[see also
Sri Lanka President Premadasa's attempt to Replace the 1987 Indo Sri
Lanka Accord and
Sri Lanka - LTTE Talks: 1989/90
- A report by
Bradman Weerakone, Adviser to Sri Lanka President Premadasa
]
"...It has been our practice to maintain
the confidentiality of official correspondence particularly between
Heads of State or Government, unless otherwise agreed upon. However, the
gist of your messages to me was more often than not made available to
the media before they reached me. Now I find that all our recent
correspondence has been officially made public by the Sri Lankan
Government. I may thus be constrained to depart from tradition by
authorising this communication being made public, after you receive
it.." Prime Minister Rajiv Gandhi to Sri Lanka President Premadasa, 4
July 1989
2 June 1989 From President
Premadasa to Prime Minister Rajiv Gandhi
20 June 1989 From Prime
Minister Rajiv Gandhi to President Premadasa
29 June 1989 From President
Premadasa to Prime Minister Rajiv Gandhi
29 June 1989 From President
Premadasa to Prime Minister Rajiv Gandhi
30 June 1989 From Prime
Minister Rajiv Gandhi to President Premadasa
4 July 1989 From President
Premadasa to Prime Minister Rajiv Gandhi
11 July 1989 From Prime
Minister Rajiv Gandhi to President Premadasa
2 June 1989
From President Premadasa to Prime Minister Rajiv Gandhi
My dear Prime Minister, I am writing to you on some matters
of urgent importance. The most important matter relates to the presence of
Indian forces in Sri Lanka. After I assumed the Presidency of Sri Lanka, the
Government of India initiated the withdrawal of troops. We are grateful for
your prompt action in this regard.
One of the important campaign pledges
made by me at both the Presidential and Parliamentary elections was the
withdrawal of the IPKF on being elected to office. I assumed the office of
President of Sri Lanka on the 2nd of January, 1989. Five months have elapsed
since then. The complete withdrawal of the IKPF will hopefully contribute to
stabilising the situation in Sri Lanka, where the presence of the IPKF has
become a deeply divisive and resentful issue. It is also in keeping with
your often expressed sentiments that the IPKF will he withdrawn when
requested by the President of Sri Lanka.
I am thankful for the efforts of the IPKF during the time it
has been in our country. I have often paid tribute to the bravery of the
many officers and men who lost life and limb in the discharge of their
duties. The tragedy of violence has not only affected your soldiers, it has
also destroyed many Sri Lankans as well as our Armed Forces arid large
numbers of civilians, innocent and uninvolved, have suffered beyond
description. Their sacrifices must not be in vain. I am confident that a
complete withdrawal of the IPKF will enable me to secure the trust and
confidence of my people. Therefore, I would like all IPKF personnel to be
withdrawn by July 31st, 1989.
The withdrawal of the IPKF will also enable Sri Lanka to
host the SAARC Summit in November this year in a climate of tranquility. As
you are aware, we could not undertake our obligation to do this in 1988. You
will appreciate how difficult it is to a regional gathering of this nature
with foreign farces on our soil. Our people are most enthusiastic about
welcoming leaders of our own region, particularly our closest neighbours.
However, their anxieties must also be satisfied especially in relation to
their deep patriotic and nationalist sensitivities. In this context, we have
submitted several proposals
regarding an Indo-Sri Lanka Friendship Treaty. I believe that, in the
long term. such an agreement will further strengthen relations between India
and Sri Lanka. I await your response to our proposals in this regard.
We have always appreciated your sincere interest in the
unity and the territorial integrity of our country. Our own efforts to this
end need the understanding and goodwill of our neighbours. I believe, that
your people and you yourself share these objectives and will contribute to
their realisation.
I have just seen the Aide Memoire which was handed over by
your High Commissioner this evening. As the Aide Memoire refers to the need
for consultations between the Governments, I am designating my Foreign
Secretary to personally clarify our position on these matters.
With the assurance of my highest consideration and esteem.
