Showing posts with label tamil eelam. Show all posts
Showing posts with label tamil eelam. Show all posts
Thursday, November 1, 2018
ஈழத்திலிருந்து கலைஞருக்கு வந்த கண்ணீர்க் கடிதங்களை .......
Wednesday, October 3, 2018
Sunday, September 23, 2018
DRAVIDA PERAVAI APPEALED TO SOCIALIST INTERNATIONAL TO SAVE TAMILS
SOCIALIST INTERNATIONAL
Maritime
House,
Respected
Secretary General
Socialist
International had brought all the socialists under one umbrella, and we Indian
Tamils appeal to Socialist International and its constituent parties and
leaders of those parties to urge United Nations to follow its own precedent of East Timor example and to hold a referendum to allow
Eelam Tamils to decide about their own destiny. In the aftermath of world
nations feeling the throb to come to the
rescue of Srilankan Tamils bleeding under the brutal campaign of genocide
unleashed by the Srilankan Government headed by Mr.Mahinda Rajapakshe, we a
South Indian political party appeal to Socialist International to mobilize
world opinion ,
a]
To hold plebiscite or referendum under UN auspices in North East Provinces of
Srilanka, and
b]
To initiate same actions Security Council and UN [through International Court
of Criminal Justice] are initiating with regard to Sudan
Though
men with conscience among many nations are doing their best within United
Nations their efforts are checkmated by one power or other. Hence Dravida
Peravai, the South Indian political party decided to knock the doors of
Socialist International and leaders of Socialist parties who are in power or in
opposition seeking their moral and vocal support to mobilize world opinion
against Srilanka and its genocidal civil war.
The
Economist of UK labels Sri
Lanka
If Scotland
wanted to leave the United
Kingdom UK ,
and is probably the reason that Scotland Britain with its own
Scotland
A
Conservative Party politician in the United
Kingdom , Dr. Rachel Joyce, apologized recently for
blunder committed by Colonial Britain in making a unitary Ceylon Sri
Lanka Harrow recently. This is enough to
tell in a nutshell the crux of the problem.
Tamils
for Obama, a non-governmental organization in USA East Timor . We appeal to all members of Socialist
International to urge the United Nations to emulate its own precedent and end
the genocidal war in Srilanka. By referendum people’s will would be
ascertained, and that democratic option may be resisted by certain people in
India, who hate the word plebiscite, because there is an UN resolution calling
for a plebiscite which these people consider as bitter pill forgetting that in
democracy it is the best way.
7
March 2009, The Santa Clara County Democratic Party Central Committee, had
passed a resolution asking "U.S. Congress and the Federal Administration
to immediately persuade the government of Sri
Lanka and the UN to conduct a UN monitored referendum in
the Tamil region of Sri
Lanka Sri Lanka
There
are independent nations which no other country had recognized. Nagorno-Karabakh Republic India
groomed puppet Mr.Varadaraja Perumal imposed as Chief Minister under Rajiv
Gandhi-Jayawardene accord while fleeing to India India
had endorsed the unilateral declaration of Independence Nagora-Karabakh Republic
This
tiny nation has three official languages, and Indian Foreign Minister Mr.Pranab
Mukherjee can never make Srilanka accept two official languages.
When even this
could not be conceded, why India Somaliland has Mr.Dahir Riyale Kahin as President. Let
any Tamil around whom people’s consensus emerges become the President,
declaring Tamil Eelam independence. This tiny country has its own currency, Somaliland
shilling, and it is not recognized by any other nation, but that does not deter
it to become independent, Tamil Eelam must take the cue from these two nations
not recognized by any other nation, and world nations must understand the
historical compulsions of Eelam Tamils in taking this extreme step.
Countries
recognized by non-UN Member states: There is Transnistiria recognized only by
Abkhazia and South Ossetia , and these two
countries are not members of United Nations. Transnistiria has three official
languages namely Moldovan because Moldovans constitute 31.9% of the population.
Russians are 30.4% and Ukrainians constitute 28.8% of the population. This
country which is under internationally unrecognized President Mr.Ignor Smimov
shows the way to Srilanka, which refuses to accept Tamil too as official
language. With 5,37,000 people in an area of 1607 square kilometers
Transnistiria could remain independent, why not Tamil Eelam, all Tamils must
ponder.
Abkhazia
is a unitary Republic under President Sergei Bagapsh having declared its
independence on 12th October 1999 and one UN member state recognized this
country only in 26th August 2008.These states significantly point out the
failure of the United Nations but at same time demonstrates that independence
is one that is obtained not at the mercy of others.
Governments
in Exile too had existed in history, but here that does not arise since Tamils
need only a United Nations Transitional Government, in immediate future. If at
all Tamils of Eelam are uprooted from their homeland Socialist International
must recall the past Governments in Exile that had operated from other
countries. The Free French Government headed by Charles de Gaulle during II nd
world War got the support of USA ,
UK , Russia and regained France
Between
1795 and 1814 the Government of the Dutch
Republic in Exile lived in London Netherlands Mexico Republic of Korea
based in Shanghai , China
and later in Chongqing Korea
After
Japan
The
Revolutionary Government of Angola in Exile founded in 1962 and based in
Kinshasa, Congo-Kinshasa, Socialist Republic Government of the Democratic
Republic of Georgia in Exile after the Soviet invasion of Georgia of 1921 and
based in Leuville-sur-Orge, France, Governments of the Ukrainian People’s
Republic in Exile after the Soviet invasion of Ukraine in 1920 are few more
precedents we have to recall in our minds if situation warrants. The Free Aceh
Movement, a government in exile for the Aceh special territory
of Indonesia , is headquartered in Sweden
Such
precedents exist. If one country supports a Government in exile can be formed.
