Sri Lanka

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  • Tilt to war is not irreversible

    Many observers of Sri Lanka’s brewing conflict appear resigned to a new war as inevitable, often reasoning that the hawks on both sides are presently too powerful to resist. Unfortunately, the only perception more flawed than this sense of an unavoidable doom is that there is little the international community could have done to prevent this lamentable scenario from occurring. A close examination of the island’s political and military history, however, serves as a useful guide to how the present vicious cycle of violence could be prevented from spiralling to its bloody end.

    From the outset, the LTTE’s stated objective is the creation of a structure that provides a permanent condition of security for the Tamils. An independent state is, arguably, a security structure par excellence. The LTTE has expressed a willingness to consider alternatives, but physical security is the overarching goal. Moreover, the organisation has also reiterated it would pursue this objective via a negotiation process and, failing that, do so by military force.

    But one of the unstated yet well understood principles of the LTTE’s approach is to always negotiate only having achieved a reasonable degree of military parity with the state. This is an understandable position, as a lack of military parity would seriously reduce the likelihood of reaching an acceptable solution, particularly with respect to the security and political freedom of the Tamils. This basic principle is illustrated time and again when the historical conditions under which the LTTE engages in negotiations or refuses to do so are considered.

    Over a decade ago, President Chandrika Kumaratunga launched her infamous ‘war for peace’. Its notoriety amongst the Tamils stems from the unrestrained manner in which her administration and her armed forces waged the war, targetting the broader civilian population with a food and medicine embargo and indiscriminate use of heavy weapons.

    Leading up to that round of conflict, the Sri Lankan state was engaged in direct peace talks with the LTTE. However, even whilst engaged in discussions, the state was steadily arming itself preparing for a full-scale assault on the LTTE controlled – and densely populated - Jaffna peninsula. The peace talks broke down in an acrimonious exchange of accusations of bad faith and the Sri Lankan state subsequently launched its offensive taking control of Jaffna and driving the LTTE from its strategic ‘rear base.’

    With hindsight it is clear that the Sri Lankan state had achieved substantial military superiority during the negotiations, having received massive international support politically, militarily and financially to embark on its war. The ‘war for peace’, whilst waged in gross violation of international humanitarian law, had nevertheless been sanctioned by the world powers involved in Sri Lanka.

    But if the objective was the shortest route to stability, the international community had erred in its unstinting support of the Sri Lankan state. Despite the initial success of the newly equipped and trained military, by the turn of the century the state was on its back foot. In 2001, having retaken vast territories of the Northeast from the Army, the LTTE attacked the Katunayake air base-cum-international airport, seriously weakening the airforce and, worse, shattering the export and tourism based economy.

    It was under these conditions that Sri Lanka’s new premier, Ranil Wickremesinghe accepted the LTTE’s call for peace talks, initiated after the movement called a unilateral ceasefire. The LTTE, with its objective of securing a state of military parity achieved, engaged the Sri Lankan government in a peace process through which it expected to realise a semi-permanent state of security, namely through an interim administration.

    Indeed, the 2002 Ceasefire Agreement (CFA) made a promising start. The state pledged to restore conditions of ‘normalcy’ to the war-torn Northeast, withdrawing troops encamped in Tamil homes and public buildings such as schools and hospitals. The state also pledged to disarm Tamil paramilitary groups engaged as part of its counter-insurgency campaign.

    Thus, to the visible relief of the Tamils, it appeared the international community had finally stepped away from a policy of resolutely backing Colombo’s military solution and had instead begun to a policy of pressuring genuine concessions from the southern polity that could result in a permanent negotiated solution.

    But as months and then years passed, Colombo’s pledges fell by the wayside. Structures which were agreed to rehabilitate the Northeast became bogged down in bureaucratic disputes over control. The climax of this failed cooperation was the stillborn Post-Tsunami Operational Management Structure (P-TOMS); Sinhala nationalists used Sri Lanka’s judiciary to torpedo the tsunami aid sharing mechanism.

    Combined with a series of diplomatic snubs to the LTTE by the international community, it became abundantly clear that the state of parity with which the LTTE had entered the peace process was gradually ebbing away. One explanation put about by some analysts is that the defection of Karuna to Colombo had resulted in a perception that the balance of power had shifted away from the LTTE and therefore there was little reason to continuing to pressure Colombo, as the threat of conflict was now remote. Speculation the tsunami having wreaked havoc amidst the LTTE’s ranks debilitating its combat readiness was another possible factor.

    Whatever the logic, the gradual reversion to type of the international community stands in stark contrast to the balanced position it adopted whilst kickstarting the peace process. The Sri Lankan state, which had entered into the peace process in humility, is now emboldened by what appears to be a strident anti-LTTE position adopted by the international Community. The most recent victory for President Mahinda Rajapakse’s government is the ban on the LTTE by the European Union.

    As in the 1990s, the willingness of the international community to overlook the state’s gross human rights abuses against the Tamils has also lent weight to a southern consensus that the international community is firmly behind the state once more.

    Similarly, from the LTTE’s perspective, the objective of lasting security for the Tamils via a negotiated solution couldn’t be further away. Even the first round of negotiations in Geneva this year exposed the present administration in Colombo as an even less reliable and trustworthy negotiating partner than its predecessors. The Sri Lankan state did not only fail to deliver on its security-related pledges in Geneva, its spokesman flatly denied to its domestic constituency that such an agreement had even been reached.

    While failing to demonstrate any ability or willingness to pressure the Sri Lankan state toward implementing its obligations, the international sponsors of the peace process have resorted to demanding instead that the LTTE make concessions to move towards ‘peace.’ In spite of the fact that the first act of violence after the Geneva negotiations was the assassination by Army-backed paramilitaries of a popular Tamil politician, the international community has sought to blame the LTTE alone for the increasing violence.

    Furthermore, the international community has also rejected the LTTE’s position that it cannot negotiate whilst Tamil civilians are subject to violence by the Sri Lankan state. Indeed the message to the LTTE appears to be the gloves are coming off and it is those the Tigers claim to protect, the Tamil people, that are going to be punished most. It is an inescapable irony that it is the LTTE which is being listed in the EU whilst Tamils flee murders and massacres in Army-controlled areas to seek refuge with the Tigers.

    Since independence, Sri Lankan governemnts have time and again either unleashed or encouraged violence against the Tamil speaking people. Although this protest is raised time and again by almost every Tamil political actor, the failure of the international community to understand the impact this has had on the Tamil psyche has repeatedly resulted in consistently flawed policy decisions.

    The brutal fact of the matter is, regardless of what it is the international community believes it can threaten the Tamil people with, history has revealed that the implications of losing to the Sri Lankan state will be infinitely worse. The recent anti-Tamil riots in Trincomalee are testament to this reality.

