posted March 04, 2001 02:54 PM            

By D. B. S. Jeyaraj

The LTTE is planning to contest through legal and political avenues the proscription imposed on it by the British government while continuing to co-operate fully with the on-going peace process facilitated by Norway.

According to informed sources in London the LTTE is presently consulting leading lawyers in Britain over possible legal action in connection with the recently imposed ban. It has also commenced exploratory discussions with human rights advocacy groups in a bid to associate itself with positive efforts contemplated to challenge the new legislation on terrorism.

LTTE chief negotiator, Anton Balasingham, has also submitted a report on developments after the proscription came into effect, to the Tiger supremo Velupillai Prabakharan. The LTTE chief will thereafter decide upon the politico-legal course to be adopted in response to the ban on his organisation after discussing the issue with his senior military commanders and political leaders in the Northern mainland of the Wanni.

Although 21 organisations including the LTTE have been proscribed, a number of legal options are available to such organisations to contest the ban. Initially an application could be made to the British home secretary under sec 4 of the law to remove the proscription. If that fails, an application could be made to the Proscribed Organizations Appeal Commission to deproscribe the organisation concerned.

Further legal recourse is available through appeals to courts of appeal . Final disposal of appeal can even extend to the House of Lords. Proceedings can also be enacted in terms of the Human Rights act 1998 in instances where 'an action of the secretary of state is deemed incompatible with a convention right.' Proscribed organisations can also place Britain in the dock at the European court at Strasbourg.

Apart from legal remedies, Tamils in Britain are also contemplating political options. The coalition known as the Expatriate Tamils British Parliamentary Campaign will continue lobbying British parliamentarians, foreign and home ministry officials on an on-going basis even after the ban comes into force. Although the law is expected to be passed by the lower and upper houses of parliament without much difficulty, the Tamil lobby will persist with its endeavours in the future.

In the meantime the LTTE will continue to participate in the Norway facilitated peace process. Contrary to reports in the Colombo media, Balasingham is still in London and not in Oslo. He issued a statement in response to the ban where he stated that "the peace initiatives depend precariously on the leniency or harshness in which this draconian legislation will be enforced by the law-enforcing agencies in Britain."