional 100 unarmed LTTE members shall be permitted freedom of
movement as of D-day + 60. As of D-day + 90, all unarmed LTTE members
shall be permitted freedom of movement in the North and the East. The
LTTE members shall carry identity papers. The right of the GOSL to deny
entry to specified military areas applies.
Article 2: Measures to restore normalcy The Parties shall undertake the
following confidence-building measures with the aim of restoring
normalcy for all inhabitants of Sri Lanka:
2.1 The Parties shall in accordance with
international law abstain from hostile acts against the civilian
population, including such acts as torture, intimidation, abduction,
extortion and harassment.
2.2 The Parties shall refrain from engaging in
activities or propagating ideas that could offend cultural or religious
sensitivities. Places of worship (temples, churches, mosques and other
holy sites, etc.) currently held by the forces of either of the Parties
shall be vacated by D-day + 30 and made accessible to the public. Places
of worship which are situated in high security zones shall be vacated by
all armed personnel and maintained in good order by civilian workers,
even when they are not made accessible to the public.
2.3 Beginning on the date on which this
Agreement enters into force, school buildings occupied by either Party
shall be vacated and returned to their intended use. This activity shall
be completed by D-day + 160 at the latest.
2.4 A schedule indicating the return of all
other public buildings to their intended use shall be drawn up by the
Parties and pulished at the latest by D-day + 30.
2.5 The Parties shall review the security measures and the set-up of
checkpoints, particularly in densely populated cities and towns, in
order to introduce systems that will prevent harassment of the civilian
population. Such systems shall be in place from D-day + 60.
2.6 The Parties agree to ensure the unimpeded flow of non-military goods
to and from the LTTE-dominated areas with the exception of certain items
as shown in Annex A. Quantities shall be determined by market demand.
The GOSL shall regularly review the matter with the aim of gradually
removing any remaining restrictions on non-military goods.
2.7 In order to facilitate the flow of goods and the movement of
civilians, the Parties agree to establish checkpoints on their line of
control at such locations as are specified in Annex B.
2.8 The Parties shall take steps to ensure that the Trincomalee-Habarana
road remains open on a 24-hour basis for passenger traffic with effect
from D-day=10.
2.9 The Parties shall facilitate the extension of the rail service on
the Batticaloa line to Welikanda. Repairs and maintenance shall be
carried out by the GOSL order to extend the service up to Batticaloa.
2.10 The Parties shall open the Kandy-Jaffna road (A9) to non-military
traffic of goods and passengers. Specific modalities shall be worked out
by the Parties with the assistance of the Royal Norwegian Government by
D-day + 30 at the latest.
2.11 A gradual easing of the fishing restrictions shall take place
starting from D-day. As of D-day + 90, all restrictions on day and night
fishing shall be removed, subject to the following exceptions: (i)
fishing will not be permitted within an area of 1 nautical mile on
either side along the coast and 2 nautical miles seawards from all
security forces camps on the coast; (ii) fishing will not be permitted
in harbours or approaches to harbours, bays and estuaries along the
coast.
2.12 The Parties agree that search operations and arrests under the
Prevention of Terrorism Act shall not take place. Arrests shall be
conducted under the due process of law in accordance with the Criminal
Procedure Code.
2.13 The Parties agree to provide family members of detainees access to
the detainees within D-day + 30. Article 3: The Sri Lanka Monitoring
Mission The Parties have agreed to set up an international monitoring
mission to enquire into any instance of violation of the terms and
conditions of this Agreement. Both Parties shall fully cooperate to
rectify any matter of conflict caused by their respective sides. The
mission shall conduct international verification through on-site
monitoring of the fulfilment of the commitments entered into in this
Agreement as follows:
3.1 The name of the monitoring mission shall be the Sri Lanka Monitoring
Mission (hereinafter referred to as the SLMM).
3.2 Subject to acceptance by the Parties, the Royal Norwegian Government
(hereinafter referred to as the RNG) shall appoint the Head of the SLMM
(hereinafter referred to as the HoM), who shall be the final authority
regarding interpretation to this Agreement.
3.3 The SLMM shall liaise with the Parties and report to the RNG.
3.4 The HoM shall decide the date for the commencement of the SLMM’s
operations.
3.5 The SLMM shall be composed of representatives from Nordic countries.
3.6 The SLMM shall establish a headquarters in such place as the HoM
finds appropriate. An office shall be established in Colombo and in
Vanni in order to liaise with the GOSL and the LTTE, respectively. The
SLMM will maintain a presence in the districts of Jaffna, Mannar,
Vavuniya, Trincomalee, Batticaloa and Amparai.
