The LTTE Are Freedom Fighters

by Kandiah Mylvaganam, April 7, 2006

The LTTE are freedom fighters declared none other than the Head of the Sri Lanka Monitoring Mission (SLMM), Mr.Hagrup Haukland (he prefers not to use his military title – Brigadier). While Mr. Haukland was with the Defence Secretary Gothabaya Rajapaksa, he said that the LTTE Liberation Tigers of Tamil Eelam are a not a terrorist organisation like Al Qaeda. He stated that they are Freedom Fighters.

Sothiya Regiment, 2002, courtesy Tamil Guardian

Mr. Haukland joined the SLMM at its inception in 2002 as Chief of Staff. From October 2004 to October 2005 he took leave from work, but rejoined the SLMM as its Head. He took over this position when Norwegian Major General Tronf Furuhofde retired.

It should be noted that this declaration was made prior to Mr. Haukland vacating his office as Head of the SLMM. Even though it cannot be construed as the official version of the Norwegian government, yet it has official significance as Mr. Haukland made this statement while he was in the office of the Defence Secretary of the SL government on 23rd March 2006. The meeting was for Mr.Haukland to introduce the retired Swedish Army officer Mr.Hansen Bauer, who is succeeding Mr. Haukland.  

Obviously this statement infuriated Mr.Gothbaya Rajapaksa. He retorted sharply, “You have come here to do a job of work. If you want to do that efficiently be impartial and do not take sides.” The angered Mr.Rajapaksha added that the out going head has come to Sri Lanka to add stints to his resume and not to achieve objectives. The meeting ended after the new Head of the SLMM spoke a few words with Mr.Rakapaksa and left under the pretext of having another meeting to attend.  

With the Cease Fire Agreement (CFA) of 22.02.2002, the Government of Sri Lanka (GOSL) and the Royal Norwegian Government concluded a Status of Mission Agreement (SOMA). The duties, privileges and immunities of the SLMM and its members are defined in that agreement. The LTTE also has in writing committed its agreement to fully implement the SOMA.  

In Article 3 of the SOMA the SLMM is accorded the same privileges given to foreign diplomats under the Vienna Convention on Diplomatic Relations of April 18 1961. This includes immunity from “personal arrest or detention and from legal process in respect of all acts, including words spoken or writes, performed by the in the course of their duty.”  

However in Aritcle 4 it is stated “Privileges and immunities are accorded to the SLMM and its members in the interest of efficient and independent fulfilment of the Mission’s task and not for the personal benefit of the individuals concerned. Without prejudice to their privileges and immunities, the Mission and its members will take all appropriate steps to ensure respect for and compliance with the laws and regulations of Sri Lanka.”  

The outgoing Head of the Truce Monitors, in an interview given to the papers, did not mince his words. Even though there is no concrete evidence to state that the armed forces of the GOSL are supporting the Paramilitary groups, he reiterated that the existence of several such groups cannot be denied.  

The CFA need not be amended.  

Answering a question as to whether the CFA should be amended, Mr. Haukland said, I quote:    

“I don’t see the need for any amendments if the parties can live up to what they signed. The main thing is to keep the main situation safe. If there are powers or persons who want to amend it then they should come up with ways they can. There is a need however to have some technical arrangements without amending the CFA.”  

He added that he was worried that the proposed talks on the 19th April 2006 may be in doubt unless the situation improves. But he hoped that they would meet, as he considered the meeting of the parties at top level extremely essential, and any postponement or delay would lead to serious consequences. Both the parties are preparing for war. However, he added that it is understandable that building up their forces is inevitable as the Talks will bear fruits if there is a balance of power. It is part of the game and there is a need for that, he said. However, he was confident that the President, the LTTE or other national leaders do not want a new war; because it will be devastating and they all know that.  

When Mr. Hauklnad was asked to comment on the conditions put forward by the GOSL to the LTTE opening up political offices in the army-controlled areas, he said, I quote “It is one of the main things in the CFA that the LTTE should be able to do political work in the government controlled areas. They were about to open but postponed it because of the demands. Some of the demands are ok but some are ridiculous.” 

Question: The allegation is that the CFA has provided the LTTE to train their cadres.  
Answer: They are training and the army is training as well.  
Question: But an army of a country has the duty to maintain security. You are talking of an elected government.  
Answer: I know that but be realistic. There are those who say to disarm LTTE to talk. They are dreaming. If I have been fighting for a cause and you want me to disarm then you bloody well give me a guarantee before I hand over my weapons. I am not defending anyone.  
Question: Statistically the LTTE have committed more number of violations.   Answer:  It is up to every individual to hold his or her own view of the statistics. The LTTE have committed more than the government side. But it is also a question of how you read it. The majority of the violations by the LTTE is related to child recruitment. That is very serious as it is illegal. No need to say killing a person is a CFA violation and flag hoisting by the LTTE is also a violation. See the difference.  
Q: Have you seen Paramilitary groups?  
A: Yes. Last time we saw them was March 28, 2006 at Valaichenai and we spoke to them. They said that they were Karuna’s people. They were armed but in civil. Statements are made by those who are in charge in the south that there are no armed groups operating in their area. This is not true.  

There is absolutely no confidence between the two parties. Mutual trust is very essential for progress towards peace. The parties should meet at ground levels and try to sort out the daily problems in addition to the top level Peace Talks.  

“I sincerely hope and believe that eventually they will find a solution to the conflict. I have been meeting people and they sincerely want peace but not at all cost” he concluded.

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