Status of Mission Agreement on the Establishment and Management of the Sri Lanka Monitoring Mission (SLMM)

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Country/entity: Sri Lanka
Region: Asia and Pacific
Agreement name: Status of Mission Agreement on the Establishment and Management of the Sri Lanka Monitoring Mission (SLMM)
Date: 18 Mar 2002
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 LTTE 2002 onward process
Parties: Sri Lankan Government, Liberation Tigers of Tamil Eelam
Third parties: Norway
Description: This agreement provies the implementation modalities for the Ceasefire Agreement of 2002. It deals with the role, functions, structure and procedures of the Monitoring Mission known as the Sri Lankan Monitoring Mission (SLMM) established under the Ceasefire Agreement. The SLMM is comprised of citizens of the Nordic countries.

Agreement document: LK_020318_SOMA on the Sri lanka Monitoring Mission.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): No specific mention.
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: No specific mention.
Traditional/religious leaders: No specific mention.
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: Page 2, Article 1: General provisions The RNG undertakes to coordinate, facilitate and lead the establishment of the SLMM. The members of the Mission will be recruited from among citizens of the Nordic countries. The Mission and its members shall have such status, privileges and immunities as are conferred on them by this SOMA and any other applicable instrument of international law.
Bill of rights/similar: No specific mention.
Treaty incorporation: Article 3: The individual members of the SLMM All members of the SLMM shall be accorded the same immunities and privileges as are accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961. In particular they shall be accorded:
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: Rights related issues→Media and communication→Media logistics
Page 3, Equipment
8. As a basis for its reporting activities, the SLMM may use necessary equipment such as maps, compasses, GPS, binoculars, laser range finders, all kind of communications systems, the Internet, e-mail, cameras, videotape recorders, etc.
9. The SLMM is authorized to set up and operate internal communications systems (including mobile-transceiver in all vehicles and to members of the SLMM) and external communication systems (satellite communication).

Page 4, Article 3: The Individual Members of the SLMM
... 4. For the purpose of internal and external communications, the SLMM and its members shall have the right to use codes and to receive papers or correspondence by courier or in sealed bags. No official communication directed to the SLMM or to any of its members, nor any outward official communication of the Mission, by whatever means or in whatever form transmitted, shall be detained in any way or suffer any interference with its confidentiality.
Mobility/access: Page 4, Article 3, 3. Freedom of movement for the performance of their tasks, including traveling on board GOSL vessels and aircraft. The LTTE has agreed to grant the same access in respect of their vessels.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 5, Article 6: Security, safety and emergencies The GOSL is responsible for the protection and security arrangements of all SLMM personnel residing in Sri Lanka. The GOSL will, if necessary provide emergency medial aid and assist in providing emergency medical evacuation of SLMM personnel on Sri Lanka territory. The LTTE has agreed in writing to take upon itself the same responsibilities in the areas under its military dominance.
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: No specific mention.
International funds: Page 5, Article 7: Miscellaneous provisions
3. The Norwegian Government and the Participating Nations will bear all expenses of SLMM, except for those incurred under Article 6.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
Page 3, Taxes and duties In accordance with the Main Agreement, the following will apply to the SLMM:
5. The Mission has the right to import operational supplies and equipment free of import taxes and duties.

6. The SLMM will be reimbursed for Value Added Tax (VAT)/Goods and Services Tax on locally procured operational supplies and equipment, and will enjoy privileges concerning taxes on petrol.

7. In meeting its logistical and operational needs, the SLMM may make use (by purchasing and hiring) of local resources, such as communications systems, housing, food, fuel, repairs, medical services, etc.

Equipment,

... 10. The Government of Sri Lanka will facilitate smooth custom clearance of the SLMM's operational supplies, goods and equipment, including smooth, entries and exits of the SLMM's international personnel.
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: Page 4, Article 5: Clothing, identification and armament
... 2. The members of the SLMM will not carry side arms or any other kind of weapons.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
[Summary] The Status of Mission Agreement [SOMA] outlines the status, privileges and immunities of the Sri Lanka Monitoring Mission and its members, which are deployed to carry out monitoring of the ceasefire agreement. References to the ceasefire are throughout the agreement.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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, Preamble
In accordance with the Ceasefire Agreement, the Government of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the GOSL) and the Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE) have requested the Royal Norwegian Government (hereinafter referred to as RNG) to organise, equip and establish an international mission, called the Sri Lanka Monitoring Mission (hereinafter referred to as the SLMM), to monitor the implementation of the Ceasefire Agreement.

The GOSL and the LTTE have stressed the importance of international monitoring of the ceasefire, expressed their willingness to facilitate and support the establishment and administration of the SLMM, and guaranteed their co-operation with the Mission.

