Jain Commission - Indo Sri Lanka Agreement - Chapter 3 Sections 23 to 47

Tamils - a Trans State Nation..

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
- Tamil Poem in Purananuru, circa 500 B.C

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Indo-Sri Lankan Agreement: Evolution and its Aftermath
Chapter III - Anti-India, Anti-Agreement and Anti-IPKF Tirade

23 With the signing of the Indo-Sri Lanka Agreement, there were disturbances in Colombo and other parts of Sri Lanka and rallies were held in front of the India House at Colombo. Sinhalese were not in favour of the Agreement. Even some of the Members of the Government were opposed to the Agreement and were spearheading anti-Agreement rallies and propaganda.

The LTTE refused to surrender arms after the event in October 1987 when 12 LTTE cadres, who were in custody and were being transported to Colombo, consumed cyanide and committed suicide. In view of such a situation, hostility had started between the IPKF and the LTTE. IPKF, in order to disarm the militants, particularly the LTTE, had to commence its operations. The LTTE set its propaganda machinery in full swing.

It has a vast network in various countries where its publicity wing is engaged in creating public opinion through publication of various types of materials in the form of pamphlets, write-ups, video films, interviews and its own magazines. It has even ventilated its thinking, view-point, ideology, philosophy by adopting various methods to create public opinion. It indulged in highlighting and focussing the alleged atrocities by the IPKF against innocent Tamil civilians. LTTE condemned the attitude of the Government of India and attacked the Indo-Sri Lankan Agreement and adventures of the IPKF.

In respect of alleged atrocities, a compilation was made of photos and other publicity material in the form of a book by the name "Satanic Force". During the course of investigation of Shri Rajiv Gandhi assassination case, it came to light that the two volumes of the book by the said name have been printed by the Falcon Print and Convasions, 750, Anna Salai, Madras. During search operations conducted by the SIT, one 'Diary of Heroes' and two volumes of 'Satanic Force' - "Heinous crimes of Indian Peace Keeping Force" and original delivery note and other papers were seized.

The books showed their printing in U.K. As a matter of fact, both the volumes were printed in Madras to the tune of about 4,000 copies. They were at binding stage. A sum of Rs. 60,000 was paid in advance to Shri K. Venkataraman, Executive of the Falcon Press by one Shri Vasant Kumar. The two volumes run into 1726 pages. It prints photos of various persons, who were said to have died in IPKF operations and photos of other events along with compilation of other publicity material in the form of speeches, interviews and articles. It also published the speech delivered by Shri V. Prabhakaran at Sudumalai on 4th August 1987 on his return from Delhi after the signing of the Indo-Sri Lanka Agreement.

It is not possible nor there is any necessity nor it will be meaningful to refer to the entire material published by LTTE and other supporters of LTTE at different centres but some prominent publications and interviews need reference.

24 First of all, I may take up the public address of Shri V. Prabhakaran at Jaffna (Sudumalai) on 4th August 1987 which is published in 'Satanic Force' at page 64. Prabhakaran said: "You are aware that this Agreement, concluded suddenly and with great speed between India and Sri Lanka, without consulting our people and without consulting us, our people's representatives is being implemented with expedition and urgency. Until I went to Delhi, I did not know anything about this Agreement. Saying that the Indian Prime Minister desired to see me, they invited me and took me quickly to Delhi. This Agreement was shown to us after I went there". "Accordingly, we made it emphatically clear to the Indian Government that we are unable to accept this Agreement".

From the narration of events in the first Chapter, it is evident that these statements are not correct. The evidence which has come before the Commission amply establishes beyond doubt that the outline of the Agreement was discussed with the LTTE Supremo and other LTTE Leaders at Jaffna by Shri Hardip S. Puri on 19th July 1987 and 20th July 1987.

The same was discussed when Shri Prabhakaran and other members of the Delegation were airlifted to Delhi. At Ashoka Hotel, Delhi, several meetings had taken place with the Indian officials. Not only that, the LTTE leaders including Prabhakaran discussed with the Chief Minister, Shri M.G. Ramachandran and another Minister S. Ramachandran and the final talks had taken place with the Prime Minister. All implications of the Agreement and all other practical problems were discussed and the LTTE leaders had agreed for implementation of the Agreement on their part.

All their concerns were taken note of and assurances were given by the Prime Minister to safeguard the interest of Sri Lankan Tamils and ensure their protection and safety. No such desire or demand was ever expressed that after the discussions at Jaffna or at Delhi with the officials, with Shri M.G. Ramachandran and Shri S. Ramachandran and the Prime Minister they would consult the general body of LTTE cadres of all wings or their representatives.