    In order to understand how a new conflict can be prevented, the international community needs to recognise the objective conditions from which the two protagonists have previously entered into conflict. During the 1990s, Kumaratunga embarked on the ‘war-for-peace’ when her forces enjoyed a massive numerical and technological advantage over the LTTE. The LTTE, meanwhile, refused to countenance entering into negotiations from a position of weakness. Exactly the same dynamic was at play in the mid-eighties.

    But in 2001, having achieved military parity with the state, the LTTE pursued a negotiated solution, whilst the state, which had been severely weakened by the conflict agreed to a negotiate a path to powersharing. The problem, however, is that during the peace process the balance shifted once again in favour of the state. International support has been crucial in this regard. Colombo will now discuss nothing outside a unitary state and believes it is capable of military overwhelming the LTTE.

    Given the historical context, war is not inevitable but peace is only possible if the balance that has been maintained during the ceasefire is restored. The international community, for its part, has on occasion in the recent past demonstrated an understanding of the need for a balance of forces to maintain the peace. It is perhaps miscalculations such as those undertaken after Karuna’s defection and the tsunami that has allowed the situation to deteriorate to its present position. The question now is what does the international community do now to stabilise the tilt to war? The indications suggest nothing will be done. The Tamil people need to brace themselves for yet another ‘war for peace.’
  • US, EU blacken hopes for Tamils
    Desperate people do desperate things. The world has witnessed many instances where minority groups _ discriminated against, taken advantage of, and who want to attempt to improve their lot for their children’s future _ have resorted to violence against their oppressors. It is a human reaction that when requests and negotiations fail, people will fight, often physically, for their rights. Often when a government is the oppressor, the United Nations, a super power or a neighbouring alliance of countries, will put pressure on that government to show restraint and end the discriminatory practices.
    The United States has correctly branded Osama bin Laden, al-Qaeda and the pilots and hijackers aboard the 9/11 planes as terrorists. But President George W Bush is leading the White House and persuading its allies in misusing the label ‘‘terrorist’’ when referring to those minorities who are fighting, sometimes violently, their oppressors. These ‘‘Davids’’ of the world, in most cases, are only standing up to their ‘‘Goliaths’’ in the only way left to them after all else has failed.

    It is extremely hypocritical that while Mr Bush touts democracy as being a main reason for the invasion of Iraq, when the Palestinians duly elect their democratic government in a free and fair vote, Mr Bush and his White House colleagues refuse to deal with them. The Hamas government is labelled a terrorist organisation, when in fact the Palestinians are in a desperate fight against their oppressors.

    Last Thursday, under pressure from the US, the European Union agreed to label the Tamil Tigers in Sri Lanka as a terrorist organisation by June 1, unless it renounces violence. Yet the Colombo government historically discriminates against Tamils in Sri Lanka, limiting their education opportunities, denying them a place in government employment and restricting them in many other areas. This week, men in soldier’s uniforms gunned down an entire Tamil family and the second-highest Tamil Tiger leader was assassinated. Late last month, the Sri Lankan navy moved to close the shipping lane in the north which provides the only link to the outside world that the Tamils have. This vital transport route, if closed, would bring starvation and further destitution to the Tamils, so they retaliated with every means that they had available and a navy vessel was sunk with the loss of some sailors’ lives.

    When the tsunami struck Asia, it wiped out many homes and infrastructure in the region which is under the control of the Liberation Tigers of Tamil Eelam (LTTE), but international aid remains blocked and certainly no government expenditure has been forthcoming to this desperately poor area.

    In June 2003, the US, EU, Norway and Japan raised $4.5 billion in pledges of aid for the Colombo government but tied much of it to the progress of peace talks with the LTTE. Peace broker Norway has failed to bring the parties together for months as the supposed cease-fire continually is broken. Because no progress has been made in peace talks, it is unlikely these pledges will be called upon any time soon. This quartet of powerful nations is to meet again on May 30 to decide their future role in Sri Lanka.

    The LTTE’s political-wing chief, S P Thamilselvan called the EU move ‘‘shocking and surprising’’, and added that the Tamil people were ‘‘banking their hopes’’ on the peace process. For the US and EU to be blacklisting the already downtrodden LTTE is humiliating for them and sending them further into global isolation. The Tamils began their fight in 1972 and reports suggest 60,000 lives have been lost since then, with more than 200 dead in April alone. Blacklisting puts travel restrictions on their leaders, freezes bank accounts and puts in place other hurdles at a time when the only solution appears to be just the opposite.

    When the four big powers meet on May 30, they need to find a way to give the Tamil people some hope for the future. Because if not, desperate people do desperate things.

    Published May 24, 2006.
  • Allaipiddy empties after massacre



    Refugees who fled after an alleged military massacre on a northern Sri Lanka islet arrived at the inland Tamil Tiger capital at the weekend - and brought their fishing boats with them.

    The 120 people from 27 families were among about 300 families who fled their homes in Allaipiddy on the Sri Lanka navy-controlled islet of Kayts after the May 13 killings in which 13 civilians were killed, the refugees told AFP Sunday.

    “We are unable to go home while the military people are there,” said Xaviour Wilfred Kanista, 39.

    She and the others arrived Saturday night and were staying at the District Cultural Hall in Kilinochchi that serves as the “capital” of territory controlled by Liberation Tigers of Tamil Eelam (LTTE) in the northeast of the island.

    “Because of the safety” provided by the LTTE, they wanted to leave the government-held area, said Mardutheen Arulthas, 38, who was head of the local fishermen’s society in Allaipiddy.

    He and the others spoke through an LTTE translator.

    They had been staying at a church in Allaipiddy until international agencies helped them make their journey, they said in the sand-covered yard of the cultural hall.

    Six small fishing boats, some with nets inside still smelling of the sea, sat on the sand under the hot morning sun.

    Bicycles, bed frames, sewing machine tables and bags of other belongings also lay in the yard.

    Most of the other Allaipiddy refugees, currently at a church in northern Jaffna, also want to move to the rebel-held area, Arulthas said.

    The government has strongly condemned the killings and issued a statement saying they “could very well be a part of the LTTE strategy to divert international opinion.”

    But the civilians who fled Allaipiddy told a different story.

    They blamed the navy for the massacre, which happened two days after a Tamil Tiger suicide attack killed 18 crewmen on a navy gunboat.

    Abiragam Ganaseeli, 45, a thin-faced woman in a blue sari, said her fisherman son Abiram Robinson, 27, was among eight people killed at one location.

    The dead included the entire family of Keethes Waran, including his children aged four, and two months, they alleged.

    The refugees showed AFP a picture of a pretty young woman in a red dress whom they said was the childrens’ mother, who also was killed.

    None of the victims worked for the LTTE, the refugees said.

    Those who fled the area told AFP the navy had begun to “harass the people” in late April.

    “Out of fear all the people came and lived together in a two-storey house,” Kanista said.

    She and Ganaseeli said most residents subsequently left the house and sought refuge at a church but some remained -- and allegedly became the navy’s victims.

