TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society and the Warsaw Conference)
www.tchr.net
A Paramilitary leader presented a paper to an Anti-terrorist conference !
What is happening in Sri Lanka since independence 1948 is unethical, unimaginable and unbelievable.
The head of state is invariably a Singhalese and a Buddhist, and rules with the backing of Buddhist monks – he or she does everything to satisfy the numerical majority the Singhalese. In this so-called democratic country, there is no chance for anyone from any other ethnic group to be head of state or even to live equally to their fellow citizens, the Singhalese.
So far only one head of state told this truth openly to the public, including to the international community, “I am not worried about the opinion of the Tamil people. Now we cannot think of them, not about their lives or their opinion. The more you put pressure in the north, the happier the Sinhala people will be here. Really if I starve the Tamils out, the Sinhala people will be happy.” – President J.R. Jeyawardene, Daily Telegraph, UK 11th July 1983
Other heads of state may not have boldly said this, but they have put it into practice. As far as the Singhala Buddhist state is concerned, discrimination of another ethnic group is known as “Patriotism”.
The Tamils who are a Nation, had a Kingdom of their own prior to, and during Colonial rule by the Portuguese, the Dutch and the early part of British rule. When independence was given by the British, the then Tamil leaders thought, unlike Mohammad Ali Jinnah, father of Pakistan, that they could live in peace and harmony with the numerical majority Singhalese. But this proved impossible when the Singhalese obtained majority rule. The violent response by the Singhala rulers to nearly thirty five years of non-violent protest by the Tamils against discrimination, created the conditions for the birth of the Tamil freedom struggle through use of Arms – now in existence for twenty five years with the exception of a few short intervals. This armed struggle is presently portrayed as terrorism to the international community by Sri Lanka.
Patriotism?
When the Japanese suicide mission “Kamikaze” (Divine wind / God wind) was carried out during World War II to attack and destroy enemy targets, it was considered to be “Patriotism” by the Japanese. The then Minister of Finance of Ceylon (Sri Lanka) J. R. Jeyawardena supported the Japanese in the international arena in San Francisco. Four decades later on 23 October 1983, during the Lebanese civil war, the same style of attack was carried out in Beirut to bomb the multinational force in Lebanon. Some Islamic countries indirectly praised this as “patriots” carrying out a holy war.
During world war II, when France was occupied by Germany, the Vichy regime in France collaborated with Nazi Germany, headed by Marshal Philippe Pétain, and branded all the “Resistance movement’s” activities as “Terrorism”. Eventually Philippe Pétain ended up in French modern history as a “Traitor”.
The recent history of world events has proved and taught us that, “one person's terrorist is another person's freedom fighter”.
TCHR has no reservation in supporting the global war against terrorism. It has to be fought without reservation. But as far as Sri Lanka is concerned, what is terrorism?
Is it possible to consider the struggle against undemocratic and aggressive governments, dictatorship and opportunistic politics and the struggle for right to self-determination - as terrorism? If so, what is the response to State terrorism and State-sponsored terrorism?
The abductions, involuntary disappearances, summary executions, mass killings, bombings and destruction of hospitals, schools, religious places, houses, public places, etc - are these not acts of terrorism? Is there any international covenant or convention that permits a State to practice all these activities on innocent civilians? Certainly not. Have any international norms or laws been used to take action against this violating state? Unfortunately not.
First of all, it must be stated that there is no universally accepted definition of terrorism. There are 192 member states in the United Nations and more than a hundred definitions of “Terrorism”. In other words states have their own definitions in order to fulfil their own purposes. But they claim that they all agree on one common ground! What is the common ground? It is to say, that whatever is against a state, is “Terrorism”.
Now-a-days, there are many Anti-Terrorism Conferences taking place around the world, especially hosted by countries which are looking for the support of the international community to justify their aggressive war against the people who are struggling for their right to self-determination.
Last October there was a conference organised by the Sri Lankan government in Colombo. Many respected dignitaries working on terrorism from various countries participated and some presented papers. The noted absentee was Britain - no-one from UK addressed this conference.
The foreign dignitaries gave some valuable information on terrorism. How ever, even though this event was known as the “International Conference on Countering Terrorism”, the government of Sri Lanka used this opportunity to justify their aggressive war against the Tamil people. Documents circulated during this conference clearly show this motive.
On the first day of the conference, 18th October, Keynote speaker Dr. Gerard Chaliand, former Director, European Center for the Study of Conflicts, from France, presented a paper entitled “The Threat Posed by International Terrorist Networks”. He gave an interview to Reuters, in Colombo, on 20th saying that "No way, you can't crush the Tigers. Before them I've seen two others which were outstanding. The Vietnamese, and the EPLF from Eritrea -- they won. (The Tigers) are the third one," Technically speaking they are the most efficient movement at present in the world. You don't crush those guys with the Sri Lankan army, which by the way is not the best in the world."
The government which was yearning for sweet words from foreign dignitaries could not tolerate the remarks by Dr Gerard Chaliand to Reuters. President Mahinda Rajapaksa's brother, Defence Secretary Gotabaya Rajapaksa told Reuters: "I don't agree with that at all. I'm sure we are the best when you talk about counter-terrorism, who else has had to do this? He can't make a comment like that, it's not logical. He doesn't know the ground situation, he is looking from far away." In fact, Gatabaya Rajapasa’s remarks were not the last humiliation of the keynote speaker Dr Gerard Chaliand.
One of the pro-government websites commented the following: “Yes, Gerard, they will be the winners in the hell with you! Now will you tell us how much you were paid by the Wanni terrorists? It can be sometimes Norway or some other who paid you, right? Now without trying to be another clown in Sri Lanka you better get lost! If you compare the Vietnamese to Wanni terrorists, it shows how much you know about the Vietnam War and the ruthless Wanni terrorists. Never think of coming to Sri Lankan ever again!.......” http://www.lankaweb.com/news/items07/211007-2.html
It is the usual practice in Sri Lanka to brand anyone who happens to make an independent comment about the realities in Sri Lanka, as a "Terrorist" or as "helping the terrorists". Gerard Chaliand also become a victim for not speaking in favour of Sinhala chauvinism.
An interesting feature of this conference was that papers were presented by two Tamils who are neither academics nor professionals. One was an unpopular Tamil politician who lost his deposit in many general elections including the most recent one, Mr V Anandasangare, and the other was a “Paramilitary Leader”, Douglas Devananda who is responsible for many abductions, disappearances, killings, etc in the North East, especially in Jaffna – even while he was presenting his paper. It is equal to allowing a butcher to conduct mass in a Church where Bishops and Cardinals are present. Sri Lanka discredited the internationally respected participants by allowing a Paramilitary leader to present a paper to this conference.
In fact when President Rajapakse goes abroad, Douglas Devananda always accompanies him to show the world that the president is with a Tamil. In the most recent trip to the USA, however, Devananda did not go. Only the President Rajapaksa, Douglas Devananda and US Embassy in Colombo know why!
Here we highlight only one sentence from his paper to show how Douglas Devananda and the government of Sri Lanka are lying to the world. The paramilitary leader stated: “To place on record, in the four decades of confrontation, not a single Tamil leader has been murdered by the Sri Lankan security forces.”
Even someone with the most cursory knowledge of the human rights situation in Sri Lanka, will know this to be a blatant falsehood.
It is to be noted that in the last election in 2004, the spoiled votes (21,233) in Jaffna, exceeded the number of votes polled for EPDP Douglas Devananda (18,612). But on the basis of the proportional representative system, the elections officials agreed to give one seat to EPDP as they could not give a seat for spoiled votes. The Tamil National Alliance (TNA) polled 91% of the votes in Jaffna (257,320).
http://www.kadirgamarinstitute.lk/html/pdf/Douglas_Devananda.pdf
http://www.kadirgamarinstitute.lk/html/media_releases.html
Also, a Singhalese chauvinist, a government pied-piper (RG), presented a paper in this conference. In the year 2000, this person along with another pied-piper who poses as a journalist (DR) in one of the racist English language newspapers in Sri Lanka, prepared a hit list of a few Tamils in the diaspora and Western Academics.
These were the few local people allowed by the government of Sri Lanka to present papers to this conference in which many respected high profile dignitaries presented their papers.
A government which smuggled another Paramilitary leader Karuna (Vinayagamoorthi Muralitharan) to London, UK, on a forged Diplomatic passport, on 18 September, hosted the “International Conference on Countering Terrorism” in Colombo! Is the Sri Lanka government qualified to host such a conference, while it is harbouring and supporting the activities of the Paramilitary groups, and its own forces are responsible for kidnapping and mass killings of innocent civilians too? The motive of Karuna’s visit to UK raises suspicion as to whether the government of Sri Lanka is going to expand its Paramilitary activities to Western countries.
It is believed that Karuna managed to smuggle a huge amount of money (believed to be 53 crores Sri lankan ruppees – one crore equal to 10 million) into UK. This money was collected through kidnapping, abducting and killing of innocent people and co-ordinated very well by the government of Sri Lanka. Is this neither Terrorism for Sri Lanka nor for the international community? The assassination of prominent persons like Parliamentarians Joseph Pararajasingham, Ariyanayagam Chandra Nehru, V. Vigneswaran, Academic Vice-chancellor Ravindranathan and Journalists Sivaram and Nadesan are among the killings carried out by Karuna in Sri Lanka.
What is the response of the international community to all these problems in Sri Lanka? When the Tsunami hit Sri Lanka, the NorthEast which was more affected than any other part of Sri Lanka did not receive enough government support nor relief aid. The Non-Governmental Organisations - NGOs, especially the Tamil Rehabiltation Organization – TRO were the ones which provided food, clothing, shelter to the War displaced people as well as to the Tsunami victims in the NorthEast. It is well-known that the Tsunami victims in the North East are not resettled and they are still in temporary houses and fully dependent on TRO’s help. TRO’s humanitarian work is well recorded and valued highly by the International NGOs and VVIPs. This was one of the reasons, that President Kumaratunga could not ignore the service rendered by TRO to the people, and gave them an appreciation award on 22 August 2005.
On 15 November, to everyone’s surprise the TRO funds in US were frozen due to pressure applied by the government of Sri Lanka. We, TCHR, kindly appeal to the US authorities to reconsider their decision on this humanitarian organisation - TRO.
Following the US decision, the Sri Lankan government has also proscribed the TRO in Sri Lanka. This is to satisfy the political demand of the Singhalese extreme Nationalist party, Janatha Vimukthi Peramuna (JVP).
As far as the JVP is concerned, people of any views - whether capitalist, communist, socialist or leftist - are welcomed when they come forward to suppress the Tamil struggle for the right to self determination. On the basis of opportunistic politics, the JVP opposed the 1987 Indo-Sri Lanka Accord and the presence of the Indian Peace Keeping Forces - IPKF in Sri Lanka, and created a turmoil bringing the country to a stand-still in 1988-89. Now on the basis of so-called patriotism, they are happily accepting the multinational military presence (US, Israelis, Pakistanis, Indian and others) in Sri Lanka.
As far as the Ethnic conflict in Sri Lanka is concerned, the international community, especially the US, EU and other Co-chairs are of the opinion that the government of Sri Lanka should not opt for a military solution and that the government should negotiate a peaceful solution with the Liberation Tigers of Tamil Eelam – LTTE. On the other hand, the same countries are supplying copious arms and ammunition to Sri Lanka, while demanding that Sri Lanka accept an international human rights monitoring body.
It is regrettable that the international community, especially the western countries are applying the attitude of “pinching the baby and rocking the cradle”.
It is very unfortunate that only a handful of English, Singhalese and Tamil journalists and media personal are working day and night to tell the truth to the world. But they are being harassed, abducted and killed by the government sponsored terrorists, the “Paramilitaries”.
TCHR strongly condemns the arson attack on the Sunday Leader/Morning Leader printing press on 21 November. As usual, this was also done by a so-called unknown group. This is Sri Lankan-style democracy.
Appeal to Commonwealth
In the last session of the Commonwealth Heads of Government Meeting – CHOGM – in Kampala, Uganda, Pakistan was expelled - mainly because of its declaration of State of emergency. If that is the case, then the Commonwealth has to consider Sri Lanka’s record. Sri Lanka has been in a declared state of emergency for almost entirely thirty five years; also it was found by the UN Working Group on disappearances to be the country with the 2nd highest number of disappearances in the world and furthermore many other violations are taking place, worse than in Pakistan. If the CHOGM is serious in its business - why is there a reluctance to expel Sri Lanka from the Commonwealth?
We kindly request everyone to send an appeal to the Commonwealth Secretary General, urging him to take strong and urgent action on Sri Lanka.
Secretary-General
Mr Don
McKinnon
The Commonwealth Secretariat,
Marlborough House, Pall Mall,
London SW1Y 5HX
UNITED KINGDOM
Fax : +44 (0) 20 7930 0827
HEAD OFFICE:
Tamil Centre for Human Rights - TCHR/CTDH
9, rue des Peupliers - 95140 Garge les Gonesse - FRANCE
Contact person : S. V. Kirubaharan – General Secretary
Tel/Fax: + 33 1 42 67 54 36 - Email: tchrgs@hotmail.com / tchgs@tchr.net
Tamil Centre for Human Rights - TCHR/CTDH
PO Box 182, Manchester M16 8ED, UNITED KINGDOM
Contact person : Deirdre McConnell – Director International Programme
Fax: + 44 161 860 4609 - Email: tchrdip@hotmail.com / tchrdip@tchr.net
Tamil Centrum voor Mensenrechten- TCHR
Stellingmolen 43
1703 TE Heerhugowaard
THE NETHERLANDS
Contact person : I. Chinniah
TCHR-SWITZERLAND
Tamilen Zentrum fur Mensenrechten - TCHR
P. o. Box : 319
8172 – Niederglatt, SWITZERLAND
Contact person : Thambirajah Genegatharan
Email : tchrswitzerland@hotmail.com
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TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society and the Warsaw Conference)
www.tchr.net
Political chief negotiator killed by Sri Lanka Air Force
TCHR is shocked and saddened to hear the news that Political head, Chief negotiator, diplomat, Humanitarian co-ordinator and Brigadier, S P Thamilselvan was killed along with five others in Kilinochchi by the Sri Lankan Air Force, today Friday 2 November 2007.