In his speech, Prabhakaran also said, "But the Indian Government stood unbudging on the point that whether we accepted or did not accept the agreement, it was determined to put it into effect".

This view of Shri Prabhakaran also does not stand scrutiny in view of his categorical expression before the Prime Minister of having consented for the Agreement and assured full cooperation in the implementation of the Agreement. There was no question of imposing the Agreement on the LTTE which was next to impossible. In the speech, Prabhakaran also said that the Agreement primarily concerned with Indo-Sri Lanka relations.

The developments, while narrating the events, clearly bring out that India's primary concern was settlement of the ethnic issue peacefully. Day to day and hour to hour happenings in connection with the discussions, negotiations and talks clearly go to point out the concern of the Prime Minister and of the Government of India to see that lasting peace may dawn in the Northern and Eastern Provinces of Sri Lanka and Tamil brethren may begin to lead a normal peaceful life. It is true that the developments were so fast, and the matter was taken up with all speed, as it was thought that the concessions which are forthcoming and for which President Jayawardene has expressed his agreement, for one reason or the other, Sri Lankan Government may not back out.

From the negotiations as proceeded, it would appear that there had always been occasions when mind showed change in all the meetings which the High Commissioner had at different levels, the earlier agreed stand was found shaking. For arriving at such an Agreement, no opportunity should be lost and for that reason, Indian Prime Minister was keen to see that the Agreement is signed at the earliest.

The Indian Prime Minister was even willing to visit Colombo on 26th but it had to be postponed to 29th as arrangements were not possible to be made in such a short notice by the Sri Lankan Government and he accepted the date 29th as suggested by President Jayawardene despite the possibility of disturbance on the eve of signing of the Agreement and, in fact, disturbance did take place and even an attempt on his life was made. The reason for showing keenness on the part of the Prime Minister and the Indian Government is obvious, as the same was in the interest of Sri Lankan Tamils.

This part of the speech by V. Prabhakaran is also incorrect where he said, "that is why we firmly objected to the conclusion of this Agreement without consultations with our people and without seeking our views". If such an objection had been raised that consultation has to be made with LTTE cadres in a general meeting of the LTTE to be called and they are to be apprised of the stipulations in the Agreement, it was open to the LTTE leadership to express so to the Indian officials and to the Indian Prime Minister. The statement made by Shri Prabhakaran on 29th July 1987 released to the press, does not make out that he has rejected the Agreement.

Shri V. Prabhakaran and other leaders readily agreed, after discussions of the outlines of the Agreement, to be airlifted to Delhi. The stipulations of the Agreement were made known to them and feeling inclined to discuss further with the Prime Minister, they agreed to visit Delhi. From the further conduct of Shri V. Prabhakaran, it could be said that the Agreement was not at all forced on Sri Lankan Tamils. This would be evident from the letter written by Shri Prabhakaran to Shri J.N. Dixit on 27.9.1987 agreeing to Shri Dixit's suggestion regarding the composition of the Interim Administration and signing of the minutes in respect of the representation in the Interim Administrative Council of the various militant groups, by Shri Mahendra Raja, Deputy Leader of LTTE on the direction by Shri V. Prabhakaran. It is true that all concerns of Sri Lankan Tamils were entrusted to the Prime Minister and to the Indian Government not only with regard to their safety and protection, but even with regard to their future rehabilitation and more particularly the rehabilitation of LTTE cadres. How far the following statement in his speech turned out to be true, may be seen.

"Were we not to hand over our weapons, we would be put in the calamitous circumstance of clashing with the Indian Army. We do not want this. We love India. We love the people of India. There is no question of our deploying our arms against Indian soldiers".

25 A similar paper was presented by the Political Committee of the LTTE with the title "Indo-Sri Lanka Accord and the Tamil struggle for self- determination", on 26.10.1988.

It was said that India declared a war against Tamil movement in a desperate bid to implement the Agreement by military terror and repression. This was the most disastrous foreign policy decision made by the Government of India because it clearly undermines the status of India as mediatory power and a peace force in the region. This direct military intervention has tarnished the non- aligned image of India and positioned her as an aggressive power in the region capable of imposing its will on the neighbouring nations to secure her strategic and geo-political interests.