    Kanista said she could hear the early-evening gunfire from the church where she and the others were staying.

    At least two people witnessed the slayings and survived, she said.

    The massacre has further raised tensions in Sri Lanka where mounting violence has left a 2002 ceasefire in force only on paper.

    April was the bloodiest month in four years, with more than 200 deaths.

    Arulthas said he and the other men would like to get their boats off the sandy lot and back in the water.

    “We want to go to a fishing area,” he said.
  • Tamils flee to Vanni, India
    Amid increasing military brutality against Tamil civilians in government-controlled parts of Sri Lanka’s Northeast, there has been a sharp rise in people fleeing to LTTE-controlled areas and to southern India.

    At least 2000 Tamils have already reached India and several hundred more are believed to be ready to leave Sri Lanka, official sources told PTI.

    Two hundred and thirty four refugees have arrived in Rameshwaran on one day alone, Tuesday last week.

    Public Relation Officer of the Organisation for Eelam Refugees Rehabilitation (OFER), Mohan Sundarapandian, said that most of them were from Trincomalee where last month Sinhala rioters attacked Tamils whilst security forces stood by.

    The refugees have said that they fled the country as they were helpless without security, PTI reported. They have also said that there was no security in Trincomalee, no rule and and nobody to give protection.

    The refugees have first fled Trincomalee to the Mannar area from where they came by boats to Rameshwaran paying around Rs.10, 000.

    Sunderapandian said that authorities do not allow the refugees to go out from the camps and confined to the camps due to security reasons.

    Refuting reports of fleeing refugees, head of the Sri Lanka Peace Secretariat, Dr.Palitha Kohona called the reports malicious propaganda.

    “Trincomalee and Mannar are at two different ends of the country and there is government controlled line between the two”, he said.

    When told that the District Collector in Ramanadapuram in Tamilnadu has confirmed the story, Dr.Kohona said that this was incredible and difficult to believe.

    The Tamil National Alliance (TNA), the main Tamil political party in Sri Lanka has accused authorities of not doing enough to protect Tamils from violence by the security forces.

    “It is the responsibility of the government to protect every citizen in Sri Lanka. But Tamils are not protected,” MP Nadarajah Raviraj said.

    TNA parliamentary group leader, R Sampanthan told journalists “the security forces are behaving in a manner, totally hostile to the Tamil civilian population.”

    Strongly denying the accusations, the government accused Tamil Tigers of forcing civilians to flee “as a political strategy”.

    Planning Implementation minister Keheliya Rambukwella said civilians who fled Allaipiddy in Kayts Island (see separate story, this page) have admitted that the LTTE forced them to flee or “face consequences”.

    “This is a long-established terrorist strategy,” the minister told BBC Sandeshaya.

    Meanwhile, Tamils who fled from violence-hit Sri Lanka on Saturday expressed their gratitude to the Indian Navy and Coast Guard for rescuing and bringing them to refugee camps in Tamil Nadu.

    Sivaranjani from Arichalmunai in Northern Sri Lanka, now at the Mandapam transit camp, narrated her horrifying experience to reporters. Their fibreglass boat carrying 50 refugees was tossed in the rough sea, drenching her two-month old baby.

    “The journey was a nightmare and I could not even get milk for the baby before leaving the island. We were also dropped on a sand dune.” Starved for over four days, the Indian Navy who saved them, she said.

    Another mother, Sasikumari, whose new-born baby was also completely drenched, reached the Indian coast Wednesday. She said their party of refugees were hiding in a jungle for two days without food before leaving Sri Lanka, fearing arrest by the armed forces there.

    Meanwhile, in the wake of a horrific massacre by of 13 people in Allipiddy, most of the Tamil civilians living in that islet off the coast of Jaffna have fled their homes and moved into LTTE controlled territory.

    Amnesty International said it had “received credible reports that Sri Lanka Navy personnel and armed cadres affiliated with the Eelam People’s Democratic Party, a Tamil political party opposed to the LTTE, were present at the scene of the killings.”

    The Tamils Rehabilitation Organisation (TRO) is providing temporary dwellings, food and transport facilities to the growing number of refugees moving into Vanni from Jaffna islets.

    Following the Allaipiddy murders, the entire population of the village evacuated, followed by more than ten families from the neighbouring villages of Velanai and Suruvil.

    The families left the islets after the Jaffna Government Agent (GA) and representatives of local non-governmental organisations were unable to guarantee the security of the residents.

    Even the evacuating families were harassed by the SLA, with troopers at the Muhamalai checkpoint initially turning back half the families, demanding written permission from the Government Agent (GA) of Jaffna allowing them to move into the Vanni with all their possessions.

    Some reports suggested that as soon as the residents vacated, preparations got underway to build a new SLN camp in Allaipiddy.
  • Balasingham: Sri Lanka can still avert new war
    Sunday Times: Mr Balasingham, the LTTE is fighting – they are fighting shy of peace? Are they not?

    Balasingham: The LTTE is seriously committed to peace and negotiated settlement. During the last four years, since Ranil Wickremesinghe assumed power, we have made every attempt to seek a negotiated arrangement to resolve the immediate and long standing problems of our people. Peace talks with Ranil’s administration could not progress due to the obstructionist and confrontationist policies of President Kumaratunga.

    We participated in the peace talks with President Rajapakse’s government in the earnest with the hope of stabilising peace and normalcy through effective implementation of the CFA. We strongly believed and continue to believe that the peace process should be undertaken on a strong foundation of peace, for which the stabilisation of the truce accord is extremely crucial. Unfortunately, contrary to our expectations, the Sri Lankan army backed Tamil paramilitaries, soon after the Geneva talks, launched offensive assaults on LTTE’s border positions in the east, seriously disrupting the peace environment. The government’s attitude to paramilitary violence against the LTTE was hypocritical and deceitful. In total contradiction to the pledge given at the Geneva talks, the government refused to rein in Tamil armed groups and denied the very existence of such groups in the military occupied areas.

    I should say in all honesty that the failure on the part of the Sri Lanka government to create a conducive atmosphere of peace and goodwill by containing paramilitary violence is the primary cause of the current turbulent situation and the stalemate in the peace process.

    Sunday Times: The government refused theatre to theatre transport for the LTTE leaders, but agreed to peace process related travel and escorted surface transport, navy ferry and the option of a civilian ferry. Was this not good enough for the LTTE? If so why was that?

    Balasingham: It has been the agreed modality, ever since the CFA, to provide theatre to theatre air transport for senior regional commanders of the LTTE. We cannot understand why such an agreed practice was suddenly suspended. A Central committee meeting, with the participation of regional leaders prior to crucial sessions of peace talks, is vital to prepare issues for negotiations. The LTTE leadership was eager to discuss the volatile security situation in the east due to increasing paramilitary violence. Therefore, this is also a peace related mission. If the government had adopted a congenial attitude and provided Air force helicopter transport as a goodwill measure to enhance the peace process, the negotiating process would have continued, avoiding the current war like situation.

