India outlawed the Tigers in May 1992 and the US included them in the terrorist list in October 1997. Sri Lankan governments resisted the call for a ban, on the ground that it may affect any chance of peace. But LTTE’s attack on the Buddhist holy site Dalada Maligawa in Kandy in January 1998 removed all opposition and a ban was imposed.
Since assuming office in 1994, the Sri Lankan Foreign minister Lakshman Kadirgamar has led an international campaign for a ban on the Tigers. The proscription of the LTTE by Britain in March 2001 under the Terrorism Act 2000 was the pinnacle of Mr Kadirgamar’s success.
Norwegian special negotiator Erik Solheim met Tiger political leader Thamilchelvan at Mallavi in the Vanni on 17 May. Mr Thamilchelvan reiterated the three LTTE ‘essential pre-requisites’ that should be satisfied before peace talks could begin - 1) lifting the economic blockade of the north-east 2) agreement on an indefinite ceasefire 3) removal of the ban on the LTTE.
The LTTE say that they would not enter negotiations as a banned organisation. They insist that the government should recognise their status as the legitimate representatives of the Sri Lankan Tamil people and their position as ‘co-partners in constructive engagement’ in the negotiations. Any agreement with an illegal organisation will not be valid and peace negotiations would be an exercise in futility, the Tigers say.
Observers say that the LTTE are encouraged by the unity that is apparent within the Tamil community since the British ban. Many organisations in and outside Sri Lanka have urged the government to remove the ban to facilitate peace talks with the LTTE.
The convoy of Mr Thamilchelvan, travelling to Mallavi to meet Mr Solheim, came under landmine attack at Kokkavil, eight miles south of Kilinochchi, inside LTTE-controlled territory, on 17 May. A Tiger died and another was wounded. The LTTE blame a deep penetration unit of the Army and accuse the government of attempting to destabilise the peace process.
Newspaper reports in mid-May said that a high level government committee was examining the removal of the ban on the LTTE. But in late May, the government announced that the ban would not be lifted saying that Tiger ‘pre-requisites’ were not acceptable. The government say that the issues raised by the LTTE could be discussed at the peace talks.
According to reports, most members of the Sri Lankan Cabinet are against the removal of the ban. Ironically, Mr Kadirgamar, along with Constitutional Affairs minister GL Peiris, is said to support the lifting of the proscription. Observers say that the reluctance to remove the ban may stem from the government’s inability to overcome the hardline elements within and offer substantial devolution to Tamil areas.
Earlier in the month, the LTTE denied Mr Kadirgamar’s claims that some kind of agreement had been reached on several issues between the government and the Tigers. The LTTE say that progress has been made in negotiations on the Norwegian-proposed Memorandum of Understanding (MOU). The MOU contains proposals for progressive measures by both sides to create conditions for peace talks. In an interview to Reuters on 11 May, Erik Solheim also said that there was consensus in some areas but confirmed that an agreement had not been reached. Sources say that the Sri Lankan government is under pressure from a powerful nation to abandon the MOU.
The government’s problems have deepened. In early May, key ally Sri Lanka Muslim Congress (SLMC) warned that it may have to review its support for the government. The ruling People’s Alliance (PA) has no overall majority in Parliament and depends on minority parties, SLMC and the EPDP.
The relations between the government and the SLMC have soured following mob attacks on Muslims in Mawanella in early May. The SLMC say the attacks were premeditated, to strike at the economic base of the Muslim community, and wants effective action against those responsible. The party has demanded special security measures for Muslims and compensation for victims. The government is accused of attempting to drive a wedge between the two leaders of the SLMC, Rauf Hakeem and Ferial Ashraff.
On 22 May, the opposition United National Party (UNP) and the People’s Liberation Front (JVP) tabled a no-confidence motion in Parliament against Rural Industrial Development minister Maheepala Herath who is alleged to have been behind the Mawanella violence. The UNP has also threatened a no-confidence motion against the government for failing to fulfil pledges on the economy and ethnic conflict.
A third motion to impeach the Chief Justice Sarath N. Silva for obstruction of justice and abuse of power is also before Parliament. Colombo lawyers say that the Chief Justice, who was appointed by President Chandrika Kumaratunge over the heads of senior judges, is increasingly refusing to hear fundamental rights applications relating to torture.