LTTE is conscious of the security concerns of India in South Asia and fully support her foreign policy of declaring the Indian ocean as a zone of peace and LTTE is aware that the Agreement was primarily intended to prevent the penetration of international subversive elements in the region and to secure India's status as a regional super power in South Asia. But this strategic objective can be secured by playing an effective mediatory and peaceful role in the neighbouring countries where internal conflicts might threaten the peace and stability of the region. In the case of Sri Lanka, the IPKF which were sent to maintain peace and to supervise the ceasefire between Sri Lankan Army and the LTTE were suddenly turned into an army of aggression and occupation against a friendly people who looked upon India as their protector and thereby India has lost its status as a peace-maker and mediator.

The LTTE's spokesperson Anton Balasingham was even critical of the stipulations in the Agreement. LTTE was even critical of the 13th Amendment which, according to them, does not bestow any meaningful executive or legislative powers to the Tamil people. Instead, it allows extra-ordinary political powers to be vested with the Sinhalese controlled Central Government. According to the LTTE, the Agreement was in total disregard to Tamil aspirations, seeks to impose a settlement subjugating their people to the tyranny and dictating the people a majority rule. It allows the perpetuation of the domination, oppression and exploitation of the Tamil masses by the racist Sinhalese rule.

Conceptual questions raised in the paper actually have no basis as the same were posed and discussed, after having felt convinced by the LTTE Leadership, were not pursued further obviously for the reason that the dream and goal for Eelam is a distant reality and vision at the present stage of the struggle. So the LTTE expressed total agreement with the Accord.

27 Prabhakaran expressed that it is a tragedy that the Government of India completely disregarded the political aspiration, interests and security concerns of the Sri Lankan Tamils who have suffered long years of genocidal oppression but was primarily concerned about the LTTE's arms which constituted the shield of security for them. This was the Himalayan blunder made by India and she has learnt a bitter historical lesson for such a misguided policy. Prabhakaran eulogised Premadasa.

28 Mr. Prabhakaran also gave interview to the B.B.C. Correspondent Chris Morris on 1.9.1991 during his visit to the North Sri Lanka which was broadcast in the BBC Tamil broadcast on 4.9.91 at 2115 hours. In this interview, on being questioned about LTTE's involvement in the assassination of Shri Rajiv Gandhi, Mr. Prabhakaran came out with the reply that there is no connection between the assassination of Shri Rajiv Gandhi and the LTTE organisation whatsoever. The Indian Government appears to tarnish their organisation at international level.

When questioned about the crackdown on the activities of the LTTE, Mr. Prabhakaran replied that LTTE was used a pawn in the game of politics in Tamil Nadu. Indian Central Government and the Tamil Nadu Government are engaged in a calculated plan to turn the Tamil Nadu people against the LTTE and against this struggle. Vast propaganda is being carried out to tarnish the LTTE. However, the Tamil Nadu people are supporting them and their struggle.

About relations between the LTTE and India, Mr. Prabhakaran replied that there have been many problems in relations between India and their organisation for a long period. In 1983, the Indian Government intervened in their problem. It created many armed groups by providing weapon training. Later in 1987, it signed a peace Accord with the Sri Lankan Government and attempted to thrust it on our people. When they opposed this, it declared a war against the LTTE. The Indian Government thus attempted to maintain its own interest. As a continuation of this long bitter history, India acts against their organisation. This attitude of India certainly disappoints them and worries them.

29 In this statement the political wing of the LTTE, while recalling the events from the signing of the Agreement, to the IPKF operation, stated that LTTE was forced to fight the IPKF for self-preservation and die with honour rather than surrender with humiliation. The statement was critical of alleged atrocities by IPKF, sealing of LTTE office in Tamil Nadu and Indian media coverage on LTTE action. The statement added that the present attitude of Government of India is unfair, undemocratic and insisted that LTTE which is the sole representative of the Tamils in Sri Lanka, should not be denied freedom of expression and it called upon progressive democratic forces to use their good offices and persuade the Government of India to call off military action against LTTE and adopt a path of negotiation to resolve the conflict.

30 In this Press Release with the above caption, datelined Tamil Ealam, July 9, 1988, the LTTE inter alia stated :

"The unjust war of Indian aggressors on the soil of Tamil Eelam has resulted in large scale civilian casualties. Women have been wronged and properties and natural resources of Eelam destroyed. India is trying to teach democracy to the Tamils when they have been ravaged by racial carnage and oppression for the past 40 years. The Tamils' struggle is not for the sake of a temporary merger of the Northern and Eastern provinces and for holding elections there since the North and East are the traditional homeland of Tamils and cannot be divided.

The world at large, and the Sri Lankan Government, in particular, have understood that neither the Tamil struggle could be wiped out nor the Tigers destroyed. India which came to protect Tamils, has committed a racial genocide of Eelam Tamils which is worse than the Sri Lankan Government. It is trying to hold bogus elections in Tamil Eelam, which has already been converted into a big Indian military cantonment with the help of traitors. India is planning to install its stooges in power and mislead the world into believing that democracy has blossomed in Eelam.