    The modalities proposed for surface and sea transport, in our opinion, were too risky for the safe passage of senior LTTE leaders. We could not take chances with paramilitaries on the ground and the hostile navy on the seas.

    Sunday Times: Will the LTTE allow the Sri Lanka Airline engineers in to do depth checks for landing of float planes so that they can land safely in the Wanni?

    Balasingham: The LTTE is prepared to allow them. But this is not the issue now. The government is refusing to grant permission for the LTTE commanders to carry personal weapons intended for their safety.

    Sunday Times: The government is accusing the LTTE of a string of ceasefire violations. Minister Nimal Sripala de Silva gave a catalogue of LTTE violations in April to Parliament this week. The Minister said the LTTE is trying to create a communal riot once again. What do you say to this?

    Balasingham: This is a typical mode of accusation levelled against the Tamil Tigers ever since the July 83 racial violence that followed the LTTE’s ambush assault on Sri Lankan soldiers at Thinnavelly, Jaffna. At that time, the LTTE, even in its wildest dreams, would not have anticipated a racial holocaust of that scale, emanating from a minor military incident.

    Racial riots and mass killings of Tamils have occurred even before the birth and growth of the LTTE. We deeply despise racial violence since it has always been the Tamil community who has faced enormous suffering in terms of mass scale destruction of life and property. The elements of political sympathy that may be generated in India or from the outside world cannot compensate for the monumental tragedy that could befall our people in the event of racial riots. Therefore, the government’s propaganda that the LTTE is bent on creating situations to provoke communal violence against its own community is malicious and preposterous.

    Sunday Times: Your Peace Secretariat handed over a dossier of alleged violations by security forces to visiting Japanese Special Envoy, Yasushi Akashi. He told a news conference in Colombo that relations between the government and the LTTE have ‘never been worse’ since the CFA of February 2002. What do you say to this? Did the LTTE leader, Velupillai Prabakaran send a message to President Rajapakse through Mr Akashi?

    Balasingham: I agree with Mr Akashi’s characterisation of the current relations between the parties in conflict has not been worse since CFA. The Tamil paramilitary violence has escalated ferociously since President Rajapakse assumed power. Karuna’s armed men in the east and the armed EPDP cadres in the Jaffna peninsula launched a series of violent attacks on LTTE cadres. Prominent Tamil politicians, civil society leaders, popular journalists and innocent civilians sympathetic to the LTTE have been brutally eliminated. Almost all these killings have taken place in the government controlled areas with the active connivance of the state’s security forces. We have ample evidence to substantiate our allegations.

    At the Geneva peace talks during February this year we presented a comprehensive dossier to the government delegation providing details about the existence, functions, command structures, leadership and locations of camps of Tamil paramilitary organisations and secured a written assurance from Rajapakse’s administration that these armed groups would be disarmed in accordance with the obligations of the CFA. The LTTE also agreed to strictly maintain peace and take all necessary measures to cease all acts of violence against the security forces and police. In accordance with our commitment we strictly observed peace before and after the peace talks, putting an end to all hostile acts. To our deep disillusionment, the GoSL has not only failed to take any action to disarm or contain Tamil paramilitary groups, but also denied their very existence in the government controlled areas. Following the Geneva agreement the paramilitary violence escalated manifold. During the first week of March Karuna’s armed group, with the active backing of Sri Lankan troops, attacked LTTE forward positions in Batticoloa and Trincomalee inflicting serious casualties on our cadres. These incidents were followed by a series of civilian killings in Batticoloa and Jaffna. The brutal murder of Mr Vigneswaran, a prominent Tamil leader on the 7 April, by paramilitaries with the connivance of the security forces, became the critical tuning point in the escalation of violence and counter violence.

    The government’s calculated reluctance to contain the violence of paramilitaries against the LTTE and the Tamil civilian population, is the primary cause of the current turbulent war like situation, which has ‘never been worse’ since the CFA, as Mr Akashi has rightly observed.

    Our leader, Mr Vellupillai Prabakaran did not send any message to President Rajapakse through Mr Akashi.

    Sunday Times: The LTTE has been accused of claymore mine attacks on government troops that have led to over 150 deaths. What do you say to this?

    Balasingham: The LTTE leaders in Wanni have already clarified that militias of the Tamil resistance movement, opposed to Sinhala military occupation and repression, have been carrying out these subversive operations. Unable to comprehend and identify this phenomenon of resistance, the Sri Lanka security forces are unleashing violence, killing with impunity innocent Tamil civilians as collective retaliatory punishment of the whole Tamil society, thereby committing blatant acts of genocide.

    Sunday Times: There is controversy now about the use of the sea by the LTTE. This is the result of a belated ruling by the SLMM. What is the LTTE’s position?

    Balasingham: The ruling of the SLMM, denying the right of sea movement of the LTTE’s naval force, is unwarranted and imprudent at this critical conjuncture. I do not understand why the monitors have made this uncalled for pronouncement on a disputed issue extremely sensitive to the parties in conflict, thereby creating controversy over maritime rights and conflictual situation at sea. I do not wish to elaborate on this matter since Mr Tamilselvan is dealing with this issue with the SLMM, seeking advice from international lawyers.

    I can only say that the LTTE, possessing a powerful naval force, is an indisputable fact, an existential reality. During the times of war, before the signing of the CFA, the Sea Tiger naval wing played a crucial role in major sea and land battles and posed a serious threat to the Sri Lankan navy. Though the CFA did not specify modalities for the freedom of mobility of Sea Tiger vessels, this matter has been subjected to continuous discussion between the LTTE and the monitors. It is a well known fact that General Tellefson, the former Head of the SLMM was forced to relinquish his post by President Kumaratunga when he called for legal recognition of the LTTE’s naval wing. I think the present Head of the SLMM, General Ulf Henricsson should have studied the history of this dispute before making his provocative ruling.

    Sunday Times: Is the LTTE happy with the role of the SLMM? Do you believe they are acting impartially? Do you believe they have been consistent?

    Balasingham: On the whole I would say the SLMM has been doing a wonderful job in spite of the difficult task and formidable challenges. They have displayed impeccable integrity and their impartiality is unquestionable.

    However, recently we are disappointed with the monitors premature, unnecessary statement on the LTTE’s right to sea mobility. What has further disturbed us deeply is the SLMM’s retraction of their original statement proclaiming the truth that the ‘government security forces have, in the north and east, been involved in extrajudicial killings of civilians’. The SLMM suffered a serious loss of credibility and reliability when they were forced to withdraw their well founded judgement under hostile pressure from the government. This shameful retraction by an international body tasked with a delicate responsibility of dealing with life and death of civilians, had far reaching negative consequences. Emboldened by the peace monitors’ retraction and encouraged by the silence of the international actors, who consistently praised the government for its restraint – extrajudicial killings of Tamil civilians by the Sri Lankan security forces, have escalated manifold. In this context the Sri Lankan government should also be criticised for undue interference in the delicate task of peace monitoring.

