DETERIORATING SECURITY ALARMS CO-CHAIRS

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001258

SIPDIS

STATE FOR SA/INS, NSC FOR DORMANDY, LONDON FOR BELL,
USPACOM FOR FPA

E.O. 12958: DECL: 07/18/2015
TAGS: PTER PHUM PGOV CE LTTE
SUBJECT: DETERIORATING SECURITY ALARMS CO-CHAIRS

REF: A. COLOMBO 1217

B. COLOMBO 1224

Classified By: AMB J. Lunstead. Reason :1.4 (B) and (D)

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SUMMARY
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1. (C) The July 15 ruling by the Sri Lankan Supreme Court
(SC) concerning a constitutional challenge to the
Post-Tsunami Operational Management Structure (P-TOMS)
(SEPTEL) combined with the Government of Sri Lanka (GSL)
refusal of the Liberation Tigers of Tamil Eelam (LTTE)
ultimatum to increase Sri Lankan Army (SLA) protection of
LTTE unarmed cadres, as well as the mutual attacks in the
Eastern Province, has put severe strain on the Cease Fire
Agreement (CFA). The Norwegian mission, in consultation with
the U.S. Ambassador, has drafted a statement for all co-chair
Chiefs of Mission to release in support of the CFA. The Sri
Lankan Monitoring Mission (SLMM) has also drafted a
compromise on the LTTE's demand for transportation security.
Violence continued in the East and other areas. END SUMMARY.

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STAY OF P-TOMS FURTHER ENRAGES LTTE
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2. (C) The SC ruling that four articles of the P-TOMS were
unconstitutional has effectively squelched the P-TOMS and
enraged the LTTE. After recalling all Tamil National
Alliance (TNA) MPs to LTTE headquarters in Kilinochi for
consultations, LTTE political head S.P. Thamilchelvan accused
President Kumaratunga of foot dragging and stated to the
press, "we have no confidence that Sinhala leaders are
capable of implementing anything they have agreed to." The
LTTE has reacted to the GSL response to their ultimatum
(REFTEL A) for increased security by the SLA as a refusal.
Thamilchelvan went on to tell reporters, "If the GSL is
unable to provide the required security to our cadres, we
will have to resort to our own arrangements to provide our
own security. You will likely hear of consequences if and
when Sri Lanka armed forces attempt to restrict our
movements." The SLMM will present a compromise solution to
Dr. Jayantha Dhanapala, Director of the GSL Peace Secretariat
on July 18. Despite prior statements by the LTTE press
spokesman (REFTEL B),the LTTE has not notified the Norwegian
facilitators of their intention to withdraw from the CFA.

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CONTINUED VIOLENCE
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3. (SBU) Violence has continued throughout the East and
other areas:
-- In the Eastern province city of Trincomalee, hostilities
peaked on Thursday July 14, with no incidents in the city
over the weekend. The head of the USAID OTI office in
Trincomalee described GSL security forces out in force
conducting random searches. She said that the streets are
empty, the town is eerily quiet and the level of tension is
high.
-- To the south, in the Batticaloa district, one SLA soldier
was killed on Saturday July 16 in a style indicative of an
LTTE pistol team attack.
-- In the Eastern province's Ampara district a three-wheeler
driver and two Muslim passengers were bound and executed and
their vehicle burned. (NOTE: This tactic does not match
prior extra judicial killings and could just be criminal.
END NOTE)
-- In the North Western province's Puttalam district, a man
was arrested after shooting an alleged member of the break
away anti-LTTE Karuna faction.
-- In Northern province's Mannar district, police arrested
seven people smuggling explosives on the beach and recovered
16 claymore mines and assorted demolition supplies.
-- There were unconfirmed reports that withdrawing LTTE
political cadres were telling Tamils to be ready to take up
arms.

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FIRST AID TO CFA
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4. (C) Norway has been successful in getting the GSL to
agree to talks on restoring the CFA. However, the LTTE has
not responded. Norwegian Charge d' Affairs Oddvar Laegreid
will travel to Kilinochi on Wednesday July 20 to tell the
LTTE that the GSL is willing to hold CFA talks and to press
the LTTE to participate. The UK Foreign Ministry will
deliver the same message in London to Anton Balasingham, the
LTTE's chief negotiator. On Friday July 22, all Co-chair
Chiefs of Missions (COMs) will attend a meeting with
President Kumaratunga. Over the weekend, Oslo drafted a
statement in support of the CFA. In consultations with the
Ambassador, Laegreid prepared a draft for the COMs. Pending
the concurrence of all COMs the statement will be released
tomorrow, July 19. The text appears below:

Sri Lankan Government and LTTE must urgently address threats
to Ceasefire Agreement

The Co-chairs of the Sri Lanka peace process, the EU, U.S.,
Japan and Norway are alarmed by the deteriorating security
situation in Sri Lanka.

Since February 2005 there has been an escalation of violence
resulting in the killings and injuring of persons associated
with both the GOSL, the LTTE and other political groups.
Unless security is guaranteed, a central pillar of the
Ceasefire Agreement will be undermined. If the Ceasefire
Agreement ceases to function, the wider peace process would
be gravely jeopardized and international support for that
process deeply eroded.

The Co-chairs call on the Government of Sri Lanka and the
LTTE each to take immediate action to prevent killings. The
LTTE must stop all killings by their forces. The Sri Lankan
government in accordance with the Ceasefire Agreement, must
guarantee the security of all unarmed LTTE cadres in
government-controlled areas and ensure that all paramilitary
groups are disarmed and kept under control.

Maintenance of the Ceasefire Agreement is the responsibility
of the two parties alone. In this effort, they have had the
excellent assistance of the Sri Lanka Monitoring Mission and
the full support of the international community. The
Co-chairs believe that it is time the parties demonstrate the
seriousness of their commitment to the Ceasefire Agreement by
coming together to resolve outstanding issues and renew their
cooperation. the SLMM can only fulfill its functions under
the Ceasefire Agreement if the parties actively demonstrate
the will to uphold the agreement.

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COMMENT
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5. (C) P-TOMS is effectively dead with little hope of
resuscitation. This is a severe blow to President
Kumaratunga and her minority government. The JVP's fortunes
are rising and the LTTE's rhetoric is escalating to match the
JVP's. In a meeting last week, Kumaratunga told the
Ambassador that she believed the attacks on the SLA were the
work of "other extremist political parties," implying JVP
involvement. This theory strains credibility. Friday's
meeting between the Co-chairs and Kumaratunga will be an
important gauge of her situational awareness, resolve, and
ability to stabilize the CFA.

LUNSTEAD