The struggle to gain recognition will take long time to succeed, but firm
foundation for Free Tamil Eelam will be laid, shutting all options for
compromising independence for Eelam Tamils.
Genocide: Action by International Court of Criminal
Justice: Sudan
We
from India appeal to all the
leaders in Socialist International to compare between Sudan Sudan
On
Wednesday March 4th 2009 The International Criminal Court issued its first ever
warrant against a sitting head of state, namely, President Omar al Bashir of Sudan Sudan Sudan Sudan said the government revoked their licenses
and called for them to leave North Darfur
immediately. In a statement, the U.N. chief did not explicitly call for
President Bashir to surrender and cooperate with the ICC.
Instead he said he "trusts the government
of Sudan will address the
issues of peace and justice in a manner consistent with" the 2005 Security
Council resolution that referred the Darfur
issue to the court.
On
March 7th of 2009 China has
blocked a statement in UN Security Council which would have asked Sudan China ,
demanding that it ask the court to defer any action at least for one year to
give peace process a chance in Sudan ,
a move that western nations like the United
States , Britain
and France
The
African Union Commission Chairman Jean Ping has indicated that while they support
the fight against impunity and that the crime perpetrators should not go
unpunished, they are of the view that peace and justice should not collide.
Hence they would want the warrant to be deferred to facilitate the completion
of the implementation of the comprehensive peace agreement between Northern and
Southern Sudan and ensure the end of the Darfur
crisis. Sudan
The
UN needs the ICC and the ICC needs the UN. It is this symbiotic relationship
that the organs of the UN, especially the Security Council need to enhance in a
constructive manner as soon as possible. The Court is to deal with issues such
as war crimes, genocide and crimes against humanity. For the purpose of this
Statute crimes against humanity means any of the following acts when committed
as part of a widespread or systematic attack against any civilian population,
with knowledge of the attack; that is, murder, extermination, enslavement,
deportation or forcible transfer of population, imprisonment or other severe
deprivation of physical liberty in violation of fundamental rules of
international law, torture, rape, sexual slavery, enforced prostitution, forced
pregnancy or any sexual violence of comparable gravity persecution against any
identifiable group or collectively on political, racial, ethnic, cultural,
religious, gender or other grounds, enforced disappearance of persons, the
crime of apartheid.
Dravida
Peravai appeals to Members of Socialist International to endorse the demand of
Tamils spread across countries and continents to initiate action against
Srilankan President Mahinda Rajapakshe through the International Court of
Criminal Justice.
In
another related development, CMAG, a body of nine ministers, which is mandated
to check persistent violations of the ‘Fundamental Values and Principles of the
Commonwealth,’ includes democracy and human rights states that “The government
of Sri Lanka Sri
Lanka Sri Lanka
Hence
Dravida Peravai calls Commonwealth a Failure. How could for third time Srilanka
be there contrary to usual parameters, and when this is happening we have to
loose faith in Commonwealth and appeal to other bodies, to come to the rescue
of Tamils.
The
grave charges of genocide against Srilanka are well documented. In an invited
written testimony to the hearing on "Recent Developments in Sri
Lanka" before the Foreign Relations Subcommittee on Middle East and Asia,
at the Dirksen Senate Building Tuesday, Bruce Fein, former U.S. associate
deputy attorney general, details the recent violence by the Sri Lanka Government
against Tamils civilians under "impenetrable media blackout and eviction
of all outside observers...has crossed the line into genocide, which justified
a criminal investigation under United States laws." Detailing the
structural aspects of the slow genocide Fein accuses Colombo of perpetrating
against Tamils, the testimony says: "All previous well-known genocides
which have occurred since the end of World War II have been characterized by a
massive number of murders in a small defined locality occurring in a short time
period and carried out by an actor seeking the total physical extermination of
a particular ethnic group. The post-1945 genocide cases often cited are: the
Holocaust, the Kurds in Iraq ,
the Srebrenica massacre, and Rwanda Sri Lanka
Describing
the latest violence on Tamils, Fein says "best estimates from neutral
persons in Sri Lanka
These
are just a brief introduction to the problems Tamils are facing, which are next
to what Jews faced under Nazis in last century. The socialist is one who fights
for right causes at right time, and as socialist party, we in Dravida Peravai,
hope that you will rise to the occasion and raise your voice against Genocide
of Eelam Tamils. We also hope that you will urge United Nations by refreshing
its memory on its own East Timor precedent, to
fulfill its historical duty to liberate Eelam Tamils from ethnic cleansing and
genocide.
