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,yq;if nrQ;rpYitr;rq;fk; - jpUNfhzkiy - SLRC
r%f khw;wj;jpw;fhd eltbf;ifahsH mzp - TASC
r%f mgptpUj;jp Ma;T epWtdk; - SDRO
nerdy; tp\d; - National Vision
fpof;F ts mgptpUj;jp ikak; - EFFORD
rftho;T mikak; - FCE
r%f ghJfhg;G tiyaikg;G - CPN, TRINCOMALEE
03.12.2004, jpUf;Nfhzkiy |
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In
most internal conflicts, negotiations are seen within an interstate paradigm,
where the attention is focused on the resumption of talks between two
belligerent forces at a high table. This paradigm is based on realist concepts,
which essentially recognise the military balance of power. Ceasefire agreements
are based on a military balance of power. This kind of paradigm focused too much
attention on the high table. The treatment of protracted internal conflicts are
different to inter state conflicts and requires systematic peace building
efforts from below to compliment the work of the high table. This is one of the
most lessons that can be drawn from protracted conflicts elsewhere. The media
and press further emphasise and direct all focus towards the high table, and
when the high table talks collapse the situation is allowed to drift.
In the Sri Lankan context, in the six previous rounds of negotiations, there was
considerable media hype about the two parties meeting in different places in the
world. All the focus of attention was on the results of the high table, with
both sides claiming that the talks were successful until we all woke to be told
that the talks had collapsed. In subsequent statements spokesmen for the LTTE
claimed that nothing had been achieved in the six round of talks!
Getting to the high table should not deflect attention to other problems that
involve the sustainability of the peace process as a whole. In the case of Sri
Lanka there have been protracted negotiations to resolve a protracted conflict.
The lessons that we can learn from these protracted negotiations are that the
parties were not prepared for the talks and were not willing to compromise on
their positions. The result of a failure in negotiations is that there is
considerable escalation of violence. In the case of Sri Lanka every failure in
the talks led to a massive escalation of violence and destruction, and the
rearming of both sides.
Sri Lanka is fortunate in having significant attention by the International
community. The international community is rightly focused on getting the parties
to the table. However successful conflict resolution happens at a particular
pace and dynamic - it cannot be forced and predetermined. In the current
negotiation process in Sri Lanka, efforts by the international community to
impose conditionalities á la Tokyo created a situation where the LTTE did not
attend the donor conference claiming that they did not wish to be brought into a
peace trap. Even more serious was the conditionality imposed by the co-chairs
that significant resources would not be transferred to Sri Lanka until the talks
begin. Once again emphasis is placed on the imperative of a resumption of talks.
The problems of relief, rehabilitation and development are postponed until the
illusory talks begin. The donors may well be advised to also focus on supporting
peace building efforts on the ground as an essential component of the
transformation process.
The Politics of Stalemate
In war stalemate is a situation where no further progress can be made through
military force. It is also a situation where negotiations are stalled and the
parties find it unable to resume talks. A situation of stalemate can be a period
where creative actions can be taken. We need to deepen our understanding of long
drawn out stalemates in conflict situations. Stalemate is better than a return
to war!
Peace building
Peace building is an attempt to promote co-existence in war-torn situations and
unravel intractable issues. Peace building is not based on a military balance of
power, but rather on the pursuit of human security. It is important to
distinguish human security from state security, and move from state-centred
towards human-centred approaches to security. This requires us to broaden our
view of peace. As Kofi Annan said: "Peace means more than the absence of war. …
Human Security embraces far more than the absence of violent conflict. It
encompasses human rights, good governance, access to education and health care
and ensuring that each individual has opportunities and choices to fulfil his or
her potential. ... Freedom from want, freedom from fear and the freedom of
future generations to inherit a healthy natural environment - these are the
interrelated building blocks of human - and therefore - national security."
