The same set of international and local players are now seen laying the groundwork for Rajapaksa/UPFA –LTTE talks insist that the Government and the LTTE cease hostilities and commence negotiations. The Government and the LTTE have agreed to meet in Geneva at the end of the month. Norwegian special envoy Hanson Bauer is now in Sri Lanka to finalise arrangements if talks are going to take place.

Peace negotiations are serious business. Exclusivity and transparency coupled with public confidence will confer sustainability and acceptance. President Kumaratunga accused that the Ranil/UNF-LTTE negotiations lacked transparency and compromised national sovereignty. She set up the National Advisory Council for Peace and Reconciliation (NACPR) to consult the Political parties, civil society and religious leaders on the peace process. At the inauguration she proclaimed that “I will convene the NACPR which will include political, religious and social leaders in the country to ascertain their views on how to bring peace, democracy and development to the country,” This died a natural death after two futile rounds.

The agenda of Geneva I spelt out that the focus of the talks is on the implementation of the CFA and civilian concerns of security. The joint statement at the end of talks said that “The GOSL and the LTTE are committed to respecting and upholding the Ceasefire Agreement, and reconfirmed their commitment to fully cooperate with and respect the rulings of the Sri Lanka Monitoring Mission (SLMM).” What happened after that is history.

Geneva II, if it ever takes place, is on a broader agenda.

According to information, the President has advised the Government delegation to examine the report of the subcommittee of the Panel of Experts, on concerns and aspirations of the Tamil and Muslim people. Further it is reliably learnt that the Sub-Committee of the Panel of Experts have submitted a report and has identified specific issues that relate to the grievances of the minorities and suggested methods of rectification. The issues relate to safety and security of Muslims in the North and East, expulsion and displacement, compensation and development etc.

In addition the Government has also identified seven substantive issues for discussion with LTTE. According to Government defence spokesman the seven core issues for discussion are democracy, multi party political system, pluralism, human rights, child soldiers, development of the north and east and devolution of power. He also further states that “the Government does not wish to be confined to the cease fire agreement while pursuing peace as defensive measures will continue to be implemented while peace talks are in progress.”

Do all these development not make the time and circumstances ripe to invite a delegation of Muslims for talks?

Long overdue I would say.

However the Defence spokesperson has already poured cold water over this issue. Asian Tribune quotes Minister Rambukwella as saying “the demand put forward by several political parties including the country's predominant Muslim party, Sri Lanka Muslim Congress, to accommodate a separate independent Muslim delegation at peace talks 'was not practical'.”

He goes on to state “There are 57 registered parties, if every single party says they would like to represent their people then it would mean we would have to send 57 people for talks. Even Karuna Amman says he should be accommodated because he represents the Eastern Tamils, then in time to come people from Matara will demand a separate representation on grounds that they are Southern Sinhalese, these demands are not practical,"

This shows a total lack of grasp of subtle issues involved in the peace process.

Previous attempts by Muslims to reach the status of a party to the negotiations were unsuccessful as they could not fully convince the wide spectrum of national and international players involved in the peace process that their demand is legitimate.

This time Muslims cannot and should not fail. A concerted effort must be made by all groups with a common demand. It should be made known in no uncertain terms that Muslims want the recognition of their rights not compassion or charity.

Dispelling any misgivings any party has on the Muslim participation also important. Emphasis must also be placed on the desire of Muslims to participate with acceptance and the blessings of all concerned.

Muslims must also meet the argument that they are divided and therefore not being able to field a delegation or present unified position on core issues. This is a myth and others should not be allowed to deny rights of Muslims on this assumption.

Issues involved are far more important than individuals or consensus among stakeholders. Political, civil, cultural and human rights are of critical importance to the Muslims as much as for other communities.

Is the Government or the LTTE equipped to negotiate on behalf of Muslims? In fact Muslims totally reject this. The Government representing the State is expected to take a broader view on all matters as they have already indicated. The LTTE, being the representatives of Tamils, would present the Tamil case.

In such circumstances who will raise and present the case of Muslims? Nobody other than the Muslims can do this and Muslim themselves have the right and the ability to do that.

Muslims are anxious about the preservation and recognition of the social, cultural and religious rights they enjoy at present. Some of these are unique and distinct in nature. The issues related are diverse and complicated and requires special knowledge and study. These include personal and religious laws and its application and its jurisdiction.

What are the issues the Muslim delegation will take up at the negotiations? This is another question Muslims and non Muslims alike raise. There is a perception that Muslims have not developed a comprehensive set of proposals or positions to be placed before the people.

This is also not without justification. However the Muslims are quite aware of the fundamental positions with regard to political, civil, cultural and human rights issues that are involved. Over period of time Muslims have identified the essential components of the Muslim dimension in the ethnic conflict and broadly speaking it includes-

a. Aspirations of Muslims – inalienable Rights of the Muslims in the North and East to realize their legitimate aspirations and political rights. Muslims of Sri Lanka are a distinct people having their own religious and cultural ethos. Therefore aspirations of Muslims are quite separate and unique from that of Tamils.

b. Form and content of future Politico/administrative Unit for Muslims –

Constitutional principles for the establishment of structures that ensure security, fair access to resources and full participation in decision.

c. Interim arrangements – Proposals for interim/transitional arrangements for Muslims pending final settlement

d. Safety and security of Muslims of the North and East – Physical safety of Muslims and protection of economic interests from violence. Freedom to engage in economic activity and livelihoods. Post CFA situation and the need to review the agreement in line with current situation.

e. Importance of the Eastern Province – The historical and political and other realities of the East including the Muslims being the dominant community in the Province.

f. Socio-cultural issues – Religious freedom and preservation and promotion of cultural identity. Co-existence and reconciliation with Tamils and forge ethnic harmony.

g. Good Governance, Respect for Human Rights and democracy - Developing North and East as a model of pluralistic society, democracy, preservation of human rights, and for respect of economical social rights of peoples

h. Right of return of Muslims – Inherent right of displaced Muslims of the Northeast to return to original places of living with honour and dignity and integration to social life and re-build their lives.

i. Issues relating to settlement/agricultural land and land abandoned by forcibly evicted and displaced Muslims – Recovery of land and other assets lost or abandoned by Muslims. Government policy on land alienation and settlements. Re-demarcation of Divisional Secretariat boundaries etc.

j. Development and Rehabilitation – Elimination of discrimination in the allocation of funds and reduction of disparities in development.

Courtesy: Daily Mirror