40 TAMILS MEMBERS OF PARLIAMENT IN INDIA : SRILANKA 22 TAMIL M.P's : INTERACT WITH EACH OTHER : 2006
40 TAMIL M.P’s IN INDIA
22 TAMIL NATIONAL ALLIANCE
MEMBERS OF SRILANKA
At
Pondicherry
State
President of Rastriya Janata Dal headed
by Lalu Prasad Yadav at national level Thiru.T.Sanjivi, Mr.Thanga.Kalaimaran of
Bahujan Samaj Party headed by Mayavathi, former Chief Minister of Uttar
Pradesh, Mr.Sundaramurthy of Nationalist Congress Party headed by Union
Agriculture Minister Sharad Pawar and A.Vanthiyathevan Publications Secretary
of Marumalarchi DMK were in the Dias. The Organizing Secretary of Dravida
Peravai Syed Khader and Treasurer of Dravida Peravai Narambai Mahalingam were
also in the dais. On arrival NCP leader Sundaramurthy presented a shawl and
welcomed Shivajilingam. Mr.Agni.Subramanian Editor of Manitham accompanied the
visiting Parliamentarian.
In
his Presidential speech N.Nandhivarman said, all Tamils all over the world feel
terribly upset and disappointed because still meeting of the Tamil National
Alliance Members of Parliament with Indian Prime Minister Manmohan Singh and Tamil
Nadu Chief Minister Kalaignar M.Karunanithi did not unfortunately
materialise.Tamils are known for their hospitality. We have welcomed all races
and made them live happily in our soil. It is most unfortunate that the woes of
the Tamil people of Eelam could not be presented to Indian leaders. In Ramayana
when Rama wanted to find out an auspicious time to launch attack on Ravana,
Rama only approached Ravana, who true to his professional knowledge of
astrology fixed a date though it will be detrimental to his interest. Such is
the nature of the nobility of Tamil race. Even to listen to the elected
representatives of Tamil people of Eelam if so much reluctance is shown it does
not augur well for resolving the conflict. It is high time that 40 Tamil Members
of Parliament in India
Nandhivarman proposed observance of 2
minutes silence in remembrance of Thileepan who gave up his life fasting on
Gandhian lines and the gathering observed silence [26.9.2006].He said it is
wrong to differentiate Eelam struggle as before Rajiv and after Rajiv. For
argument sake if revenge had to be taken India Delhi
Are not the deaths enough to end the
revenge and avenging of Rajivs death. All nations have faced similar
circumstances but nowhere for single assassination a whole race is cursed to
bear the cross or driven to catacombs.
Mr.Shivajilingam M.P is his powerful oration narrated how many Srilankan governments have failed to honour commitments given to Tamils. Mr.Shivajilingam pointed out politely toIndia India does not help us if it did not hinder our
efforts we will defeat the combined conspiracies of Pakistan ,
China India
Mr.Shivajilingam M.P is his powerful oration narrated how many Srilankan governments have failed to honour commitments given to Tamils. Mr.Shivajilingam pointed out politely to
Agni.Subramanian of Manitham magazine narrated the human rights violations and
explained the sufferings of Tamil people in detail. Mr.P.Parangusam Treasurer
of Aringnar Anna Foundation proposed the vote of thanks.
A group discussion followed the meeting in which many questions were posed to Mr.Shivajilingam by the people as well as spies sent by Indian intelligence agencies. It was an open discussion with no hidden agendas and Mr.Shivajilingam reiterated the inevitability of Eelam as the only solution. The representatives of many parties of
MONEY MANDAPAMS NOT NEEDED EVERY TAMIL VISIT FAMILIES OF THESE MARTYRS OF SELF IMMOLATION FOR EELAM CAUSE
Dravida
Peravai mourns and salutes these martyrs whose death must activate the
conscience of international community.
MARTYRS COMMIT SELF IMMOLATION: from DMK
A 60-year old Dravida Munnetra Kazhalagam (DMK)
member who worked as a driver with the metropolitan transport corporation
self-immolated demanding immediate stop to the killings of Tamils in the North
East by the Sri Lanka Government. S Sivaprakasam
was a participant at the human-chain protest organized by the DMK Youth Wing
when he set himself ablaze. He suffered fourth-degree burns, and later died at Kilpauk Government Medical
College
INBRITAIN
IN
An Eezham Tamil has self-immolated himself in front
of British Prime minister Gordon Brown's official residence at 10 Downing Street London ; according to UK
INGENEVA
IN
26-year-old Eezham Tamil from UK has self-immolated himself to death in front
of the United Nations Office at Geneva in Switzerland
IN MALAYSIA
27-year-old Eezham Tamil, Raja, living in Malaysia Sri Lanka
“My name is Rajah, born on 27 May, 1982. I came to
IN TAMILNADU: from CONGRESS
Congress functionary Sirkazhi Ravichandran, a 47-year-old father of two
children, immolated himself Saturday to protest his party's inaction on the
Eelam Tamils issue. He succumbed to hundred percent burn injuries and died a
short while later at 3:45 p.m. Two days earlier, he had an altercation with the
Union Minister Mani Shanker Aiyar blaming the Congress party for failing to
stop the war in Sri Lanka
[Photo
courtesy: Nakkheeran] The
remains of Cheerkaazhi Ravichandran [Photo courtesy: Nakkheeran]
In TAMILNADU
A young Tamil activist burnt himself to death in front of the Shastri
Bhavan, the Indian Central Government's Chennai Head office The activist, Mr.