20 June 1989
From Prime Minister Rajiv Gandhi to President Premadasa
Dear Mr. President,
I have your letter of the 2nd June, which was handed over to
me by your Special Envoy, Foreign Secretary Tilakaratne.
India is committed to preserving the unity and integrity of
Sri Lanka, under the terms of the Indo-Sri Lanka Agreement. It was a result
of this commitment and our responsibility as a guarantor for the
implementation of the Irrdo-Sri Lanka Agreement that we responded to the
request of the Government of Sri Lanka to send the IPKF. This was at a time
when the situation seemed headed inexorably towards the break-up of Sri
Lanka. During its presence, the IPKF has striven with considerable success
but at heavy cost to itself, to prevent such an outcome arid safeguard the
unity and integrity of Sri Lanka.
Three successive elections have been held peacefully despite
threats of terrorist violence in the North-East and all Tamil groups barring
one, had given up the demand for Eelam. If the process of devolution of
powers to the Provincial Council had been implemented in time and had the
deliberate attempt by the Sri Lankan Government to alter the population
balance in the Tamil areas by the continued state sponsored colonisation of
Tamil areas been stopped, the extremists would have been further isolated
and marginalised, and the violence ended.
You have yourself stated that we had started the withdrawal
of the IPKF even before you requested for it. A broad time-frame for the
IPKF withdrawal was also discussed at our initiative, based on which your
Foreign Minister had made a statement in your Parliament on the 31st March,
1989.
All this was being done on the basis of assurances given by
the Sri Lankan Government and on assumption that the implementation of the
Indo-Sri Lanka Agreement-especially the devolution of powers to the
Provincial Councils-would proceed simultaneously, so that the legitimate
aspirations of the Tamils could be met within the framework of the unity and
integrity of Sri Lanka. It is pertinent to recall that it was precisely
because these aspirations were not being met that a situation was created
which threatened the unity and integrity of Sri Lanka.
I have always maintained that the IPKF will not stay in Sri
Lanka a day longer than necessary. But we cannot be unmindful of the
responsibilities and obligations of the two countries under the Indo Sri
Lanka Agreement and to join the democratic process within the framework of a
united Sri Lanka only on the basis of assurances that the Tamil majority in
North-Eastern Province will be given substantial devolution of powers.
Our two Governments are therefore morally and legally bound
to ensure that the Tamils are given the autonomy they were promised, both in
the 13th Amendment to the Sri Lankan Constitution, as also in the additional
areas promised in the Agreement signed between the former President
Jayewardene and myself on the 7th November, 1987. Failure to do so will only
lend credence to the claims made by Tamil groups that Tamils cannot expect
justice within a united Sri Lanka.
We have to be fully conscious of the dangers of a return to
a situation which may be worse than prevailing prior to the Indo-Sri Lanka
Agreement. We believe that, in the spirit of traditional friendship between
our two countries, we must jointly draw up a mutually agreed schedule for
the full implementation of the Indo-Sri Lanka Agreement and the complete
withdrawal of the IPKF. The two have to be joint, parallel exercises.
We have no objection to your proposal for a friendship
treaty. I had told your Special Envoy that we could set dates for commencing
discussions with a view of finalising the text of the proposed treaty.
29 June 1989
From President Premadasa to Prime Minister Rajiv Gandhi
Excellency, I am glad to inform you that the LTTE has
announced a complete cessation of hostilities against the Sri Lanka
Government with immediate effect.
The LTTE which is no longer a proscribed group has in the
course of recent discussions with the Government of Sri Lanka agreed to
settle whatever problems they have through the process of negotiation. Under
the circumstances it will be appreciated if Your Excellency will ensure that
the IPKF does not take any offensive action against the LTTE which will tend
to prejudice the negotiations that are currently in progress.
Accept Excellency, the assurances of my highest
consideration.
29 June 1989
From President Premadasa to Prime Minister Rajiv Gandhi
Dear Prime Minister, I am in receipt of your letter of 20th
June in reply to my letter of 2nd June, 1989. I thank you for reiterating
India's commitment to preserve the unity, sovereignty and territorial
integrity of Sri Lanka as was stated in the Indo-Sri Lanka Agreement.
