Declaration of Cessation of Hostilities

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Country/entity: Sri Lanka
Region: Asia and Pacific
Agreement name: Declaration of Cessation of Hostilities
Date: 5 Jan 1995
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Sri Lankan Civil War (1983 - 2009)
The roots of the Sri Lanka conflict lay in British colonial policy which controlled the island from 1802 until 1948. During the early 1800s, the British brought Tamils from mainland India to work on the various plantations for tea, coffee and rubber, changing Sri Lanka's the demographic make-up. Upon independence, Sinhalese nationalism dominated the political sphere and introduced discriminatory policies against the Tamil minority straining relations and sparking protests. Armed Tamil resistance first came in the form of assassinations of moderate Tamils and opposition politicians in the mid-1970s. However, it was the Liberation Tigers of Tamil Eelam's (LTTE) attack on checkpoint Four Four Bravo, which marked the turning point, sparking pogroms against Tamils in Sinhalese majority areas. This incident, known as Black July, is widely considered to the beginning of the civil war.

The first round of peace talks were backed by India, which had deployed the Indian Peace Keeping Force (IPKF) in 1987, and led to the 1987 Indo-Sri Lanka Accord. The Accord was successful in persuading the majority of insurgency groups to lay down arms. However, the strongest Tamil insurgency group, the LTTE, was not party to the talks and refused to disarm, sparking direct conflict between the IPKF and the LTTE until IPKF withdrawal 1990. Following the withdrawal, the LTTE consolidated their power in the North and East sparking another intense and bloody war with the central government that lasted until 2002 when another peace process was launched under the auspices of Norwegian negotiators. The second round of peace talks, however, only continued until April 2003 and in March 2004, a large faction of LTTE cadres split from the main organization damaging LTTE unity. The LTTE were defeated militarily by a large-scale government assault in 2009, however, the conditions for peace remain uncertain.
Stage: Ceasefire/related
Conflict nature: Government/territory
Peace process: Sri Lanka Kumaratunga/Devolution Processes
Parties: Liberation Tigers of Tamil Eelam, signed for by V. Pirabharan, Leader;
Government of Sri Lanka, signed for by Chandrika Bandaranaike Kumaratunga, President of Sri Lanka and Commander in Chief of the Armed Forces.
Third parties: -
Description: Agreement provides provisions for a ceasefire and the modalities for its implementation.

Agreement document: LK_950105_Declaration of Cessation of Hostilities.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, 3. The Navy and Airforce will continue to perform their legitimate talks for safeguarding the sovereignty and territorial integrity of the country, from external aggression, ...
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, Page 1, 5. ... c. These Committees could comprise representatives drawn from Canada, Netherlands, Norway, ICRC and from retired Judges or Public Officers, Religious Heads and other leading citizens: all appointed by mutual agreement.
Traditional/religious leaders: Page 1, Page 1, 5. ... c. These Committees could comprise representatives drawn from Canada, Netherlands, Norway, ICRC and from retired Judges or Public Officers, Religious Heads and other leading citizens: all appointed by mutual agreement.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, 5 ... e. Freedom of movement for the Committees to perform their tasks will have to be ensured by both parties to the agreement.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: Page 1, 3. The Navy and Airforce will continue to perform their legitimate talks for safeguarding the sovereignty and territorial integrity of the country, from external aggression, without in any way engaging in offensive operations against the LTTE, or causing any obstructions to legitimate and bona fide fishing activity in specified areas.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
[Summary] Entire agreement pertains to a Ceasefire and its modalities.

Page 1, 3. The Navy and Airforce will continue to perform their legitimate talks for safeguarding the sovereignty and territorial integrity of the country, from external aggression, without in any way engaging in offensive operations against the LTTE, or causing any obstructions to legitimate and bona fide fishing activity in specified areas.

Page 1, 6. Recommend establishment of communication between Sri Lanka and LTTE military area leaders which will enable them to sort out problems expeditiously, locally.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 5. ... d. Each Committee could consist of five members, viz: 02 from Government; 02 from LTTE and, 01 from a Foreign Country who will be Chairman.

Page 1, 6. Recommend establishment of communication between Sri Lanka and LTTE military area leaders which will enable them to sort out problems expeditiously, locally.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 5. ... b. It will be the responsibility of these Committees to take immediate action on complaints made by either party to this agreement to inquire into and resolve such disputes.
c. These Committees could comprise representatives drawn from Canada, Netherlands, Norway, ICRC and from retired Judges or Public Officers, Religious Heads and other leading citizens: all appointed by mutual agreement.
d. Each Committee could consist of five members, viz: 02 from Government; 02 from LTTE and, 01 from a Foreign Country who will be Chairman.
Enforcement mechanism: Page 1, 5. a. It is suggested that Committees to deal with violations of this agreement be set up to inquire into nay instances of violation of the above terms of agreement. These Committees could be set up in the areas of Jaffna, Mannar, Vavuniya, Mullaitivu, Batticaloa-Ampara and any other areas as deemed necessary.
Related cases: No specific mention.
Source: Source: archived hard copy from the World Wide Web in possession of C. Bell, http://www.tamilnation.org/conflictresolution/tamileelam/cbktalks/950105ceasefire.htm (accessed 18/07/2006).

Declaration of Cessation of Hostilities

5 January 1995

Text of Declaration

The modalities for the implementation of the agreed Cessation of Hostilities by the Government and LTTE for a specific period will be as follows:-

1. There will be no offensive operations by either party during this period.

An offensive operation will be considered a violation of the agreement.

2. The Security Forces and the LTTE will maintain their present positions on the ground, keeping a minimum of 600 metres between each other.

However, each party would reserve the right of movement within 100 metres from their own bunker lines, keeping a minimum of 400 metres in between.

Any party moving in the restricted areas would be considered an offensive operation.

3. The Navy and Airforce will continue to perform their legitimate talks for safeguarding the sovereignty and territorial integrity of the country, from external aggression, without in any way engaging in offensive operations against the LTTE, or causing any obstructions to legitimate and bona fide fishing activity in specified areas.

4. Acts such as sabotage, bomb explosions, abductions, assassinations and intimidation directed at any political group, party or any individual will amount to an offensive operation.

5. -

a. It is suggested that Committees to deal with violations of this agreement be set up to inquire into nay instances of violation of the above terms of agreement.

These Committees could be set up in the areas of Jaffna, Mannar, Vavuniya, Mullaitivu, Batticaloa-Ampara and any other areas as deemed necessary.

b. It will be the responsibility of these Committees to take immediate action on complaints made by either party to this agreement to inquire into and resolve such disputes.

c. These Committees could comprise representatives drawn from Canada, Netherlands, Norway, ICRC and from retired Judges or Public Officers, Religious Heads and other leading citizens:

all appointed by mutual agreement.

d. Each Committee could consist of five members, viz:

02 from Government;

02 from LTTE and, 01 from a Foreign Country who will be Chairman.

e. Freedom of movement for the Committees to perform their tasks will have to be ensured by both parties to the agreement.

f. Facilities required for the Committees to act swiftly and impartially will have to provided by mutual agreement. (

sic)

6. Recommend establishment of communication between Sri Lanka and LTTE military area leaders which will enable them to sort out problems expeditiously, locally.

7. Cessation of hostilities will continue till notice of termination is given by either party.

Such notice should be given at least 72 hours before termination.

Signed on 5 January 1995

V. Pirabharan, Chandrika Bandaranaike Kumaratunga,

Leader, Liberation Tigers of Tamil Eelam President of Sri Lanka and

Commander in Chief of the Armed Forces.