Muthukumar, from Thooththukkudi, who works for Pe'n'nea Nee feminist magazine
as typist and also writes articles, doused himself with petrol and set himself
afire, condemning the futile visit by Indian Foreign Minister Pranab Mukherjee,
who failed to stop the war in Sri Lanka and save Eezham Tamils.
KAREN PARKER BEFORE U..S.SENATE ON TAMILS PLIGHT IN SRILANKA : 24.2.2009
[ Kiran Parker, a lawyer attended the International Conference for Solidarity with Eelam Tamils organized by Comrade George Fernandes in 1997 where I met. In that conference Era.Janardanam M.L.C, Dravida Peravai N.Nandhivarman, Dr.K.Veeramani President Dravida Kazhagam , Pazha.Nedumaran were the only Tamils from India who spoke. Comrade Thiagu translated the speeches of all leaders who spoke in English. Comrade George Fernandes was the final speaker. My paper was in English 50 xerox copies distributed, yet due to satisfy his team Pazha.Nedumaran blacked out my speech in the Souvenir ,Never in life I will forget this insult to Tamil history ]
STATEMENT OF KAREN PARKER,
J.D.
BEFORE THE SUBCOMMITTEE ON
NEAR EAST AND SOUTH AND CENTRAL ASIAN AFFAIRS, COMMITTEE OF FOREIGN AFFAIRS,
UNITED STATE SENATE
FEBRUARY
24, 2009
Chairman
Casey and members of the Subcommittee:
I am pleased that you are concerned
about the situation in Sri Lanka and have given me this opportunity to provide
the Subcommittee with information regarding this situation and my views on what
United States might usefully do. By way
of introduction I am an attorney specializing in international humanitarian
(armed conflict) law and human rights. I have participated in United Nations
human rights forums since 1982, and have addressed the situation in Sri Lanka
since 1983 on behalf of a number of non-governmental organizations, most
recently with the Association of Humanitarian Lawyers (AHL) and International
Educational Development (IED). In 1987 I presented a statement to the House of
Representatives on the situation in Sri Lanka.
[1]
The views expressed in this statement are my own and do not necessarily reflect
the views of IED or AHL.
BRIEF OVERVIEW OF CURRENT
CRISIS
The twenty-six year old armed
conflict between the armed forces of the government of Sri Lanka and the
Liberation Tigers of Tamil Eelam has reached a phase that can only be called
genocide-like and catastrophic for the Tamil people in the north and east of
the island. [2] As there are many incidents on a daily basis and the situation
is extremely volatile, it is not possible to be either timely or even accurate
as far as facts and figures. Accordingly, this overview should be accepted as
snapshots indicating the urgency of the situation. Even so, they clearly
indicate genocidal acts. [3]
A. Civilian casualties.
While numbers vary substantially
about the number of Tamil civilians killed, the most reliable estimates
indicate at least more than two thousand in the past several weeks alone. There
are many thousands with life-threatening injuries and the casualty figures can
be expected to rise dramatically in the next few weeks due to lack of medical
care. Casualty figures released in June, 2008 for the war indicated more than
100,000 persons had died, the vast majority of them Tamil civilians.[4] Recently,
the health officer for Mullaitivu district indicated at least 40 Tamil
civilians killed and 100 injured per day.[5]
B. Illegal military operations.
It is clear that hospitals, safety
zones and civilian locales have been targeted and the number of casualties
indicate blatant disregard for humanitarian law standards.[6] In defending
military actions against hospitals, Defense Secretary Gotabaya Rajapakse was
filmed stating: “No hospitals should operate outside the safety zone . . .
everything beyond the safety zone is a legitimate target.”[7] This is an
egregious misstatement of the humanitarian law rules. In addition to targeting
hospitals outside the safety zone, there is also reliable evidence that the
government’s forces continue to targeting hospitals, schools and civilian
dwellings inside the safety zones and in other undefended civilian areas that
under humanitarian law rules may not be attacked.
C. Status of relief providers.
Because of fears of attacks as well
as because of express orders to leave, most relief agencies have left the
LTTE-controlled areas and much of the area newly under government control as
well. It appears that Tamils Rehabilitation Organization is the sole-remaining
international NGO in the LTTE-controlled area. The International Committee of
the Red Cross (ICRC) was ordered out of the LTTE-controlled areas by the
government and its capacity to attend to the needs of Tamil civilians not in
the LTTE-controlled areas has been dramatically reduced. Its last act was to
transport several hundred severely wounded out of the area by ship.
D. Shortages of food, water and medical supplies.
Tamil civilians both inside and
outside of the LTTE-controlled areas suffer severe shortages of food, water,
and basic medical care. The primary
supplier of food has been the World Food Programme. WFP’s access to the
Tamil-controlled was curtailed some weeks ago, but after much international
pressure on the government, a food caravan was allowed into the LTTE-controlled
area (the Vanni) on February 19 containing 30 tons or an estimated 100 grams
per person/ per day, which is grossly inadequate. At the same time, the available food and
water at the government’s IDP camps is also grossly inadequate. UNICEF has had
emergency feeding centers for children who are grossly underweight and facing
death by starvation, but it is uncertain if they also have been cut back by
government edict. Tamils in the whole of
the north and east have had their subsistence farming and fishing severely
curtailed for some time due to the government’s establishment of high security
zones (HSZ) which effectively remove prime farming and fishing areas from use.