Thamilselvan was engaged in many political negotiations with the various governments of Sri Lanka over several years, with the unwavering intention of bringing a negotiated political solution to the people in the North East. In the latest negotiations in Thailand, Norway, Germany and Japan he played an important role in giving the views of the people who were severely affected by decades of bloody war.
Thamilselvan was the main co-ordinator of the 2003 proposal to fulfil the political aspirations of the Tamil people – the Interim Self Governing Authority (ISGA) – which was handed over to the Government of Sri Lanka on 30 October 2003. At the same time he called for a discussion with the government. However, even though this ISGA proposal was welcomed by the International community, the government of Sri Lanka rejected it without any discussion whatsoever.
When the ISGA proposal was released during a press conference in Kilinochchi, on 1 November 2003, Tamilselvan said the following :
........."We took up arms as a matter of self-defense and fight against unlawful military occupation of our natural habitat. With the advent of peace and a conducive environment for political negotiations, we are now engaged in this exercise with sincere commitment.
........" We have asked the Royal Norwegian Government to arrange for a meeting at which we can discuss this proposal, in their presence, with the representatives of the GOSL at a mutually convenient time and venue.
"We look forward to continuing our dialogue with the GOSL and to reaching rapid agreement on the creation of an Interim Self-Governing Authority (ISGA) so as to effectively bring normalcy and economic development to the Tamil People in the NorthEast.
"We trust the creation of the ISGA will provide a conducive environment for negotiating towards a peaceful resolution of the conflict in the island."
We hope that the international community would have taken note that the call by Thamilselvan in October 2003, fell on the deaf ears of the Sri Lankan government!
Being the political head and negotiator, Thamilselvan met many diplomats, VIPs, Ministers and others around the world.
His death is a severe blow to all who want a peaceful negotiated political settlement in the island.
We, TCHR, strongly condemn this barbaric act of the government of Sri Lanka – the killing of a tireless peace negotiator. Also we take this opportunity to express our heartfelt condolences to the families of Thamilselvan and the five other persons who were also killed in this incident.
-- Bertrand Russell
HEAD OFFICE:
Tamil Centre for Human Rights - TCHR/CTDH
9, rue des Peupliers - 95140 Garge les Gonesse - FRANCE
Contact person : S. V. Kirubaharan – General Secretary
Tel/Fax: + 33 1 42 67 54 36 - Email: tchrgs@hotmail.com / tchgs@tchr.net
Tamil Centre for Human Rights - TCHR/CTDH
PO Box 182, Manchester M16 8ED, UNITED KINGDOM
Contact person : Deirdre McConnell – Director International Programme
Fax: + 44 161 860 4609 - Email: tchrdip@hotmail.com / tchrdip@tchr.net
Tamil Centrum voor Mensenrechten- TCHR
Stellingmolen 43
1703 TE Heerhugowaard
THE NETHERLANDS
TCHR-SWITZERLAND
Tamilen Zentrum fur Mensenrechten - TCHR
P. o. Box : 319
8172 – Niederglatt, SWITZERLAND
Email : tchrswitzerland@hotmail.com
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TAMIL
CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to
the World Summit on Information Society and the Warsaw Conference)
www.tchr.net
44
Humanitarian workers killed in Sri Lanka since
January 2006
"Any
fool can tell the truth, but it requires a man of some sense to know how to lie
well" -- Samuel Butler
The
recent visit by Sir John Holmes, United Nations Emergency Relief Coordinator
and Under Secretary General of Humanitarian Affairs has created an abnormal
dynamic between the UN and the government of Sri Lanka. This is not the first
time that a controversy like this has arisen between Sri Lanka and the UN or
various other international institutions and VIPs. We can quote several
incidents, including the visits to the island by UN Secretary General Kofi
Annan, UN Special Adviser Allan Rock
and others.
Why
and how are these controversial affairs cropping up? Who is causing these
problems and what are the circumstances? An analysis is required. At the
outset, we would like to point out that the recent statement by Sir John Holmes
and counter statements on behalf of the Sri Lankan government by various
ministers, only refer to aid workers killed since January 2006 and to whether
Sri Lanka is safe for humanitarian workers. The statements do not refer to the
many other attacks on aid workers, local and international NGOs, nor to any
other of the litany of horrendous human rights violations in Sri Lanka!
During his
visit to war-torn Sri Lanka, Sir John Holmes told Reuters in an interview on 8
August 2007: "Aid agencies say 34 humanitarian staff have been killed
in Sri Lanka since January 2006, including 17 local staff of Action Contre La
Faim shot dead in the restive northeast a year ago in a massacre Nordic truce
monitors blamed on security forces. There is a concern ... about the safety of
humanitarian workers themselves and the record here is one of the worst in the
world from that point of view."
Soon
after this was published, Sri Lankan Prime
Minister Mr. Ratnasiri Wickremanayake told
Parliament, "The government of Sri Lanka, in no uncertain terms,
rejects John Holmes' assertion that Sri Lanka is not safe for humanitarian
workers... The government cannot
but feel that Sir John has contributed to those who seek to discredit the
government and tarnish its international image." (BBC-South Asia, 10 August 2007)
Immediately after the Prime Minister's statement, the Sri Lankan Ministry of Foreign Affairs in a
media release on 11 August 2007, asserted that there are damaging
contradictions in statements attributed to Sir John Holmes: "Further,
as to the figure the Reuters report quotes of '34 humanitarian staff' who have
been 'killed in Sri Lanka since January 2006', taking into account the killings
of the 17 ACF workers and of the 2 Red Cross workers, which adds up to
19, it is intriguing how the figure of 34 was
arrived at."
Three days after the media release issued by the Ministry of Foreign
Affairs, Minister and Government Defence spokesman Keheliya
Rambukwella, speaking at a media briefing on 14 August 2007,
said, "The 17 ACF workers, two red cross
members and a worker at the Danish De-mining group were killed. This adds
up to 20. We want to know the
details of the other 14 killings as stated by Holmes. We have written to the Permanent Representative in New
York on this issue". ('Morning
Leader' of 15 August 2007)
To add more fuel to the fire, Chief Government Whip and a Minister, Jeyaraj Fernandopulle, told the briefing in the Sinhala language, "I would say Holmes is completely a terrorist, a terrorist who supports terrorism. We consider people who support terrorists also terrorists. So Holmes, who supports the LTTE (Tamil Tigers), is also a terrorist. This person tries to tarnish the image of Sri Lanka internationally." He added. "I think the LTTE has bribed Holmes." (Reuters, 15 August 2007). The government of Sri Lanka has long used this tactic, to prevent the truth from being voiced by VIPs and international institutions.
On
16 August 2007, UN Secretary General's Spokesperson Michèle Montas
said in the Daily press briefing that, "...There was a statement
made in the press and, you know, giving accusations against Mr. Holmes.
We believe them to be unwarranted and unacceptable. The
Secretary-General fully supports the work of his Emergency Relief Coordinator,
John Holmes. So that’s what I can say at this point
concerning those comments."
(Page
1 of 4)
Undiplomatically,
Jeyaraj Fernandopulle told "The Nation" that, “I don’t give a damn about
what this UN boss has to tell me or Sri Lanka. He can say whatever he wants,
but I will still go by what I said and that is, John Homes is a terrorist who
takes bribes from the LTTE.... I do not care what the UN Secretary General
says. We cannot allow any foreigner to come to our country and work
against us" (The Nation - August 19, 2007)
Yet
the Sri Lankan government expects ALL foreigners to say something good about
its respect for human rights, even at a time when Sri Lanka ranks as the
country with the second highest number of disappearances in the world.
Furthermore, while their security forces and the paramilitaries continue to
abduct, torture, rape and summarily execute people with impunity.
If
Sir John Holmes statement that "34 humanitarian staff have been killed in
Sri Lanka" is an issue, a few observations are pertinent:
(1) The Ministry of Foreign Affairs stated that nineteen (19) humanitarian
staff have been killed in Sri Lanka since January 2006, but
Minister and Government Defence spokesman Keheliya Rambukwella told
the media the figure is twenty (20).
There
is an obvious contradition in figures even among ministers. In fact, the actual
figure of the humanitarian aid workers killed since January 2006 is
forty-four (44). Below, TCHR gives the names of the victims, date of incident
and the organisations they belonged to.
The patterns
and methods of killing in Sri Lanka vary. Ninety-eight percent (98%) of
abductions result in disappearances - the abductors use intensive torture,
which in many cases end in killings - or after a prolonged period of disappearance the victim
is presumed to be dead.
(2) The statements made by the Ministry
of Foreign Affairs and the Minister and Government Defence spokesman require
further analysis. If these authorities accept the fact that aid workers have
been killed in Sri Lanka – what actions have they taken so far, to bring
the perpetrators to justice? What have they done other than justifying the violations
committed by the security forces and paramilitaries?
At this
juncture, it is interesting to note that President Rajapaksa himself, denied
the severity of Sri Lanka's human rights violations and gave empty assurances
of action, in his address to the ILO conference in Geneva on 15 June 2007: "I
want to assure you that our Armed forces and the Police are among the most
disciplined in the world, and they have great respect for human rights. Any
lapses on their part will be promptly investigated and corrective action taken. But I am sad to say that there has been so much of false propaganda
against the Sri Lankan Armed forces and the Police that is being taken so
seriously by the rest of the world."
(3) Minister and Government Defence spokesman Keheliya Rambukwella stated further
in the briefing on 14 August, mentioned earlier: "We suspect that the rest of the killings have been done by the LTTE. We are leveling a direct allegation and this needs explanations." Does
this mean that the Defence spokesman and Minister accepts that all twenty (20
is his figure) aid humanitarian workers, - 17 ACF
workers, 2 Red Cross members and a worker of the Danish De-mining group were
killed by Sri Lankan government forces? If not, how can he say: "We
suspect that the rest of the killings have
been done by the LTTE".
In conclusion, we would like to state
that, whoever wishes to visit Sri Lanka should be prepared to release only
statements ignoring the government's horrendous human rights record. If anyone
happens to make an independent comment about the realities in Sri Lanka, they
will be branded as a "Terrorist" or as "helping the
terrorists". Louise Arbour, the UN High Commissioner for Human
Rights who intends to visit Sri Lanka in October should be prepared either to
go along with the government or to face condemnation.
We predict that nothing will take place against Sri Lanka during the forthcoming session of the Human Rights Council. The pending visit by the High Commissioner for Human Rights to Sri Lanka, will be used as a pretext to prevent any action against Sri Lanka. This is how the government has managed for a year - using the Imminent Persons Group.
HEAD OFFICE:
Tamil Centre for Human Rights - TCHR/CTDH
9, rue des
Peupliers - 95140 Garge les Gonesse - FRANCE
Contact person : S. V.
Kirubaharan – General Secretary
Tel/Fax: + 33 1 42 67 54 36 - Email: tchrgs@hotmail.com / tchgs@tchr.net
Tamil Centre for Human Rights - TCHR/CTDH
PO Box 182, Manchester M16 8ED, UNITED KINGDOM
Contact
person : Deirdre
McConnell – Director International Programme
Fax: + 44 161
860 4609 - Email: tchrdip@hotmail.com / tchrdip@tchr.net (Page
2 of 4)
TAMIL CENTRE FOR
HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES
DROITS DE L'HOMME
(Established in 1990)
44 Humanitarian staff killed in Sri Lanka since January
2006
(Listed by organisations in
alphabetical order)
Action Contre La
Faim (ACF) – 4 August 2006
1 - Mr. Primus Anandarajah (Assistant Promotion Manager)
2 - Mr. Matahavarasa Ketheeswaran (Supervisor)
3 - Mr.
G. Sreethraran (Advanced
Field-Officer)
4 - Mr.
Narmathan (Field
officer)
5 - Mr.
R. Arulraj (Field
officer)
6 - Mr.
P.Pratheeban (Field
officer)
7 - Mr.
M. Rishikeshan (Field
officer)
8 - Mr. Y
Kodeeswaran (Field
officer)
9 - Ms.
K.Kovarthani (Hygiene
Promotion Officer)
10 - Ms. S.Romila (Hygiene
Promotion Officer)
11 - Ms.
V.Kokilavathani (Hygiene
Promotion Officer)
12 - Ms. G. Kavitha (Hygiene
Promotion Officer)
13 - Mr. S.
Ganesh (Age
54, Driver ), (Father of G. Kavitha)
14 - Mr.
Abdul Latif Mohamed Jauffer
15 - Mr. A.
Jaseelan
16 - Mr. K. Koneshwaran (Driver
)
17 - Mr.
Muraleetharan (Driver)
Danish Refugee
Council (DRC), Danish De-mining Group – DDG
18 - Mr. Arumainayagam Alloysius - 23 July 2007
19- Mr.
Sivarasa Vimalarasa -
19 June 2007
20- Mr.
Thambiah Tharmasiri -
11 January 2006
21- Mr.
Narayanamoorthy Kandeepan -
11 January 2006
Halo Trust
– a non-governmental de-mining organisation
22 - Mr. Nagarasa Narenthiran -
9 February 2007
23- Mr.
C. Rajendran, -
9 January 2007
24- Mr.
Subramaniam Parameswaran -
4 January 2007
25- Mr.