We appreciate the assurance given by the Indian Government
in providing the personnel to assist in tile acceptance of arms surrendered
by the militants as envisaged by Article 2.9 of the Agreement. We are also
thankful for the assistance provided at our request, in terms of Article
2.16 (c) of the Agreement and paragraph 6 of the Annexure in affording
military assistance to ensure the cessation of hostilities.
I am unable however to accept the contention that the
implementation of the Indo-Sri Lanka Agreement, including the devolution of
powers to the Provincial Councils, is in any way linked with the withdrawal
of the Indian Armed Forces. They had been invited to Sri Lanka for the
specific purpose of guaranteeing and enforcing the cessation of hostilities.
The Indo-Sri Lanka Agreement does not provide for continued military
activities by the Indian armed forces in Sri Lanka after a request has been
made by me to have them withdrawn. Continuation of such military activities
would also be a violation of peremptory norms of international law.
The Indian Peace Keeping Force came to Sri Lanka at the
request of the President of Sri Lanka. Due to the circumstances that arose
thereafter the IPKF was requested by the President to afford military
assistance to ensure the cessation of hostilities. The only condition that
should be satisfied for the withdrawal of the Indian armed forces is a
decision by the President of Sri Lanka that they should be withdrawn. The
request made by me to withdraw the Indian armed forces has satisfied this
condition. It is therefore incumbent on the Government of India to withdraw
the Indian armed forces from Sri Lanka.
The proposals for the political settlement of the ethnic
problem negotiated from 4.5.1986 to 19.12.1986 as well as the residual
matters to be finalised between the government of Sri Lanka and the
government of India have all been accepted and incorporated in the relevant
amendments to our Constitution and the Provincial Councils Act. The delay in
giving effect to certain proposals within the timeframe envisaged by the
agreement had been occasioned by the inability of the Indian armed forces to
ensure cessation of hostilities and violence in the North and the East.
The actual functioning of the Provincial Councils in the new
system of administration is applicable not only to the North and the East
but to all the Provinces of Sri Lanka. This is entirely a political process
in which the military has no role whatsoever. You will no doubt agree that
it has been an experience common in many other jurisdictions that the
establishment of an entirely new structure of administration based on
devolution, is essentially a long-term process. There is neither a legal nor
any other rational basis for the presence of any military force to ensure
that the administrative structure is fully in place in any Province of Sri
Lanka. I have, in consultation with the Ministers of the Cabinet and the
Chief Ministers of the Provincial Councils, taken all steps to ensure that
the administrative structure necessary for the effective exercise of
devolved powers is in place as expeditiously as possible.
As I have already intimated to you in my letter of 2 June,
1989 one of the important pledges made by me both at the Presidential and at
the Parliamentary elections was to ensure the withdrawal of the Indian
forces. To quote the manifesto: "We will seek a Friendship Treaty with India
on the lines of the Indo-Soviet Friendship Treaty. If by the time our
candidate is elected President, the Indian forces have not left, we will
ensure that they are withdrawn." The main Opposition Party, the Sri Lanka
Freedom Party, in their election manifesto had stated that the Indo-Sri
Lanka Agreement would be abrogated and the Indian forces asked to leave.
Thus, it will be seen that over 95 per cent of the voters clearly mandated
the withdrawal of the Indian forces. The majority approved the UNP proposals
for the conclusion of a Friendship Treaty with India.
I would like to mention a most significant development,
which may not have been brought to your notice, namely that the majority of
people of all three communities in North and the East demand the immediate
withdrawal of the Indian forces.
In your letter you have mentioned that there has been a
deliberate attempt by the Government of Sri Lanka to alter the population
balance in the Tamil areas by continuing state-sponsored colonisation. I
must emphatically refute this. There has been no colonisation whatsoever in
these areas since the signing of the Indo-Sri Lanka Agreement.
The ground
is now set for the Government to resolve any outstanding issues relating to
the ethnic problem on the basis of consultation, compromise and consensus
with all communities and groups concerned.
