On”Army advances ahead of Parappakandal” – DN

By moshe dyan

A list of evils of the CFA. Not exhaustive.

CFA created lawlessness
1. CFA violated the constitution and many other laws that were put in place after extensive thought by mainly JRJ and his team to defend the country and its people from terrorists, et al. Checks and balances were also put in place to force adherence to lawfulness. This was completely destroyed by the CFA which never had any legal standing in SL. Major rifts were created between the 3 branches of the govt. The dispute in little lanka was converted to a conflict between two nations (one de jure and the other de facto). International conflicts are much worse than internal conflicts.
2. CFA recognized LTTE controlled areas as a separate de facto state. This stopped all law enforcement beyond govt. controlled areas as long as the CFA was to be adhered to. Police stations returned complainants of child soldiers in places like Batti where previously the police and army could exert law and order.
3. This international conflict became unsolvable as there was no legitimacy for one party and it started acting up irresponsibly. It is like North Korea where there was nothing the IC could do to handle it until it voluntarily (supported by carrots and sticks) gave up nuke tests. Without a CFA the IC would never had to worry about the wishes of the LTTE’s de facto state
4. All foreign VIPs visited the LTTE unless stopped by the govt (to the dismay of the IC). This reinforced the notion of a separate state further.
5. CFA created GOSL area, LTTE area and a no-man’s land (NL); this NL became the breeding ground of other terror groups. TMVP was one such product; the CFA multiplied the number of terror groups. Another Muslim group was also present when the govt. could not do anything to stop the serial killing of Muslims during CFA.
6. CFA made NGOs in N-E uncontrollable as many started to report to LTTE and not the GOSL. They brought war material, telecom equip. for tigers and the govt. was tied to the CFA that for the sake of ‘peace’ had to ignore such acts.
7. CFA took away all checkpoints that were a part of the City’s law enforcement (not only against terrorists) without any security assessment. A large number of bombs and sleepers crept to areas outside war zones. Their true strength is undeniably yet to be seen.
8. The CFA contained a section demanding the govt. to dismantle the LRRP. The elitist security force in the country was thus dismantled; national security went to dogs.
9. CFA allowed the LTTE to collect ransom along main highways and elsewhere from visitors and there was nothing the govt could do to stop that. Billions were collected and went into terror acts.
10. CFA imposed a ban on the govt. from carrying out development work through its agencies functioning in LTTE controlled areas (including the RDA, etc.). Under development was a root cause of this war and it further strengthened the LTTE position
11. Foreign donors had to give the TRO indirect funding as they recognized a de facto separate state. By the time they realized that TRO money went into buying 32,000 mortars, etc. etc. it was too late. TRO got money from 2002 to 2007 November from the US until its assets were frozen.
12. CFA became the criteria for foreign aid to SL. This was the most powerful tool the IC used to force SL to comply. Also the CFA caused a split in aids SL would get as the de facto state also got some.
13. CFA created an environment of impunity where any group could do anything especially in the no-man’s land (this was created by the CFA although not recognized by the CFA) and in each other’s territory. Of course acts in one’s own territory were out of the question.
14. The CFA created a major regional rift between Northerners and Easterners. A large number of Jaffna intellectuals (and others) were killed in the East and in Colombo. This problem is set to escalate in time to come making it impossible to find an amicable solution for N-E even when the war is over as infighting has already broken out among the two main tamil communities in the N-E with historical under-the -carpet grudges.
15. A toothless SLMM replaced the armed police force as the point of making grievances. Many deaths were not even recorded by SLMM (some brought coffins to SLMM) and police also redirected people to SLMM. Today it has become more difficult than in 2001 to bring Tamils to police stations to handle their grievances for which they pay a tax to the govt. The CFA created distance is taking a heavy toll. TMVP should not be allowed to exploit this.

CFA destroyed the Tamil democratic movement
16. CFA recognized the LTTE as the SOLE REPRESENTATIVE of the Tamils. All tamil democratic forces were made irrelevant. In finding a political solution, it is these Tamil democrats who would become vital. The IC was forced to recognize Tamil and LTTE as same.
17. Almost all moderate tamil legislators were killed during the CFA – UNP tamil candidates for Batti in 2004; Kadir, Joseph, Raviraj, Maheswaran, etc. This further enforced the LTTE as the SR and caused any future attempts for political solutions impossible.
18. CFA forced the UNP not to field Tamils for Jaffna, etc. going by the SR claim. This directly resulted in returning ultra extremist Tamil MPs to parliament. The vote base for Mahes, etc. were destroyed and replace by a TNA one.
19. Extremism crept into parliament first from the Tamil side (TNA took all UNP, SLFP, TULF and some EPDP seats). This was also reflected in the Sinhala and Muslim camps. Almost one third of today’s parliament comprise of extremists making it impossible to find political solutions.
20. The SR claim and its respect mainly from the UNP (a MoU was signed) helped tigers to block voters from voting for the UNP in 2005 which was seen as a moderate party then. The IC criticized this but had to accept this as a result of contracting with a terror group. The UNP, CWC, UPF, WPF, TNA, SLMC all had MoUs with the LTTE as the CFA recognized them as the SR and rulers of the de facto state.
21. Ask any LTTE supporter and he will tell you that LTTE and Tamil people are one and the same. But factually it is not so. The CFA legitimized this LTTE claim. Sections of the IC started to increasingly refer to the LTTE as Tamils and vice versa as they were the de facto rulers of the Tamil mono-ethnic de facto state recognized by the CFA.
22. Tamil democratic movements (TULF UK, etc.) abroad were the most harmed. They became just offices without any recognition both by the IC and the Tamil Diaspora.