Gunaratnam Logithas -
4 February 2006
26- Mr. Charles Huston Ravindran -
15 November 2006
Housing
development for tsunami victims, funded by FORUT – 8 July 2006
27 - Mr. Rasiah Muraleeswaran
28 - Mr.
Pathmanathan Shanmugaratnam
29 - Mr.
Selvendra Pradeepkumar
(Page 3 of
4)
TAMIL CENTRE FOR
HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES
DROITS DE L'HOMME
(Established in 1990)
International Committee of the
Red Cross (ICRC) – 1 June 2007
30 - Mr. Sinnarajah Shanmuganathan
31 - Mr. Karthigesu Chandramohan
32 - Mr. Mohamed Zavahir Mohamed Rizvi
33 - Jeyaruban
Gnanapragasam
34 - Nagarasa
Thavaranjitham
Tamil Rehabilitation Organisation (TRO)
35 - Mr.
Kasinathar Ganeshalingam 29
Jan. 2006 Director
36 - Mr.
Thangarasa Karthirkamar 29
Jan. 2006 Driver
37 - Ms
Thanushkodi Premini 30
Jan. 2006 Chief
Accountant
38 - Mr.
Thamiraja Vasantharajan 30
Jan. 2006 Accountant
39 - Mr.
Shanmuganathan Sujendran 30
Jan. 2006 Accountant
40 - Mr.
Kailyapillai Ravinthiran 30
Jan. 2006 Accountant
41 - Mr.
Arunesara Satheeskaran 30
Jan. 2006 Accountant
42 - Mr. Krishnapillai Kamalanathan 02
July 2006 Humanitarian worker
43 - Mr.
Muthuraja Aruleswaran 24 March 2007 Emergency
Assitance worker
UN agency UNOPS in Amparai – 24 August 2006
44 - Mr. P. Jestly Julian
World Bank
assisted North East Irrigated Agriculture Project (NEIAP) – 26 May 2006
45 - Mr. Ratnam Ratnarajah Deputy Project Director (DPD)
46
- Mr
Ragunathan Ramalingam Field
worker
At least 22 NGO workers killed
between April 2006 and September 2006
says a humanitarian worker
...............So today we had to start
looking at all the proposals and projects he was handling to see what needs to
be done and how we can cover his work - and it's almost impossible to get any
staff to work here as they only offer local level salaries when the NGOs are
paying much better - supply and demand works in the NGO sector as much as
anywhere else and there is a shortage of experienced and skilled humanitarian
workers - especially when working in the North and East now involves
considerable risk - a local staff member of World Concern was shot yesterday on
his way to work. As far as I can work out that brings the death toll
to at least 22 NGO workers killed in Sri Lanka since
April this year and many others have been picked up and
disappeared. (Excerpt –
"Acting up in Sri Lanka" - 13 September
2006) http://nightingalesangatwcc.typepad.com/srilanka/2006/09/index.html
(Page
4 of 4)
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TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society and the Warsaw Conference)
www.tchr.net
Sri Lanka’s International lobby - unprofessional and undiplomatic !
Recent history has taught us that any struggle for political equality or independence and any struggle against oppression or for revolution, has several actors:- patriots, supporters, sympathisers, freedom fighters, terrorists, traitors, mercenaries, quisling group etc. Also history has proved that all these actors are state-created. Some are even created specifically to intimidate and discredit particular personalities and organisations. In practice there are patriots and freedom fighters who have been labelled “terrorists”. Those “terrorists” have become Nobel prize-winners and state leaders.
When the Tamil struggle, in exercise of the right to self-determination, is compared with other recent independence struggles, there are many similarities and a few different features. It is undeniable that the aggressive responses by the government of Sri Lanka to thirty-five years of non-violent struggle by the Tamils gave birth to the armed struggle. There is extensive evidence that for the last fifteen years there has been a de facto government for the Tamils with important socio-economic infrastructures. Also trained professional and disciplined forces are in place, (Police, Army, Navy and Air Force) with identified uniforms. Refer to Protocol Additional to the Geneva Conventions -Protection of Victims of International Armed Conflicts (Protocol 1), Section II. -Combatant and prisoner-of-war status, Article 43. -Armed forces to Article 47 and Protocol Additional to the Geneva Conventions, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
According to the records of the UN and International NGOs, Sri Lanka is one of the worst human rights violators in the world. This year, the UN Working Group on disappearances ranked Sri Lanka as the country with the second highest number of "involuntary disappearances" in the world. Numbers of arrests, summary executions and displacements of people as well as incidents of torture and rape have also reached a peak.
Dismayed by this deteriorating human rights situation in Sri Lanka, the International community wanted to bring Sri Lanka under international scrutiny. Below we give a few examples, of how the Sri Lankan government blocked every action of the International community and every step towards a negotiated settlement in Sri Lanka.
(1) Last October, the European Union tabled a draft resolution to the UN Human Rights Council. But until today it has never been discussed in the council. Presently the violations have increased by five times since last October. Due to Sri Lanka’s hard lobbying, the draft resolution has been left aside.
(2) Last year, the UN High Commissioner for Human Rights Louise Arbour, requested Sri Lanka to accept an "International human rights monitoring body" on the island. This proposal was strongly supported by many countries, INGOs and members of civil society. However Sri Lanka obdurately rejected this idea.
(3) Preventing the Norwegian peace facilitators from travelling to Killinochchi to meet with the partners to the present Ceasefire Agreement, the Liberation Tigers of Tamil Eelam – LTTE,
(4) Stopping of aid workers and the Sri Lankan Monitoring Mission (Cease-fire monitors) from travelling between the LTTE controlled areas and the Government areas; refusing to open the only supply route, A9 road to Jaffna (contrary to the agreements made in the Geneva negotiations); and withdrawal of the Red Cross from the checkpoints between the LTTE controlled areas and the Government areas.
In reality, the government of Sri Lanka is sweeping the skeletons under the carpet and calling for international help to fight “terrorism” in Sri Lanka. However, through their unprofessional methods, they have achieved more than they expected from the International community. At the initial stage when countries were reluctant to accept the call by Sri Lanka to ban the LTTE, the then President and her Minister of Foreign Affairs, threatened to cut ties with those governments. "Kumaratunga said it would strain bilateral relations if Britain failed to oblige and Kadirgamar warned that his country would consider it an unfriendly act."
http://english.people.com.cn/english/200103/02/eng20010302_63868.html
However, as soon as the LTTE was banned in the United Kingdom on 28 February 2001, the government of Sri Lanka and the Southern politicians praised and thanked the UK for agreeing with them. Below we give a few comments by the Southern politicians.
"The government has decided to send Foreign Minister Kadirgamar over the coming weekend to London with a message to thank the British government for its decision".
The President of the Sinhala
Jathika Sangamaya S.L. Gunasekera expressed delight at the decision and
hoped that other European countries will follow the example.
The spokesman for the JVP or People's Liberation Front Wimal Weerawansa also expressed his party's approval at the British gesture and General Secretary of the Sinhala Urumaya (Heritage) Thilak Karunaratne said that his party was elated by the decision.
The Leader of the Inter
religious Alliance, Venerable Kumburugamuwe Vajira Thera said the country was indebted to
Foreign Minister Kadirgamar for his untiring efforts to win the battle. http://english.people.com.cn/english/200103/02/eng20010302_63868.html
However, Western countries that were continuously observing the ground realities in Sri Lanka, have gradually started to pressurise the government regarding their appalling human rights record.
As a result, Germany followed by the UK and USA, reduced its aid to Sri Lanka. The EU issued warnings about future aid. Sri Lanka became agitated by the International community’s responses and repeated its usual doctrine, objecting to "interference in its internal affairs". When Sri Lanka wanted the LTTE to be banned by other countries, however, it considered that it was the responsibility of the international community and that it was not an "interference" in their internal affairs!
On 2nd May 2007, British parliamentarians held a debate for about four hours, uniquely on Sri Lanka and it was announced that they “established the House’s first ever all-party Tamil group on 30 April". The aim of this is to contribute towards a peaceful negotiated settlement in Sri Lanka. To take this issue forward, three basic steps that had been agreed, were announced in the House of Commons. (1) At the end of September a delegation of all party members should visit Sri Lanka, particularly areas under the control of the Tamil Tigers, to engage in a dialogue in a positive and constructive way. (2) To invite the chief negotiator for the Tamil Tigers to visit the United Kingdom and to come to Parliament so that they could hear his views on what is happening. (3) To hold a summit meeting in July at which all the various parties could participate as a means of exploring how to take the issue further forward.
During this debate the staff of the Sri Lankan High Commission in London were present in the observer gallery and the debate was promptly reported to Colombo. This gave a golden opportunity for the British parliamentarians and the International Community to see the reactions and true colours of the Southern politicians in Sri Lanka.
Here we give a few comments that appeared in the Colombo Daily News and the Sunday Observer – 13 May 2007:
“Foreign Affairs Minister Rohitha Bogollagama yesterday assured the Parliament that not even a semblance of foreign interference in the internal affairs of the country will be allowed under President Mahinda Rajapaksa's administration”. (Daily News – 9 May 2007)
Jathika Hela Urumaya MP Ven. Athuraliye Rathana Thera outrightly condemned the adjournment debate in the British House of Commons on Sri Lanka's internal problems and said that Britain has no moral right to discuss human rights in Sri Lanka. “I have a strange feeling that the British Government is trying to dictate terms to us and we should take no notice of them."
President of the Sri Lanka Deshabimani Peramuna, Ven. Elle Gunawansa Thera was very unhappy over the behaviour of certain British Parliamentarians in the House of Commons. He vehemently condemned the move by them to appoint an All Party Parliamentary Group (APPG) to discuss the domestic issues in Sri Lanka.
The Patriotic National Movement (PNM), Chairman Dr. Gunadasa Amarasekara warned that the country is faced with a huge threat from imperialists as never before, and appealed to the House of Common not to interfere.
Propaganda Secretary of the Janatha Vimukthi Peramuna (JVP) Wimal Weerawansa was totally opposed to the British Government's stand with regard to our ethnic issue.
At present Sri Lanka maintains three unscrupulous steps in its international lobby :
(1) The dictating of terms – “You listen to us but we won’t listen to you”
(2) Threats – “If you are not with us we will brand and intimidate you either as LTTE sympathiser or a terrorist supporter”.
(3) "At any cost" - There is a Tamil proverb that, "I don’t mind losing my nose, as long as it brings bad omen to my enemy"
Dr Dayan Jayatillake (Representative of Sri Lanka in the UN, Geneva), said in a right of reply, “................Exception was taken to the tone and attitude taken in at least three of the submissions that morning by two non-governmental organizations, and by the representative of Sweden. Sri Lanka was committed to remaining constructively engaged with the United Nations mechanisms and the international community as a whole, but wished to emphasise that it would not be prodded, pushed or intimidated in any way into accepting any measures or institutions that as a sovereign democracy it did not see fit to accept. If certain steps were to be taken, they would have to be taken in concert with the Government of Sri Lanka". (Excerpt, Press release of the UN Human Rights Council – 21 March 2007)
In a debate on Sri Lanka in the British parliament (House of Commons) on 2 May 2007, Mr. Edward Davey (MP for Kingston and Surbiton) said, "......... I have also seen colleagues challenged. ..................... has been labelled an LTTE sympathiser and supporter simply because, like hon. Members, he wanted to speak out about human rights abuses in Sri Lanka. I believe that the Sri Lankan authorities, possibly through their representatives in this country, are trying to prevent people from speaking out—to prevent freedom of speech. We must convey a message that we will debate such issues in this country, that that is our democratic right, and that the Sri Lankan authorities should accept it and not try to intimidate people who speak out by trying to label them LTTE sympathisers or terrorists. I hope that the Government will make the point that that is unacceptable in their discussions with Sri Lankan representatives in this country. I intend to do that when I meet the Sri Lankan high commissioner, as I shall shortly". (Excerpt)
As Sri Lanka has begun to face continued frustrations, the Sri Lankan embassies in foreign countries have as usual been spreading misinformation in an unprofessional and undiplomatic manner - attacking the Tamil diaspora and taking the national law of other countries into their hands. What was supposed to be done by local law enforcement agencies or by the “Interpol” was done under the deliberate glare of publicity, by the Sri Lankan embassies themselves. This demonstrates the ferocity with which such affairs are conducted. Two good examples of this are fabricated stories about the recent credit card fraud in UK and the matter of 130,000 stolen Norwegian passports! On 24 April 07, it was the Sri Lankan mission in London which released a story about the credit card fraud in UK - surprisingly, it was given immediate and widespread publicity by well known media. In the same manner, on 19 May 07, the story of 130,00 stolen Norwegian passports was released by the Sri Lankan Ambassador in Washington and publicised by media in Washington and subsequently in other countries. Humberside police in the UK, clearly stated however that “Our evidence does not suggest that there is a definite link with Sri Lankan gangs.” Regarding the passport matter, the Norwegian Ministry of Foreign Affairs released a press release on 22 May 07 stating that "................These allegations are drawing links between unrelated matters and have no basis in reality. The Norwegian Ministry of Foreign Affairs would therefore like to clarify the facts".
Members of Civil Society would like to know from the media who gave widespread and high profile publicity to these unverified news items whether they would accept news items released, presumably with an idea of discrediting pro-democratic Zimbabweans, by Zimbabwean embassies in foreign countries? If true journalistic traditions exist in these media, the Tamil diaspora is amply qualified to receive a direct and open apology. Anything less, is to concede that individual journalism and its friendships stand strongly together in the name of corruption!
Furthermore, while the visits of some democratically elected Tamil parliamentarians to Western countries have been unofficially refused; those who lost in elections and who still cause many abductions and arbitrary killings of innocent civilians in Sri Lanka are being allowed to meet many VIPs around the world. Sri Lankan embassies in foreign countries are fully behind these rendezvous.
