SRI LANKA: TMVP, GSL, AND UNICEF SIGN MOU ON CHILD

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001102

SIPDIS

DEPARTMENT FOR SCA/INS

E.O. 12958: DECL: 08/07/2018
TAGS: PGOV PHUM MOPS CE
SUBJECT: SRI LANKA: TMVP, GSL, AND UNICEF SIGN MOU ON CHILD
SOLDIERS

REF: A. COLOMBO 869

B. COLOMBO 975

C. COLOMBO 894

D. COLOMBO 1036

E. COLOMBO 1099

Classified By: Charge d' Affaires James R. Moore Reasons: 1.4(b,d).


1. (C) SUMMARY: On December 1 the Government, the TMVP and
UNICEF signed a memorandum of understanding (MOU) that
committed each party to end the use and recruitment of child
soldiers by the TMVP. Karuna signed on behalf of the TMVP,
"as leader of the TMVP in the presence of the Chief Minister
of the Eastern Province." The MOU goes into effect December
1 and imposes a March 1 deadline for all actions to be
completed. Coupled with the MOU, a public information
campaign will launch in late January that will communicate
the government's zero tolerance policy on child soldiers.
Additionally, the President is set to enact a law that will
provide protections for releasees to ensure they are treated
as victims. The TMVP's participation and commitment is a
positive step forward. Embassy will continue to remain
engaged on the issue and press both GSL officials and Karuna
and Pillaiyan themselves to ensure that their commitments are
fulfilled. End Summary

TMVP, UNICEF and GSL Sign MOU
--------------


2. (C) UNICEF Resident Representative Philippe Duamelle
reported to Charge that on December 1 the Government of Sri
Lanka, the Tamil Makkal Vidulthalai Pulikal (TMVP),and
UNICEF signed a memorandum of understanding that committed
each party to clearly defined actions to end the use and
recruitment of child soldiers by the TMVP. For its part, the
TMVP pledged to release all of its remaining child soldiers.
(Note: Through October, UNICEF had 62 known cases of child
soldiers in its database.) The paramilitary organization
also pledged to stop all future recruitment of child
soldiers, effective immediately. In addition, it agreed to
provide UNICEF free access to TMVP offices and camps to
conduct searches for child soldiers.


3. (SBU) The December 1 meeting took place at the Ministry of
Defense and was attended by Defense Secretary Gothabaya
Rajapaksa, Justice Secretary and the GSL's point person on
child soldiers Suhada Gamalath, Eastern Province Chief
Minister Sivanesathurai Chadrakanthan ("Pillaiyan"),and
Member of Parliament and TMVP Commander Vinayagamurthi
Muralitharan ("Karuna Amman").

Full Compliance Deadline March 1
--------------


4. (SBU) The memorandum of understanding will now go to the
UN Security Council, after which a series of recommended
actions will be made to each of the three parties. The
parties, in turn, will have 30 days to produce an action
plan. However, Duamelle pointed out that despite these
formal procedures which are mandated by the UN, the
memorandum of understanding signed by the three parties goes
into effect as of December 1, with actions to be completed by
March 1, 2009.

Public Awareness Campaign Launches in January
--------------


5. (C) Duamelle also reported that a public awareness
campaign that has been under development by the GSL, UNICEF,
and a communications firm for several months will be launched
in the second half of January 2009. It will stress the
government's zero tolerance for the recruitment and use of
child soldiers. In the Eastern and Northern Provinces and in

COLOMBO 00001102 002 OF 002


Colombo, television and radio spots, billboards, and posters
in schools will convey the government's policy of zero
tolerance for the recruitment and use of child soldiers.

Legal Protection for Released Children
--------------


6. (C) In addition, Duamelle told Charge that agreement has
been reached on the text of a "gazetted" document that
President Rajapaksa will sign that provides regulations as to
how surrenderees under the age of 18 who give up their
weapons will be handled. This will increase the legal
protection that is afforded to child soldiers who are
released and prevent them from being treated as criminals.


7. (C) COMMENT: This tripartite agreement, which follows a
July 2008 agreement signed between the GSL and UNICEF, is a
welcome development. The Embassy and visiting USG officials
have pressed the government at every opportunity on the need
for the TMVP, its political ally in the East, to release the
child soldiers it is holding. (ref B) In addition, the DCM
(ref A) and the Ambassador (ref C) have met with the Chief
Minister to press him to show results. Post will continue to
engage on the issue to urge that the TMVP follows through on
this important commitment.


8. (C) The MOU signing comes amid a deepening rift between
the TMVP leaders. Karuna is widely suspected of being behind
the murder of Pillaiyan's key advisor Ragu (ref D),and
recent violence in the East (ref E) has heightened those
tensions. It is encouraging that both Karuna and Pillaiyan
came together, most likely under pressure from Colombo, and
agreed to cooperate on implementing this new MOU on child
soldiers. The challenge will be to ensure that the
paramilitary's sub-commanders in the field fall into line.
Karuna acknowledged this, stating at the signing "now we need
to educate and inform our comrades."


9. (C) If the releases are undertaken, if UNICEF documents
that no new recruitment is taking place, and if the public
awareness campaign is launched, Embassy would be in a
position to recommend that the Secretary of State certify
that effective measures are being taken to demobilize child
soldiers and prevent their future recruitment. We will press
the Government and the TMVP to fully honor the commitments
they made in the MOU. End Comment
Moore