    Sunday Times: Sections of Sri Lanka’s political establishment, like the JVP for example, say that Eelam War IV has already begun. What do you say to this?

    Balasingham: More than anybody, the political organisation who wants war is the JVP. Like flies feeding and fattening on filth, the Marxists assume that they can enhance their political position, propagating a false sense of patriotism if war breaks out with mass scale death and destruction.
    The JVP leaders have a distorted perception of reality. Conceiving the Tamil struggle for self-determination as a phenomenon of terrorism, they falsely believe that war is the only solution to eradicate ‘Tamil terror’, without realising the catastrophe the country as a whole would face in the event of a full scale military conflict.
    I do not think Eelam War IV has already begun. What has developed now is a low intensity conflict with a dangerous potential for further escalation. The objective conditions for an outbreak of war are developing. Yet, there is still a space in which meaningful steps could be taken by the government to contain the violence of the paramilitaries and the excesses of the armed forces and create a congenial environment for de-escalation.

    Sunday Times: Quite clearly the Karuna factor is a major issue for the LTTE. How do you and the LTTE leadership feel about this? This is particularly in view of the fact that the LTTE said earlier that this was an internal issue.

    Balasingham: You are aware that Karuna’s rebellion was successfully crushed with minor casualties and the LTTE was able to take control of territory and command in the Batti-Amparai region, forcing Karuna to flee to safety. It is true that we characterised the conflict as an internal dispute and urged the government not to interfere in the matter. But to our dismay we learned later that the Sri Lankan government, particularly the state’s military intelligence agency, had decided to back-up Karuna, providing all facilities to build his group as a paramilitary organisation to fight the LTTE. Karuna factor became a major issue when his armed group, in collaboration with the Sri Lankan armed forces, launched a series of ambush attacks on LTTE cadres and murdered with impunity a large number of our civilian supporters. The Sri Lankan defence authorities seem to believe that Karuna is a military asset to be utilised effectively to weaken the LTTE and to destabilise the east through terror and by propagating the ideology of regionalism. Unfortunately, this subversive strategy by the government has brought the country to the brink of disaster.

    Sunday Times: The LTTE, by banning presidential polis in the north and east, ensured the victory of Mahinda Rakapakse as the fifth executive President of Sri Lanka. How does the LTTE look at this position? Do you feel you made a mistake? Or, do you feel he has not seized the opportunity to address the issues raised? What are your comments?

    Balasingham: The LTTE and the TNA jointly urged the Tamil people to boycott the Presidential elections as a collective protest by the Tamil nation, expressing disillusionment over the failure of the Sri Lankan political system to resolve the ethnic issue. Our motive was certainly not to ensure the victory of Mahinda Rajapakse or to cause the defeat of Ranil Wickremesinghe. We never anticipated that the Tamil boycott would help Rajapakse to win with a thin majority.
    We are also deeply disappointed with President Rajapakse for failing to grasp the opportunity to address some urgent issues faced by the Tamil community.
  • ‘We won a mandate backing the LTTE’
    The Tamil National Alliance (TNA) which consists of 22 Tamil Members of Parliament of the 23 Tamil Members elected to Parliament from the Northeast of Sri Lanka, the areas of historical habitation of the Tamil speaking people, and as the Party that has consistently polled well over 90% of the Tamil votes cast in the Northeast at consecutive elections, met to consider the Resolution that was recently passed in the European Parliament pertaining to the current situation in Sri Lanka. The TNA wishes to make the following observations: -

    1. The conflict between the Tamil Nation and the Sri Lankan State arose because of the systematic refusal of the Sri Lankan State to accommodate Tamil political aspirations to exercise the right to self-determination. All attempts by the Tamil political leadership according to the democratic mandates given by the Tamil people to peacefully arrive at reasonable solutions to evolve a system of government for Sri Lanka that permit the Tamil people to freely determine their political status and freely pursue their economic, social and cultural development in the areas of their historical habitation in the Northeast of Sri Lanka have been consistently, systematically and unilaterally denied by the Sri Lankan State for over 55 years.

    2. In turn the Sri Lankan State while pursuing unjust legislative and executive actions against the Tamil people, adopted violent repressive measures to further subjugate the Tamil people and deny them any meaningful part in the governance of the State, particularly in the areas of historical habitation of the Tamil speaking people that is the Northeast of Sri Lanka.

    3. It is in this backdrop that the Tamil National struggle that started seeking self-determination through non-violent intra-state territorial nationalism that in fact explicitly rejected separatism, transformed into separatist nationalism. Even in the case of the latter, Tamil separatist nationalism further transformed from a non-violent struggle to an armed struggle. The TNA wishes to reiterate that the single causative feature that triggered the evolution of the Tamil National struggle has been the intransigence of the Sri Lankan State in its refusal to recognise the Tamil People’s right to self-determination and share power on the one hand, and its violent repression against the initial 30 year non- violent Tamil demands on the other.

    4. In the current phase of the Tamil National struggle that has lasted over the last two decades, it is the Liberation Tigers of Tamil Eelam (LTTE) that has ascended to becoming the predominant politico-military organization commanding the support of the Tamil people. The Tamil people are acutely aware that the current peace process that commenced with the signing of the Ceasefire Agreement (CFA) in February 2002 arose not as a result of the LTTE being militarily weakened or defeated, but rather as a result of the Sri Lankan State failing to achieve a military solution despite strenuously attempting to do so. In fact it is this reality, coupled with the fact that the LTTE had taken control of substantial territory that comprised the areas of historical habitation of the Tamil speaking people in the Northeast of Sri Lanka and had successfully established a parallel de-facto State, that compelled the Sri Lankan State to enter into a CFA.

    5. Consequently, the current peace process is a reflection of the strategic balance of power that exists between the Sri Lankan State and the LTTE as reflected by the aforestated ground realities. This includes all the military formations possessed by the LTTE, including the Sea Tiger naval wing.

    6. It is in full recognition of this reality and the overwhelming support enjoyed by the LTTE amongst the Tamil people, both in Sri Lanka and abroad, that the TNA as a mark of solidarity sought and received a resounding mandate from the Tamil people at consecutive elections recognizing the LTTE as the authentic and sole-representatives of the Tamil people at any peace process. The most recent demonstration of this mandate being the overwhelming victories enjoyed by the TNA at the recently concluded Local Government Bodies elections wherever held in the Northeast of Sri Lanka.