Douglas Devananda, whose armed group (EPDP) has caused abductions and killings, is able to meet VIPs in USA, India and Europe. Mr Ananthasangari who lost his deposit in many general elections is freely meeting VIPs around the world. Are those VIPs aware of the background of the people whom they are meeting?
In an interview Ananthasangari himself said "...............But I polled 1,000 odd votes and lost my deposit by one vote. So, that was in the headlines, that ‘LSSP candidate lost deposit by one vote."(excerpts "Lines" February 2004) http://www.lines-magazine.org/Art_Feb04/Ananthasangari.htm
However, their most recent meeting with South African VIPs was, unexpectedly, the most positive help rendered to the Tamils by Mahinda Rajapaksa since he became President.
One of South Africa’s veteran politicians has stated that he had met many Sri Lankan Tamils in the past who had explained why the Tamils are fighting for their right to self-determination. But he was convinced only after meeting Douglas Devananda and Anandasangari it seems. He says that these two personalities are identical to some Blacks who collaborated with Whites during the Apartheid regime. He further said that the speeches, documents and reports distributed by Douglas and Anandasangari are similar to ones produced in the past by those Black collaborators. Eventually the deceptive influence of the documents and individuals melted away because of the power of the genuine struggle of the people.
Promoting the very terror it is fighting against.
"………..Firstly, I am mindful that this government is increasingly becoming and promoting the very terror it is fighting against. We have today an elected government that incites hatred, threatens free media and is viciously opposed to the articulation of viewpoints contrary to its beliefs and actions – openly and with total impunity. ............ " (excerpt, "Daily Mirror", 23 May 2007 - By Sanjana Hattotuwa)
HEAD OFFICE:
Tamil Centre for Human Rights - TCHR/CTDH
9, rue des Peupliers - 95140 Garge les Gonesse - FRANCE
Contact person : S. V. Kirubaharan – General Secretary
Tel/Fax: + 33 1 42 67 54 36 - Email: tchrgs@hotmail.com / tchgs@tchr.net
Tamil Centre for Human Rights - TCHR/CTDH
PO Box 182, Manchester M16 8ED, UNITED KINGDOM
Contact person : Deirdre McConnell – Director International Programme
Fax: + 44 161 860 4609 - Email: tchrdip@hotmail.com / tchrdip@tchr.net
Tamil Centrum voor Mensenrechten- TCHR
Stellingmolen 43
1703 TE Heerhugowaard, THE NETHERLANDS
Contact person : Indiran Chinniah
Fax
: + 31 - 72 - 57 15 801
Email : tchrholland@hotmail.com
TCHR-SWITZERLAND
Tamilen Zentrum fur Mensenrechten - TCHR
P. o. Box : 319
8172 – Niederglatt, SWITZERLAND
Contact person : Thambirajah Genegatharan
Email : tchrswitzerland@hotmail.com
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TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society and the Warsaw Conference)
www.tchr.net
Ref : DG032/PR/2007 7 February 2007
"Eminent Persons" be cautious in your dealing with Sri Lanka!
Former Indian Chief Justice P.N. Bhagwati's name
was used by Sri Lanka, in a conference in Poland
During the last (3rd) session of the UN Human Rights Council (HRC) in Geneva, Sri Lanka voted in favour of many decisions and resolutions concerning countries where there are conflicts like Sudan (Darfur), Occupied Syrian Golan and Israeli settlements in the Occupied Palestinian Territory. Some of those decisions and resolutions where Sri Lanka voted in favour, are given below :
The draft decision (A/HRC/2/L.44) on Darfur, "………calls on all parties to put an immediate end to the ongoing violations of human rights and international humanitarian law, with a special focus on vulnerable groups, including women and children, while not hindering the return of all internally displaced persons to their homes……………"
The resolution (A/HRC/C/L.5/Rev.1) on human rights in the occupied Syrian Golan, "…….. calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their property………….."
The resolution on (A/HRC/2/L.12) Israeli settlements in the Occupied Palestinian Territory including East Jerusalem and in occupied Syrian Golan, "……express(es) its grave concern at : The continuing Israeli settlement and related activities, in violation of international law, including the expansion of settlements, the expropriation of land, the demolition of houses, the confiscation and destruction of property, the expulsion of Palestinians and the construction of bypass roads, which change the physical character and demographic composition of the occupied territories, including East Jerusalem and the Syrian Golan and constitute a violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, …………."
If Sri Lanka could vote in favour of these resolutions and decisions, why the avoidance when it comes to human rights violations in Sri Lanka? Why drag out the matter? Why prevent discussion on a draft decision (AH/HRC/2/L.37) submitted by the European Union in the Human Rights Council on 3 October 2006. Sri Lankan must understand that "Charity begins at home".
As far as the members of Civil Society are concerned, this draft decision is extremely mild, when seen in the context of the present situation in Sri Lanka. According to the draft decision, "The HRC expresses its concern at the recent escalation of violence, calls for the respect of human rights and calls upon all parties to put an immediate end to the violations of humanitarian law. Also it invites, the Office of the UN High Commissioner for Human Rights to consider strengthening its presence in Sri Lanka and to report on these efforts at the council."
In addition the draft decision says, "The Council also invites the Group of Eminent Persons to update it on its activities at that session"!
Presumably, this wording was deliberately inserted by one of the member countries in the EU, giving an opportunity for the Sri Lankan government to have their own group of Eminent Persons! Even so, the Sri Lankan representatives in the HRC lobbied very hard and prevented this draft decision from being taken up for discussion in the second and the third sessions of the Human Rights Council. It was postponed to the 4th session which will commence on 12 March 2007.
Now as Sri Lanka is ready to form its, "International Independent Group of Eminent Persons (IIGEP)", there is no chance for this draft decision to come up for discussion, even in the 4th session. The Sri Lanka representatives are in process of preparing a letter to inform the HRC, that there is an International Independent Group of Eminent Persons which will supervise the investigations. Therefore they need time.
One has to analyse, why a country which has voted in favour of resolutions on almost the same situation in other countries is avoiding the same mechanism being applied to itself? This is how Sri Lanka is openly informing the International Community, that they want neither United Nations mechanisms to be applied in their country nor the international community to take action on the ethnic conflict. Why? Eritrea, East-Timor, Montenegro and Kosovo have taught them a lesson.
"Eminent Persons" be cautious in your dealing with Sri Lanka!
Here we would like to quote a good example to inform the eminent persons, how the Sri Lankan government is using their names.
Last year, 8-9 November, TCHR representatives attended the "UN Conference on Anti-Corruption Measures, Good Governance & Human Rights" in Warsaw, Poland. In this conference, the Sri Lankan representative, Assistant Secretary to the Ministry of Justice from Colombo, Mr Arandara Dimal Dasanga, along with the Sri Lankan Ambassador in Poland, announced that former Indian Chief Justice P.N. Bhagwati has been appointed as the head of the international eminent group which is going to oversee the investigations of the Presidential Commission of Inquiry into recent allegations of serious violations of human rights in Sri Lanka. (This could be verified in the conference proceedings and from participants thereof).
But to our surprise, on 27 November – the IANS News agency from Delhi published an interview with Mr Bhagwati, "Former Indian Chief Justice P.N. Bhagwati says he will head a global body of jurists to oversee investigations into human rights violations in the island nation only if he gets a free hand. Bhagwati, who the Sri Lankan government has approached for the job, said he had not heard from Colombo recently but was willing to take up the challenging assignment".
Also Mr Bhagwati said, "I have agreed in principle to head the international body but I said that those placed under me must receive my approval. Also, there should be no interference in my activity," If there is interference, I will throw it off. I have got my reputation to keep and also my conscience. If I see any wrong, I will be the first person to say so."
The problem is that, firstly, the Sri Lankan government has already started selling the name of an eminent person. The announcement by the Sri Lankan representative was on the 9th November and Mr Bhagwati gave the interview to the IANS on the 27th November.
Therefore the group of Eminent Persons should be cautious regarding their professional credibility, when they get involved in Sri Lankan affairs. Sri Lanka is waiting to use their names for propaganda in international forums.
Secondly, it has been made clear that Sri Lanka is looking for eminent persons who will obey their orders and allow government interference! That is why there has been a three-month process for the selection of Eminent persons.
Thirdly, the Eminent persons should not ignore what happened to Canadian ambassador Allan Rock, who undertook on a UN mission to Sri Lanka; Norwegian main mediator Erik Solheim; World Bank, Chief Peter Harrold and Heads of Sri Lanka Monitoring Mission – SLMM, since 2002 – Major General (retired) Trond Furuhovde, Major General (Retd.) Tryggve Tellefsen, Mr Hagrup Haukland, Major General Ulf Henricsson, Major General Lars Johan Solvberg and other members of the SLMM. Because they spoke about the true situation and realities in Sri Lanka, they were all branded as LTTE supporters. What is obviously expected by the Sri Lankan government is that whether it is right or wrong, everyone must say something positive about the human rights record of Sri Lanka. Otherwise, the same references will be made to them, as to the aforementioned persons, in this paragraph.
If the government of Sri Lanka is willing to permit the eminent persons to work in a free and fair way, then why have a SELECTION on the eminent persons already recommended by various international human rights organs and institutions? TCHR is well aware that many eminent persons recommended by certain institutions have not been approached by the Government of Sri Lanka, out of the fear that if these eminent persons did not become their puppets, it would earn Sri Lanka, a bad reputation.
The members of civil society do not understand the logic of the Sri Lanka government on the idea of a group of eminent persons. After all, Sri Lanka voted in favour of decisions and resolutions regarding similar situations. It is not too late for Sri Lanka to know that "Charity begins at home".
----------------
TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society and the Warsaw Conference)
Ref : CD025/PR/2007 24 January 2007
North East de-merger could be lodged in the World Courts
The bloody conflict in the island of Sri Lanka is an ongoing agony. Since independence from the British (1948), the reluctance of successive Sri Lankan governments to accept the political rights of Tamils, set in motion 35 years of non-violent struggle. As this non-violent struggle was continuously suppressed by the security forces, militancy and armed struggle were born. This eventually led to a conventional war between the Tamil national liberation movement, the Liberation Tigers of Tamil Eelam – LTTE and the Sri Lankan security forces.
When one analyses the political scenario and the realities in this island - it is evident that since independence, the legislation passed by the Sri Lankan parliament was always in favour of the numerical majority - the Singhalese. Also, five well- documented racial or communal riots are proof of the agenda of "Ethnic cleansing". However the Tamils NEVER EVER retaliated violently against the Sinhala mobs who carried out those racial attacks. Unequivocal evidence proved that those riots were instigated and bolstered by the security forces and the Sinhala politicians. It is blatantly clear that ethnic cleansing in Sri Lanka has been to some hideous extent successful. Today, there are about 500,000 Tamils from the North East in Western countries and 153,000 are in neighbouring India, (103,000 housed in refugee camps and another 50,000 live with relatives or on their own - permitted under Indian laws so long as they register with local police.). In the mean time there are more than 500,000 internally displaced people in the North East. It is obvious that since independence the Tamil population has been drastically reduced.
It is not widely known to the outside world that the Tamil national liberation movement, the LTTE, was born only in the 70s and commenced its resistance towards the end of 1983. Until this period there had been no defensive measures taken by the Tamils.
During the five communal riots – thousands of Tamils were killed, billions worth of wealth was looted and properties were burned down by the Sinhala mobs and the Tamils living outside the North East were transported to the Tamil hereditary land - the North East, for their safety. However the North East is no exception to this well-planned ethnic cleansing. Sinhala colonisation is in progress there. (Refer to Colonisation report of the TCHR – http://www.tchr.net/colanization.htm)
Even though the Tamil resistance had its repercussions - unlike the outcome of those five riots, they were able to defend their hereditary land and have eventually established a de-facto government with responsible systems and structures. In the 1977 general elections, the people in the North East overwhelmingly voted for their right to self-determination. But this democratic mandate of the Tamil people, was deliberately ignored by the Sri Lankan government.
Sri Lankan governments have failed to negotiate a peaceful political settlement to the Ethnic issue, and have continued to maintain a policy of violent suppression. Due to the extent of the failures and the lack of success in military operations - the Sri Lankan government changed its strategy. They made use of the International community to support their ethnic cleansing and genocidal policies. Sri Lankan missions in Western countries started to supply fabricated and exaggerated information on the ethnic issues, to the International community. Some countries went to the extent of banning the LTTE. Also a few countries supplied modern weapons to Sri Lanka.
But all this has changed to a certain extent in recent years, especially after Mahinda Rajapaksa became President. The international community which observed the dictatorial and genocidal policy of Sri Lanka, started to raise their concerns. For example, in the last session of the UN Human Rights Council – seven countries, the UN High Commissioner of Human Rights and many International Human Rights NGOs expressed their disquiet.
This expression of deep concern by the international community, alarmed Sri Lanka and their think tank changed its strategy. They advised the government to instigate local judicial processes on matters regarding the recognition of the Tamils and their hereditary land. This motivated various Sinhala political parties and Lawyers to file cases in the Supreme Court.
From time to time, the Sri Lankan judiciary staged its political dramas to serve the needs of the government. It is well known that the judicial system in Sri Lanka is biased and it is the mouth piece of the government. More than 95% of the judges of the Supreme Court are Singhalese, planted in this top organ of the judiciary and known for their one-sided views.
The judgement of the Supreme Court in 2005, on the illegally erected statue of Buddha in the Eastern town of Trincomalee is a perfect example of this. It clearly shows ethnic bias. Then a case was filed against the Tsunami agreement – PTOMS, which aimed to ensure equal distribution of Tsunami aid to the worst affected North East. This case too, received a biased judgement from the Supreme Court. Both cases denied justice to the Tamils.
