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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 spirit
of this Agreement and implement confidence-building measures as indicated
in the articles below. Back...
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 require, 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.
- 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 Vavuniya 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. Back...
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
as 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 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 Agreements 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 published
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 in 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 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. Back...
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 of 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, of. 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. Back...
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 be notified in writing to
the 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.
Back...
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 wheel 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 licences 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-operations on a commercial basis. Cement required for individual
shops/constructions/house owners/rehabilitation - initiatives will be
made available through the co-operations on a commercial basis. The
monthly import 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 licences 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
- Valachenai
- Makerni
- Mahindapura
- Muttur
- Ugilankulam
- Omanthai.
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