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Closure of Mavilaru sluice gates `caused an escalation of violence`
Friday, 29 September 2006 - 2:14 AM SL Time

The Nordic truce monitoring mission Tuesday blamed the LTTE for `causing an escalation of violence` in the Trincomalee district by closing the Mavilaru sluice gates.

According to a five-page report captioned `Major violations of the ceasefire agreement committed by both parties in Trincomalee, Jaffna and Vanni between July 22 and September 25,` Maj. General Lars Johan Solvberg urged the government and the LTTE cease military confrontations. He blamed the LTTE for launching the August 11 military offensive in the north while ruling the capture of LTTE held-areas east of Muhamalai and Sampur by government forces as violations. He claimed that approximately 200 civilians were killed as a result of confrontations.

The SLMM report: Following the closure of the Mavil Aru sluice gates on 22 July 2006, the government embarked on a major military offensive operation in the surrounding areas on 26 July 2006 resulting in a direct large scale military confrontation between the Parties in the Trincomalee area severely endangering the civilian population.

The slice gates were controlled by the LTTE, and the LTTE`s unwillingness to reopen the sluice gates led to a humanitarian crisis in the area and contributed to provoking the government into taking offensive actions.

The Facilitator and the SLMM negotiated with the LTTE, who accepted to re-open the sluice gates. The gates could however not be opened as agreed as the sluice gates came under heavy shelling by government troops and even after the gates were re-opened a few days later the Security Forces continued their offensive in the area.

The government military offensive in Mavil Aru was followed by an offensive against Sampur starting on 27 August where government forces captured large areas defined under the CFA as LTTE-controlled.

Subsequently, the LTTE launched a major military offensive against the Jaffna peninsula on 11 August leading to direct fighting between the Parties in the Jaffna area. The initial LTTE advance into government controlled area was halted and instead government forces moved into LTTE-controlled areas east of Muhamalai. The government offensives were supported by air strikes carried out by SLAF, also targeting areas further south towards Kilinochchi and Mullaitivu.

Throughout the period, both Parties have responded to the other Party`s actions in ways that are not conductive with the CFA.

As a result of these actions over 200 civilians have been killed and several thousands are internally displaced creating a serious humanitarians crisis in the eastern and northern part of Sri Lanka.

While conducting their operations both Parties have restricted the access to the affected areas for international aid agencies to provide emergency assistance to civilians in need. The operations have also prevented SLMM from conducting inquiries due to restrictive access.

In addition, movement through established Entry/Exit Points have been severely restricted by both Parties, limiting the Freedom of Movement for both civilians, the SLMM and INGOs as well as restricting the flow of goods in and out of LTTE controlled areas. The lack of food, fuel and medical supplies together with the unavailability of money due to government restrictions on cash withdrawals, have stopped most economic and productive activities in LTTE-controlled Vanni.

3.1

The findings made by and provided to the SLMM show that the measures taken by the LTTE to close the Mavil Aru sluice gates on 22 July 2006, whether with or without the help of or on behalf of the people of the Verugal area, as well as the continuation of keeping the gates closed have led to

a. the creation of a humanitarian crisis in the area surrounding and being dependent on the Mavil Aru dam, and thereby.

b. the creation of a situation conducive to direct conflict between the two Parties.

c. putting the civilian population in severe physical danger as the possibility of them being caught in crossfire greatly increased with the escalating tension and violence, as well as.

d. constraining the possibilities of rational discussions and negotiations towards a solution to the conflict.

3.2

The findings made by and provide to the SLMM show that the government launched a major military offensive against Mavil Aru starting on 26 July and the LTTE-controlled Sampur Peninsula as of the 27 August which was the first time a transfer of territory took place via offensive military means, in violation of the CFA. The LTTE responded by attacking the government forces, shelling Trincomalee and launching an offensive into government-controlled Muttur on 1 August. These actions have.

a. created a situation inconducive to the implementation of the CFA.

b. put the civilian population at severe physical risk, killed a large number of civilians and created an exodus of IDPs, forced to abandon their homes as the attacks have been made on populated areas, including air strikes, artillery shelling ground offensives, and the use of firearms,

c. thereby resulted in a refugee crisis in the eastern part of Sri Lanka, creating an unstable situation, as well as heightened tensions between the civilian population and the armed forces, and

d. put up restrictions for aid agencies when attempting to access the affected areas to provide assistance thereby further worsening the situation for the civilian population.

The findings made by and provided to the SLMM show that the LTTE launched a major military attack on government-controlled Jaffna on 11 August 2006 and the government responded by targeting LTTE-controlled areas in Jaffna, Kilinochchi and Mullaitivu districts with artillery and aerial bombardments followed by ground troops advancing into LTTE-controlled areas east of Muhamali on 9 Sep. These actions have

a. created a highly unstable situation in the Jaffna peninsula

b. put the civilian population at severe physical risk, both through being in the middle of a crossfire between the two Parties and

c. through the closing of access to the area preventing civilians from acquiring basic foodstuffs and other necessities,

d. furthermore created a highly intensified direct military conflict between the Parties and thereby

e. damaging the possibilities for maintaining or even creating a situation conductive to negotiations to further strengthening the CFA.