Human security requires a full transformation of our societies. This goes beyond
only a peace accord. Conflict transformation is to reduce intractability on a
variety of fronts so that transformation is possible. Whilst the realist
paradigm focuses on conflict management, a civil society paradigm focuses on
conflict transformation. In any protracted conflict there are a considerable
number of intractable issues. Intractability means hardened positions,
significant obstacles and mindsets, and structures which require transformation
and change. Focusing on intractability means melting the glacier and
transforming the contours of intractability and helping to transform obstacles
into opportunities.
If we take this as a point of departure then we can argue that, whilst high
table negotiations should remain on the agenda, there should also be a large
number of smaller tables or forums where other intractable issues are addressed.
This can be the role of civil society, whether they are the actions of NGOs,
civil society institutions or religious institutions. This is called Track 2.
The mediation that Track 2 can provide helps to reduce intractability through
more informal frameworks and environments where protagonists can meet and
discuss issues. This can be done through problem solving workshops and many
other forms of dialogic processes outside the limelight of the media.
Reducing Intractability in Sri Lanka
Building Consensus
One of the key areas of intractability in Sri Lanka is the lack of consensus in
the South. Building consensus in the South has been one of the most difficult
and problematic areas of the political culture of Sri Lanka. Here, in spite of
all difficulties, efforts must be made to create a bi-partisan consensus on the
negotiations process. The Mano-Malik talks during the last phase of the UNF
period are an excellent example where representatives of both sides were able to
meet away from the glare of publicity, discuss many problematic issues and come
to consensus. These kinds of informal meetings should be encouraged.
The Muslim Dimension
Another key area in reducing intractability in the Sri Lankan conflict is the
need to find resolution for the Tamil-Muslim dimension in the Northeast. In the
Eastern Province much progress has been made in bringing representatives of the
LTTE and the Muslim communities together to tackle some of these issues. This
includes the North Eastern Muslim Peace Assembly (NEMPA) agreement with the LTTE
regional commanders in the Eastern Province that promotes conflict resolution
and reconciliation. What is important is that at least in the Eastern Province
the relations between Muslims and Tamil are being improved and in large part due
to peace building efforts at the Track 2 level.
The problem of the return of Muslims to their land in the North remains
particularly difficult and complex. Even here though initial steps were taken
and an understanding was reached between SLMC leader Rauf Hakeem and the LTTE in
April 2002. Mr. Hakeem said of these talks: "Solutions to several problems faced
by Muslims have been found. This will calm the apprehension among our people
about the peace process. A joint committee comprising representatives of LTTE
and SLMC will be appointed to co-ordinate affairs related to the return of
displaced Jaffna Muslims to their own homes." The agreement reached though did
not translate into action, another indicator that negotiations and accords
between protagonists are insufficient for resolving conflict situations. If
states are not interested then civil society can take the initiative. The return
of those forcibly evicted from the North is a thorn in the process of
reconciliation and should be addressed as a matter of priority.
The Sinhala Question
The issues faced by the Sinhala communities in areas where they are a minority
need to be understood and addressed. These include serious concern for the Human
Security of Sinhalese in the Eastern Province, and a need to address the
complications faced by Sinhalese who want to return to their homes in the North.
The complexities of the issues faced by the Sinhalese can be reduced and engaged
through civil society initiatives. In all these areas of concern frameworks can
be created and a dialogue started with all parties to reduce intractability and
move towards a process of transformation. This requires that all parties enter
into a dialogic process to understand and comprehend the complexity of these
situations.
Displaced Persons
Another intractable issue is the problem of the return and settlement of large
numbers of Tamil refugees and internally displaced. The spontaneous return of
refugees from India and the desires of the IDPs to return to their homes is a
painful legacy of the war. The highest priority should be given to the
resolution of this problem. The interim administrative proposals would go a long
way in developing mechanisms for the resolution of this problem.