After the successful staging of these two dramas by the Supreme Court, the case on the de-merger of the North East was filed by the same petitioners who had filed the case on the PTOMS.
For more than a few millennia, predominantly Tamils have lived in the North and East – their hereditary land. The merger of the North Eastern province took place on 8 September 1988, under an international agreement, signed between India and Sri Lanka on 29 July 1987. Under this agreement, the North and East were merged by a special decree of the Executive President of Sri Lanka. The Sri Lankan constitution does not require any parliamentary endorsement to any decision made by the Executive President.
Eighteen years after this merger, after preparing the ground for this case to be heard in the Supreme Court - last year the demand for the de-merging of these two provinces was filed. The Supreme Court delivered its "political decision" on this case on 16 October 2006, stating that the merger of these two provinces by the then President was invalid. The current President is deafeningly silent about the judgement of the Supreme Court.
Of course, the International community including India was not happy about this decision. As usual, some Sinhala politicians and a few Ministers expressed their displeasure. This is to balance the outcry of the international community.
The late J. R. Jeyawardena who introduced the Executive Presidency, once said that there is only one thing the Executive President in Sri Lanka cannot do - "it is unable to convert a man as woman and vice versa". The powers of the Executive President in Sri Lanka are so wide that he or she can settle affairs and implement decisions without depending on any parliamentary majority or any other legislation. But here the man with Executive powers is silent on the question about the de-merging of the North East.
The Indo-Sri Lankan accord may have its failures, but it is a significant international treaty signed between states. Some important clauses in this accord were implemented with much bloodshed and loss of life. In such a situation, is it possible to accept a de-merger through a biased political decision in the name of a judgement of the Supreme Court? In this case, as in the other cases, the Supreme Court bench comprised only Sinhala judges, patently ignoring the ethnic dimension and the proportions of the case.
If this judgement is acceptable to the people and the Executive President of Sri Lanka, then what would happen if some political party in India, challenged in the Indian courts that the Indian authority is under obligation to demand that the Sri Lankan government returns the Arms which were surrendered by the LTTE, under the Indo-Sri Lanka accord?
Also what would happen if a Political party in India challenged in the Indian Supreme court, the pact signed by Indira Gandhi in 1974 on "Kachchathivu", stating that it is null and void and the island (Kachchathivu) should be returned to India? "Kachchathivu" is an island between India and Sri Lanka which was handed over to Sri Lanka during Indira Gandhi's premiership. This is still a burning issue in Tamil Nadhu. The people of Tamil Nadhu never agreed that this island be handed over to Sri Lanka.
All these relevant facts, may lead to international friction, and could endanger the maintenance of international peace and security in this region. Therefore, the Indian authorities could report this breach of International agreement to the United Nations Security Council - under Chapter VI of the UN Charter, articles 34, 35 and 36. If the Indian authorities could make this complaint to the United Nations Security Council, eventually this complaint would lead to a hearing in the International Court of Justice – ICJ (Hague), which is also known as the World Courts.
Peace-loving citizens of this world should appeal to India requesting that the matter be reported to the United Nations Security Council.
Now it is apparent to the International Community that the Tamils will never get any political rights or justice regarding the systematic human rights violations that they have been undergoing for decades. The Sri Lankan security forces enjoy maximum impunity. There is not a single case where the judgement has been based on law which meets the minimum international human rights standards, rather than ethnic identity. Even in the few cases where security personnel were found guilty in the High court, judgements have been reversed by Sinhala judges in the Supreme Court. Anything good for the Tamils has no place either in Parliament or in the Courts. We could quote hundreds of well documented examples.
Reflecting on the way in which the Sri Lankan judiciary is staging dramas, we presume that the next pending case to be filed in the Supreme Court will be that "the Tamil people have no claim to this island". As soon as this case is filed, they will have a positive political decision in the name of judgement from the Supreme Court. Then ALL THE TAMILS in the Island, irrespective of whether they are Ministers or lobbyists – and mercenaries too, will be compelled to become Singhalese. Then it will simply be a matter of changing the last letter of their names, which mostly end in "N", "M" and "H" to "A" and "E".
HEAD OFFICE:
Tamil Centre for Human Rights - TCHR/CTDH
9, rue des Peupliers - 95140 Garge les Gonesse - FRANCE
Contact person : S. V. Kirubaharan – General Secretary
Tel/Fax: + 33 1 42 67 54 36 - Email: tchrgs@hotmail.com / tchgs@tchr.net
Tamil Centre for Human Rights - TCHR/CTDH
PO Box 182, Manchester M16 8ED, UNITED KINGDOM
Contact person : Deirdre McConnell – Director International Programme
Fax: + 44 161 860 4609 - Email: tchrdip@hotmail.com / tchrdip@tchr.net
Tamil Centrum voor Mensenrechten- TCHR
Steelingmolen 43
1703 TE Heerhugowaard, THE NETHERLANDS
Contact person : Sinniah Indiran
Fax : + 31 - 72 -
57 15 801
Email : tchrholland@hotmail.com
TCHR-SWITZERLAND
Tamilen Zentrum fur Mensenrechten - TCHR
P. o. Box : 319
8172 – Niederglatt, SWITZERLAND
Contact person : Thambirajah Genegatharan
Email : tchrswitzerland@hotmail.com
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TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society and the Warsaw Conference)
www.tchr.net
Ref : HRD/70/PR/2006 10 December 2006
Sri Lanka - official declaration of Eelam war - IV !
Today, the Tamil Centre for Human Rights, in association with other Human Rights organisations, Institutions, Human rights defenders and many others around the world mark the 58th anniversary of the Universal Declaration of Human Rights – UDHR, which opened up the pathway to many conventions, covenants and declarations to promote and protect human rights world-wide.
Some countries have ratified major human rights covenants, yet persistently and flagrantly violate even non-derogable rights, in grave breach of their obligations under international human rights and humanitarian law. This is an urgent concern of all who work for the human dignity of all.
Since Sri Lanka’s independence in 1948, ruling governments have used the “state of emergency” for more than thirty-five years, as one of their weapons against Tamil people.
The draconian Prevention of Terrorism Act (PTA) was first introduced in Sri Lanka in 1979, by J R Jayawardena. The Act gives unlimited powers to the security forces to violate human rights with impunity, and was intended to suppress the Tamil demand for Right to Self-Determination.
After decades of failed non-violent protest against massive discrimination meted out to Tamils, the Tami people had exercised and articulated their right to self-determination in the General Elections of 1977, in which they voted overwhelmingly for a separate state.
Although the PTA was installed under the pretext of curbing the beginning Tamil militancy, it led to the arrest, torture and killing of thousands of innocent Tamils, with impunity, by the security forces. The Act allows the use of confessions under torture as admissible in evidence, frequently Tamil detainees being forced to sign papers in Sinhala, a language many of them do not even know.
The PTA has been consistently condemned over the years by various VIPs in the United Nations and many other international human rights organisations as contrary to accepted principles of Rule of Law and failing to meet international human rights standards.
There has been massive and systematic abuse of human rights in Sri Lanka:
* Due to Sri Lankan state terrorism : over 79,000 Tamil people have been killed or “disappeared”; more than 12,500 women raped and killed; more than 2500 buildings religious places of worship (Churches and Temples) have been destroyed in aerial bombings and artillery shelling and billions of rupees worth of material damage has been caused.
* As a result of well planned ethnic cleansing by the Sinhala State over many decades, nearly 800,000 people have been internally displaced in the North East and more than 500,000 Tamils have sought political asylum in Europe and other countries.
Through the mediation of Norway, the Ceasefire Agreement - CFA was signed by the Liberation Tigers of Tamil Eelam (LTTE) and the government of Sri Lanka on 22 February 2002. Under article 2.12 of the CFA operations and arrests under the PTA were to cease.
During the Ceasefire period, the military and security forces could not make use of the PTA as systematically as before. “Our hands are tied, but our eyes are open” members of the security repeatedly said to cultural and political activists, as they pursued their civic activities in the relative calm of that period. The security forces were not permitted to make arrests under the PTA, but they noted who the civil society organisers were. These people are now under immediate threat.
On 6 December 2006 the government of Sri Lanka re-instated the PTA, thus making it crystal clear that it has withdrawn from the CFA – tantamount to an official declaration of Eelam War IV by Sri Lanka.
In the last session of the Human Rights Council-HRC, even though the Sri Lanka Government lobbied and avoided a Resolution, seven member countries of the HRC: Australia, Canada, Finland (representing the EU), Japan, Netherlands, Switzerland, United Kingdom, and some INGOs including Action Contre la Faim, raised concerns about the situation in Sri Lanka.
Furthermore the USA, Australia, UK, France and many other European countries have declared Sri Lanka unsafe for tourists to visit.
We sincerely hope that the International Community will take serious note that even though officially the government has not started Eelam War IV, when one considers the massive military onslaught on the Tamil people since Mahinda Rajapakse came to power a year ago, the killings and torture starting all over again, is equivalent to a declaration of war.
Within the last ten months, 1250 Tamils including humanitarian workers, journalists, parliamentarian, academics and others have been abducted and killed in the North East and the other parts of the Island. There is an economic embargo to the North East and its impact on the people in those areas, especially in Jaffna and Vaharai is devastating, causing starvation and death. Hundreds of thousands have been displaced. Aerial bombings and strafing are instilling widespread fear into the people, including children and women, and killing many.
As we release this message, it is confirmed that seventeen Tamil civilians have been killed, including a six-month old baby and 67 people injured when Sri Lanka armed forces bombed and shelled refugee camps for internally displaced people in Vaharai yesterday. The camps were located in schools near Vaharai hospital.
This is TCHR’s urgent message for the immediate attention of the international community, on this International Human Rights Day, 2006. It is a warning signal - what is occurring is a silent ethnic cleansing.
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TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society and the Warsaw Conference)
www.tchr.net
Ref : KH069/PR/2006 22 November 2006
In Sri Lanka – condemnation and condolences are meaningless!
“An ounce of hypocrisy is worth a pound of ambition.” -- Michael Korda
Lawyer and Jaffna district parliamentarian Mr. Nadarajah Raviraj was recently shot dead in the capital Colombo in Sri Lanka. The assassination took place near his home in Narahenpitiya – early in the morning. His bodyguard was killed in the same incident.
Raviraj, a Former Mayor of Jaffna and Tamil National Alliance – TNA, parliamentarian was killed by so called “unknown gunmen” - terminology used in killings in which the Sri Lankan government is involved.
Since Raviraj was elected to parliament in 2001, he had spoken openly and strongly against the atrocities committed by the Sri Lankan security forces. He never hesitated to speak out against the paramilitary forces which work closely with the Sri Lankan military intelligence.
A week before his killing, during the parliament session, Raviraj had an argument with Douglas Devananda, leader of a paramilitary group known as the EPDP and Minister in the present cabinet. Many in parliament, including the speaker, witnessed this.
Soon after Raviraj's killing, the leader of the TNA, R. Sampanthan, told the press that, "Raviraj's assassination is a clear attempt by the paramilitary operating with the Sri Lanka Army to stifle the Tamil parliamentarians' voice in and out of the Parliament to inform the International Community of the Sri Lanka government's genocide against the Tamils."
On 12 November 2006, former President Chadrika Kumaratunga gave a pathetic interview to the Sunday Leader newspaper in Colombo. If everything stated in that interview could have been done to a former President, a Singhalese who belongs to the same political party as the present Executive President Mahinda Rajapaksa, then piercing alarm bells should be ringing when we compare what Rajapaksa is doing to the Tamils in this island.
In the same interview former President Chandrika Kumaratunga said :
"….. My letters are not replied by Gotabhaya Rajapakse (President Rajapaksa's own brother). The letter I handed over personally to Mahinda Rajapakse is not replied. Under these circumstances what am I to think Mr. Editor? Today they have killed Raviraj in Narahenpitiya. The only thing I can think therefore is that this government consciously and wilfully wishes to weaken my security. What else am I to think?"
Chandrika Kumaratunga was a President for nearly twelve years. Being ex-commander in Chief of the Armed forces in Sri Lanka, the former executive President would not have uttered a word for nothing. She said, "… they have killed Raviraj in Narahenpitiya". We are sure that the former President must have obtained a clue about the perpetrator, otherwise she would not have said, "THEY HAVE KILLED RAVIRAJ".
In the recent past, abductions, disappearances, political killings, aerial bombings, artillery shellings are causing terrible hardship to the people in the North East and also to a certain section of the people in Colombo. Within the last two months alone, hundreds of abductions, disappearances, killings, and rapes have taken place in the North East and Colombo.
Below we give some details to show how incidents are taking place :
18 Nov - 4 students were massacred and eight injured at Thandiykulam in Vavuniya; 10 Nov - Member of Parliament shot dead by unknown gunmen in Colombo; 05 Nov - 12 Children injured. 6 Babies ages between 3-6 months in Kathiraveli, Batticaloa; 05 Nov - 41 displaced Tamils were killed in a shell attack in Kathiraveli, Batticaloa; 03 Nov - 2 killed in a shell fired at their home in Mankerny, Batticaloa; 02 Nov - Killinochchi hospital was bombed, 6 killed and hospital damaged; 01 Nov - 4 youths abducted in Jaffna; 30 Oct - 15 students of Batticalo Central college were abducted; 30 Oct - 51 Fishermen arrested by the Sri Lanka army at the Grunagar beach in Jaffna; 30 Oct - 3 Civilians shot dead in Jaffna; 29 Oct - 6 Civilians were killed in a bomb blast in Valvetithurai in Jaffna; 26 Oct - 2 youths shot dead at 3rd Mile post, Chelvanayagapuram, Trincomalee; 22 Oct - 10 killed in Jaffna in various places; 21 Oct - 3 Abducted Tamil civilians, shot dead in Colombo; 20 Oct - 2 young fisherman shot dead in Pesalai, Mannar; 17 Oct - 4 killed in Jaffna; 15 Oct - 6 reported missing in Jaffna; 7 & 8 Oct - 20 Tamil civilians abducted in Amparai district; 3 Oct - 8 Tamils youths arrested in a train in Colombo; 3 Oct - 12 Tamil youths arrested in a suburb of Colombo
In addition – people in the Vaharai area in the East and Jaffna in the North are starving without food, shelter, medicine and other items to meet basic needs. According to the latest information, some have starved to death in Vaharai and Jaffna. The unofficially declared economic embargo to the North East and closure of several routes including the A9 to Jaffna are causing severe hardships to the people of those areas.
