Wherefore, the Parties, namely the Liberation Tigers
of Tamil Eelam and the Government of Sri Lanka, hereby agree to the
following provisions:
1. Interim Self-Governing Authority
An Interim Self-Governing Authority (ISGA) shall be
established comprised of the eight districts namely: Amparai, Batticaloa,
Jaffna, Kilinochchi, Mannar, Mullaitivu, Trincomalee and Vavuniya in the
NorthEast, until a final negotiated settlement is reached and implemented.
Representatives of the Muslim community have the right to
participate in formulation of their role in the ISGA.
2. Composition of the ISGA
2.1. The ISGA shall consist of such number of members as may be
determined by the Parties to this Agreement.
2.2. The composition of the ISGA shall be:
2.2.a. Members appointed by the LTTE,
2.2.b. Members appointed by the GOSL, and
2.2.c. Members appointed by the Muslim community in the
NorthEast.
2.3. The number of members will be determined to ensure:
2.3.a. An absolute majority of the LTTE appointees in the ISGA.
2.3.b. Subject to (a) above, the Muslim and Sinhala Communities
in the NorthEast shall have representation in the ISGA.
2.4. The Chairperson shall be elected by a majority vote of the
ISGA and shall serve as the Chief Executive of the ISGA.
2.5. The Chairperson shall appoint the Chief Administrator for
the NorthEast and such other officers as may be required to assist
in the performance of his/her duties. The Chairperson shall have the
powers to suspend or terminate any such
appointment.
3. Elections
The provisions of Clauses 2.2 and 2.3 shall continue
until elections for the ISGA are held. Such elections shall be held at the
expiry of five years of the coming into force of this Agreement, if no final
settlement has been reached and implemented by the end of the said period of
five years. An independent Election Commission, appointed by the ISGA, shall
conduct free and fair elections in accordance with international democratic
principles and standards under international observation.
4. Human Rights
The people of the NorthEast shall be accorded all rights
as are provided under international human rights law. Every law, regulation,
rule, order or decision of the ISGA shall conform to internationally
accepted standards of human rights protection. There shall be an independent
Human Rights Commission, appointed by the ISGA, which shall ensure the
compliance with all such human rights obligations. The Commission will seek
the assistance of international human rights bodies to facilitate the rapid
establishment of an effective regime for protecting human rights. The
Commission shall be entitled to receive petitions from any individual
person, award compensation to any such affected person, and ensure that such
person�s rights are restored.
5. Secularism
No religion shall be given the foremost place in the
NorthEast.
6. Prohibition against Discrimination
The ISGA shall ensure that there is no discrimination on
grounds of religion, race, caste, national or regional origin, age or gender
in the NorthEast.
7. Prevention of Bribery and Corruption.
The ISGA shall ensure that no bribery or corruption is
permitted in or under its administration.
8. Protection of All Communities
No law, regulation, rule, order or decision that confers
a privilege or imposes a disability on any community, which is not conferred
or imposed on any other community, shall be made concerning culture or
religion.
9. Jurisdiction of the ISGA.
9.1. The ISGA shall have plenary power for the governance of the
NorthEast including powers in relation to resettlement,
rehabilitation, reconstruction, and development, including
improvement and upgrading of existing services and facilities
(hereinafter referred to as RRRD), raising revenue including
imposition of taxes, revenue, levies and duties, law and order, and
over land.
These powers shall include all powers and functions
in relation to regional administration exercised by the GOSL in and
for the NorthEast.
9.2. The detailed modalities for the exercise of such powers and the
performance of such functions shall be subject to further discussion by
the parties to this agreement.
10. Separation of Powers
Separate institutions for the administration of justice
shall be established for the NorthEast, and judicial powers shall be vested
in such institutions. The ISGA shall take appropriate measures to ensure the
independence of the judges.
Subject to Clauses 4 (Human Rights) and 22 (Settlement of
Disputes), of this Agreement, the institutions created under this clause
shall have sole and exclusive jurisdiction to resolve all disputes
concerning the interpretation and implementation of this agreement and any
other disputes arising in or under this agreement or any provision thereof.
11. Finance
The ISGA shall prepare an annual budget.
There shall be a Financial Commission consisting of
members appointed by the ISGA. The members should have distinguished
themselves or held high office in the fields of finance, administration or
business. This Commission shall make recommendations as to the amount out of
the Consolidated Fund to be allocated to the NorthEast. The GOSL shall make
its good faith efforts to implement the recommendation.
The ISGA will, giving due consideration to an equitable
distribution, determine the use of funds placed at its disposal. These funds
shall include the NorthEast General Fund, the NorthEast Reconstruction Fund
(NERF) and the Special Fund.
The GOSL agrees that any and all of its expenditures in
or for the NorthEast shall be subject to the control of the ISGA.
11.1. NorthEast General Fund
The NorthEast General Fund shall be under the
control of ISGA and shall consist of:
- 11.1.a. The proceeds of all grants and loans made by the GOSL to
the ISGA and the proceeds of all other loans made to the ISGA.
- 11.1.b. All allocations by the GOSL from agreements with states,
institutions and/or other organizations earmarked in any such
agreements for the NorthEast.
- 11.1.c. All other receipts of the ISGA, other than the funds
specified below.
11.2. NorthEast Reconstruction Fund
The NERF shall continue to exist in its present
form except that control over it will be transferred to the
ISGA.
