The Navy say they had credible information that a ship carrying warlike material approached the Mullaitivu coast, with the objective of unloading weapons. The Navy claim that warning shots were fired over the Tiger ship, but received fire from the vessel which damaged the naval boat and injured some sailors. Thereafter the LTTE ship was sunk.
According to the LTTE, their ship was a merchant vessel operated by an independent shipping company, which financially supported the LTTE. The Tigers claim that the vessel carrying diesel was sailing in international waters when it was intercepted. The Sri Lankan government accused the LTTE of breaching the ceasefire by carrying arms, and the UN Convention on the Law of the Sea by failing to fly a flag of any state and displaying any name on the ship. The LTTE blamed the government of violating the ceasefire and the Convention by launching an attack on a commercial vessel in international waters.
The Sri Lanka Monitoring Mission (SLMM) criticized both the Navy and the LTTE in a report on 16 March. The international body tasked with monitoring ceasefire violations says that both parties had enough time to inform the SLMM to prevent escalation. The SLMM has refrained from apportioning blame on the ground that it is unable to verify the various claims made by the two sides. The SLMM, however, urged them to work out a safety mechanism that would apply in similar circumstances.
A day after the incident, all political officers of the LTTE in the north-east were summoned to the Tiger headquarters in Kilinochchi, leading to fears that the peace process may come to an end. Despite LTTE media spokesman Daya Master’s assurance that they were in Kilinochchi for discussions with LTTE’s chief negotiator Anton Balasingham, speculation was rife that the Tigers were making preparations for war. Mr Balasingham, who participated in the opening ceremony of a Tamil Eelam Court in Kilinochchi, said that the LTTE were committed to peace, but warned ominously that the death of the Tigers would have far-reaching implications in the peace process.
He pointed an accusing finger at President Chandrika Kumaratunge and alleged that sections of the Sri Lankan Navy were under her influence rather than under the control of the government. Some senior leaders of the opposition People’s Alliance have claimed that the order to sink the Tiger ship was given by President Chandrika.
Relief was apparent in Sri Lanka when the sixth sessions of the peace talks were took place as scheduled at Hakone in Japan from 18 to 21 March. Both parties acknowledged the growing concern over clashes at sea and undertook to enforce better compliance with the ceasefire agreement. They also agreed to strengthen the mandate of the SLMM, to undertake preventive measures to avoid serious incidents at sea and on land. A meeting of senior naval and political representatives will be convened within three weeks to draw up effective arrangements for the operation of naval units.
Both parties seem to realize the need to begin talks on substantive issues underlying the conflict and for the protection of human rights. It was announced that a complete plan of the political framework, giving effect to the principle of federalism in a final settlement to the Sri Lankan conflict, would be discussed at the next sessions of the peace talks.
The parties asked international expert Ian Martin to develop three aspects of the proposed roadmap on human rights for adoption at the seventh sessions: (1) Drafting a Declaration on Human Rights and Humanitarian Principles, which would reflect aspects of fundamental standards, pending their full entrenchment in the eventual constitutional arrangements. (2) Planning human rights training for government officers and LTTE cadre, including training by UNICEF on the rights of the child, UNHCR on the rights of internally displaced people and refugees and ICRC on humanitarian law, coordinated by the Office of the UN High Commissioner for Human Rights. (3) Suggesting proposals for strengthening the Sri Lankan Human Rights Commission for effective monitoring throughout the country.
The fragile situation was further tested when a Chinese trawler was sunk off Chundikulam in the eastern coast of Jaffna District on 22 March. Of the 26 sailors on board, only nine were saved. Survivors say that their vessel was attacked by eight boats. The Navy and the LTTE blame each other.
These developments have put enormous strain on the Sri Lankan government. While Prime Minister Ranil Wickremasinghe struggled to keep the peace process alive, President Chandrika continued to exert pressure on the government. Presidential spokesman Harim Peiris said on 2 April that the peace process will continue even if there is a change of government. The President insists that participation in the peace process must be widened and has demanded her representative to be included in the talks.