As India is aware that the LTTE will not accept any solution that will not guarantee lasting peace to the Tamils, it is trying to annihilate the LTTE and its leaders. India is mistaken if it thinks that it can impose the bond of slavery namely, the Indo-Sri Lanka Agreement on Eelam Tamils with the help of quislings and by annihilating the LTTE and its leaders. If these killings by India continue, Eelam Tamils will have no other option than to stop the peace talks and to prepare for a prolonged war against foreign aggression".

31 Press Release dated 24th July, 1988 was issued on the first anniversary of the signing of the Indo- Sri Lanka Peace Agreement. LTTE appealed to all Tamils to observe total strike throughout Tamil Eelam on July 29, 1988. This press release highlighted the following points:

ii. "though the Government of India had promised that the Agreement would envisage several benefits to Tamils including merger of the North and East, equal status to Tamil language with Sinhala and powers to Provincial Council on par with those enjoyed by States in India, the Tamils have got nothing;"

iii. "though the entire world knows that an independent Eelam is the only solution to the Tamil problem, many countries are not supporting it for fear that the success of the Tamil Eelam liberation struggle might pave the way for uprising of their own oppressed communities. Moreover, many countries did not want to antagonise India for various reasons and hence have been mute witness to India's actions and the IPKF atrocities and are supporting the Accord;" and

iv. "by observing a total strike on July 29, Eelam Tamils should show to the world that they do not accept the Agreement of slavery and that all Tamils support the freedom struggle".

32 The LTTE has in a letter dated February 9, 1989, addressed to the 45th Session of the U.N. Commission on Human Right, Geneva, appealed for mediation of the United Nations to find a negotiated political settlement to the ethnic conflict in Sri Lanka and to use its good offices to persuade India to effect immediate ceasefire and withdraw all its troops.

33 In its letter, the LTTE made allegations of atrocities by the I.P.K.F. and the IPKF has further aggravated terrorism by the Indian backed Tamil Armed Groups and it has also clamped down on all sources of information in collusion with the Sri Lankan Government, and has created fighting conditions of Civil War in the Tamil as well as in the Sinhalese areas, and in a desperate effort to salvage the Agreement, the Governments of India and Sri Lanka have embarked on ruthless methods utilising their military machines to terrorise and subjugate the Civilian masses. The Tamil people are deeply dis-illusioned and disappointed with India's policy and have lost all trust and hope in the Government of India. They are convinced that the India Administration has aggressive and hagemonistic designs in the region with the purpose of consolidating its strategic and geo-political ambitions rather than to secure the interests of the Tamils.

34 The LTTE issued a statement with the above caption during the last week of February 1989 that the elections held in February 1989 nearly indicated that the Tamils as well as the Sinhalese had totally rejected the Indo Sri Lankan Agreement. In order to prove its point, it has mischievously distorted the voting figures of these Elections.

35 A statement was issued with the above caption on April 12, 1989 in which LTTE has alleged that the IPKF, with the assistance of North Eastern Provincial Government has imposed economic and occupational blockade in Trincomalee by banning the people for going out for fishing, farming and distribution of essential commodities.

36 In another statement issued on the same day with the above title, the LTTE pointed out that the ban was a part of its struggle against the "foreign aggressors" and their cronies who were trying to impose their will on the Tamils and as a result many Tamil women have become widows, children have been orphaned. Stating that those who betray the cause of the struggle for Independent Tamil Eelam, in order to safeguard their own posts and positions, would be considered as `traitors'. The LTTE called for the support of all Government employees in their struggle. Justifying the recent killing of Ramanathan AGA, Jaffna, for defying the LTTE's ban on civil Administration, the LTTE asserted that it had no other recourse but to punish such 'traitors'.

37 The LTTE offered amnesty to those members of the Citizens' Volunteer Force who surrendered with their arms. It was alleged that the Citizens Volunteer Force is being used by the IPKF and its "stooges" for killing the Tamils and for other "immoral" acts. It is stated that those who refuse to carry out such instructions were being punished and over 50 C.V.F. members have been killed during the last two months. According to the LTTE many Tamils enrolled in the C.V.F. have realised that they were being treated as mercenaries of the Indian "Occupation Force". It concluded by stressing that the C.V.F. members who surrendered to the LTTE and those who responded to its call would be given general amnesty.