    7. The cause of the current crisis in the peace process is the escalating cycle of violence between the LTTE on the one hand, and the Sri Lankan Armed Forces and Paramilitary armed groups on the other. This violence has been characterized by the former head of the Sri Lanka Monitoring Mission (SLMM) as a “shadow war”. Whilst Sri Lanka has been gripped by this violence despite the CFA, this violence has become particularly acute in the past few months since the new administration of President Mahinda Rajapaksa assumed power in November last year.

    8. The primary cause of the current violence has been due to the refusal of the Sri Lankan State to implement key provisions of the CFA that obligates the State to disarm and dismantle Paramilitary armed groups in the Northeast of Sri Lanka. On the contrary the Sri Lankan State has been supporting and working with new Paramilitary armed groups in the Northeast of Sri Lanka that have been involved in targeted killings of LTTE members, prominent TNA political leaders including elected parliamentarians, leaders of Tamil Civil Society, Tamil humanitarian workers, and prominent Tamil journalists.

    9. Particularly, in the past few months, as several local and international observers, including the SLMM have noted with alarm, the Sri Lankan Armed Forces along with its Paramilitary armed groups have been involved in extra-judicial killings of Tamil civilians. Further, in retaliation for attacks on the Sri Lankan Armed Forces, the Sri Lankan Armed Forces have carried out punitive aerial bombardments and indiscriminate shelling from land and sea of Tamil civilian residential areas, killing and grievously injuring several Tamil and Muslim civilians, and displacing tens of thousands of Tamil civilians. Large numbers of such persons have fled across the sea to India, and in so doing, there have been several casualties.

    10. It was in a very grave situation that the Sri Lankan State and the LTTE met in Geneva in February this year and agreed to the full implementation of the CFA by both parties. The Sri Lankan State and the LTTE particularly committed themselves to taking all necessary measures to ensure that there will be no intimidation, acts of violence, abductions or killings. Further, the LTTE committed itself to taking all necessary measures to ensure that there will be no acts of violence against the Sri Lankan Armed Forces and the Police. The Sri Lankan State in turn committed itself to taking all necessary measures in accordance with the CFA to ensure that no armed group or person other that the Government Armed Forces will carry arms or conduct armed operations. The parties also agreed to meet again in Geneva from the 19th to the 21st of April 2006.

    11. A close look at the events consequent to the agreements reached in Geneva will clearly show, all hostile acts against the Sri Lankan State Armed Forces and the Police were brought to an end. However, the Government delegation no sooner that they returned to Sri Lanka began to behave in a manner that was disrespectful, and undermined the said agreements. Further to this, the Government also failed to take any action whatsoever to disarm and dismantle the functioning of the Paramilitary armed groups. Contrary to this, the violence and killings by Paramilitary armed groups against the Tamil civilian population and the LTTE escalated many fold. The fact that the Paramilitary armed groups worked together with the Sri Lankan State Armed Forces in all these activities is well known.

    12. There can be no doubt that despite the agreements reached in Geneva, the unabated violence by the Sri Lankan State Armed Forces and its Paramilitaries against the LTTE and Tamil civilians, which also included the assassination of Mr. V. Vigneswaran, the prominent TNA member who was to be appointed as a National List Member of Parliament to take the place of the late Mr. Joseph Pararajasingham who was also assassinated by the Sri Lankan State Paramilitary Forces, is what triggered counter-attacks against the Sri Lankan State Armed Forces and Paramilitary groups.

    13. As such, recent events more than ever before have demonstrated yet again to the Tamil people that not only are the Sri Lankan State Armed Forces not going to be affording any protection to the Tamil people, but more importantly, the Tamil people in fact need protection from those very same Sri Lankan State Armed Forces. Therefore there is no doubt in the minds of the Tamil people that the LTTE’s military formations is something that is directly linked to the Tamil people’s need for human security and deterrence against repressive measures by the Sri Lankan State Armed Forces.

    14. The TNA also points out that though the primary objective of the CFA was the evolution of a peaceful political solution, the Sri Lankan State has never demonstrated a genuine commitment to take forward the political process in a meaningful way. This was amply demonstrated by the deliberate scuttling of the commencement of negotiations on the proposals for an ISGA submitted by the LTTE in 2003, and the abrogation of the agreement between the Sri Lankan State and the LTTE regarding the Post-Tsunami operations Management Structure (P-TOMS). The Sri Lankan State and leading members in the political hierarchy in order to fulfill their personal political ambitions have been more concerned with pacifying Sinhala chauvinism and extremism than with the achievement of progress in the political process. Such attitudes on the part of the Sri Lankan State have raised legitimate concerns about the genuine commitment of the State to peacefully resolve the Tamil question. It is imperative that the frustration caused to the Tamil people and the LTTE by such an attitude on the part of the Sri Lankan State is properly understood.

    15. This situation has been exacerbated by (i) the failure on the part of the Sri Lankan State to honestly implement the February Geneva agreement, (ii) the killing of around 200 Tamil civilians in the Northeast since the February Geneva agreement (iii) deliberately impeding the LTTE and complicating its efforts to prepare for the further round of talks. These actions of the Government clearly demonstrate that though the Government verbally reiterates the desire to engage in dialogue with the LTTE, every action of the Government is directed towards thwarting of such dialogue.

    In the above background the TNA urges that no action be taken which casts the blame on one side. Such a step can irretrievably harm the legitimate interests of the long-suffering Tamil people. It would also strengthen the hands of Sinhala chauvinists and extremists who oppose a just and honourable resolution of the Tamil question. It also provides an opportunity to the intransigent Sri Lankan State to evade its responsibility to meaningfully move towards progress in the political process.

    The TNA on behalf of the Tamil speaking people appeals to the European Union and the International Community for a more even-handed approach.

    Signed

    R. Sampanthan MP (Leader of the TNA Parliamentary Group)
    Mavai Senathirajah MP (ITAK General Secretary)
    Suresh Premachandran MP (EPRLF Secretary General)
    Selvam Adaikalanathan MP (TELO President)
    G. G. Ponnambalam MP (ACTC General Secretary)
  • Tamils never approved the Sinhala constitution
    Ceylon was granted independence in 1948 under the Soulbury Constitution which conformed to the well established constitutional principles of separation of powers and rule of law. The inhabitants of the island through their representatives had agreed unanimously on this constitution for governing the island. This constitution made the island a unitary state and the minority communities agreed to this structure on account of Article 29 of the constitution which prohibited discrimination.

    However, the Sinhala majority soon began to pass anti-minority, discriminatory legislation such as the Official Languages Act. Matters came to a head in an unrelated case that arose in 1964 – the Bribery Commissioner v Ranasinghe which reached the Privy Council. Analysing the law making powers of Parliament as contained in Article 29 their Lordships of the Judicial Committee of the Privy Council stated that “Article 29 represents the solemn balance of rights between the citizens of Ceylon, the fundamental conditions on which they accepted the constitution and these are unalterable under the constitution”.

