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THE INDO-SRI LANKA ACCORD
To this day, Indo-Sri Lanka Accord of 1987 is being heralded as goodwill
gesture on the part of the government of India to restore the Tamil rights,
infringed over a 40 year period by successive Sinhala dominated
government, and resolve the 'war in Sri Lanka'. [some comments]
The accord failed to achieve its stated aim, unless of course, maintaining
the 'territorial integrity of Sri Lanka' and the 'security of India', which
were also affirmed as objectives of this accord (The Annexure), were
the only intent of the exercise.
The Tamil people, whose predicament it was professed to resolve,
were not consulted in a meaningful way.
No safeguards against future infringement of Tamil rights were
proposed.
Contrarily, greater attention was paid to weakening the Tamil status.
e.g. referendum in some parts of the Tamil homeland.
The accord, not unexpectedly, failed to restore peace in the island.
This failure was at a great cost.
The Indian army lost nearly 1,200 of its soldiers.
Over 7,000 innocent Tamil civilians (and an undetermined number of
Tamil combatants) were killed.
Here is the full text of the Indo-Sri Lanka Accord.
THE INDO-SRI LANKA ACCORD
To establish peace and normalcy in Sri Lanka the
president of the Democratic Socialist Republic of Sri
Lanka, his excellency Mr. J.R. Jayawardene, and the
Prime Minister of The Republic of India, His
Excellency Mr. Rajiv Gandhi, having met at Colombo on
July 29, 1987,
Attaching utmost importance to nurturing,
intensifying and strengthening the traditional
friendship of Sri Lanka and India, and acknowledging
the imperative need of resolving the ethnic problem
of Sri Lanka, and the consequent violence, and for
the safety, wellbeing and prosperity of people
belonging to all communities of Sri Lanka,
Have this day entered into the following agreement to
fulfil this Objective.
In this context,
1.1 desiring to preserve the unity, sovereignty and
territorial integrity of Sri Lanka,
1.2 acknowledging that Sri Lanka is a "multi-ethnic
and multi-lingual plural society" consisting, inter-
alia, of Sinhalese, Tamils, Muslims (Moors) and
Burgers,
1.3 recognising that each ethnic group has a distinct
cultural and linguistic identity, which has to be
carefully nurtured,
1.4 Also recognising that the northern and the
eastern provinces have been areas of historical
habitation of Sri Lankan Tamil speaking peoples, who
have at all times hitherto lived together in this
territory with other ethnic groups,
1.5 conscious of the necessity of strengthening the
forces contributing to the unity, sovereignty and
territorial integrity of Sri Lanka, and preserving
its character as a multi-ethnic, multi-lingual and
multi- religious plural society in which all citizens
can live in equality, safety and harmony, and prosper
and fulfil their aspirations,
2.RESOLVE THAT:
2.1 Since the Government of Sri Lanka proposes to
permit adjoining provinces to join to form one
administrative unit and also by a referendum to
separate as may be permitted to the northern and
eastern provinces as outlined below:
2.2 During the period, which shall be considered an
interim period (i.e. from the date of the elections
to the provincial council, as specified in para 2.8
to the date of the referendum as specified in para
2.3), the northern and eastern provinces as now
constituted, will form one administrative unit,
having one elected provincial council. Such a unit
will have one governor, one chief minister and one
board of ministers.
2.3 There will be a referendum on or before 31st
December 1988 to enable the people of the eastern
province to decide whether:
a) The eastern province should remain linked with the
northern province as one administrative unit, and
continue to be governed together with the northern
province as specified in para 2.2 or:
b) The eastern province should constitute a separate
administrative unit having its own distinct
provincial council with a separate governor, chief
minister and board of ministers. The president may,
at his discretion, decide to postpone such a
referendum.
2.4 All persons, who have been displaced due to
ethnic violence or other reasons, will have the right
to vote in such a referendum. Necessary conditions to
enable them to return to areas from where they were
displaced will be created.
2.5 The referendum, when held, will be monitored by a
committee headed by the chief Justice, a member
appointed by the President, nominated by the
government of Sri Lanka, and a member appointed by
the president, nominated by the representatives of
the Tamil speaking people of the eastern province.
2.6 A simple majority will be sufficient to determine
the result of the referendum.
2.7 Meetings and other forms of propaganda,
permissible within the laws of the country, will be
allowed before the referendum.
2.8 Elections to provincial councils will be held
within the next three months, in any event before
31st December 1987. Indian observers will be invited
for elections to the provincial council of the north
and east.
2.9 The emergency will be lifted in the eastern and
northern provinces by Aug. 15, 1987. A cessation of
hostilities will come into effect all over the island
within 48 hours of signing of this agreement. All
arms presently held by militant groups will be
surrendered in accordance with an agreed procedure to
authorities to be designated by the government of Sri
Lanka.
Consequent to the cessation of hostilities and the
surrender of arms by militant groups, the army and
other security personnel will be confined to barracks
in camps as on 25 May 1987. The process of
surrendering arms and the confining of security
personnel moving back to barracks shall be completed
within 72 hours of the cessation of hostilities
coming into effect.
2.10 The government of Sri Lanka will utilise for the
purpose of law enforcement and maintenance of
security in the northern and eastern provinces same
organisations and mechanisms of government as are
used in the rest of the country.
2.11 The President of Sri Lanka will grant a general
amnesty to political and other prisoners now held in
custody under The Prevention of Terrorism Act and
other emergency laws, and to combatants, as well as
to those persons accused, charged and/or convicted
under these laws. The Government of Sri Lanka will
make special efforts to rehabilitate militant youth
with a view to bringing them back into the mainstream
of national life. India will co-operate in the
process.