3.7 A local monitoring committee shall be established in Jaffna, Mannar,
Vavuniya, Trincomalee, Batticaloa and Amparai. Each committee shall
consist of five members, two appointed by the GOSL, two by the LTTE and
one international monitor appointed by the HoM. The international
monitor shall chair the committee. The GOSL and the LTTE appointees may
be selected from among retired judges, public servants, religious
leaders or similar leading citizens.
3.8 The committees shall serve the SLMM in an advisory capacity and
discuss issues relating to the implementation of this Agreement in their
respective districts, with a view to establishing a common understanding
of such issues. In particular, they will seek to resolve any dispute
concerning the implementation of this Agreement at the Lowest possible
level.
3.9 The Parties shall be responsible for the appropriate protection of
and security arrangements for all SLMM members.
3.10 The Parties agree to ensure the freedom of movement of the SLMM
members in performing their tasks. The members of the SLMM shall be
given immediate access to areas where violations of the Agreement are
alleged to have taken place. The Parties also agree to facilitate the
widest possible access to such areas for the local members of the six
above-mentioned committees, cf. Article 3.7.
3.11 it shall be the responsibility of the SLMM to take immediate action
on any complaints made by either Party to the Agreement, and to enquire
into and assist the Parties in the settlement of any dispute that might
arise in connection with such complaints.
3.12 With the aim of resolving disputes at the lowest possible level,
communication shall be established between commanders of the GOSL armed
forces and the LTTE area leaders to enable them to resolve problems in
the conflict zones.
3.13 Guidelines for the operations of the SLMM shall be established in a
separate document. Article 4: Entry into force, amendments and
termination of the Agreement
4.1 Each Party shall notify its consent to be bound by this Agreement
through a letter to the Norwegian Minister of Foreign Affairs signed by
Prime Minister Ranil Wickremesinghe on behalf of the GOSL and by leader
Velupillai Pirabaharan on behalf of the LTTE, respectively. The
Agreement shall be initialled by each Party and enclosed in the
above-mentioned letter.
4.2 The Agreement shall enter into force on such date as is notified by
the Norwegian Minister of Foreign Affairs.
4.3 This Agreement may be amended and modified by mutual agreement of
both Parties. Such amendments shall b e notified in writing to RNG. 4.4
This Agreement shall remain in force until notice of termination is
given by either Party to the RNG. Such notice shall be given fourteen
(14) days in advance of the effective date of termination. Annexes Annex
A: List of goods Annex B: Checkpoints Annex A The Parties agree to
ensure the flow of non-military goods to and from LTTE dominated areas
of the Northern and Eastern Province, as well as unimpeded flow of such
goods to the civilian population in these areas.
Non military goods not covered by article 2.6 in
the Agreement are listed below: - Non military arms/ammunition -
Explosives - Remote control devices - Barbed wire -
Binoculars/Telescopes - Compasses - Penlight batteries Diesel, petrol,
cement and iron rods will be restricted in accordance with the following
procedures and quantities: -Diesel and petrol The Government Agents (GA)
will register available vehicles; tractors and motorcycles in the LTTE
controlled areas.
The GA will calculate the required weekly amount
of diesel and petrol based on the following estimate: Trucks/buses 250
litre/week 4 wheels tractor 310 litre/week 2 wheel tractor 40 litre/week
Petrol vehicle 30 litre/week Motorcycles 7 litre/week Fishing vessels
400 litre/week -Cement Cement required for rehabilitation and
reconstruction of Government property, registered co-operatives; or
approved housing projects implemented by the GOSL and international NGOs
and more affluent members of the society’ will be brought in directly by
relevant institutions under licenses issued by Government Agents.
The GA shall stipulate the monthly quantities
permitted for such project based upon planned and reported progress.
Cement required for individual shops/constructions/house
owners/rehabilitation - initiatives will be made available through the
co-operation on a commercial basis.
The monthly impart for this purpose will be
limited to 5000 bags during the first month and thereafter 10 000
bags/month. Individual sales by the co-operatives will be registered and
limited to 25 bags per household. -Iron rods Iron rods for building
constructions will be brought in to the LTTE controlled areas under
licenses issued by the GA. A monthly reassessment will be made to assess
the possibilities of removal of the above restrictions.
Annex B Checkpoints agreed in Section 2. 7 are
as follows: - Mandur - Paddirupur - Kaludaveli Ferry Point - Anbalantivu
Ferry Point - Mamunai Ferry Point - Vanvunateevu - Santhiveli Boat Point
- Black Bridge - Sitandy Boat Point - Kiran Bridge - Kinniyadi Boat
Point - Valachchenai - Makerni - Mahindapura - Muttur - Ugilankulam -
Omanthai