The parliamentarians who raise these issues in public and in the parliament are threatened and killed by the government. Within the last two years – many lawyers, parliamentarians, educationalists, professionals and others have been killed by so called unknown gunmen. So far, not a single perpetrator has been either arrested or brought to justice.
What is surprising, is that if we take Raviraj's assassination as an example - everyone from the President to Paramilitary leaders and Singhalese extremists - JVP have condemned this killing and have also conveyed their condolences to Raviraj's family. Even a few ministers who support the motivated killings carried out by the Sri Lankan military intelligence have paid their last respects to Raviraj. Is there any meaning in these condemnations, condolences and paying of last respects?
If these personalities had not supported the military agenda of the government and the barbaric activities of the paramilitary forces, people like Raviraj would not have been killed. On the one hand they support the extension of the Emergency Regulations in the parliament and on the other hand they support the military solution to the island’s long and bloody conflict. As a result, serious violations are taking place and those who speak against these atrocities are wiped out by the very same gang who then, in easy platitudes, condemn, send condolences and pay last respects to the victim. This is hypocrisy aimed at antagonising and fooling the kith and kin of the victims and the Tamil people.
If these politicians were genuinely following their conscience, they should resign from the government which is for a military action and which uses the paramilitary forces to do their dirty work.
Now in the case of Raviraj's killing, except for the Defence secretary Gotabhaya Rajapakse, all others have condemned Raviraj's killing, sent their condolences and some have paid their last respects.
The same thing happened when Kumar Ponnambalam, Joseph Pararajasingham, Sivaram and many others were assassinated. When Kumar Ponnambalam was killed, many believed and some media in Colombo pointed a finger at the then Deputy Defence Minister Anuruddha Ratwatta and his gang. But Ratwatta's wife paid her last respects and then also President Kumaratunga sent her condolences to Mr Ponnambalam's family.
If, all this is not utter hypocrisy, what other conclusions can one draw? Does this mean that ‘they’ are planning for their next killing by visiting and studying the environment and the feeling of the victimised people?
The international community is very slow in its decisions and actions. We have been informing the international community for many years that there are child soldiers within the Sri Lankan security forces. But the international community and some biased so-called international human rights organisations turn their deaf ears to our complaint and keep on accusing only the Liberation Tigers of Tamil Eelam - LTTE. Now after so many years of reporting, this accusation has been accepted to a certain extent but some more facts and issues are still to be addressed. However at least and at last it is agreed that the Sri Lankan security forces are helping a paramilitary force to recruit child soldiers. We hope this statement will not be diluted due to the Sri Lankan government pressure.
The statement made on 13 November in Colombo by Allan Rock, the advisor to the UN Special representative on children and armed conflict, should be an eye-opener to the international community - the bureaucrats of the United Nations, European Union, European Commission, European Parliament and Commonwealth.
The Sri Lankan Defence Spokesperson Keheliya Rambukwella is a comedian of the war. He keeps people laughing, like Sadam Hussain's Information Minister and spokesperson Muhammed Saeed al-Sahaf. During the Iraq war, even after the coalition forces captured the whole of Iraq, Muhammed Saeed al-Sahaf said from his hide-out to the media that there is heavy fight going on around Baghdad Airport. Mr Rambuwella has a similar attitude and could be entered into the Guinness book of records for telling the maximum number of lies. Here again the comedian Rambukwella denies the truth and is ignoring the message of Allan Rock - without precedent and undiplomatically, he finds fault with the messenger. This is the usual game of the Sri Lankan government.
Once again, we urge and appeal to the international community to persuade the Sri Lankan government to immediately address the below given matters, which directly affect the Cease-fire Agreement – CFA :
(1) Send enough food and other items for basic needs to the North East, especially in Vaharai and Jaffna
(2) Lift the unofficial declaration of the Economic embargo to the North East
(3) Stop using the paramilitary forces to carry out the deliberate killings, assassinations, abductions and rapes in the North East.
(4) Stop aerial bombing and firing artillery shells in the North East
(5) Open all the main roads for public use including the A9
(6) Allow fishing in the sea.
(7) Have an International Human rights monitoring body as proposed by the UN High Commissioner for Human Rights, European Union and many other genuine human rights organisations. The Sri Lankan government's local investigation with a few selected international observers will be eyewash for the international community. The so-called international observers are people who are already in support of the Sri Lankan military agenda.
The lists submitted by certain International institutions are ignored and the Sri Lankan government is selecting their own international observers who support their military agenda.
We wonder why the International Community should agree to a new type of human rights mechanism only on Sri Lanka. The International community should make a note that having international observers for local elections is a totally different matter to, investigating serious human rights violations especially committed by the Sri Lankan security forces.
The International community should take note that the Tamils have seen enough of Commissions appointed by various Sri Lanka governments since independence. Each of those Commissions was simply an eye wash for the international Community and none resulted in bringing perpetrators of human rights violations to book.
HEAD OFFICE:
Tamil Centre for Human Rights - TCHR/CTDH
9, rue des Peupliers - 95140 Garge les Gonesse - FRANCE
Contact person : S. V. Kirubaharan – General Secretary
Tel/Fax: + 33 1 42 67 54 36 - Email: tchrgs@hotmail.com / tchgs@tchr.net
Tamil Centre for Human Rights - TCHR/CTDH
PO Box 182, Manchester M16 8ED, UNITED KINGDOM
Contact person : Deirdre McConnell – Director International Programme
Fax: + 44 161 860 4609 - Email: tchrdip@hotmail.com / tchrdip@tchr.net
Tamil Centrum voor Mensenrechten- TCHR
Steelingmolen 43
1703 TE Heerhugowaard, THE NETHERLANDS
Contact person : Sinniah Indiran
Fax : + 31 - 72 -
57 15 801
Email : tchrholland@hotmail.com
TCHR-SWITZERLAND
Tamilen Zentrum fur Mensenrechten - TCHR
P. o. Box : 319
8172 – Niederglatt, SWITZERLAND
Contact person : Thambirajah Genegatharan
Email : tchrswitzerland@hotmail.com
TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society)
www.tchr.net
Ref : JG022/PR/2006 12 October 2006
Tamils’ Human Rights on auction in Geneva!
On 14 September 2006, the second session of the United Nation Human Rights Council (HRC) began in Geneva. The HRC was established under the UN General Assembly resolution 60/251 of 15 March 2006. Two main factors contributed to the replacement of the earlier UN Commission on Human Rights (CHR), by the Human Rights Council. Firstly, Kofi Annan’s UN reform programs, which included the establishment of the new human rights body. Secondly, the fact that the CHR had been inactive in the recent past because it was dominated by states which were serious violators of human rights. It had a membership of fifty-three countries.
The new HRC consists of forty-seven members. Almost all the members who were in the CHR are now in the new body. According to UN records, Sri Lanka is one of the worst violating states - it also has membership in the HRC.
On the very first day of the second session, the UN High Commissioner for Human Rights, Mme Louise Arbour, spoke seriously against the violating countries and Sri Lanka was one of them. She suggested that a permanent International Human Rights Monitoring body be established in Sri Lanka, as human rights are violated by all parties. Following Louise Arbour’s speech, many Special Rapporteurs who spoke on thematic issues, covered Sri Lanka in their presentations. Due to the continuous accusations, the Sri Lankan delegation was extremely busy attempting to counter the accusations and justify the violations.
The new HRC has a system of “Interactive Dialogue”. Soon after Special rapporteurs had made their speech, the countries concerned were allowed to make an intervention and right to reply was also permitted. The HRC allowed a few NGOs to speak which was only for two minutes. As a member of the HRC, Sri Lanka made use of every minute, denying the accusations made against them in the HRC. There were occasions, when Sri Lankan representatives were targeting the messengers rather than the message. This was seen by many diplomats and NGOs as a desperate and frustrated act of the Sri Lanka delegation. Anyhow, as it was said in their own English language, very few understood. Let us hope that Sri Lanka will not influence the HRC in the future, to adopt Singhalese as one of the working languages of the HRC.
While this was taking place in the main plenary meetings, we saw that for the first time, many International NGOs (INGOs) were busy preparing and producing documents, accusing Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE). During the first week, there were some parallel meetings on Sri Lanka and also various INGOs strongly advocated for a permanent International human rights body in Sri Lanka.
This really surprised us and we wondered how these INGOs who normally accuse only one party to the conflict had seemed to suddenly grasp the realities in Sri Lanka. Eventually our assumption was proved wrong.
The first week passed with Louise Arbour and Special rapporteurs on thematic issues raising concerns about the deteriorating human rights situation in Sri Lanka and it seemed inevitable that there would be some action taken or decision made regarding Sri Lanka, in the HRC.
During the second week, we found that the Sri Lanka delegation was hectically busy meeting various diplomats and also INGOs - lobbying to prevent any action being taken against them in the HRC. This actually puzzed us - a member state placed in great difficulty, was meeting up with INGOs.
During the course of the second week, diplomats of the European Union took the initiative and Finland as the holder of the EU presidency produced a text “draft decision 2006/..... Sri Lanka” (A/HRC/2/L.37) and the saga started from there onwards.
First of all this draft text was not strong enough for a country which has been seriously violating human rights for decades and which had the second highest number of “disappearances” in the world recorded in 1998. Secondly, this text carried very unusual wording about “Eminent Persons”. Anyhow, we thought that this might be the beginning of public UN scrutiny on Sri Lanka.
Whatever the matter, it was clear that the Sri Lankan delegation had been instructed from Colombo not to accept ANY SCRUTINY by the HRC. This request came from a government which is headed by Mahinda Rajapaksa, an ex-human rights campaigner who at one time sat along with all of us in the same Serpentine coffee bar in the UN building in Geneva, lobbying to find justice for those Singhalese youths who disappeared in the South. This shows that President Rajapaksa deemed human rights violations in the South in need of UN scrutiny but not the violations carried out by his security forces and the paramilitary forces in the North East, which they consider an “internal problem”. Does this reveal the true nature of the Mahinda Chintana (Mahinda’s Thoughts)?
Anyway the Sri Lankan delegation brought some Tamil and Muslim politicians and ministers from Sri Lanka to lobby a few states. Of course, some meetings took place outside the UN building. At the expense of human rights violations against the Tamils, several Asian countries made good deals with Sri Lanka – for instance arms deals; Sampoor; guaranteed backing of Sri Lanka against resolutions highlighting their own states, etc. As a result, Sri Lanka along with the Asian group completely rejected the EU proposed draft decision on Sri Lanka.
The EU, which had believed every word of the Sri Lankan government in the past, was disappointed by what happened in the HRC. Soon afterwards, some interesting comments which we do not want to quote here, were made by many Western diplomats.
As the EU countries are in a minority in the HRC, they were reluctant to push anything against Sri Lanka to the vote. As we said before, no resolution against any violating states has any chance in the present HRC. Therefore, the President of the HRC, Ambassador Luis Alfonso de Alba of Mexico, postponed all the draft proposals including on Sri Lanka to the next session, which will start at the end of November.
Anyhow, eventually our doubts about the Sri Lankan delegation meeting with INGOs were vindicated. Some INGOs were also apparently working on Sri Lanka for a deal.
The EU draft decision on Sri Lanka, referred to an “.... involvement of an International Independent Group of Eminent Persons” , making a deal with Sri Lanka for the INGOs. Some INGOs who produced statements in the HRC were offered by the Sri Lanka delegation to travel to Colombo and meet with the Minister of Foreign Affairs and the President. Why? To clinch business-like deals on Human Rights.
The UN High Commissioner for Human Rights, the UN Special Rapporteurs and also the EU wanted some genuine action on Sri Lanka, but a few member states and some INGOs in the HRC were not genuine in their work. They had their own hidden agenda, based purely on self-interest.
In the next session of the HRC in November, all these elements will come back to Geneva with some new ideas and a new approach substituting the EU proposed draft (A/HRC/2/L.37) decision - as usual, to satisfy the Sri Lankan government agenda.
The Tamils were right to place their trust in the UN High Commissioner for Human Rights and the UN mechanisms, rather than in these corrupt INGOs.
If the problems are resolved through negotiations and the principled use of UN mechanisms, who needs the work of INGOs? Therefore, it appears, some INGOs prefer there to be continuing problems, to ensure their survival.
However, the fact that there existed a draft proposal for a decision on Sri Lanka by the EU is a great victory for several reasons. Firstly, in the second session itself, a decision has been drafted on Sri Lanka proving that Sri Lanka is one of the worst violators in the world - out of 192 member states in the UN; secondly, the draft text contains some strong wording about displacement, extrajudicial killings, disappearances, impunity and so on. Whether Sri Lanka accepts it or not, the international community has clearly stated that there are serious human rights violations and breaches of international humanitarian law in Sri Lanka; thirdly, now Sri Lanka has learned a lesson - that they cannot sit peacefully in an international forum while they violate human rights at home and fourthly, that when the new mechanism, the “Universal Periodic Review (UPR)” of the HRC becomes a reality, countries like Sri Lanka will be compelled to lose their membership in the HRC. The UPR will examine the UN Member States through a common mechanism where propaganda, wealth and influence will not work.