The RNG has accepted this request with the understanding that the SLMM will conduct international verification through on-site monitoring in accordance with the Ceasefire Agreement. It is, however, understood that the effect of the SLMM will depend on the parties' willingness to abide with recommendations from SLMM.

Based on Ceasefire Agreement and the above, the GOSL and the RNG have concluded a Status of Mission Agreement (hereinafter referred to as the SOMA), in which the status, privileges and immunities of the Sri Lanka Monitoring Mission and its members are defined and set out. The LTTE has in writing declared its willingness to fully implement all parts of this SOMA

Page 2, Article 1: General provisions The RNG undertakes to coordinate, facilitate and lead the establishment of the SLMM. The members of the Mission will be recruited from among citizens of the Nordic countries. The Mission and its members shall have such status, privileges and immunities as are conferred on them by this SOMA and any other applicable instrument of international law.

Page 2, Article 2: The Mission The premises of the SLMM, its property and assets wherever located and by whomsoever held shall enjoy within Sri Lanka, the same inviolability, jurisdictional immunities and fiscal exemptions as are accorded to the Royal Norwegian Embassy in Sri Lanka and for this purpose shall be deemed to be part of the said Embassy. 1. The premises of the SLMM shall be inviolable. 2. The property and assets of the Mission, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation and expropriation. 3. The archives of the SLMM and in general all its documents in paper or electronic form, including audio-and videotapes, shall be inviolable wherever located and by whomsoever held. 4. The SLMM's property and assets, wherever located and by whomsoever held, shall enjoy immunity from any form of legal process except: (a) In so far as in any particular case it has expressly waived its immunity in writing. It is, however, understood that such waiver of immunity does not extend to any measure of execution. (b) In the case of a civil action brought by a third party for damages arising from an accident caused by use of equipment, including a motor vehicle, belonging to or operated on behalf of the Mission.

Page 4, Article 5: Clothing, identification and armament
1. The members of the SLMM will wear plain clothes, and be visually recognized by armlets marked with the SLMM emblem.
2. The members of the SLMM will not carry side arms or any other kind of weapons.
3. All vehicles and premises at the disposal of the Mission will be marked with the SLMM emblem.

Page 5, Article 6: Security, safety and emergencies The GOSL is responsible for the protection and security arrangements of all SLMM personnel residing in Sri Lanka. The GOSL will, if necessary provide emergency medial aid and assist in providing emergency medical evacuation of SLMM personnel on Sri Lanka territory. The LTTE has agreed in writing to take upon itself the same responsibilities in the areas under its military dominance.

Article 7: Miscellaneous provisions 1. The GOSL will assist SLMM in finding appropriate office space, free of charge, to the SLMM as required and deemed necessary. The LTTE has agreed in writing to take upon itself the same responsibilities in the areas under its military dominance.
2. The GOSL will assist the SLMM in finding appropriate and suitable accommodation for all international personnel. The LTTE has agreed in writing to take upon itself the same responsibilities in the areas under its military dominance.
3. The Norwegian Government and the Participating Nations will bear all expenses of SLMM, except for those incurred under Article 6.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Sri Lanka Secretariat for Coordinating the Peace Process (SCOPP) (Official Website) [link has since corrupted]

Status of Mission Agreement (SOMA) on the Establishment and Management of the Sri Lanka Monitoring Mission (SLMM)

Colombo, 18 March 2002

Preamble In accordance with the Ceasefire Agreement, the Government of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the GOSL) and the Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE) have requested the Royal Norwegian Government (hereinafter referred to as RNG) to organise, equip and establish an international mission, called the Sri Lanka Monitoring Mission (hereinafter referred to as the SLMM), to monitor the implementation of the Ceasefire Agreement.

The GOSL and the LTTE have stressed the importance of international monitoring of the ceasefire, expressed their willingness to facilitate and support the establishment and administration of the SLMM, and guaranteed their co-operation with the Mission.

The RNG has accepted this request with the understanding that the SLMM will conduct international verification through on-site monitoring in accordance with the Ceasefire Agreement.

It is, however, understood that the effect of the SLMM will depend on the parties' willingness to abide with recommendations from SLMM.

Based on Ceasefire Agreement and the above, the GOSL and the RNG have concluded a Status of Mission Agreement (hereinafter referred to as the SOMA), in which the status, privileges and immunities of the Sri Lanka Monitoring Mission and its members are defined and set out.

The LTTE has in writing declared its willingness to fully implement all parts of this SOMA.

The establishment of SLMM constitutes a Specific Agreement under Article II in the Agreement between Norway and Sri Lanka regarding Cooperation for Promotion of the Economic and Social development of Sri Lanka, dated 3 December 1986 and prolonged by and Addendum dated 7 October 1992 ("the Main Agreement").

Article 1:

General provisions The RNG undertakes to coordinate, facilitate and lead the establishment of the SLMM.