Adding to the above, the actions made by the Parties have put restrictions on SLMM Freedom of Movement, thus limiting SLMM`s ability to fulfil its mandate, including but not limited to:

a. 21 July; the LTTE stopped SLMM from going to Mavil Aru area with water engineers to check the sluice gates. LTTE initially consented over phone to provide access but the LTTE CP refused entry upon arrival.

b. 5 August; the SLA stopped SLMM from going to Palathoppur to inquire into a case where an ambulance had been hit.

c. 6 August; the SLN cancelled SLMM chief`s transport to Muttur by sea, furthermore SLMM was denied entry in to the Muttur area.

d. 7 August; SLMM was stopped near Kallar Army camp and refused to continue further on to Muttur.

e. As of Friday 11 August the SLMM Freedom of Movement has been severely and continuously restricted both in the Jaffna peninsula itself, as well as in the Vanni area, including, but not limited to, the areas around both the Muhamalai and Omanthai check points as well as the area between Kilinochchi and Mulaithivu. These restrictions have been constant and have led to severe difficulties for SLMM in moving monitors in and out of Jaffna and Kilinochchi.

At the same time as denying SLMM entry into the Muttur area, the government provided escorts for journalists wishing to enter the area. According to the CFA the SLMM shall be given immediate access to areas where violations of the Agreement are alleged to have taken place. The SLMM has reasons to believe that alternative motives were behind the government`s decision to deny SLMM entry into Sampur.

Adding to this, the inability of both LTTE and government to guarantee the safety of the SLMM staff has led to further limitations of SLMM Freedom of Movement.

According to the Preamble of the CFA the GOSL and the LTTE recognize the importance of bringing an end to the hostilities and improving the living conditions for all inhabitants affected by the conflict. Bringing an end to the hostilities is also seen by the Parties as means of establishing a positive atmosphere in which further steps towards negotiations on a lasting solution can be taken.

The Parties further recognize that groups that are not directly part to the conflict are also suffering the consequences of it. This is particularly the case for the Muslim population. Therefore, the provisions of the CFA regarding the security of civilians and their property apply to all inhabitants.

With reference to the above, the Parties have agreed to enter into a ceasefire, refrain from conduct that could undermine the good intentions or violate the spirit of the CFA and implement confidence-building measures.

According to Article 1.2 of the CFA neither Party shall engage in any offensive military operation. This requires the total cessation of all military actions, including, but not limited to such acts as

a) The firing of direct and indirect weapons; armed raids and ambushes; assassinations, abductions, destruction of civilian and military property, sabotage, suicide missions and activities by deep penetration units.


b). Aerial bombardment

c) Offensive naval operations

According to Article 2.1 of the CFA the Parties shall in accordance with international law abstain from hostile acts against the civilian population.

Moreover, according to Article 2.6 of the CFA the Parties agree to ensure the unimpeded flow of non-military goods to and from the LTTE dominated areas with the exception of certain items as shown in Annex A of the CFA and according to Article 2.10 of the CFA the Parties shall open the Kandy-Jaffna road (A9) to non-military traffic of goods and passengers.

In reference to the findings in point 3.4; according to Article 3 of the CFA the Parties have agreed to set up an international monitoring mission to enquire into any instance of violation of the terms and conditions of this Agreement. Both parties shall fully cooperate to rectify any matter of conflict caused by their respective sides. The mission shall conduct international verification through on-site monitoring of the fulfilment of the commitments entered into in this Agreement.

Finally, according to Article 3.9 of the CFA the Parties shall be responsible for the appropriate protection of and security arrangements for all SLMM members and according to Article 3.10 of the CFA the Parties agree to ensure the freedom of movement of the SLMM members in performing their tasks. The members of the SLMM shall be given immediate access to areas violations of the Agreement are alleged to have taken place.

Noting the facts given in the findings above, as well as the general situation having emerged from the LTTE and government actions, SLMM has concluded the following violations of the CFA:

a. A violation against the spirit of the CFA by the LTTE for closing the Mavil Aru sluice gates and thereby causing an escalation of violence in the area.

b. A gross violation against the CFA by the government for starting major military offensive operations against the LTTE and moving into LTTE-controlled areas in Sampur.

c. A serious violation against the CFA by the LTTE for conducting offensive military operations against government forces in Trincomalee District and moving into government-controlled areas in Muttur.

d. A gross violation against the CFA by the LTTE for starting major military offensive operations against the government in the Jaffna area.

e. A serious violation against the CFA by the government for conducting offensive military operations against the LTTE in Jaffna, Kilinochchi and Mullaitivu Districts and moving into LTTE-controlled areas East of Muhamalai.

g. A serious violation of the CFA by the government and the LTTE for restricting the movement of civilians and the flow of goods in and out of LTTE-controlled areas.