CFA strengthened the LTTE militarily as never before
23. The govt was deterred from carrying out military operations by the CFA. Although the 2005 elect ‘hardline’ govt was an exception, both previous administrations strictly honored this as SLMM’s recommendations were like God’s say for donors. LTTE brought shiploads of weapons (only a few were destroyed). The present Navy commander was warned by Ranil not to engage the tigers at sea! Tigers assembled an air force thanks directly and solely for the CFA. LTTE’s mortar and arti capabilities increased by many fold.
24. The CFA paved the way for Manirasakulam, Muttur, etc. new LTTE camps
25. CFA allowed more than enough time to regroup and recruit its cadres. A mad rush for recruiting children was undertaken and there was nothing the govt. could do to maintain peace and goodwill at the same time until a hardliner took office. Also the LTTE bought enough time for many of its children to become adults as thee CFA held for almost 6 years; even a twelve year old could have turned 18 by then!!
26. LTTE engaged in direct arms import and negotiations with foreign arms suppliers. Part govt. owned arms producers like NORINCO – China had no hesitation in providing arms to representatives of a de facto state.
27. LTTE delegations were sent on foreign trips at public expense with no return. They visited arms suppliers in Norway, South Africa, Croatia, etc.
28. LTTE dismantled not only the Colombo based LRRP but also many other mainly tamil anti-LTTE militant groups.
29. Ships that did not fly the TE flag were plundered by the LTTE with impunity and stole their valuables including radars and there was nothing the GOSL could do.
30. CFA violations by the GOSL (mainly in offensive operations) were overly highlighted to the IC by the SLMM. Other HR violations by the GOSL were also overly emphasized thanks to SLMM’s first hand accounts.
31. SLAF bombings on LTTE areas were promptly visited by the SLMM and recorded. This heavily deterred the GOSL from carrying out some planned air strikes especially in important locations obviously located among civilian settlements. At times tigers sent SLMM officers to potential air attack locations to actively stop the SLAF.
32. Sencholai terror camp was converted to an orphanage by the SLMM. If not for the injured children who escaped and hospitalized, the IC would have believed this and SL would face a heavy war crime charge.
33. Army had to scale down their operations to give an impression of ‘retaliation’ or ‘neutralisation’ than an offensive operation as offensive operations stood out most noticeably in SLMM’s record to the account of GOSL. The IC placed heavy reliance on ‘independent’ SLMM as other journalists were bared from Vanni by both groups.
34. From 2002 to early 2004, the GOSL did not contract for major military purchases to sustain the CFA goodwill. It took a long time to rectify the situation in 2006. It also took a long waiting time to get firefinders, etc. Had there been a proper war plan from 2002, this would never have happened. The govt. by taking on the easy east first minimized this planning disaster.

Lost opportunities thanks to the CFA
35. All ceasefires must be bargained from a position of strength. In 2002 SL was in a position of strength vis-à-vis the LTTE. After the july 2001 attack, the LTTE didn’t launch any major attacks but the army was continuing small scale operations. LTTE leaders were dead scared of the LRRP and refused to comeout of their foxholes (refer. Wikipedia – LRRP). However, the political leadership was at its weakest partly due to Ranil (a weak leader) and partly due to infighting between the executive and the legislature. A war on terror had started and the LTTE was desperately seeking shelter. SL could have bargained adequately for a pole position. Whenever Israel goes to a ceasefire it actively CAPITALISE on military gains and the world order. There by each ceasefire with Palestine strengthens Israel’s position, not undermine it.
36. After the CFA, the clam that existed from July 2001 to Feb 2002 on the LTTE front shattered as tigers could do whatever they wanted. A CFA breakdown would have been a deadly blow to the UNP govt and it did EVERYTHING to keep it going by pleasing the LTTE in EVERY WAY imaginable.
37. By 2001 the LRRP was closing in on LTTE leaders; they successfully took the life of Shankar the TAF guy. Had that operation delayed by just 4 months he would be saved by the CFA and SL would have completely lost its air superiority to this innovative tiger. Russian Shmels were procured at great effort and were left to decay without use. These cannot be purchased in the open market and SL needs diplomatic efforts to get them again.
38. The war on terror provided SL an ideal opportunity to crush the tigers. But the CFA saved them. Indonesia, Philippines, Congo, India, Pakistan used the war on terror to crush terrorists in their countries. As usual SL lagged behind. Good thinking by the LTTE and no thinking by the GOSL.
39. The tsunami brought hope again. Aceh in Indonesia used the tsunami to disarms Aceh terrorists and many hoped the same will happen in SL. But there was the CFA and the govt. was committed to honour it. GOSL didn’t even move in to CFA’s de facto TE let alone disarm the LTTE or get them to talks.
40. The JVP that talk nonsense now were actually backing the CFA from 2004 May to March 2005. CFA violations by the GOSL became minimum during that time!! The extremist politics that resulted from the lawlessness brought about by the CFA strengthened the likes of JVP/JHU/TNA. They will ensure that no political solution will be passed in SL. Had there been no CFA, TNA would not be so strong, moderate Tamil MPs would come from N-E, JVP would have run out of ammunitions (at least part of it), JHU would never be there.