As I have already informed you, the LTTE has announced the
cessation of hostilities against the Government of Sri Lanka. They have also
resolved to settle any issues outstanding through negotiations and
discussions. It is in this context that I have requested you to issue the
necessary instructions to the Indian armed forces to refrain from any
offensive operations against the LTTE. The LTTE has already expressed its
willingness to put an end to such activities against the Indian armed forces
on a reciprocal basis. The withdrawal of the Indian armed forces within the
time-frame visualised by me is an essential pre-condition for the Government
to proceed with the consolidation of a political settlement.
Far from being of any assistance in the complete resolution
of the ethnic problem, the presence of the Indian forces are now a serious
impediment. In this connection, I must bring to your notice an alarming
development that has been taking place in the Northern and Eastern
Provinces. There are complaints that youths mostly of tender age are being
forcibly conscripted by certain political groups and are being trained at
the hands of the Indian forces. I need not elaborate on the possible
consequences that will follow if this is not checked forthwith.
Therefore, in consideration of all these circumstances, I again earnestly
request the immediate recommencement of the withdrawal of the Indian armed
forces and an acceleration of this process.
I am glad at your favourable response to my proposal for a
Friendship Treaty with India. We have already given our draft to the
Ministry of External Affairs in New Delhi. I would request that discussion
should commence without delay, so that this Treaty could give concrete and
expeditious expression to the traditional bonds of friendship between our
two countries.
30 June 1989
From Prime Minister Rajiv Gandhi to President Premadasa
Dear Mr. President, I have your message of 29th June sent
through your High Commissioner.
The Indo-Sri Lanka Agreement provides for a cessation of
hostilities between the Tamil militant groups and the Sri Lankan forces, and
also for the Sri Lankan Forces to stay in barracks in the North-East
Province. Both these were achieved on 30th July, 1987. Thus, there has
already been an effective cessation of hostilities between the Sri Lankan
forces and the LTTE. I am glad that the LTTE has now formally conceded this
reality.
We hope that the formal agreement of the LTTE to cease
hostilities clearly implies their commitment to the unity and integrity of
Sri Lanka and to renounce violence and to respect democratic processes. We
trust that, consequent to giving up violence, LTTE will resume surrender of
arms through the Sri Lankan Government - a process which had started on the
5th August, 1987 and is not yet complete. Unless the LTTE have undertaken to
hand over their arms and to renounce violence not only towards the Sri
Lankan Government but towards the other citizens of the North-Eastern
Province, their announcement of cessation of hostilities would be
meaningless.
Since IPKF has a mandate in terms of India's role as a
guarantor, for ensuring the physical safety and security of all communities
of the North-Eastern Province, I would appreciate clarifications on the
points I have mentioned above. These clarifications will facilitate an
immediate decision on the IPKF's cessation of offensive action to disarm the
LTTE. The earlier we receive your response, the quicker will be the process
of initiating suitable action.
4 July 1989
From President Premadasa to Prime Minister Rajiv Gandhi
Dear Prime Minister,
I have your message of 30th June sent through your High
Commissioner, in response to my message requesting you to ensure that the
Indian armed forces in Sri Lanka do not take any offensive action against
the LTTE. Such action or any intensification of operations is liable to
prejudice the negotiations currently in progress and prolong the armed
conflict.
Your statement that the cessation of hostilities took place
on 30th July, 1987 does not accord with facts. The LTTE ceased hostilities
against the Sri Lankan security forces only for a few days but resumed
violence on 2nd August, 1987 and continued until they announced a cessation
of hostilities in June, 1989. During the interim 148 service and police
personnel were killed and 80 were wounded; 481 civilians were killed and 115
injured.
The LTTE announced a cessation of hostilities only in June this
year after the commencement of the dialogue with the Government. This
cessation covers not only the Government but also the people in the North
and the East and in fact the people in the whole of Sri Lanka. At the same
time, the LTTE reiterated its commitment to resolve all outstanding problems
through negotiations and discussion and indicated their readiness to enter
the democratic process.