All grants given for the reconstruction of
the NorthEast, will be received through the NERF. Utilization of
resources from NERF will be directly determined and supervised
by the ISGA.
11.3. Special Fund
All loans and any grants which cannot be
channeled through the NERF for the specific purpose of RRRD will
be received into the Special Fund. As in the case of other
Funds, the ISGA shall control the Special Fund.
12. Powers to Borrow, Receive Aid and Trade.
The ISGA shall have powers to borrow internally and
externally, provide guarantees and indemnities, receive aid directly, and
engage in or regulate internal and external trade.
13. Accounting and Auditing of Funds.
13.1. The ISGA shall appoint an Auditor General.
13.2. All Funds referred to in this Agreement shall be operated,
maintained and audited in accordance with internationally accepted
accounting and auditing standards. The accounts will be audited by the
Auditor General. The auditing of all moneys received from international
sources shall be subjected to approval by an internationally-reputed
firm appointed by the ISGA.
14. District Committees.
14.1. In the effective exercise of its legislative and executive
powers, the ISGA may create District Committees to carry out
administration in the districts and delegate to such Committees,
such powers as the ISGA may determine. The Chairpersons of such
committees shall be appointed by the ISGA from amongst its members
in order to serve as a liaison between the ISGA and the Committees.
14.2. The other members of the Committees shall also be
appointed by the ISGA, which shall have the powers to suspend or
terminate any such appointment. In appointing such members, due
consideration shall be given to ensure representation of all
communities.
14.3. The Committees will function directly under the ISGA.
14.4. The Chief Administrator of the ISGA shall appoint
Principal Executive Officers in the districts, who shall also
function as the Secretaries to the Committees. The Chief
Administrator shall have the powers to suspend or terminate any such
appointment.
14.5. All activities and functions of the Committees shall be
coordinated through the respective Secretaries to the Committees.
14.6. Sub-committees may also be appointed to facilitate
administration.
15. Administration
As part of the exercise of its executive powers the ISGA
shall have direction and control over any and all administrative structures
and personnel in the NorthEast pertaining to the powers set out in Clause 9
of this Agreement.
The ISGA may, at its discretion, create expert advisory
committees in necessary areas. These areas will include but are not limited
to Economic Affairs, Financial Affairs, Judicial Affairs, Resettlement and
Rehabilitation Affairs, Development of Infrastructure, and Essential
Services.
16. Administration of Land
Since land is vital to the exercise of the powers set out
in Clause 9 (jurisdiction of the ISGA), the ISGA shall have the power to
alienate and determine the appropriate use of all land in the NorthEast that
is not privately owned.
The ISGA shall appoint a Special Commission on
Administration of Land to inquire into and report on the rights of
dispossessed people over land and land subject to encroachment,
notwithstanding the lapse of any time relating to prescription.
The ISGA shall determine the term of competencies of the
Special Commission.
17. Resettlement of Occupied Lands
The occupation of land by the armed forces of the GOSL,
and the denial to the rightful civilian owners of unfettered access to such
land, is a violation of the norms of international law. Such land must be
immediately vacated and restored to the possession of the previous owners.
The GOSL must also compensate the owners for the past dispossession of their
land.
The ISGA shall be responsible for the resettlement and
rehabilitation of displaced civilians and refugees in such lands.
18. Marine and off-shore resources
The ISGA shall have control over the marine and offshore
resources of the adjacent seas and the power to regulate access thereto.
19. Natural Resources
The ISGA will have control over the natural resources in
the NorthEast region. Existing agreements relating to any such natural
resources will continue in force. The GOSL shall ensure that all monies due
under such agreements are paid to the ISGA. Any future changes to such
existing agreements should be made with the concurrence of the ISGA. Future
agreements shall be entered into with the ISGA.
20. Water Use
Upper riparian users of river systems have a duty to
ensure that there is a fair, equitable and reasonable use of water resources
by lower riparian users. The GOSL and the ISGA shall ensure that this
internationally recognized principle is followed in the use of water
resources.
21. Agreements and contracts
All future agreements concerning matters under the
jurisdiction of the ISGA shall be made with the ISGA. Existing agreements
will continue, but the GOSL shall ensure that all proceeds under such
agreements are paid to the ISGA. Any changes to such existing agreements
should be made with the concurrence of the ISGA.
22. Settlement of Disputes
Where a dispute arises between the Parties to this
Agreement as to its interpretation or implementation, and it cannot be
resolved by any other means acceptable to the Parties including conciliation
by the Royal Norwegian Government, there shall be an arbitration before a
tribunal consisting of three members, two of whom shall be appointed by each
Party. The third member, who shall be the Chairperson of the tribunal, shall
be appointed jointly by the Parties concerned. In the event of any
disagreement over the appointment of the Chairperson, the Parties shall ask
the President of the International Court of Justice to appoint the
Chairperson.
In the determination of any dispute the arbitrators shall
ensure the parity of status of the LTTE and the GOSL and shall resolve
disputes by reference only to the provisions of this Agreement.
The decision of the arbitrators shall be final and
conclusive and it shall be binding on the Parties to the dispute.
23. Operational Period
This Agreement shall continue until a new Government for
the NorthEast, pursuant to a permanent negotiated settlement, is
established. The Parties will negotiate in good faith to reach such a
settlement as early as possible.
Provided, however, that at the end of four years if no
final agreement has been reached between the Parties to this agreement, both
Parties shall engage in negotiations in good faith for the purpose of
adding, clarifying, and strengthening the terms of this Agreement.