Our long years of human rights advocacy on Sri Lanka, have not gone to waste. But there is a long way to go to bring Sri Lanka to justice.
In due course, we will be releasing a separate press release about the role played by some Colombo based NGOs in this game.
TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society)
www.tchr.net
Ref : KG088/PR/2006 6 September 2006
Tamil diaspora reiterates that an economic embargo
on Sri Lanka should be enforced
“Power wants to do nasty things to the people, without accountability”. “Impunity for Power is the law of the jungle”. “ The supreme international crime is war of aggression”
-- Ramsey Clark – Paris, 23 September 2005
The purpose of law is to preserve society and equality is the mother of justice. Power should not be above the law. These are a few cardinal principles of democracy and the rule of law. Where do these principles stand in Sri Lanka?
If we look back at Sri Lanka’s human rights record - various reports of the United Nations’ Special Rapporteurs and treaty bodies; International institutions; Parliamentarians belong to European Union countries and other countries, have all accepted that Sri Lanka violates the human rights of Tamils. Whoever you meet, wherever you go, the decision-makers of various states, world bodies, inter-governmental and regional bodies accept the fact that the bloody conflict in the island of Sri Lanka is of deep concern to them. However, the international community has no remedy for the State terrorism in Sri Lanka.
In 1998, the UN Working Group on Enforced or Involuntary Disappearances stated that, "Sri Lanka had the second highest number of disappearances in the world, ranking next to Iraq". Also Sri Lanka was the only country that the UN Working Group on Enforced or Involuntary Disappearances has visited several times.
For over twenty-five years, how much torture, how many cold-blood killings, massacres, rapes, disappearances of Tamil people in the North East have been reported, with 100% evidence of Sri Lankan security forces involvement. The latest statistics shows that 79,000 were killed, more than 25,300 disappeared and more than 12,000 women raped.
We are talking about matters of life and death, but some pretend not to see any of this, and some even blame the victims who stood up for their rights.
In our long years of work with various world institutions and meetings with many diplomats, we have gathered that it is the Sri Lankan government’s misinformation lobby that prevents any of the world bodies taking action on Sri Lanka. Therefore, Sri Lanka is given total impunity by the international community. This is where international law has failed and the double standards of the international community are glaringly obvious.
A significant part of the Sri Lankan lobby is carried out through Sri Lankan Embassies in Western countries which expect Tamils to work for them, providing information about the activities of the Tamil Diaspora. Whosoever refuses to collaborate is harassed and intimidated by members of Sri Lanka’s National intelligence Bureau – (NIB), who are attached to the Sri Lankan Embassies in the Western Countries.
On top of all the aforementioned atrocities, for more than a decade the people in the North East were strangled by a draconian Economic embargo imposed by the Sri Lanka government. This same government incredibly claims that the people in the North East are its citizens. The embargo really affected the people seriously in many aspects, and with long term consequences, especially the elders and the children.
This embargo has once again been enforced by the Sri Lankan government on various areas in the North East.
The international community is just watching, never even making an attempt to condemn any of the aggressive acts and policies of the Sri Lanka government.
Therefore, now is the right time for the Tamil diaspora to show its strength and to follow the path of other ethnic groups who have emerged from the clutches of these double standards of the international community.
For example, the South African path points in a right direction. As a result of the struggle against Apartheid, the injustice of the repressive Apartheid regime became a focus of international outrage. The South African diaspora in the Western countries played a crucial role in enforcing an economic embargo on the Apartheid regime.
It is true that for a long time, the Tamil diaspora has been discussing, talking, even appealing to some of the western governments to stop supplying arms to Sri Lanka, and campaigning against the tourist industry in Sri Lanka. Also, some made appeals to the World Bank, the IMF and various other institutions requesting them not to give aid to Sri Lanka, because those funds allowed for the release of massive financing for military purposes. But these requests, demands were not heard. They fell on deaf ears.
In fact, these sorts of activities were carried out in a more or less ad hoc way, on a small group and individual basis. Not in a fully-fledged organised way internationally.
Practically speaking, even though many of us are in favour of an economic embargo on Sri Lanka through world bodies like the UN, we are far behind in bringing either an economic embargo or arms embargo against Sri Lanka through world bodies. Protocols and series of actions necessary prior to such an embargo, have not been placed by any of the world bodies on Sri Lanka. It is to be noted that nowadays many member states of the UN are not in favour of economic embargos on any member states. Nevertheless, these options could still be kept open for action. History shows that the process of enforcing an economic embargo on any country through world bodies takes many years.
Once again, as the Sri Lanka government has declared war against the Tamil people and the international community is pretending not to see any of the atrocities committed by Sri Lankan security forces, the Tamil diaspora has to work in a cooperative way on an immediate remedy which could be carried out, such as an economic embargo on Sri Lanka.
The fact should be accepted that Sri Lanka is earning large sums of foreign exchange through the Tamil diaspora who mostly come to Western countries as political refugees. Several items produced by the Sri Lankan marketing department and various other state and private industries are exported to Western countries. The consumers of these items are mostly the Tamil diaspora.
The Western world is full of open markets for various similar products from other Asian and African countries. If the Tamil diaspora starts to boycott Sri Lankan products, this will certainly stop the pumping of their hard earned money into killing their kith and kin.
At the same time, many of the Tamil diaspora who send remittances to relatives in Sri Lanka do so through Sri Lankan Banks. These banks earn a huge of foreign exchange for the government of Sri Lanka which eventually uses the profit for military purposes to kill the kith and kin of the Tamil diaspora in the North East.
In the recent past, the Sri Lankan national carrier, “Sri Lankan Air Lines”, has been frequently used by the Tamil Diaspora for travelling to Sri Lanka and other destinations. The profit of all these commercial entreprises have pumped money into Sri Lankan military oppression in the North East of the Island.
In other words, knowingly or unknowingly - part of Sri Lankan military expenditure is bolstered by the Tamil diaspora. If the Tamil diaspora changes the pattern of their shopping, remitting money and mode of transport and various other activities, this would be a big down fall to the Sri Lankan government.
Also the Tamil diaspora has a huge responsibility in campaigining to convey the real situation to the local people in the country wherever they live and preventing tourists flocking to Sri Lanka. Surely the voice of the Tamil diaspora could help to expose the unethical nature of holidaying on an island where atrocities of such magnitude exist.
Let us work together, in many organisations, with all those who have been thinking of this ingenious idea for many years and together bring the Sri Lankan war machine to a halt. This is the best way at the current time to save the people from Sri Lanka State terrorism, enviromental terrorism, cultural genocide and for finding a durable solution to the long standing bloody conflict.
Importantly, such actions will raise awareness of the true human rights situation in the island of Sri Lanka, within the wider communities we live in. All people of goodwill can be invited to join in solidarity by boycotting Sri Lankan products and other foreign income generators, in order to express their opposition to Sri Lanka’s genocidal policies and actions.
TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society)
www.tchr.net
Ref : JK105/PR/2006 25 July 2006
International Safety net and the United Nations
Recent reports say that there are 50 conflicts raging in the world. Many of these conflicts arose due to extreme oppression of peoples and their subsequent legitimate demand for the right to self-determination. In most of these situations armed struggle continues to be used to achieve this collective right.
When we look at the Tamils’ struggle in exercise of the right to self-determination, we can clearly see it as an armed struggle. However, what is neither realised nor visible to many is that the Tamils decided to start an armed struggle, only after the failure of thirty-five years of non-violent struggle. One of the two parties to the conflict, the Liberation Tigers of Tamil Eelam (LTTE) was born only in the 70s and the actual armed struggle began only in 1983, soon after the Tamil holocaust of which the international community was well aware. While the victims, Tamils around the world, mark the 23rd anniversary of those horrific atrocities, it is appropriate to reflect on the developments of the bloody ethnic conflict in the island.
What was the reaction of the international community to the Tamil holocaust in July 83? It is sad to say that no pressure was exerted on Sri Lanka either to stop the ongoing genocide of Tamils or to find a durable solution to the conflict. If the international community had looked into the root causes of the problems, rather than helping the state terrorism in Sri Lanka, the island’s history and situation today would have been very different.
Also, due to heavy lobbying by the Sri Lanka government, the United Nations failed to bring any strong resolution against Sri Lanka. By contrast, Sri Lanka is being given full military help by the international community. None of the Singhalese leaders were ready to accept any foreign involvement in the conflict, insisting that it is an “internal” matter. But after two decades of bloody conflict, loss of more than seventy thousand lives, economic and cultural devastation to the Tamil people, the Sri Lankan government was compelled to accept third party mediation. Whether the ceasefire agreement, signed in February 2002, under the facilitation of the Royal Norwegian government, between the LTTE and government of Sri Lanka was entirely effective or not – it has been acknowledged by the international community that the ethnic conflict in the island of Sri Lanka is no more an internal matter as it was claimed by many Singhalese leaders. Still, some including President Mahinda Rajapaksa, maintain the same position that this is an “internal” matter.
For known or unknown reasons, some countries may hold biased positions regarding this conflict. However, this does not mean that the morale, the confidence and the determination of the Tamil people - survivors of the Tamil holocaust, twenty years of bloody conflict and other destructive measures, - have been eroded.
Even though the international community has turned a blind eye to the July 83 holocaust and the continuing genocide, the Tamils have worked hard to build up their nation. With all the ups and downs, today the whole world is witnessing a de-facto government with appropriate infrastructure in place in the Tamil homeland, the North East. The failure of the Sri Lankan government to treat the Tamil people as equals, the economic embargo and deliberate military attacks by Air, Sea, and Land on the population in the North East made them even more courageous, despite great loss of life, limb and economy.
The government of Sri Lanka is spending massive amounts of energy and time in promoting the banning of the Liberation Tigers of Tamil Eelam (LTTE) and in purchasing arms for the impending war; whereas it fails to spend a single minute in finding a negotiated settlement to the island’s long-standing bloody conflict. The government of Sri Lanka disseminates propaganda, denying the realities in the North East, but it is a fact that those who support the LTTE win elections with a huge majority. Here one should not hide the fact that the LTTE is a party to the present ceasefire agreement.
In the United Nations, there are one hundred and ninety one member states. If one argues that thirty countries disagree with the LTTE, that means, all other one hundred and sixty one countries endorse the LTTE.
This is where the “international safety net” begins and alarms not only the Tamils, but also it should alarm world citizens. Reports of the UN Special Rapporteurs, treaty bodies, various International organisations, members of various Parliaments and Senates round the world cast light on strong evidence of the deteriorating human rights situation in Sri Lanka. Yes, it is true that Sri Lanka was elected to the newly formed UN Human Rights Council, but it was elected in a voting procedure which did not consider the abysmal human rights record of Sri Lanka.
In the recent past, by hook or by crook, Sri Lanka has achieved something to add to its propaganda. Now Sri Lanka is directing its energy towards the United Nations, as a target, to be included in their well-planned “international safety net”. In the recent past, a few personalities selected by the government of Sri Lanka, have already got significant positions in the United Nations, on the pretext of international civil service. The international community, which is not at all aware of this master plan of the Sri Lankan government, innocently endorses these appointments.
Some selected personalities known for these assignments are : Jayantha Dhanapla, Radhika Coomaraswamy, IGP Chandra Fernando, Devinda R. Subasinghe, Palitha Kohonna, Depika Udugama and many others.
Mr. Jayantha Dhanapala is the key person seeking the post of Secretary General of the United Nations. Being a Sri Lankan diplomat, he justifies the Sri Lankan atrocities against the Tamil people within many World bodies and institutions, especially in Geneva and New York. A huge amount of Sri Lankan tax payers' money is being used by the Sri Lanka embassy in the United States for his propaganda work. Below we give an excerpt from Jayantha Dhanapala’s Congressional briefing, for the world citizen to understand, what would happen in Sri Lanka, if Dhanapala is appointed as the UN Secretary General.
“....................... Indeed it is the international safety net provided by such a sanctions based approach that has allowed the Government of Sri Lanka (GOSL) to continue to negotiate with the LTTE to find a peaceful solution to the armed conflict in Sri Lanka. In order for the GOSL to be able to talk to the LTTE without further alienating the peace constituency in Sri Lanka, the international community must take a tough stand against them. This will help move the peace process forward.” (Congressional briefing by Jayantha Dhanapala, Secretary General of the Secretariat for Coordinating the Peace Process (SCOPP-Sri Lanka) and Senior Adviser to the President of Sri Lanka. 8th September 2005)
Is it possible for Jayantha Dhanapala to explain to the world citizen, why the peace negotiations never moved even an inch while he was the head of the SCOPP for two and half years?
Madam Radhika Coomaraswamy who was the Special Rapporteur on violence against women from 1994 - July 2003, was appointed as Special Representative for Children affected by Armed Conflict in April 2006. She would not have got this position without the initiative and the help of the Sri Lanka government. It was well known that she was in the good books of President Mahinda Rajapaksa.
During the period when Radhika Coomaraswamy was Special Rapporteur on violence against women (1994-July 2003), 4300 documented cases of Tamil women were reported in the North East. Tamil women were brutally raped and many were even killed by the Sri Lankan security forces. Let Radhika explain to the world citizen, how many of these cases have been processed by her while she was in this UN post.
When Radhika Coomaraswamy was asked questions in UN parallel public meetings in Geneva by members of civil society, such as “why (is she) not covering any cases of the Tamil women who were raped and killed by the Sri Lanka soldiers”, her standard reply was that she, herself, being a person from Sri Lanka, was unable to take up those cases. This is in contradiction to the work of other Special Rapporteurs who cover the violations of their own country as well.
During the same period Radhika never hesitated to go out of her mandate to speak about the LTTE, accusing them of alleged killings in Sri Lanka. The UN records will stand by this fact.