The members of the Mission will be recruited from among citizens of the Nordic countries.

The Mission and its members shall have such status, privileges and immunities as are conferred on them by this SOMA and any other applicable instrument of international law.

Article 2:

The Mission The premises of the SLMM, its property and assets wherever located and by whomsoever held shall enjoy within Sri Lanka, the same inviolability, jurisdictional immunities and fiscal exemptions as are accorded to the Royal Norwegian Embassy in Sri Lanka and for this purpose shall be deemed to be part of the said Embassy.

1. The premises of the SLMM shall be inviolable.

2. The property and assets of the Mission, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation and expropriation.

3. The archives of the SLMM and in general all its documents in paper or electronic form, including audio-and videotapes, shall be inviolable wherever located and by whomsoever held.

4. The SLMM's property and assets, wherever located and by whomsoever held, shall enjoy immunity from any form of legal process except:

(a) In so far as in any particular case it has expressly waived its immunity in writing.

It is, however, understood that such waiver of immunity does not extend to any measure of execution.

(b) In the case of a civil action brought by a third party for damages arising from an accident caused by use of equipment, including a motor vehicle, belonging to or operated on behalf of the Mission.

Taxes and duties In accordance with the Main Agreement, the following will apply to the SLMM:

5. The Mission has the right to import operational supplies and equipment free of import taxes and duties.

6. The SLMM will be reimbursed for Value Added Tax (VAT)/Goods and Services Tax on locally procured operational supplies and equipment, and will enjoy privileges concerning taxes on petrol.

7. In meeting its logistical and operational needs, the SLMM may make use (by purchasing and hiring) of local resources, such as communications systems, housing, food, fuel, repairs, medical services, etc.

Equipment

8. As a basis for its reporting activities, the SLMM may use necessary equipment such as maps, compasses, GPS, binoculars, laser range finders, all kind of communications systems, the Internet, e-mail, cameras, videotape recorders, etc.

9. The SLMM is authorized to set up and operate internal communications systems (including mobile-transceiver in all vehicles and to members of the SLMM) and external communication systems (satellite communication).

10. The Government of Sri Lanka will facilitate smooth custom clearance of the SLMM's operational supplies, goods and equipment, including smooth, entries and exits of the SLMM's international personnel.

Article 3:

The individual members of the SLMM All members of the SLMM shall be accorded the same immunities and privileges as are accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961.

In particular they shall be accorded:

1. Immunity from personal arrest or detention and from legal process in respect of all acts, including words spoken or written, performed by them in the course of duty.

2. Inviolability for all papers and documents.

3. Freedom of movement for the performance of their tasks, including traveling on board GOSL vessels and aircraft.

The LTTE has agreed to grant the same access in respect of their vessels.

4. For the purpose of internal and external communications, the SLMM and its members shall have the right to use codes and to receive papers or correspondence by courier or in sealed bags.

No official communication directed to the SLMM or to any of its members, nor any outward official communication of the Mission, by whatever means or in whatever form transmitted, shall be detained in any way or suffer any interference with its confidentiality.

Article 4:

Laws and regulations Privileges and immunities are accorded to the SLMM and its members in the interests of efficient and independent fulfillment of the Mission's tasks 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.

Article 5:

Clothing, identification and armament

1. The members of the SLMM will wear plain clothes, and be visually recognized by armlets marked with the SLMM emblem.

2. The members of the SLMM will not carry side arms or any other kind of weapons.

3. All vehicles and premises at the disposal of the Mission will be marked with the SLMM emblem.

Article 6:

Security, safety and emergencies The GOSL is responsible for the protection and security arrangements of all SLMM personnel residing in Sri Lanka.

The GOSL will, if necessary provide emergency medial aid and assist in providing emergency medical evacuation of SLMM personnel on Sri Lanka territory.

The LTTE has agreed in writing to take upon itself the same responsibilities in the areas under its military dominance.

Article 7:

Miscellaneous provisions

1. The GOSL will assist SLMM in finding appropriate office space, free of charge, to the SLMM as required and deemed necessary.

The LTTE has agreed in writing to take upon itself the same responsibilities in the areas under its military dominance.

2. The GOSL will assist the SLMM in finding appropriate and suitable accommodation for all international personnel.

The LTTE has agreed in writing to take upon itself the same responsibilities in the areas under its military dominance.

3. The Norwegian Government and the Participating Nations will bear all expenses of SLMM, except for those incurred under Article 6.

Final Provisions

This Status of Mission Agreement enters into force on the date of its signature, and shall remain in force for the duration of the Sri Lanka Monitoring Mission.

Signed:

Colombo 18.03.02 On behalf of the Royal Norwegian Government On behalf of the Government of the Democratic Socialist Republic of Sri Lanka