Due to the number of incidents taking place during this period SLMM will continue to inquire into alleged violations of the CFA and further determinations may follow later once inquiries have been completed.

The SLMM would like to underline that the gravity of the violations committed have led to a dangerous escalation in hostilities. The SLMM as well as the international community have appealed to both sides to fully implement the CFA. It is important that the parties realise the seriousness of the current situation and do whatever there is in their power to move forward instead of engaging in military confrontation.

Related News Articles:
21-7-2006   Govt. moves to compensate Mavilaru farmers
7-7-2006   No compromise with LTTE on Mavilaru - Defence Spokesman

Source(s)
• Upali News Group
• Submitted By: Pol_Sambol

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MarkLevinson
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  28 Sep 2006 19:19:54 GMT  Report for Abuse   
Other than dishing out 1000s of REPORTS what did SLMM achieve :( :( :(
Revy
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  28 Sep 2006 19:27:34 GMT  Report for Abuse   
Tamils will win their freedom again


Hey when did Tamils ever have freedom in Sinhala Lanka, what do you mean 'again'?
Lokuttara
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  28 Sep 2006 19:31:02 GMT  Report for Abuse   
ML
Other than dishing out 1000s of REPORTS what did SLMM achieve :( :( :(

SLMM is not there to achieve any peace... they are the mediators when the two involved parties are not willing to achieve any thing, why blame the observers???
what du you want them to achieve??
MaKaSo
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  28 Sep 2006 19:37:15 GMT  Report for Abuse   
Loku:
what du you want them to achieve??


We expect them to train crazy loku monkeys :)

ML:

Mu ada nala inne...:)
Revy
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  28 Sep 2006 19:50:35 GMT  Report for Abuse   
There was a lecuturer in Jaffna University, who could just speak few english words. Anyway, he was conducting lectures in English.

One day, he came to the class. Students were shouting, among them one guy was leading the show. The teacher got really angry.

Immediately, the teacher went out of the class. He called that student from the doorstep, 'you come, you come'. Then the leader of the show came out. The teacher immediately went into the class room and closed the door. Now, the leader is outside the class.

You know what has happened. This teacher does not know the word 'GET OUT'.


I'm still trying to figure what if anything this has to do with the topic? Could it be the remote connection with the opening and closing of the door????
Edited By - Revy - 28 Sep 2006 19:52:20 GMT
Lokuttara
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  28 Sep 2006 19:51:08 GMT  Report for Abuse   
MaKusso..

you are still reminiscing, sitting under the umbrella in Galle-face.. ha??

ada nala inde.. ML passe ei.. thavama purudde atha-aragande baha wage!! :O)
vinivida
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  28 Sep 2006 20:10:10 GMT  Report for Abuse   
Seehale

That teacher did not know how to ask the student to go out. LTTE did not know how to request the government for more privilages. So, LTTE became a fun provider to the international community, that teacher became a joker to the students.


Good example of 'Tamil Leaders'

This displays very well the poor ability of the Tamil leaders to COMMUNICATE with other folks... They FAILED THE TAMIL COMMUNITY FOR 50 YEARS.

You know what happens when folks cannot communicate well?
They go for violence.

TC and Revy are prime examples from this forum... for them LTTE terrorists are heros!

My foot!
magha
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  28 Sep 2006 20:14:13 GMT  Report for Abuse   
The LTTE started violation OF CFA before even the ink got dried up and SLMM could not stop LTTE continuing to violate the CFA achieving had close to 4000 violations before the major violation of closing the anicut. They even successful in killing the FM of Sri Lanka. The CFA does not exist any more and GOSL should destroy LTTE terrorists. Sampur LTTE base was built after CFA and it is a violation of CFA too. So GOSL HAS THE RIGHT TO DESTROY LTTE BASES.
Revy
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  28 Sep 2006 20:29:36 GMT  Report for Abuse   
but the thing we don't understand is,what the SLMM still doing in sl....! without leaving the country...I think you don't have any qualifications to get a proper job in your country


That's the easy one, because the international community wants them there, and Sri Lanka is going to do what the IC tells them to.
Revy
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  28 Sep 2006 20:32:07 GMT  Report for Abuse   
Sampur LTTE base was built after CFA and it is a violation of CFA too.


Wrong again makeitso, Sampur has been held by the LTTE since 1997, they may have made improvements and that is debatable as to whether that counts as a CFA violation, since there is nothing in the CFA that states one party cannot improve their defences. Otherwise the government is already in violation for buying more arms during the CFA.
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