38 It is alleged that while the LTTE is having fight against the "annexing" Indian Army, in order to redeem its motherland, "traitor" groups like the EPRLF, ENDLF, TELO and PLOTE are indulging in acts of betrayal. These groups are trying to set up a force of "minions" called `Citizens Volunteer Force', the LTTE declared that it is now necessary to destroy the C.V.F. and in such propaganda statement, the LTTE have been terming these groups as "traitors" "quislings", and "stooges". EROS has not been mentioned in such statements.

The LTTE issued a statement on May 8, 1989 in which it emphasised that whenever Sri Lankan Tamils faced any difficulties, in the past, they had looked towards India for help, and the people of India and Tamil Nadu in particular, have raised voices in their support. Giving its own version of circumstances leading to confrontation between the LTTE and Government of India, it has alleged the Government of India has embarked upon a policy of suppressing the freedom struggle of Sri Lankan Tamils. LTTE also directed its appeal towards Indian soldiers and stressed that they should not blindly follow the orders like slaves. Reminding the Indian soldiers that they have been enlisted in the Army to guard "Bharatmata", it alleged that their pious and honourable attitude is being misused by the Indian authorities.

The LTTE affixed posters in Jaffna that those who maintain contact with EPRLF, TELO, ENDLF and IPKF will be awarded death sentence. Gram Sevaks in the North have also been warned by the LTTE against visiting IPKF or Citizens Volunteer Force camps. Several Tamil civil servants working with the North Eastern Provincial Government (NEPG) have also been threatened by LTTE militants that unless they quit working or resign from their jobs, they would be suitably dealt with. The threat has created a fear amongst the Tamil civil servants in the North East especially after the death of Government Agent of Jaffna at the hands of LTTE.

39 The LTTE explained in this statement the rationale behind the recent declaration of cessation of hostilities between LTTE and the Sri Lankan Government. It was pointed out that an undeclared ceasefire was in fact successfully in force since the commencement of talks between the two sides. President Premadasa, during these meetings, had advised that the prevailing ceasefire should be officially announced. He was of the view that once it was officially announced and placed before the Sri Lankan Government, IPKF personnel could be dispensed with as it was invited to enforce ceasefire between the Sri Lankan Government Forces and the LTTE.

The LTTE which accepted the advice of the President has averred that open announcement of the ceasefire would be forceful argument against the prolonged stay of IPKF in Sri Lanka. Besides the on-going talks between the LTTE and the Sri Lankan Government would be made more meaningful and productive and it will underline the fact that the LTTE is concerned about peaceful methods. The statement alleged that the publicity made by the Government of India and the North Eastern provincial Council that Sri Lankan Armed Forces would kill the Tamil speaking people after the IPKF's withdrawal created fear among the Tamils.

LTTE considers that it was the prime duty of the Sri Lankan Government and the LTTE to remove this fear and enthuse confidence among the Tamil. This statement also discloses that on the suggestion of the Sri Lankan Government the LTTE was willing to extend the ceasefire to the IPKF on the following two conditions:

40 LTTE issued a statement with the above caption on September 9, 1989 in which it has criticised the North Eastern Provincial Council and alleged that both the Provincial Council and the Parliamentary Elections in the North East were stage-managed by India. NEPC has been formed by the Government of India to look after the Indian interests. Levelling several allegations of atrocities including murder, rape and destruction of properties against the NEPC in connivance with the Indian Army, LTTE has asserted that the NEPC was not acceptable to the people of the Tamil Eelam and stressed that it would not be able to rule for a long time. It has called upon all Secretaries, Officers and other employees working under the NEPC to resign by October 1, 1989 lest they should be considered 'anti-national'. It was also announced that the LTTE would destroy all the properties of the NEPC and the "anti-nationalists" after October 1, 1989.

41 Ms Anita Pratap had been in the field of journalism for the last twenty years and she had occasions to have interviewed Shri V. Prabhakaran, a number of times. About Prabhakaran she deposed, "As she had a series of interviews, she knew the mind of Prabhakaran, but according to her, Prabhakaran was a very cunning man and he will not let it known what is there in his mind. He is very secretive". The first interview by him appeared in 'Sunday', February-March issue of 1984 with the caption "If Jayawardene was a true Buddhist, I would not be carrying a gun" (Ex. 406). She had another interview which was published in 'Time Magazine' dated 9th April, 1990 with the heading "A Tiger changes stripes" (Ex.413). She had this interview at Mullaitivu. Even after assassination of Shri Rajiv Gandhi, Prabhakaran gave an interview to her around September 1991, extracts of the interview appeared in Indian Express dated 11th September, 1991, as there was no space in Time Magazine (Ex. 419). She also interviewed Prabhakaran at the time of Indo Sri Lankan Agreement, which appeared in India Today (August 15, 1987) on page 78-80 (Ex. 416).