In particular, the problems of the High Security is a continuing eye sore to the
peoples of the North East. The problem puts into sharp relief the dilemmas of
State security and Human security. People who have been displaced from the High
Security wish to return to their homes. Peace building means efforts to unravel
this problem and find step-by-step approaches towards confidence building.
Human Rights in Conditions of Armed Conflict
The ongoing violation of Human Rights, including the Right to Life - "Every
human being has the inherent right to life. This right shall be protected by
law. No one shall be arbitrarily deprived of his life." - is an unfortunate
characteristic of transitions between war and peace. According to the SLMM
records this includes 2604 violations committed. Furthermore, the death toll
during the ceasefire period is indeed alarming; including continued political
killings committed by the LTTE, political killings committed by Karuna forces,
and political killings allegedly committed by the auxiliary forces of the
government. It is important that efforts are made to ensure compliance of the
Cease Fire Agreement by all parties. Low intensity warfare and covert operations
erode confidence and degrade the right to life. Informal efforts should be made
to ensure full compliance of the CFA and the SLMM should prepare a paper on how
best these intractable issues should be resolved.
There are several examples of agreements on human rights, such as those in
Guatemala and El Salvador. These should be seriously studied, for in these
instances the agreements were made separately through many informal discussions
outside the glare of publicity.
Another serious violation of the Ceasefire Agreement is the abduction of
children by the LTTE. Constructive engagements and efforts of UNICEF have
produced interesting agreements but the number of abductions is serious and has
brought the attention of human rights organisations worldwide. Sustained
dialogue needs to take place as to ways in which this problem can be resolved.
What can we learn from other international experiences?
Fratricidal Killings Amongst Tamils
One of the more intractable aspects of such Human Rights violations is the
fratricidal conflict within the Tamil community. Before and after the Thimpu
talks the Tamil militants were more or less united for advancing the Tamil
National question and advancing the right to self-determination. Over a period
of time with the advent of the Indo-Lanka accord a divide took place between the
LTTE and other militant movements who had decided to enter the democratic mains
stream. The LTTE who eventually opposed the Indo-Lanka accord and faced military
confrontation with the IPKF, described the other militants who were support of
the Indo-Lanka accord as 'traitors' and 'mercenaries of the Indian Armed Forces
and the Sri Lankan Government.'
What is tragic about this entire conflict is that while the LTTE claims to be a
liberation movement, celebrating its martyrs, the rest of Tamil movements are
described as provocateurs and mercenaries, or at best political opportunists of
the Sinhala hegemonic state. At some time or other the deepening rift between
these two entities needs to be recognised and resolved. Perhaps it may require
an outsider or insider sympathetic to both elements to create an environment
where a dialogue can begin. There are many examples in history where such
mediation has occurred.
The Right to Language
Another intractable issue that need to be addressed in a road map to peace and
reconciliation. For example implementation of the Tamil Language as a national
language is one of the most neglected aspects of the denial of a fundamental
rights of a people. The denial of the Tamil language as a national language was
one of the main causes of the civil war. This problem still remains
un-addressed. Even today large numbers of people both in the South and the
Northeast are unable to conduct their business in Tamil. Implementation of the
Tamil language as a national language will go a long way in the process of
national reconciliation.
From Stalemate to Conflict Transformation
Whilst the Government of Sri Lanka pronounces that it is prepared for a Federal
solution its practise continues to be the management of a strong hegemonic
Sinhala state. No serious efforts have been undertaken to reform a moribund
Administrative system. Over 95% of the administrative service is Sinhalese. Our
local government structures and provincial government structures are equally
moribund with no power or resources. Working towards dismantling a highly
centralised state becomes a gigantic task which cannot be wished away.
Talks between the parties must certainly resume. We must find creative and
determined alternatives, which involve the reconceptualisation of security
towards human-centred and transformative approaches. In doing this we realise
that the responsibility of transforming the Sri Lankan conflict lies not only in
the leaders of the two parties at the talks, but in each of us as citizens and
members of civil society.
04-12-2004 |
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