MINISTER PEIRIS PREVIEWS PRESIDENTIAL INITIATIVE

C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 001698

SIPDIS

SIPDIS

STATE FOR A/S BOUCHER AND SCA/INS, USPACOM FOR FPA

E.O. 12958: DECL: 12/20/2017
TAGS: PREL PTER PGOV CE
SUBJECT: MINISTER PEIRIS PREVIEWS PRESIDENTIAL INITIATIVE
ON TAMIL RIGHTS


Classified By: Ambassador Robert O. Blake, Jr. for reasons
1.4 (b) and (d).


1. (C) Summary: In a one-on-one meeting with the Ambassador
on December 20, Trade Minister GL Peiris (who was one of the
Government's former chief negotiators in the 2002-3 talks
with the LTTE) previewed a new initiative the President has
asked him to draft to begin to redress Tamil grievances.
(Note: news of this should be kept within the USG as few
even in the GSL are aware of it at this stage.) The
President is likely to "prorogue" or suspend Parliament for
several days in early to mid-January and then call Parliament
back to unveil his initiative. Peiris said the initiative is
likely to include: local Pradeshiya Sabha elections in the
north and east at a date to be determined to give the
residents of the north and east political representation; the
recruitment of Tamils to serve in all police stations to
explain charges brought against Tamil suspects and translate
any documents suspects are asked to sign; a similar Tamil
language initiative for the public administration, including
the entire legal system; and the appointment of an ombudsman
to consider other measures to address Tamil grievances.
Peiris said the Government would continue to support the work
of the All Parties Representative Committee, but was mindful
it does not now have the two-thirds Parliamentary majority it
needs to amend the constitution to implement APRC
recommendations; hence the need to take more immediate
actions that could be implemented without Parliamentary
approval. Peiris also remarked that the LTTE cannot be
forgotten, but that both sides need to take steps to build
confidence before negotiations can be considered. Comment:
If Peiris' proposal emerges from Cabinet review in the form
he outlined, it could represent a promising start in
rebuilding the confidence of the Tamil community provided
there is a sincere effort to implement these measures and
undertake further steps to redress Tamil grievances. This
would mark a significant departure from the policies the
current government has pursued to date. End Comment and
Summary.


2. (C) In explaining the context for the President's
initiative, Peiris underscored that the Government wants to
take advantage of the window it now has in 2008 to advance
its agenda. The GSL is conscious that it does not have the
2/3 majority in Parliament that it needs to amend the
constitution. Therefore, President decided that it would be
important to proceed with implementing the provisions of the
13th Amendment, which is already on the books and provides
for devolution of power to the provincial councils, among
several other things. Peiris said the President was also
conscious that it would not be sufficient to simply implement
the 13th Amendment; additional action would be necessary to
make this initiative credible for Sri Lanka's Tamil community.

13th Amendment Plus
--------------


3. (C) Peiris confided that he had been asked to draft the
details of the initiative which would likely include the
following elements:

- Pradeshiya Sabha elections in the north and east at a date
to be determined. Peiris likened this to the panchayats in
India and said that the objective of elections would be to
give the residents of the north and east political
representation so their needs can be heard and more
effectively met. Asked whether he thought the LTTE would
allow such elections in LTTE-controlled areas, Peiris
admitted they would almost certainly not, since they had
steadfastly resisted this idea during the 2002-2003 peace
negotiations because they did not want to acknowledge the
sovereignty of the GSL constitution in the LTTE controlled
areas.

- The President will also announce a series of administrative
measures that could be implemented immediately to address
Tamil grievances. These would include:

a) the recruitment of greater numbers of Tamils into the
police so that police stations in areas all over the country
with substantial numbers of Tamil residents would have

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someone who could explain the charges being brought against
any Tamil brought in, translate any forms the suspect was
asked to sign and otherwise provide a more transparent
process for Tamil suspects. This has been a long-standing
grievance of the Tamil community, Peiris explained.

b) Similarly all public departments would be instructed and
assisted to develop Tamil language capabilities so that
public communications could be made in Tamil. This would
include the justice system so that Tamil suspects and
litigants could communicate in Tamil.

c) The government would also plan to launch mobile service
centers where Tamil citizens could obtain administrative
documents such as licenses and titles. He explained that
Minister Karu Jayasuriya had already implemented a successful
pilot project in Ampara.

d) Lastly the Government would also appoint an Ombudsman who
would be empowered to receive Tamil grievances and seek
redress immediately.


