US embassy cable - 05COLOMBO1258

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001258 
 
SIPDIS 
 
STATE FOR SA/INS, NSC FOR DORMANDY, LONDON FOR BELL, 
USPACOM FOR FPA 
 
E.O. 12958: DECL: 07/18/2015 
TAGS: PTER, PHUM, PGOV, CE, LTTE - Peace Process, Political Parties, Tsunami 
SUBJECT: DETERIORATING SECURITY ALARMS CO-CHAIRS 
 
REF: A. COLOMBO 1217 
     B. COLOMBO 1224 
 
Classified By: AMB J. Lunstead.  Reason :1.4 (B) and (D) 
 
------- 
SUMMARY 
------- 
 
1.  (C) The July 15 ruling by the Sri Lankan Supreme Court 
(SC) concerning a constitutional challenge to the 
Post-Tsunami Operational Management Structure (P-TOMS) 
(SEPTEL) combined with the Government of Sri Lanka (GSL) 
refusal of the Liberation Tigers of Tamil Eelam (LTTE) 
ultimatum to increase Sri Lankan Army (SLA) protection of 
LTTE unarmed cadres, as well as the mutual attacks in the 
Eastern Province, has put severe strain on the Cease Fire 
Agreement (CFA).  The Norwegian mission, in consultation with 
the U.S. Ambassador, has drafted a statement for all co-chair 
Chiefs of Mission to release in support of the CFA. The Sri 
Lankan Monitoring Mission (SLMM) has also drafted a 
compromise on the LTTE's demand for transportation security. 
Violence continued in the East and other areas.  END SUMMARY. 
 
----------------------------------- 
STAY OF P-TOMS FURTHER ENRAGES LTTE 
----------------------------------- 
 
2.   (C) The SC ruling that four articles of the P-TOMS were 
unconstitutional has effectively squelched the P-TOMS and 
enraged the LTTE.  After recalling all Tamil National 
Alliance (TNA) MPs to LTTE headquarters in Kilinochi for 
consultations, LTTE political head S.P. Thamilchelvan accused 
President Kumaratunga of foot dragging and stated to the 
press, "we have no confidence that Sinhala leaders are 
capable of implementing anything they have agreed to."  The 
LTTE has reacted to the GSL response to their ultimatum 
(REFTEL A) for increased security by the SLA as a refusal. 
Thamilchelvan went on to tell reporters, "If the GSL is 
unable to provide the required security to our cadres, we 
will have to resort to our own arrangements to provide our 
own security.  You will likely hear of consequences if and 
when Sri Lanka armed forces attempt to restrict our 
movements."  The SLMM will present a compromise solution to 
Dr. Jayantha Dhanapala, Director of the GSL Peace Secretariat 
on July 18.  Despite prior statements by the LTTE press 
spokesman (REFTEL B), the LTTE has not notified the Norwegian 
facilitators of their intention to withdraw from the CFA. 
 
---------------------- 
CONTINUED VIOLENCE 
---------------------- 
3.  (SBU) Violence has continued throughout the East and 
other areas: 
-- In the Eastern province city of Trincomalee, hostilities 
peaked on Thursday July 14, with no incidents in the city 
over the weekend.  The head of the USAID OTI office in 
Trincomalee described GSL security forces out in force 
conducting random searches.  She said that the streets are 
empty, the town is eerily quiet and the level of tension is 
high. 
-- To the south, in the Batticaloa district, one SLA soldier 
was killed on Saturday July 16 in a style indicative of an 
LTTE pistol team attack. 
-- In the Eastern province's Ampara district a three-wheeler 
driver and two Muslim passengers were bound and executed and 
their vehicle burned.  (NOTE: This tactic does not match 
prior extra judicial killings and could just be criminal. 
END NOTE) 
-- In the North Western province's Puttalam district, a man 
was arrested after shooting an alleged member of the break 
away anti-LTTE Karuna faction. 
-- In Northern province's Mannar district, police arrested 
seven people smuggling explosives on the beach and recovered 
16 claymore mines and assorted demolition supplies. 
-- There were unconfirmed reports that withdrawing LTTE 
political cadres were telling Tamils to be ready to take up 
arms. 
 
---------------- 
FIRST AID TO CFA 
---------------- 
4.  (C)  Norway has been successful in getting the GSL to 
agree to talks on restoring the CFA.  However, the LTTE has 
not responded.  Norwegian Charge d' Affairs Oddvar Laegreid 
will travel to Kilinochi on Wednesday July 20 to tell the 
LTTE that the GSL is willing to hold CFA talks and to press 
the LTTE to participate.  The UK Foreign Ministry will 
deliver the same message in London to Anton Balasingham, the 
LTTE's chief negotiator. On Friday July 22, all Co-chair 
Chiefs of Missions (COMs) will attend a meeting with 
President Kumaratunga.  Over the weekend, Oslo drafted a 
statement in support of the CFA.  In consultations with the 
Ambassador, Laegreid prepared a draft for the COMs.  Pending 
the concurrence of all COMs the statement will be released 
tomorrow, July 19.  The text appears below: 
 
Sri Lankan Government and LTTE must urgently address threats 
to Ceasefire Agreement 
 
The Co-chairs of the Sri Lanka peace process, the EU, U.S., 
Japan and Norway are alarmed by the deteriorating security 
situation in Sri Lanka. 
 
Since February 2005 there has been an escalation of violence 
resulting in the killings and injuring of persons associated 
with both the GOSL, the LTTE and other political groups. 
Unless security is guaranteed, a central pillar of the 
Ceasefire Agreement will be undermined.  If the Ceasefire 
Agreement ceases to function, the wider peace process would 
be gravely jeopardized and international support for that 
process deeply eroded. 
 
The Co-chairs call on the Government of Sri Lanka and the 
LTTE each to take immediate action to prevent killings.  The 
LTTE must stop all killings by their forces.  The Sri Lankan 
government in accordance with the Ceasefire Agreement, must 
guarantee the security of all unarmed LTTE cadres in 
government-controlled areas and ensure that all paramilitary 
groups are disarmed and kept under control. 
 
Maintenance of the Ceasefire Agreement is the responsibility 
of the two parties alone.  In this effort, they have had the 
excellent assistance of the Sri Lanka Monitoring Mission and 
the full support of the international community.  The 
Co-chairs believe that it is time the parties demonstrate the 
seriousness of their commitment to the Ceasefire Agreement by 
coming together to resolve outstanding issues and renew their 
cooperation.  the SLMM can only fulfill its functions under 
the Ceasefire Agreement if the parties actively demonstrate 
the will to uphold the agreement. 
 
------- 
COMMENT 
------- 
5.  (C) P-TOMS is effectively dead with little hope of 
resuscitation.  This is a severe blow to President 
Kumaratunga and her minority government.  The JVP's fortunes 
are rising and the LTTE's rhetoric is escalating to match the 
JVP's.  In a meeting last week, Kumaratunga told the 
Ambassador that she believed the attacks on the SLA were the 
work of "other extremist political parties," implying JVP 
involvement.  This theory strains credibility.  Friday's 
meeting between the Co-chairs and Kumaratunga will be an 
important gauge of her situational awareness, resolve, and 
ability to stabilize the CFA. 
 
LUNSTEAD