In this manner, the Tamils in the North especially have already faced serious
food shortages – many Tamil children are developmentally delayed due to lack of
food. In any case, all evidence shows that the government is denying food,
water and medicine to the Tamil civilian population, prohibited by humanitarian
law norms and an element of the crime of extermination under the Statute and
Elements of the International Criminal Court. [8]
E. Status of Tamil civilians.
There has been considerable controversy
about the status of Tamil civilians both in the LTTE-controlled areas and in
the government controlled areas. Estimates about the numbers of Tamils in the
LTTE area vary from 150,000 to over 300,000. At this point, with no monitoring
of the situation, it is impossible to tell, but given the fact that fewer than
60,000 or so have crossed to the government side according to the government’s
figures, the higher number is the more likely one. Another controversy is that
there are accusations that the LTTE is not letting civilians flee and that the
government is preventing people from entering into its area. Again, with no
witnesses, it is not possible to verify this accusation. However, is highly
likely that many of Tamil civilians in the LTTE- controlled areas would be
hesitant to turn themselves over to what they consider an enemy government. [9]
Many of those in the Vanni had come there the past few years after abuses in
the government-controlled areas such as Jaffna and Trincomalee. Prior to the
recent upheaval, monitors who surveyed check points both ways found that many
entering the Vanni had lost relatives to the “white vans, ” the vehicles that
roam the street and seize people who are rarely seen again.[10] Others had been arrested and tortured at government
police stations. The war began, of course, after the Tamil people lost faith in
the national government to protect their rights, and has been fueled by
continued human rights and humanitarian law violations against them. Indeed,
more than one-third of the Tamil civilian population on the island now forms
the more than 1.3 million persons in the burgeoning Tamil Diaspora.[11]Those in
the LTTE-controlled area also are aware of the IDP camps, and know that when they cross the line, that they
will be sent to a camp. What is apparent is that those crossing into the
government-controlled area are in severe need of both food and water.
There is also controversy over the
government’s plans for Tamils leaving the Tamil-controlled areas. The government
originally announced that they would be kept in detention camps for 3 years,
but after a rather strong reaction from the international community, especially
from certain UN officials and the UK, the government is now claiming that Tamil
civilians would be in camps for a shorter, unspecified time. Obviously, those
crossing the line would be very nervous to express their opinion freely while
in camps, and are likely to say whatever will keep them the safest under the
circumstances, as commonly occurs in this type of situation.
F. Weaponry.
There is strong evidence that the
government forces may be using either illegal weapons or legal weapons in an
illegal manner. A recent charge was made that thirty families in a safety zone were
killed by “bunker buster” bombs. Without proper investigation, it is not
possible to verify this or to know, if used, the bunker busters are B61-11s or
the older B61-7s from the United States arsenals, or whether they are of
different origin. The photographic evidence of cluster bomb casings against
civilians is inconclusive – it is obvious that the markings on the cases is in
Russian, but less clear whether the photographed casings were from cluster
bombs or some other munitions. It is unknown if the Russian Federation supplied
these munitions or if another county did.
There appears to be reliable evidence of the use of white phosphorus as
weapons rather than tracers, or that white phosphorus was used with disregard
for possible civilian casualties. There is also photographic evidence of the
use of fire bombs against Tamils in camps for internally displaced persons
(IDPs). The government of Sri Lanka has
received Dvora patrol/attack boats from Israel, MIG-27s from Ukraine, military
assistance and arms from Pakistan and military assistance (and possibly
weaponry) from Iran and possibly the Russian Federation.
G. Monitoring.
The government has refused any
monitoring of the conflict by international actors and organizations and has
prevented the media from going to the war area. Note that former President
Clinton and former UN Secretary-General Annan were not allowed to the
Tamil-controlled areas following the Tsunami, and, except for the ICRC, now
forced out, and one or two UN officials, no other UN mandate holders have been
allowed to that area. Former UN High Commissioner for Human Rights Louise
Arbour was allowed to travel to the North in 2007, but not to Tamil-controlled
areas. Her visit to Jaffna was heavily controlled by Sri Lanka authorities, and
she apparently was not able to meet with Tamil civilians in private. There is a
clear intent to prevent anyone is a position to act from meeting with the LTTE
leaders or the people who live in the LTTE areas. The head of the UN Office for
the Coordination of Humanitarian Affairs (OCHA) John Holes was allowed to visit
several of the IDP camps in Vavuniya during his just-finished trip, but he was
not allowed to circulate freely and was accompanied by the President’s brother.
In the best of circumstances, this would not be conducive to a fair evaluation
of the situation. Further, he was called a “terrorist” by Sinhala politicians
following his previous visit in (August 2007) when he commented on the high
number of killings of humanitarian workers aiding the Tamil population, so he
is apt to be cautious. A significant concern is that the interpreter from Tamil
to English during Mr. Holmes visit to persons in IDP camps was a senior
minister in the Rajapakse Administration, and there is no way to verify
what interviewees actually said.[12]
H. Attacks on media.
In the past few years there have
been assassinations of many of the major Tamil journalists, or journalists that
are considered “friendly” to Tamils by the government. The most recent victim
of this was Lasantha Wickrematunge, killed on January 8, 2009. Mr.