41.1 On LTTE affairs, she had written a number of articles and reports in various journals on the basis of her study and interviews :

1. Sunday Feb/March "If Jayawardene was a 406 (Interview of 1984 true Buddhist, I would Prabhakaran not be carrying a gun" somewhere in Tamil Nadu.

2. Time Magazine 9th April "A Tiger changes 413 1990 Stripes"(Interview of Prabhakaran). at Mullaitivu

3. Indian Express 11.9.1991 "We did not assassinate 419 Rajiv" Prabhakaran (Interview)

Her reports are Ex. 407, 409, 410, 411, 412, 415, 417, 418, 420, 421, and 422 published in 'India Today' and `Times' Magazine.

Her writings assume significance because of her visits to Jaffna and Sri Lanka, gathering informations there and interviewing LTTE Supremo and other leaders. The statements made by Prabhakaran during interviews do not reflect reality regarding the Agreement and its implementation. Her statement is mostly based on the knowledge she had from the interviews and also from the knowledge she had acquired at the spot.

42 Shri M. Karunanidhi had come to know about the video tape of the meeting of Shri V. Gopalsami with Prabhakaran and other LTTE leaders in Jaffna. Shri Karunanidhi deposed before the Commission: "I even condemned Gopalsami's visit to Sri Lanka. Hence I definitely felt the Exhibition of such video tape is a condemnable act".

He further deposed "In June 1990 when the Tamil National Movement wanted to hold a Convention and an Exhibition in Thanjavur, I banned the Convention and the Exhibition and also detained three persons under the National Security Act. However, after the dismissal of my Government during the Governor's rule when the same Convention was held on 20th April, 1991, it was allowed to go.

That Convention was held in Thanjavur. I produce the report of S.P. 'Q' Branch dated 3rd May 1991 in respect of the Convention held on 20.4.1991 marked Ex. 622. In that Convention I was criticised for not having permitted the holding of the Convention in June 1990 and was portrayed an enemy of the LTTE". Ex. 622, the report of S.P. refers to various speeches delivered during the Convention. Speeches were pro-LTTE.

There were as many as 18 persons who addressed the gathering and the speakers expressed their support to the LTTE in their struggle for Tamil Eelam and criticised the Government for resorting to NSA against those who were supporting the LTTE. They demanded from the people to contribute liberally to Tamil Desiya Eyakkam (Tamil National Movement) and insisted the right of self- determination should be given to all the States in India. Thiru Kasliaperumal expressed support to LTTE Leader Thiru Prabhakaran. Organisation of Convention and Exhibition in Thanjavur shows the penetration of LTTE thinking in Tamil Nadu.

43 An article titled Jaffna Tour was published by M.S. Karmegham in Eela Nadu, Paris, Weekly Edition. This contains questions and answers, series of various critical questions of ethnic issue in Sri Lanka and the Indian position on the issue and also the Indo- Sri Lanka Agreement. Questions have been posed to Shri Balasingam and his replies have been recorded. It finds mention in the article that those who obstruct the LTTE towards its ideals only were eliminated. When he was questioned about assassination of Amirthalingam, Balasingam's interview gives the mind of the LTTE on Tamil Problems in Sri Lanka.

44 The State run Sunday observer reported on 19.9.1993 that the LTTE had launched a campaign in the Northern Jaffna Peninsula, its main stronghold, to protest against New Delhi's "attitude" towards the rebel group. It said: "Anti-India rallies were being held and posters and placards condemning India put up all over Jaffna as part of the campaign coinciding the week long 6th Death Anniversary observance of LTTE Leader Thileepan who had fasted unto death and died. The LTTE accused India of not respecting the struggle of the Sri Lankan Tamils and rejecting their demand in a humiliating manner.

45 The Commission sought information in connection with the LTTE's propaganda centres in various countries which keep on publishing material concerning LTTE activities and the stand taken by the LTTE on Indo-Sri Lanka Agreement, IPKF, use of Indian territory by the LTTE, LTTE's policy towards the Indian Government and on Formation of Greater Eelam.

45.1 The Liberation Tigers of Tamil Eelam (LTTE) has an International Secretariat in London in the United Kingdom and has offices in Paris and Canada.

Till May 1991, most of the international activities of LTTE were directed from London. After the expulsion of Kittu from U.K., many of the activities which earlier used to be carried out from London are presently being carried out from Paris. It is gathered that the following are the broad activities of the LTTE's Centre in London.