    Thus Article 29 could not be amended even with a two-third majority in the House of Representatives. Thus all discriminatory legislation including the Official Language Act were rendered invalid. The only way open to the Sinhala majority to get rid of Article 29 was to get rid of the whole constitution using a two-third majority in the House of Representatives and then draw up a new constitution that allowed discrimination.

    All Sinhala political parties were united in this aim. The SLFP-LSSP-CP alliance led by Srimavo Bandaranaike campaigned for the 1970 general election asking the Singhalese people to give them this two-third majority needed to abolish the Soulbury constitution. The general election gave them a landslide victory and they secured the two-third majority.

    Srimavo then went about dismantling democracy in Ceylon. First the upper house (Senate) was abolished. Then the right of appeal to the Privy Council was abolished. The government declared that all elected members of the House of Representatives were concurrently members of a parallel body called the “Constitutional Assembly” and went about drafting a new constitution.

    The Federal Party initially attended the Assembly but when their suggested amendments to protect the Tamils were rejected they walked out. So the constitutional procedure was a sham.

    The draft produced by the Sinhala MPs ignoring Tamil rights was not then put to a constitutional referendum which would have resulted in all the Tamils totally rejecting it. The draft was produced and approved by the Sinhala MPs in the House of Representatives.

    The move was a legal nonsense. It is the people who are sovereign, not parliament, which is only an elected body. The draft had no legal status until it has been validated by the people in a constitutional referendum. It is not even an approved draft because the Tamils MPs did not approve it. In 1977 the UNP alliance won a two-third majority and similar constitutional sham was repeated by the newly elected Sinhala MPs producing a new draft.

    By way of comparison, in 1993 post-Soviet Union Russia produced a proper new constitution when the draft approved by the assemblies of the various the states and regions was validated by a constitutional referendum. In 1994 South Africa held a constitutional referendum to validate a new draft constitution produced by the elected members of the assembly. A few months ago a new constitution was brought into force in Iraq by a referendum.

    The Tamils around the world should call for an international constitutional court to examine the constitutional process in Sri Lanka, allowing both the majority and minority communities to present historic evidence.

    There is a recent precedent for such a move. In March 2001 an international constitutional court comprising a panel of 5 international and Commonwealth judges heard the dispute (the two sides were represented by British barristers) and declared that the Fiji military takeover of government was illegal and made to resign.
  • US engaged in active dialogue with India on Sri Lanka
    The US has said it was engaged in an “active dialogue” with India on the developments in Sri Lanka, where the stepped up attacks by Tamil Tigers were particularly “very troublesome,” but stressed that it was up to New Delhi to decide the kind of role it wanted to play.

    The violence in Sri Lanka was “very, very disturbing” and the stepped up LTTE attacks showed that the rebels were proceeding towards war rather than keeping the focus on peace talks with the Colombo government, Assistant Secretary of State for South and Central Asia Richard Boucher said in an interview to PTI at the State Department here.

    Asked what role the US would like New Delhi to play, Boucher replied: “That is for India to decide. That is where we have an active dialogue with India but ultimately how much India should do, how it wants to work with the international community that will be for India to decide.”

    “First of all we are interested in the Indian view. Second we are interested in Indian thoughts on how the international community should proceed but we are also looking to enhance our cooperation with India,” the senior State Department official said.

    The US supported the efforts of Norway to get the parties -- Sri Lankan government and the LTEE -- back to the peace table, he said, adding Washington was looking forward to discussions in Tokyo next week with other countries and at which time it might make a more specific comment on where the situation in the island nation was heading.
  • Colombo says no to UN force
    The Sri Lankan government said on Saturday that it had no plans to invite a UN peacekeeping force.

    “There is no proposal for deployment of United Nations forces,” said the Minister of Information, Anura Priyadharshana Yapa in a statement.

    Main opposition United National Party (UNP) MP, Dr Rajitha Senaratne, had made a statement that if the government failed to curb violations of the ceasefire, deployment of a UN peacekeeping force might become inevitable.

    He said the emerging scenario was such that active members of the UN would suggest a peace keeping force be sent to contain the situation in Sri Lanka.

    “Sri Lankan Government will not be able to stop the UN from sending its troops if the UN decided to do so,” Dr. Senaratne said.

    He said the UN would not have any other option but to divide the country and accept the North and East as a separate state if its forces failed to bring lasting peace and said there were 21 such countries which were on the verge of being divided.

    Reacting to this, Yapa wondered if the UNP was in an “unholy alliance with the LTTE to divide the country.”

    The UNP MP’s statement on UN forces was “causing irreparable damage to the sovereignty and unity of the country,” the Minister said.

    He wondered if the rest of the UNP shared Dr Senaratne’s view.

    Lashing out at the JVP and the JHU, allies of President Mahinda Rajapakse, which have already objected to UN forces being introduced ins Sri Lanka, Dr. Senaratne said these parties were acting in ignorance. “These people were not aware that no one in Sri Lanka can stop a UN force arriving here in case such situation arises here,” he said.
  • SLMM confirm deep penetration raids, extrajudicial killings
    International truce monitors this week said they believed reports Sri Lanka Army troops were conducting Deep Penetration raids into Tamil Tiger controlled areas, killing several civilians. Their comments came as the LTTE said its frontlines to the north and south of Vanni were attacked by infiltrating SLA soldiers. Meanwhile, the international monitors also said Sri Lankan security forces are responsible for extrajudicial killings with the troops so unconcerned as to the consequences as to not even provide plausible denials.
    The Nordic-staffed Sri Lanka Monitoring Mission (SLMM) office in the northern town of Vavuniya told Reuters Monday it has recorded at least seven attacks in LTTE-controlled areas, including several on civilians.

    The monitors believe military patrols are working alongside anti-Tiger Tamil armed groups.

    “We believe that the Sri Lankan army and Tamil armed groups are operating behind LTTE lines,” truce monitor Bernt Gulbrandesen told Reuters. “There are so many incidents it has to be an organized thing.”

    Monitors also said that paramilitaries of the Karuna Group were being deployed in Vavuniya.

    “I firmly believe that Karuna is going around this area,” Mr Jouni Suninen, head of the district office of the SLMM in Vavuniya told Reuters.

    “We have eyewitnesses who tell us they have seen Karunas around. I cannot see how they could be operating here without the support of the army.”

    Sri Lanka’s military and government reject accusations that there are backing the renegade LTTE commander in a campaign against the LTTE.

    Howver, the monitors in Vavuniya told Reuters they are confident they have evidence. They say they believe Karuna’s men are operating from army camps and carrying out attacks behind rebel lines.

    “We have eyewitnesses telling us that they are based in army camps,” said Mr Suninen.

    Reuters quoted the Tigers as saying the first attack on them in their controlled areas was a claymore fragmentation mine ambush on a LTTE political wing leader in January, during a spike in violence that preceded a first round of peace talks in Switzerland.