Wickrematunge, a Time Magazine freelancer and the editor of The Sunday Leader,
was an outspoken critic of the government of Sri Lanka. In an interview with the BBC’s Chris Morris
about Mr. Wickrematunge’s death, Defense Secretary Gotabaya Rajapakse stated
that dissent or criticism in time of war is treason. Chris Morris fled Sri
Lanka on February 2, 2009 after being called an LTTE supporter by the Defense Secretary.
Dozens
more have fled since then, many receiving aid from international media NGOs. In
2008, 12 journalists were killed in Sri Lanka. Sri Lanka was identified by Time
Magazine as number 3 on the list of underreported stories in 2008 and claimed
the war was deadlier than Afghanistan.
INTERNATIONAL RESPONSES TO THE
CRISIS
There have been a number of actions
by both governments and international officials since the crisis began in
January, although since the Rajapakse Administration began, there has been
increased scrutiny of the long war, especially since January 2008 when
President Rajapakse announced that he was suspending the then 5 year old cease
fire agreement. For example, there was a special debate on the Tamil genocide
in the House of Commons UK in October, followed by an adjournment debate in the
House of Commons on Dec. 18, 2008. [13] On January 23, 2009 Germany called for
a cease fire. Australia has indicated that it will provide an additional 4
million Australian dollars. The EU issued a call for a cease fire on February
23, 2009.
A number of international
personages have also called for a cease fire and a settlement of the conflict
through negotiations. Recently Nobel Laureate Jose Ramos Horta offered to
mediate. Nobel Laureates Desmond Tutu and Martti Ahtisaari have recently spoken
out about the need for a negotiated political settlement.
Within the UN system, Walter Kalin,
the UN Independent Expert on Internally Displaced Persons issued a statement of
concern on December 23, 2008. Radhika Coomaraswamy, the Special Advisor to the
Secretary-General on Children and Armed Conflict issued a statement on January
21, 2009 and another on February 20, 2009. Navi Pillay, the High Commissioner
for Human Rights issued a statement on January 29, 2009. On February 9, 2009,
ten mandate holders under the UN Human Rights Council issued a
statement.[14] OCHA posted a
special report on February 10, 2009, in which it indicated that the Office of
the UN High Commissioner for Human Rights was preparing to address the needs of
up to 100,000 IDP and others. UNICEF and the World Food Programme are actively
involved with providing relief in Sri Lanka, although the two specialized
agencies cannot operate freely in the Tamil areas and the Tamil-controlled
areas.
A recent request by Mexico to
address Sri Lanka in the Security Council was rebuffed by the Russian
Federation. Secretary-General Ban Ki-moon claimed that he could not ask the
Security Council to address the issue because it was not on the agenda,
although Article 99 of the UN Charter clearly gives him the authority to do so
and he has acted under Article 99 authority in the past.
The Tamil Diaspora has responded to
the crisis with many demonstrations. For example, there have been recent
demonstrations in South Africa, Australia, New Zealand, Washington, DC, New
York, San Francisco, London, Paris and Geneva. In Canada there have been
several massive demonstrations, including a “human chain” that surrounded a
large part of downtown Toronto.
UNITED STATES POLICIES
United States had little interest and
involvement in post-colonial Sri Lanka until the Reagan Administration, even
though there were many disturbances between Sinhalas and Tamils from the
beginning of that period, including four or five widespread massacres of Tamils
by Sinhala mobs. Regretfully, United States policies that began under the
Reagan Administration have been unhelpful in resolving this situation. In 1987
India found out about President Reason’s interest in developing Trincomalee
Harbor to accommodate the United States Navy: a deal had been nearly worked out
with President Jeyewardene. Wanting to prevent this, India entered into the
Indo-Sri Lanka Accord (1987) and attached a letter of annexure indicating that
nothing would transpire with Trincomalee that was against the wishes of India.
There was perhaps a tactical pause under the Clinton Administration. After the
events of September 11, the Bush Administration looked again at Trincolamee and
there are suggestions that Palaly airfield was also under consideration. Both
of these are in the Tamil areas, so in order for possible bases to be secure,
the Tamil question would have to be resolved.[15] However, instead of taking a
leadership role in resolving the conflict with cooperation of the Co-Chairs and
the Sri Lankan Monitoring Mission, the Bush administration converted the armed
conflict in “terrorism/counter-terrorism.” Thus the conflict was no longer
reviewed under prevailing humanitarian law, the result of which has
substantially prolonged the conflict and has done considerable damage to
humanitarian law itself. Of course, false labeling of armed conflicts as
“terrorism/counter-terrorism” does not make the world any safer from actual
terrorists and, with the demise of humanitarian law protections usually results
in many more victims of armed conflicts than there would otherwise be. Sadly,
this is the case in Sri Lanka.
It is clear that since 1982 the
LTTE has met all criteria for combatant status according to humanitarian law norms:
they have an identifiable chain of command; they are in uniform and use the
weapons and the materiel of war; they have ground, sea and air forces; they
have exercised sufficient control over territory to be able to engage in
sustained and concerted military operations; and in all ways meet combatant
status criteria. This does not mean that to recognize the existence of the
armed conflict necessarily means a political approval of their aims, which, as
the LTTE states, is to ensure sufficient autonomy if not separation from
Sinhala control so as to enable the Tamil people to live in peace and security.