Continuation of the CFA
41. CFA made the internal conflict an international conflict. According to international war laws, no country can colonies another country’s captured area. However this does not apply to internal conflicts. (refer warcrimes Geneve and wikipedia – warcrimes). Today colonization of the east is a major agitation run by pro-LTTE groups abroad. If the CFA did not recognize a separate territory within SL, this claim could never be made. However, the GOSL is continuing with its ‘settlements’. It can continue regardless, but this creates a lot of confusion in IC. The IC’s apprehension of SL’s conflict has always been highly inadequate. This always helped the LTTE. Unless officially invalidated, the colonization of the East and the North become warcrimes in the eyes of an outsider who considers (going by the CFA) that there IS a de facto LTTE area with separate jurisdictions and civil administrations.
42. Misusing a “flag” of truce is a warcrime. “Flag” is not per se a flag only and can be any instrument by which a party signals to the other warring party it is not going to attack and seek reciprocal action. The CFA was a tool of truce that actually stopped the army from carrying out large scale operations. Now the attrition warfare stage is changing and large scale military operations are needed to get into deep Vanni. The govt. must officially annul the CFA to avoid all confusion that can go against it in the event of a large scale offensive. Some Serbian officers were charged for unleashing violence during ceasefires. Although this is not at all practical in SL as violence was part of the CFA from day one, large scale military offensives will certainly take the GOSL beyond the line in the sand. Arguably, they may be committing a warcrime if tools of a truce was held out while waging large scale open warfare.
43. The SLMM in Vanni is a big disadvantage to war games in Vanni. They are not only witnesses to a bloody war that is yet to unfold, but also ‘adjudicators’ of methods and tools used by the SLDFs. They cannot be ‘eliminated’ as the LTTE (and others!) eliminated aid workers, Catholic priests, etc. Hence only an official ending of the CFA can send them. LTTE understand this too well. It made two separate pleadings. One – continue the CFA and they will 100% adhere to it this time. Two – Norwegians to continue.
44. CFA continues to recognize a separate de facto state controlled by the LTTE. CFA also recognizes the fact that LTTE has a right to rule its territory just as GOSL has a right to rule its territory. The IC has placed faith in the CFA although it was illegal as per SL law. The SL territorial law became immaterial for the IC after the CFA. Therefore, attacking the heartland of LTTE controlled area will never be accepted by the IC as long as the CFA is in place and the government purports to adhere to it as it declared from time to time.
45. The LTTE was planning to declare a UDI on the 18th January 2008. The CFA officially ends on 16th January, narrowly escaping the LTTE attempt to continue from one platform to another. An UDI from a status of a de facto state as officially recognized by the GOSL is an easier jump than a leap by a political non-entity. As the GOSL knew the LTTE’s plan of a pre-planned UDI on 18 January, some late planning seems to have gone in annulling the CFA before hand.
46. Norway came to the CFA with its own agenda. It had Tamil voters back home heavily aligned to LTTE. It is like asking Ricky Ponting whether his team mate took the catch cleanly!! Therefore Norway always had a protectionist approach towards the LTTE. Cognizant of this fact, in 2006 LTTE sent off all other Scandinavian monitors but not Norway!!
47. Norway had other interests in SL like oil. Two Norwegian oil companies were charged by the US for providing material support for terrorists (not LTTE). But this justifies their overall alignment to the de facto rulers of where oil is. Australia followed a similar strategy in East Timor but it was like a SLMM with teeth where they mediated in ET in 2001. Now Australia companies are drilling oil in ET seas! But ET citizens are the poorest in the world.

Contrary to some predictors of diplomatic events, Sri Lanka did well in managing foreign relations in its favour. When Tamil Chelvam was killed no one thought the US will freeze TRO funds. How the IC especially the US works is different to popular belief. They seek a solution to conflicts and support any movement that gathers strength (unless it is against their interests of course). But SL must up its HR record.
FBI tries to reiterate the ruthlessness of tigers. Does this show the failure of our diplomats? I think so.

January 12, 2008 4:30 AM