During the same period there was an economic embargo imposed on the North East by the Sri Lanka government, severely affecting hundreds of thousands of children. Radhika, being a UN Special Rapporteur, being a Tamil woman, never uttered a word about the hardship that those Tamil children underwent.
While she was the Chairperson of the Sri Lankan Human Rights Commission (SLHRC), the Human Rights Commission never bothered about the genocide that was carried out by the Sri Lankan security forces. Being the Chairperson, she sent a fact finding mission to the Eastern province, where there were horrendous violations by the Sri Lanka security forces - only after we in TCHR travelled all the way from Europe in August 2004 and published our findings. SLHRC’s motive was to counter the actuality in the East.
Dr. Palitha T.B. Kohona was the United Nations Chief of the Treaty Section since 1995 and only last February he joined as the Head of the Secretariat for Coordinating the Peace Process (SCOPP) of Sri Lanka.
While Kohona was the Chief of the UN Treaty Section, Secretary General Kofi Annan was refused permission to visit the areas of the island most badly affected by the Tsunami, which are in the North East. The Sri Lankan authorities deliberately prevented him from making a humanitarian visit there. This is a pure violation of the UN Charter, Chapter XV Article 100.
Is Kohona aware of this violation by a member state? Being an international civil servant, the Chief of the UN Treaty Section, what action did he take against Sri Lanka?
While he was the UN Chief of the Treaty section, he was closely liaising with member States. This introduction is more than enough, for Kohona to successfully convince them, on behalf of the Sri Lanka government, of its daily lies and exaggerations.
Mr. Chandra Fernando, Inspector General of Police is believed to be a candidate for a vacant position in the highly prestigious United Nations Human Rights Committee. It would be humiliating for this Human Rights Committee to have one of the world’s worst violators of human rights, as a member. This would be like a butcher conducting mass in a church and would be the joke of the century. Hopefully, the High Commissioner for Human Rights Louise Arbour and other members of civil society will make a note of this gamble by the government of Sri Lanka .
This month, Sri Lankan diplomat, Devinda R. Subasinghe has been appointed as President of a Washington-based organisation, “Bridging Nations”. This collaborates with premier think tanks, universities, and policy-making bodies to create innovative actionable agendas. Subasinghe worked as an adviser for the U.S. government from 1995 through 1999 on foreign policy, economic development and public and private corporations. As Ambassador to the United States, he was instrumental in strengthening Sri Lanka's working relationship with the White House, Congress, the private sector and various other government agencies by addressing diplomatic, security and trade matters.
There are many others also waiting for various top jobs in UN institutions.
The Sri Lankan political leaders whose speeches are dominated by persistent mention of the “Sovereignty” of their country, are for the “international safety net”. This safety net is neither to prevent human rights violations nor to bring about a solution to the conflict. It is calculated purely to suppress a nation, an ethnic group or people who are demanding their right to self determination.
Below, we quote Ranil Wickremasinghe speaking in Parliament in May 2003.
“............................. As I have said before, the safety-net of the international community which we have brought about is being of great help to us at this time. We have had a firm expression of views by our friendly countries, including the United States, UK, Japan, France and India. (Prime Minister Ranil Wickremasinghe’s statement to Parliament on 6 May 2003)
Since the independence (1948) of this island, there have been 13 Prime Ministers and 5 Presidents. As far as the ethnic conflict or the right to self-determination of the Tamils’ are concerned, there has never been a change of policy by the governments of Sri Lanka. Everything has been done to suppress a nation of people who were struggling for their rights through non violent methods and other means. As the Sri Lankan state has failed to crush the people, it is now establishing an international “safety” net.
The international community should be alert and should react to this cheating business of the Sri Lanka government. Successive Sri Lankan governments have done everything under the sun and enjoy international impunity. This is scandalous and cannot be justified.
The people of the North East have their historical claim, refusing to allow their culture to be obliterated, and their, legitimate right to self-determination to be trampled upon.
HEAD OFFICE:
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TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH
CENTRE TAMOUL POUR LES DROITS DE L'HOMME
(Established in 1990)
(UN accredited NGO to the World Summit on Information Society)
www.tchr.net
Ref : lX093/PR/2006 12 June 2006
Mahinda Rajapaksa and his brother ordered civilian killings
Ministry of Defence gives financial rewards for killings of civilians
“You killed civilians, children…. old people, pregnant women, saying all the time that you were fighting terrorism.”, said by Mahmut Bakalli, former Communist leader of Kosovo, during the trial of the late Yugoslavian President Slobodan Milosevic, at the international war crimes tribunal in The Hague.
At least after a genocide, world leaders who are GENUINELY committed to peace and justice will understand the pain and suffering of not only the Kosovans, but also the Tamils in the island of Sri Lanka.
We wonder what language is most suitable for us to use in informing the international community of the catalogue of ongoing killings of innocent Tamil civilians, including rape and murder of women and children, in the North East of Sri Lanka. It is the duty of every human rights activist and peace-loving citizen of the world to be aware of who provided the motivation and support for these killings.
Since the new President Mahinda Rajapaksa took office, we have heard nothing but the killing of innocent people. His own brother, an ex-Sri Lankan military official, Mr. Gotabhaya Rajapakse who is an American citizen is the Secretary of Defence. The Rajapaksa brothers and their schools mates and kith and kin from the South are the present military top brass and decision makers in the Defence Ministry in Sri Lanka. Also the key ministerial positions are dominated by people from the deep South.
The whole defence structure, including the paramilitary forces working with the Sri Lankan military intelligence, is directly under their command.
Last week TCHR officials contacted a well-reputed human rights activist in Colombo, concerning the many recent killings in the North East of Sri Lanka. The activist who does not want to be identified told us that : “Concerning any of these killings, it is useless you people contacting anyone in Sri Lanka! These killings are carried out on direct orders from President Mahinda himself. They (security forces and the paramilitary forces) are given orders to kill anyone in order to bring fear among the community and now they have the license from the EU as well!”
We were told the surprising fact that the Sri Lanka Ministry of Defence has a special rate/allowance/price list for the Paramilitary forces. These re-numerations, fixed by the Sri Lankan Ministry include the following: A person planting a Claymore successfully in the North East is paid twenty thousand (20.000 SL Rs) rupees, throwing a Grenade at an important target earns fifteen thousand (15.000 SL Rs) rupees and killing a prominent person is rewarded with one hundred thousand (100.000 SL Rs) rupees. There are various other cost lists, which TCHR could not obtain.
In addition to the paramilitary forces being paid to kill, it is now widely known that Sri Lankan security forces can kill and rape anyone of their choice in the North East with impunity.
On 10 May 2006 we published a detailed list of more than three hundreds killings. Now we would like to draw attention to some of the brutal killings including rapes of women and children, which have taken place in the very recent past.
On 8 June 2006, Sri Lankan soldiers in Vankalai, Mannar, brutally tortured and murdered a family of four including two children. The wife was raped before she was stabbed to death. The soldiers forced entry into the victims' house at midnight and used knives and the tools of the occupant’s carpentry trade to stab the members of the family to death. The children and their father were left dead and hanging by rope from the roof of their own home.
Mannar Additional Magistrate who visited the scene found a Sri Lankan military badge with star and soldiers bootprints.
Neighbours told the Additional Magistrate that they could identify the soldiers who are involved in this brutal killing and rape.
The victims are, Moorthy Martin (35), Mary Medaline (Chitra), 27, and their children – daughter Ann Luxica (9), and son Ann Nilxon (7).
Mannar Bishop, members of the Sri Lankan Monitoring Mission (SLMM), Parliamentarians and human rights activists have visited the scene. As a result of this massacre, the villagers from Bastipuri, Sukanthapuri and Thomaspuri have fled from the area.
On 13 May 2006, a similar method of massacre of eight innocent civilians took place in Allaipiddy in the Jaffna peninsula. Soldiers and the EPDP paramilitary cadres from the Mandaithivu Sri Lanka Navy camp, forced entry into a house at night in the adjoining village Allaipiddy and fired mercilessly on the sleeping innocent civilians killing eight members of two families including a small child and a baby.
A few days before this massacre Sri Lankan Navy personnel had harassed the residents of this house, demanding use of the premises. The victims had turned down the request of the Navy personnel.
Joseph Anthonymuttu (64), Kanesh Navaratnam (50), Abraham Robinson (28), Sellathurai Amalathas (28), Palachamy Ketheeswaran (25), his wife Anex Ester (23), their son Thanushkanth (4) and their baby Yathursan (4 months) were the massacre victims. Three others were seriously wounded and admitted to Jaffna Hospital.
Amnesty International issued a report about this massacre on 16 May 2006 stating that “In separate incidents over the past weekend, 13-14 May, at least 18 civilians were reportedly killed in the north and east of Sri Lanka. Thirteen Tamil civilians were reportedly killed in a spate of incidents on Kayts Island, a small islet off the north-western coast of the Jaffna Peninsula that is strictly controlled by the Sri Lanka Navy, which has a major base there.”
“……….However, Amnesty International has received credible reports that Sri Lanka Navy personnel and armed cadres affiliated with the Eelam People’s Democratic Party, a Tamil political party that is opposed to the LTTE, were present at the scene of the killings.”
On 7 June 2006, A pressure mine planted by the Sri Lankan Long Range Reconnaissance Patrol (LRRP), known as the Deep Penetration Unit (DPU), killed ten civilians, including five women and three children in a border village at Nedunkal in Vadamunai in Batticaloa. In this incident nine other wounded were admitted to Batticaloa hospital. Amongst the wounded were two babies of 3 and 8 months old. The paramilitary forces work very closely with Sri Lankan Deep Penetration Unit (DPU).
The names of the victims are: Sivanesan Sinthujan (6 months), S. Chandrakumar (10), S. Dineshkumar (11), T. Kavitha (20), S. Mathiyalakan (22), S. Mathimalar (24), I. Srima (33), K. Komathi (40), T. Thangaladchumy (48) and P. Sinnathamby (56)
On 30 May 2006, Paramilitaries entered the Sinhala settlement in the village of Rantharathenna in Omadiyamadu in Polonnaruwa District and hacked thirteen people to death and seriously wounded another two. This village was earlier used as a base by one of the paramilitary groups working with the Sri Lankan military intelligence.
On 4 May 2006, Sri Lanka Army soldiers at Navindil in Nelliyadi junction in Vadamaradchi opened fire on two three-wheelers killing all seven youths inside the vehicle on the spot.
All seven victims were from Karaveddy and are as follows : Selvarajah Suman (22), Veluppillai Vimalan (21), Navaratnarajah Nathanna (19), Subramaniam Subash (19), Palachandran Krishanthan, (18), Nagaratnam Naguleswaran (18) and Thamotharampillai Sharmilian (17).
On 7 May 2006, Eight missing young men including four students in Manthuvil East in Thenmaradchi in Jaffna peninsula are feared dead. According to the villagers, every evening at 7.00pm, the Sri Lankan army soldiers come to the temple area when the temple festival is in process. On that fateful day soldiers came to the temple area also at around10.00pm, where the missing young men were staying as guards to protect the temple property. To the surprise of the villagers, a military truck came to that spot at about around 1.00am and a few minutes later the villagers heard the firing of gunshots. Since then the young men who were on guard have been missing.
The villagers who went in search of the missing young men in the bushes near the temple, found three identity cards, six empty cases of bullets and also blood stained cloths.
The names of the young men, all from Kelakkai, Manthuvil East, feared dead and reported missing are: R. Sivananthamoorthy (35), K. Parimelalakan (29), M. Pushpakanthan (26), R. Rasakumar ( 24), S. Sivananthan (22), R. Thayaroopan (22), P. Parthipan (22) and V. Vaikundakumar (22).
The Sri Lankan Monitoring Mission (SLMM), has expressed fears, based on inquiries on the ground, that Sri Lankan government forces were involved in extra-judicial killings of civilians.
Amnesty International stated in their communiqué of 16 May 2006 that “Regardless of who is responsible for the attacks, the Sri Lankan government has obligations under international law to take steps to prevent such killings, to ensure that those who commit them are brought to justice, and that the families of those killed are able to obtain redress”.
While the killings are taking place, the Sri Lankan security forces are also carrying out round up and search operations of Tamil youths in all parts of Sri Lanka.
On 8 June 2006, twenty-one youths from Kaluvanachikudy, Eravur public market and its surrounding area were arrested in a roundup search conducted by the Sri Lanka Army.
Furthermore, an economic embargo to the Tamil area has been introduced and people in the North East are undergoing severe hardship without sufficient food, medicine supplies and other essential items.
We submitted information recently, for the consideration of the international Community, particularly EU officials, requesting the EU to carry out an impartial independent inquiry into these killings, in order that they might understand who is clearly behind these killings.
Prominent human rights activist, Ian Martin, once said, “The political killings are one of the most serious human rights issues, but the key problem there is to identify properly where the responsibility lies and that’s why I think an impartial mechanism could be of assistance.”
Article 2 of the Genocide Convention, defines the meaning of genocide as certain acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group. These acts include: a) Killing members of the group; b) Causing serious or bodily harm to members of the group; c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
The horrific rate of massacres of Tamils civilians over the decades and over these past months, points to the unfolding of precisely such deliberate and calculated actions. According to the definition in the Convention, genocide of Tamils is occurring in the NE of the island.
Therefore, there is an urgent moral imperative for the international community (IC) to look these facts squarely in the face. If not, the IC will be trampling on every human rights norm that exists, and will be complicit in genocide. Turning a blind eye, or taking action which exacerbates the situation, amounts to condoning and encouraging these brutal crimes against humanity.
We have documented catalogues of
massacres over the years. We appeal to the IC to recognise, and to name the actions of the Sri
Lankan government, for what th