[16]
Recognizing a war as a war also does not extinguish the terrorism question:
there is a rule in the Geneva Conventions that prohibits “measures of intimidation
or terrorism” against the civilian population.
[17]
However, if such measures occur, this does not convert combatant forces to
terrorists: combatants remain under the protection and obligations of
humanitarian law as long as the conflict is occurring, and in certain cases,
for some time after the conclusion of hostilities. Both the LTTE and the
government forces may carry out any military operation that is not prohibited
in humanitarian law. Many of the military operations in this war are legal, but
those occurring now that target the Tamil civilian population is not.
The conversion of the war into
“terrorism/counter-terrorism” has had a number of other serious consequences,
one of which is the distressful erosion in basic human rights and far too many
“shades of gray” in situations that are actually quite black and white.[18] But
an even more serious consequence is that the Tamil people worldwide have been
so demonized by the constant inferences that “Tamil = Tiger = terrorist,” mostly
by the constant references to this by Sri Lanka’s President and other
authorities, that Tamils have been intimidated and have lost the key support of institutions and
groups who ordinarily would be sympathetic.[19] Any public show of sympathy for
Tamils is fiercely and publicly countered by the government, targeting, inter
alia, more than a few members of Congress in the US and members of Parliaments
in numerous other countries. Sri Lanka representatives try to intimidate NGOs
at United Nations human rights sessions. [20] They also pursue Tamils in the
Diaspora, and even try to prevent local authorities from issuing permits for
Tamil demonstrations. In the United States there is a mood that somehow the
Tamil people as a whole are an enemy of the United States. In my 27 years
working on humanitarian law issues, I have never encountered a situation where
an ethnic group that has been the victim
of the most serious of human rights and humanitarian law violations becomes the
culprit – and in ways that are overtly racist. Indeed, it is not possible for
people to discuss any other group in this fashion without receiving instant
disapproval.
There are some hopeful signs that
the new United States Administration will play an affirmative role in the situation
rather than a grossly negative one. Both President Obama and Secretary of State
Clinton have made statements that indicate more careful reflection on this and
similar situations.
RECOMMENDATIONS
1. The first thing that the United States
should do is call for an immediate cease fire, and then should most forcefully
present this to the Rajapakse Administration. While the Rajapakse
Administration has stated as recently as a few days ago it would not do so, it
is difficult to imagine that with the combined force of the US, the rest of the
co-chairs and the rest of the “Western and Other” bloc at the UN, Sri Lanka’s
main “donor” States, that Sri Lanka would be defiant. While Sri Lanka may have
received assurances from Iran and the Russian Federation, for example, that
they would cover Sri Lanka’s needs, it does not seem likely that they can
substitute for the level of aid from the Western bloc and Japan.
2. The United States should ensure
that no State that receives United States military assistance provides arms to
the government forces. The United States should also seek to stop arms delivery
to the government of Sri Lanka by any other countries.
3. The United States should take a
leadership role in ensuring that the humanitarian needs of the Tamil civilians
are met, that Tamil civilians are not relocated to detention camps but are
allowed freely to resettle in their own locales, and that the human rights
abuses against them cease immediately. In particular, the United States should
ensure that its contribution to the rehabilitation of the Tamil areas reflect a
genuine desire to assist. The United States should ensure that any funds
donated by Tamil people to assist Sri Lanka Tamils that have been “frozen” be
made available for the purpose of assisting these Tamils.
4. The United States should most
forcefully insist that on-site visits to any and all areas of Sri Lanka by UN
officials or other impartial persons take place, and that interpreters for such
visits are trained and impartial. The United States should also insist that Sri
Lanka allow the United Nations High Commissioner for Human Rights to expand her
office in Sri Lanka.
5. The United States should ask the
government of Sri Lanka what proposals they have for the resolution of the
Tamil issue. The United States should consult regularly with the leadership of
the Tamil Diaspora, both in the United States and in other countries, to invite
comments and suggestions on proposals. The United States should encourage the
government of Sri Lanka to accept the good offices of mediators such as those
mentioned above.
6. The United States should ensure
that the government of Sri Lanka ceases all anti-Tamil rhetoric at home and
abroad and that it finds a way to prevent Sinhala political parties (such as
the JHU) from also engaging in anti-Tamil rhetoric that has so often incited
Sinhala mob attacks on Tamils and those perceived as “pro-Tamil.” The United
States should ensure that the government of Sri Lanka ceases all acts against
Tamil American citizens or residents or anyone else perceived as being
“pro-Tamil.”
7. The United States should
reexamine its foreign policy objectives in Sri Lanka and the area, and take
steps to ensure that United States policies do not contribute to human rights
and humanitarian law violations of any kind, and especially not of the scale
and scope of those against the Tamil people in Sri Lanka.
[1]
Application of Human Rights and Humanitarian Law to the Situation in Sri Lanka:
Hearings on Sri Lanka before the Subcomm. On Asian and Pacific Affairs of the
House Comm. on Foreign Affairs, 100th Cong., 1st Sess. (1987).
