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 COLOMBO 00001698 002 OF 003 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 COLOMBO 00001698 003 OF 003 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