(b) Sale of Publicity material, including video cassettes on various LTTE activities in Sri Lanka;

(e) Publicity and propaganda work including bringing out of publications like Erimalai, Kalathil, Ulaga Thamizhai and Seithi Kathir; and

The U.K. Wing of the LTTE is located at 51, Spelbourne Gardens, Hendon, London. This office is mainly involved in fund raising and lobbying. Santakumar is the head of the LTTE in the U.K. and Antonraja Ramachandran is the LTTE's spokesman in the U.K. Kunganathan, Kungachandran and Nerulesan and members of the LTTE's Executive Committee in the U.K. Daniel, a prominent U.K. based LTTE leader, is the Chief Representative of the LTTE in Europe. Meetings of the LTTE executive in U.K., usually held in Russell Square, London are attended by other Tamil groups associated with the LTTE, like the students Organisation of London Tamils (S.O.L.T) and the Research Orientation of Tamil Eelam (ROOT) and the U.K. Wing of LTTE.

Further, World Tamil Coordination Committee (WTCC) which coordinates activities of the LTTE worldwide has its head-quarters in London. This body is actively involved in collecting funds from overseas Tamils for the purpose of purchasing arms and other military equipment for the LTTE. The funds collected by the various units of this body in different countries are sent to U.K. and disbursed from U.K. to LTTE units in Bangkok, Singapore and Sri Lanka through clandestine means.

The LTTE has an information centre in U.K. where there is a telephone service which issues the daily bulletin containing recorded version of the present situation in the North and East of Sri Lanka. The telephone number of this information service is 071-837-0808.

The LTTE wing in the United Kingdom publishes three journals namely `Namnadu', `Kakalam' and `Oloi Osai'. Expatriate Tamils in U.K. publish a number of other journals in which pro-LTTE views are expressed.

The LTTE also has a number of front organisation in U.K. such as Tamil Sangam; Tamil Women League; Tamil Action Committee; Tamil Rehabilitation Organisation, Tamil Refugee Action Group; and non- governmental organisations (NGOs) such as Dr. Bernado's Children Society and Quakers International which have links with LTTE.

45.2 There have been various periodicals/publications brought out by the LTTE and its front/sister organisations, namely, "Saidi Kutir" (monthly), "Erimalai (monthly), Illanadu Paris" (Weekly). "Erimalai" is circulated among LTTE's sympathisers while the other two publications are put out for sale. LTTE has also brought out a video magazine "Trishanam" in three parts shot in Jaffna meant for propaganda purposes.

45.3 LTTE has opened a series of telephone centres all over Germany. Those interested in getting information concerning the LTTE can ring up one of the numbers and get the pre-recorded news bulletin. These bulletins mainly focus on developments in Sri Lanka and occasionally have anti-Indian references. Various statements released by the LTTE's International secretariat are distributed among the diplomatic corps and others in Germany. The pro- LTTE propaganda having anti-India bias has also come to notice. The world Tamil Movement, a pro- LTTE organisation run by Sri Lankan Tamils in Bonn distributes the following publications:

45.4 A couple of issues of "Tamil Eelam News" from a local foundation called `Stichting Tamil Coordinating Committee, Netherlands' were received in The Haque. It appears the same has been discontinued as the same has not been distributed for quite some time.

45.5 The following propaganda material of the LTTE is known to be published in the Toronto area: (i) Senthamarai (Weekly), (ii) Thayagam (Weekly), (iii) Thamilosai (Weekly), (iv) Thamilaruvy (bi- weekly) and (v) World Tamil Movement (Weekly). Some pro-LTTE literature is however being sent from Toronto area to Vancouver and other places in Western Canada having sizable Tamil population.

45.6 No regular publication emanate from Australia Publications are received in English as well as in Tamil from London. Some sympathisers of LTTE are there in Australia who indulge in propaganda from the human rights angle.

45.7 The Indian Mission in Washington receives propaganda material on Sri Lanka.

46 Much of the propaganda material was directed on the alleged atrocities by the IPKF in the Northern and Eastern Provinces of Shri Lanka during its operations. The two volumes of `Satanic Force' brought out immense material in connection with the alleged atrocities. The Ministry of Defence submitted information in respect of the alleged atrocities.

Shri D. Basu, Joint Secretary, Ministry of Defence has filed his affidavit No. 147/93. He has stated in his affidavit that even minor acts of indiscipline on the part of the members of the IPKF were thoroughly investigated by the institution of Town Commander, Jaffna. This was designed to revive the dis-integrated Civil Administration. People approached Town Commandant, Jaffna to air their grievances and settle disputes.