[2]
This is not to say that there are not serious abuses of Tamils in other areas,
which, as they are taking place in the context of the armed conflict, also
indicate serious violations of humanitarian law.
[3]
Former United Nations Secretary-General Kofi Annan stated many times that
whenever there is an ethnic conflict, the question of genocide arises. In this
situation there are elements such as direct killings; imposing impossible
conditions of life by severe restrictions of food, water, medicines; killing
humanitarian aid workers or driving them out; and continuous ant-Tamil rhetoric
at home and abroad.
[4]
See British Medical Journal, vol. 336, p1482 – 1486 (19 June 2008) (Zaid
Obermeyer, et al.).
[5]
Randeep Ramesh, “Sri Lanka casualty toll rises,” The Guardian, Feb.14, 2009.
[6]
The protection of hospitals and medical care in general is the foundation issue
of the Geneva Conventions, beginning with the Geneva Convention of 1864.
Hospitals and other health facilities of both combatants and civilians “may in
no circumstances be the object of attack.” Geneva Convention I, Art. 1; Geneva
Convention IV, Art. 18. Under current rules, parties to conflicts may establish
safety zones, which then become off-limits for military actions.
[7]
Interview on Skynet, Feb. 3, 2009.
[8]
See ICC, Rome Statute, Articles 7 (1) (b) and 7(2) (b); ICC Elements, Article
7(1) (b).
[9]
See, i.e., Robert Evans, MEP, “Who can protect Tamil civilians,” The
Independent, Feb. 14 2009: “Whilst the Sri Lankans claim that they are merely
trying to eliminate terrorism, the real victims are, as ever, the civilians trapped
by the fighting. All the evidence suggests that unless the international
community acts very soon, about a quarter of a million people could be caught
in a ghastly bloodbath. The Sri Lankan government has urged Tamil civilians to
come over to their side for protection, but there is a strong reticence and
fear of such a move. The Tamil people have seen so much death and destruction.
They are terrified of Sri Lankan troops and their "holding camps",
with all the stories of assaults and rape, not to mention the different
language and religion which divides the Hindu Tamils from the Buddhist
Sinhalese troops.”
[10]
According to United Nations figures, Sri Lanka has one the highest numbers of
disappeared persons, the vast majority of which are Tamils.
[11]
These Tamils are what are called “Eelam” Tamils – Tamils who have lived and
governed themselves in the north and east of Sri Lanka for nearly two thousand
years. There are also Tamils in Sri Lanka who were brought by the British from
India’s Tamil Nadu. Usually referred to as the plantation Tamils, they are not
part of the conflict, although they may sympathize with the Eelam Tamils, as do
the Tamil people in India’s Tamil Nadu.
[12]
At the time of that visit, more than 60 aid workers had been killed in about
one and a half years. the highest in any current conflict.
[13]
A brief summary of some recent actions undertaken by the UK was transmitted by
Andrew Dinsmore MP (Hendon) to one of his constituents, including UK actions
urging a cease fire, and pressing the Sri Lankan authorities on access for
organizations delivering humanitarian relief to be both improved and more
predictable. There has been direct communication by Prime Minister Brown, with
follow up by David Milliband, to President Rajapakse encouraging cooperation
with the ICRC and UN. The UK government is doubling its recent humanitarian
aid, and cooperating with the UN in the Emergency Response Fund.
[14]
The statement was issued by experts Sehaggya (human rights defenders), La Rue
(freedom of expression on opinion, Corcuera Cabezul (involuntary
disappearances), Castrillo (arbitrary detention), Grover (the right to health),
Despouy (the independence of justice), deSchutter (the right to food), Alston
(the right to life), Nowak (torture), and Rolnik (housing).
[15]
The importance of Trincomalee was one of the topics under discussion in the
Adjournment debate of December 18, 2008. The debate is on the UK Parliament’s
webcam. That the Bush Administration was seeking these military bases may be a
reason the Russian Federation has made overtures to the Rajapakse
Administration of late and blocked Security Council attention to the matter.
There apparently is an MOU between the Bush Administration and President
Rajapakse regarding Trincomalee.
[16]
Their aims are identical to those of the Kosovans, who have obtained the
blessing of the United States to secede from Serbia. One wonders, why the
Kosovans and not the Tamils?
[17]
Geneva Convention IV, Art. 33. This is
slightly augmented by Protocol Additional I to the Geneva Conventions, Art. 36:
“Acts or threats of violence the primary purpose of which is to spread terror
among the civilian population are prohibited.”
[18]
Treating persons suspected of being terrorists as being Prisoners of War
(Guantanamo comes to mind) and held under Geneva Convention standards when they
are clearly not captured combatants, for example, is absurd: the “war on
terrorism” is a rhetorical phrase, not a factual one.
[19]
Note that even M.I.A., the Tamil rap star nominated for a Golden Globe and an
Oscar, was attacked by some for being pro-terrorism. A college student in
Canada told me that after the Harper government came to power and “listed” the
LTTE, a professor announced in one of her classes that there was a terrorist in
the room.
[20]
Note that some also raise the “child soldier” issue, which further demonizes of
the Tamil people although the charge is leveled at the LTTE and others.
However, the international minimum age for soldiers as set out in the Geneva
Conventions is 15, and those who raise the issue are using age 18 as the
minimum.
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