4. (C) Peiris emphasized that such ideas would mark "a point
of departure" for addressing Tamil grievances; more measures
could be considered upon the recommendations of the Ombudsman
or others. The Ambassador asked how this new initiative
would affect the proposals being considered by the All
Parties Representative Committee (APRC). Peiris responded
that the Government still sees the APRC process as useful but
one that will take more time for a consensus to develop.

Parliament to be Suspended
--------------


5. (C) With respect to timing Peiris predicted the President
would unveil the initiative sometime in early January to the
parties in his governing coalition. The Parliament would
then convene on January 8 for its monthly renewal of the
emergency, after which the President would "pro-rogue"
(suspend) Parliament. Ten days later the President would
reconvene Parliament to publicly unveil the initiative. The
Ambassador questioned the need to prorogue parliament,
warning that the opposition and other critics would see it as
a transparent means to remove the independent leaders of the
Committee for Public Enterprises and the Public Accounts
Committee (both of which have been vigorously investigating
high-level public corruption). Peiris agreed that would
happen, but maintained not very convincingly that by
proroguing parliament the President could bring greater focus
and attention to his initiative when Parliament reconvened.

Build Confidence Before Negotiations
--------------


6. (C) Ambassador asked about how this initiative would
impact GSL thinking on pursuing negotiations with the LTTE.
Peiris responded that the LTTE cannot be forgotten. But he
observed that relations between the Government and LTTE are
so poor now that the LTTE likely would reject any government
initiative. Therefore the ground has to be prepared with
efforts such as this.


7. (C) Peiris pointed out that the LTTE also bears
responsibility for preparing the ground for talks. He
highlighted the deep skepticism in the south about the LTTE's
willingness to negotiate in good faith. He attributed this
to the LTTE's "gross abuse of cease-fires" which they had
exploited to rearm themselves, and also to the LTTE's
steadfast refusal to consider a phased decommissioning of its
weapons. Peiris, who led many of the negotiations with the
LTTE in 2002-2003, underlined that the Government understands
that no terrorist group is willing to lay down arms in the
initial phase of negotiations, but they must be willing to do
so as part of any final agreement. He cited the example of
the Northern Ireland negotiations, in which Senator Mitchell
had insisted on a phased laying down of arms by the IRA.

Tamils Likely to be Skeptical
--------------


8. (C) Peiris asked the Ambassador for his initial reaction

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to the proposed initiative. The Ambassador responded that it
could be a helpful first step in redressing Tamil grievances,
as long as the Government was clear that the initiative was
not a substitute for the APRC process and future
negotiations. The Ambassador cautioned that there is anger
and antipathy towards the current government within the Tamil
community because of the many human rights and other problems
experienced by Tamils. He advised that the reactions of
independent moderate Tamils in Sri Lanka and elsewhere would
influence the reaction of the international community. It
would therefore be prudent for the Government to consult key
moderate Tamils before unveiling the initiative, both to get
their input and determine the level of their support.

Sri Lanka Needs Support of Its Friends
--------------


9. (C) Peiris remarked that for twenty years no Government in
Sri Lanka has had the political will to implement the 13th
Amendment and devolve power. President Rajapaksa has the
requisite will, but also needs the support of friendly
governments like the United States, he argued. He expressed
hope that the United States could reconsider Sri Lanka for
MCC funding, for example. Ambassador responded that there
was deep skepticism in Washington about the GSL's intentions.
Minister after minister had gone to Washington promising
progress on the APRC and human rights yet little or nothing
had been done on either front. Progress to end the conflict
and to improve human rights situation would help to dispel
such skepticism. Peiris acknowledged that it had been a
mistake to make promises that could not be met.

Comment
--------------


10. (C) News of this initiative should not be shared outside
the US Government at this stage since few even within the GSL
are aware of it. Peiris admitted that details could change
as his proposal is cleared through the Cabinet. It is
significant that the President chose Peiris to draft the
details. He is one of Sri Lanka's foremost constitutional
lawyers, a former Rhodes scholar, and one of the few
Ministers in the Government who has had extensive contacts
with the LTTE. (He served as one the Government's principal
negotiators in 2002-3.) As Ambassador told Peiris, however,
the many actions taken by the GSL against the Tamil community
mean that the GSL faces an uphill battle in winning back
their confidence. The GSL, which hopes Prime Minister
Manmohan Singh will attend Sri Lanka's 60th anniversary
celebrations in February, will have one eye on the Indian
reaction. India has in the past insisted on a genuine
devolution proposal as a precondition of a political
settlement. If Peiris' proposal emerges in the form he
outlined, it could represent a promising start provided there
is a sincere effort to implement these measures and undertake
further steps to redress Tamil grievances. This would mark a
significant departure from the policies the current
government has pursued to date.
BLAKE