Cases which were beyond the jurisdiction of the Town Commandant Jaffna were forwarded along with the channel of command of investigation for suitable action by higher authorities. Cases where disciplinary action was warranted, were handled very promptly under the provisions of the Army Act.

46.1 Shri V. Gopalsami condemned the IPKF Operations, in his affidavit before the Commission, as under :

The IPKF was under an obligation to act under the Indo-Sri Lankan Agreement. It went on the invitation of the President of Sri Lanka. When LTTE refused to surrender arms and resorted to violence after the suicide by 12 LTTE cadres in October 1987, there was no way out for the IPKF except to start operations with a view to disarm the LTTE and other militant groups. There has been no excesses on the part of the IPKF as stated by Lt. General A.S. Kalkat and also in the light of the material furnished by the Ministry of Defence. On the basis of the evidence on record, the statement of Shri V. Gopalasami cannot be taken at its face value.

Having regard to the nature of operation carried out by IPKF and having regard to the total deployment, the allegation of excesses atrocities cannot be found to be substantiated. It is true that some lapses were there on the part of IPKF personnel but in such massive operations, the entire activity of IPKF cannot be branded to be in the nature of causing excesses and atrocities in the Northern and Eastern Provinces.

On the nature of LTTE organisation, it has been said "LTTE was an extremely well motivated - almost fanatical in its approach. This is borne out by the fact that many LTTE cadres committed suicide by swallowing cyanide capsules on being captured.

In one of the interviews (Ex. 419) to Ms. Anita Pratap, when a question was put to Prabhakaran, "but suicide is an LTTE trademark", "we wont accept this theory. After all, Sikhs wanted to kill Rajiv Gandhi too".

On the nature of organisation, it is further said that LTTE is a ruthless, treacherous and a well trained guerrilla force adept at ambushes, hit and run tactics and the use of Improvised Explosive Devices (IED). LTTE had set up a network of fund collecting and weapons purchase organisation in a number of Western and South Asian countries. LTTE had also a well-established network of local arms manufacturing centres. LTTE looked upon IPKF as an obstacle to its goal of achieving Eelam and therefore wanted the IPKF to be withdrawn as soon as possible, hence its major smear campaign against the IPKF.

47 The presentation of historical events by propagating dis-information, distortions & wrong informations would not in any way affect the hard realities. India's concern for solution of ethnic problem had always been earnest and sincere aiming at complete harmony and reconciliation in the Island. It is only with this objective in view that India had started its efforts by offering its good offices, by bringing the disputing parties to the negotiating table, by pursuing a mediatory role and all these efforts made by India failed.

Looking to the plight of Sri Lankan brethren on account of Sri Lankan Army Operations in April, May 1987, it had started negotiating a dialogue with all militant groups including LTTE and also with Sri Lankan Government. As a result of strenuous efforts undertaken by the Government of India headed by the Prime Minister, Shri Rajiv Gandhi, the Indo-Sri Lanka Agreement came to be achieved after a great deal of persuasion and impressing upon all concerned its rationality that it is in the interest of both Sri Lankan Tamils and the Sri Lankan Government so that peace may return in the trouble torn Jaffna Peninsula. It is incorrect to say that LTTE was not the consenting party to the Agreement. Prabhakaran backed out and refused to surrender arms and resorted to large scale violence which forced the Indian Army unwillingly to initiate operations and dis-arm them.

The whole anti-Agreement and anti-IPKF propaganda is far from truth. Neither there was any militarisation nor there was raising of any army in the form of C.V.F. by the IPKF and it would be wrong to name the IPKF an "Occupation Army". IPKF did not indulge in excesses and atrocities either against the civilians or even against the LTTE cadres. The operations of the IPKF were only to disarm the militants - LTTE as such was not its enemy. IPKF was engaged not only in disarming the LTTE and other militants as envisaged in the Agreement, but also was simultaneously performing various other duties and functions for establishing Civil Administration and for bringing about normalcy through democratic Government.

47.1 Indo-Sri Lankan Agreement was a remarkable diplomatic feat which if sincerely and faithfully implemented, the ethnic crisis would have been over and peace restored but its breach and opposition on the part of President Premadasa and his Government and their entering into an unholy alliance with the LTTE, not only completely destroyed the Agreement but even the gains were also lost. The unholy alliance left no alternative with India except to pull out its Force from the Northern and Eastern provinces of Sri Lanka without fulfilling its goals and objectives, after paying a very heavy price.