2.12 The government of Sri Lanka will accept and
abide by the above provisions and expect all others
to do likewise.
2.13 If the framework for the resolutions is
accepted, the Government of Sri Lanka will implement
the relevant proposals forthwith.
2.14 The government of India will underwrite and
guarantee the resolutions, and co-operate in the
implementation of these proposals.
2.15 These proposals are conditional to an acceptance
of the proposals negotiated from 4.5.1986 to
19.12.1986. Residual matters not finalised during the
above negotiations shall be resolved between India
and Sri Lanka within a period of six weeks of signing
this agreement. These proposals are also conditional
to the Government of India co-operating directly with
the Government of Sri Lanka in their implementation.
2.16 These proposals are also conditional to the
Government of India taking the following actions if
any militant groups operating in Sri Lanka do not
accept this framework of proposals for a settlement,
namely,
a) India will take all necessary steps to ensure that
Indian Territory is not used for activities
prejudicial to the unity, integrity and security of
Sri Lanka
b) The Indian navy/coast guard will cooperate with
the Sri Lankan navy in preventing Tamil militant
activities from affecting Sri Lanka.
c) In the event that the Government of Sri Lanka
requests the Government of India to afford military
assistance to implement these proposals the
Government of India will co-operate by giving to the
Government of Sri Lanka such military assistance as
and when requested.
d) The Government of India will expedite repatriation
from Sri Lanka of Indian citizens to India who are
resident here, concurrently with the repatriation of
Sri Lankan refugees from Tamil Nadu.
e) The Governments of Sri Lanka and India will co-
operate in ensuring the physical security and safety
of all communities inhabiting the northern and
eastern provinces.
2.17 The government of Sri Lanka shall ensure free,
full and fair participation of voters from all
communities in the northern and eastern provinces in
electoral processes envisaged in this agreement. The
government of India will extend full co-operation to
the government of Sri Lanka in this regard.
2.18 The official language of Sri Lanka shall be
Sinhala. Tamil and English will also be official
languages.
3. This agreement and the Annexure thereto shall come
into force upon signature.
In witness whereof, we have set our hands and seals
hereunto.
Done in Colombo, Sri Lanka, on this the twenty-ninth
day of July of the year one thousand nine hundred and
eighty seven, in duplicate, both texts being equally
authentic.
Junius Richard Jayawardene
President of the Democratic of the Socialist Republic
of Sri Lanka
Rajiv Gandhi
Prime Minister Republic of India
ANNEXURE TO THE AGREEMENT
1. His Excellency the President of Sri Lanka and the
Prime Minister of India agree that the referendum
mentioned in paragraph 2 and its sub- paragraphs of
the agreement will be observed by a representative of
the election Commission of India to be invited by His
Excellency the President of Sri Lanka.
2. Similarly, both heads of Government agree that the
elections to the provincial council mentioned in
paragraph 2.8 of the agreement will be observed and
all para-military personnel will be withdrawn from
the eastern and northern provinces with a view to
creating conditions conducive to fair elections to
the council.
3. The President, in his discretion shall absorb such
para-military forces, which came into being due to
ethnic violence, into the regular security forces of
Sri Lanka.
4. The President of Sri Lanka and the Prime Minister
of India agree that the Tamil militants shall
surrender their arms to authorities agreed upon to be
designated by the President of Sri Lanka. The
surrender shall take place in the presence of one
senior representative each of the Sri Lanka Red Cross
and the Indian Red Cross.
5. The President of Sri Lanka and the Prime Minister
of India agree that a joint Indo-Sri Lankan observer
group consisting of qualified representatives of the
Government of Sri Lanka and the Government of India
would monitor the cessation of hostilities from 31
July 1987.
6. The President of Sri Lanka and the Prime Minister
of India also agree that in the terms of paragraph
2.14 and paragraph 2.16(c) of the agreement, an
Indian peace keeping contingent may be invited by the
President of Sri Lanka to guarantee and enforce the
cessation of hostilities, if so required.
EXCHANGE OF LETTERS BETWEEN THE PRIME MINISTER OF
INDIA AND THE PRESIDENT OF SRI LANKA.
Excellency,
1. Conscious of the friendhsip between our two
countries stretching over two millenia and more, and
recognizing the importance of nurturing this
traditional friendship, it is imperative that both
Sri Lanka and India reaffirm the decision not to
allow our respective territories to be used for
activities prejudicial to each other's unity,
territorial integrity and security.
2. In this spirit, you had, in the course of our
discussions agreed to meet some of India's concerns
as follows:
i. Your Excellency and myself will reach an early
understanding about the relevance and employment
of foreign military and intelligence personnel
with a view to ensuring that such presences will
not prejudice Indo-Sri Lankan relations.
ii. Trincomalee or any other ports in Sri Lanka will
not be made available for military use by any
country in a manner prejudicial to India's
interests.
iii. The work of resotoring and operating the
Trincomalee Oil Tank Farm will be undertaken as
a joint venture between India and Sri Lanka.
iv. Sri Lanka's agreements with foreign broadcasting
organizations will be reviewed to ensure that
any facilities set up by them in Sri Lanka
3. In the same spirit India will:
i. deport all Sri Lankan citizens who are found to
be engaging in terrorist activities or
advocating separatism or secessionism.
ii. provide training facilities and military
supplies for Sri Lankan forces.
4. India and Sri Lanka have agreed to set up a joint
consultative mechanism to continuously review matters
of common concern in the light of the objectives
stated in paragraph 1 and specifically to monitor the
implementation of other matters contained in this
letter.
5. Kindly confirm, Excellency, that the above
correctly sets out the agreement reached between us.
Please accept,Excellency, the assurances of my
highest consideration.
Yours sincerely,
Rajiv Gandhi