As stated in your message, you have been seeking to disarm
the LTTE for the past two years and this process is not yet complete, nor
have you been able to bring them to the negotiating table. I am confident
that I will be able to ensure that the LTTE will give up their arms after
the Indian armed forces have been withdrawn.
The political solution which I seek to provide will not only
be within the framework of our Constitution but must also preserve the
sovereignty of our people, the unitary character and the territorial
integrity of our country.
The responsibility of providing safety and
security for all citizens within Sri Lanka is solely the responsibility of
the Government of Sri Lanka.
The Indo-Sri Lanka Agreement does not and indeed cannot in
international law provide a mandate for the Government of India or its armed
forces to assume any responsibility for this function otherwise than at the
express request of the Sri Lankan Government. In any event, during the past
two years when the Indian armed forces were operating in the Northern and
Eastern Provinces they were unable to prevent the killings of a number of
civilians and the displacement of even a larger number from their homes
besides the casualties referred to above.
Any interpretation of the agreement which seeks to provide a
mandatory role for the Government of India or its armed forces within Sri
Lanka otherwise than the express request of the Government of Sri Lanka
would constitute a serious interference in the internal affairs of a
friendly sovereign country and a gross violation of the peremptory norms of
International Law. I am sure such is not your intention.
I trust these clarifications will enable you to ensure that
the Indian armed forces do not continue any offensive operations against the
LTTE.
11 July 1989
From Prime Minister Rajiv Gandhi to President Premadasa
Dear Mr. President,
I have your letter of 30th June and 5th July. I do not want
to enter into a debate on various interpretations of mutual obligations
assumed by our sovereign nations. These are quite clear. I also do not wish
to go into the validity of assertions like the LTTE having resumed violence
on 2nd August, 1987 whereas the arms surrender started and the amnesty
letter was handed over by the Sri Lankan Government to the LTTE three days
later. We should let facts speak for themselves.
There is an agreement between the two countries. The
Agreement is meant to preserve the unity and integrity of Sri Lanka and to
ensure the safety, security and legitimate interests of the Tamils. Nearly a
thousand Indian soldiers have made the supreme sacrifice in fulfilment of
India's obligations as a guarantor to this Agreement. Since the signing of
the Agreement, not only have the Provincial Council elections been held, but
also the Parliamentary and Presidential elections. The situation in the
North-Eastern Province is far more settled and peaceful than elsewhere in
Sri Lanka. Despite all this, the devolution package promised to the Tamils
has not been implemented. These are incontrovertible facts.
Both of us agree that the IPKF should be withdrawn. Both of
us agree that we had commenced the withdrawal even before you asked for it.
A broad time-frame for IPKF withdrawal had in fact been discussed.
Discussions on finalising details were proposed by your Foreign Minister at
Harare only a few days prior to your unilateral announcement of lst June. I
have repeatedly said that the IPKF's withdrawal schedule should be worked
out through joint consultations along with a simultaneous schedule for the
implementation of the Indo-Sri Lanka Agreement.
We are willing to resume discussions on this subject at any
time and place of your convenience. Your colleague the Honourable Mr.
Thondaman, who met me here, would have conveyed to you our desire for
friendly relations and our willingness to resolve any misunderstanding
through mutual consultations. If, however, discussions for this purpose are
not acceptable to you, we will have to decide the details of IPKF's
withdrawal unilaterally consistent with our responsibilities and obligations
under the Indo-Sri Lanka Agreement.
While I reiterate Government of India's willingness to
cooperate with your government to resolve pending issues, I must emphasise
to Your Excellency that India has traditionally been mindful of the sanctity
of the agreements it signs with other countries and of commitments solemnly
undertaken under such agreements. India will under no circumstances deviate
from the policy of affecting our concerns.
It has been our practice to maintain the confidentiality of
official correspondence particularly between Heads of State or Government,
unless otherwise agreed upon. However, the gist of your messages to me was
more often than not made available to the media before they reached me. Now
I find that all our recent correspondence has been officially made public by
the Sri Lankan Government. I may thus be constrained to depart from
tradition by authorising this communication being made public, after you
receive it.