    Last week truce monitors said probable Tamil Tiger attacks on the military have been followed by disappearances and open killings of Tamil civilians.

    “We have very strong indications that at least part of the government troops have been involved in these killings,” Suninen, an Finnish ex-army officer, said.

    “The pattern is clear,” he added. In one case, a civilian was killed 60 metres from an army checkpoint. The soldiers told the monitors they heard nothing.

    Suninen said at least 40 people have been killed in the last month by suspected Tigers, soldiers or associated groups around Vavuniya, just beyond the southern border of LTTE-controlled Vanni.

    For the first time, the monitoring mission’s field staff were authorised to speak on the record about what they had found. They say publicity is the only weapon they have.

    The monitors say suspected military killings target civilians believed to be LTTE-linked.

    Ponnuthurai Thayanithi, 27, killed last week, had one sister who had died fighting for the Tigers but was not believed to have any direct link. Police initially refused to come and inspect the body, said Heiskanen.

    “This is where the girl was killed in the middle of the day,” Heiskanen said. “As you can see, we’re about 60 metres from an army checkpoint. There are always three soldiers there. The girl had two bullets in her head. They didn’t hear or see anything.”

    Heiskanen said he asked the soldiers why they had not noticed the killing taking place within sight and earshot. They said that as the shots were fired, there was a particularly strong gust of wind, so they had heard nothing.

    “I said ‘how do you know what was the exact time?’“ he said. “It is ridiculous. They don’t even try to make things up.”

    People have disappeared at government checkpoints and turned up dead. A white van seen before some of the killings appears to have moved with impunity through checkpoints and in one case was reportedly seen leaving an army camp, the monitors say.

  • Co-chairs lay out demands, warn Sri Lanka and LTTE
    A day after the European Union proscribed the Liberation Tigers as terrorists, the EU joined the other Co-Chairs of Sri Lanka’s donors – the United States, Japan and Norway – to warn of more punitive measures unless there is progress towards de-escalating the violence gripping the island.

    The Co-Chairs also said that Norway had come up with a number of proposals for a final solution to the conflict which they (Co-Chairs) had endorsed and would be unveiled “soon.”

    “[Meanwhile] the Co-Chairs call on both parties to take immediate steps to reverse the deteriorating situation and put the country back on the road to peace,” the quartet, who met in Tokyo Tuesday said in a statement.

    Spelling out specific steps expected of the LTTE to take, they warned “The international community will respond favourably to such actions; failure to do so will lead to deeper isolation of the LTTE.”

    Laying out a set of expectations of the Sri Lankan state, the Co-Chairs declared, equally ambiguously: “The international community will support such steps; failure to take such steps will diminish international support.”

    The LTTE, the Co-Chairs demanded, “must re-enter the negotiating process. It must renounce terrorism and violence. It must show that it is willing to make the political compromises needed for a political solution within a united Sri Lanka. This solution should include democratic rights of all peoples of Sri Lanka.”

    The Government, meanwhile, “must show that it will address the legitimate grievances of the Tamils. It must immediately prevent groups based in its territory from carrying out violence and acts of terrorism. It must protect the rights and security of Tamils throughout the country and ensure violators are prosecuted. It must show that it is ready to make the dramatic political changes to bring about a new system of governance which will enhance the rights of all Sri Lankans, including the Muslims.

    In a rebuke of the hardline Sinhala nationalist government of President Mahinda Rajapakse, the Co-Chairs said: “the Tamil and Muslim peoples of Sri Lanka have justified and substantial grievances that have not yet been adequately addressed. The Co-Chairs encourage the Government of the Sri Lanka to further develop concrete policies for addressing the grievances of minorities and for building mutual confidence between different communities. The Co-Chairs and the international community will support the Government’s efforts towards implementing such policies.”

    Both sides were criticised by the Co-Chairs for the spiralling violence that has left hundreds dead since hastily convened talks in Geneva in February 2006. International truce monitors say that about 600 people, more than half of them civilians, have been killed since December, leaving the truce in force only on paper.

    The Co-Chairs lamented the “breakdown of law and order and the terrorization of the affected population.”

    “Abuses of human rights have been assessed recently by the UN and others. The Co-Chairs call on all parties to respect human rights and pursue human rights’ abuses. This situation is not sustainable and the country will continue its slide into greater conflict unless the two protagonists cease all violence and resolve their differences through peaceful negotiation,” they said.

    “Both parties have responsibilities which they have failed to deliver upon, including the commitments made at their meeting in Geneva in February 2006. The LTTE is responsible for numerous terrorist attacks. The Government has failed to prevent attacks of armed groups, including Karuna and violent elements of EPDP.”

    It is the first time the Co-Chairs have spelled out the paramilitary groups the LTTE has long protested are waging a murderous Army-backed campaign against its cadres and supporters.

    “The situation in Sri Lanka is of our gravest concern,” Japan’s special peace envoy, Yasushi Akashi, told the Co-Chairs meeting. “We are now indeed in a very crucial and critical turning-point in Sri Lanka.”

    The Co-Chairs met after the EU formally proscribed the LTTE as a terrorist organisation following a meeting of ministers from the 25 member states on Monday and almost exactly three years since they last met. Then, they and other donors pledged US$4.5bn in aid and made it conditional on ‘progress in the peace process.’

    That conditionality has since fractured as aid and loans have reached Sri Lanka via bilateral arrangements with some donors, particularly after the December 2004 tsunami.

    “Over $ 3,400 million has been provided by donors based on Tokyo pledges and tsunami funds,” the Co-Chairs said. “More than 20% of that assistance has been allocated to the North and East including LTTE controlled area.”

    As well as freezing LTTE funds, the EU ban, which came at the urging of the United States and the Sri Lankan government, also provides for special EU cooperation measures to combat the group.

    The EU proscription coincided with a day of protests across Astralasia, North America and Western Europe by Diaspora Tamils (pictures pages 8-9). Record crowds gathered in many European cities, but it was in Canada, where the LTTE was also recently proscribed, that the unprecedented numbers of Tamils found their way past a transport strike to rally in protest at the bans.

    But an EU diplomat, speaking on condition of anonymity, told AFP the LTTE had brought the ban on itself.

    “If they had been serious at the negotiating table we could have thought about another way, we would have set up a virtuous circle, instead of this vicious circle that we’re in at the moment,” he said.

    When the Co-Chairs gave went to their frustrations Tuesday over Sri Lanka’s slide into a morass of brutality and violence, they were critical of the state also.

    “Three years of work since the original Tokyo Conference shows the international community can only support but cannot deliver peace. Peace can only be delivered by Sri Lankans themselves. The Co-Chairs’ role can be meaningful only where those parties want to help themselves in bringing peace with commitment and honesty.”

    Saying they “will support any solution agreed by the parties that safeguards the territorial integrity of Sri Lanka, assures protection and fulfils the legitimate aspirations of the Tamil people and indeed of the Muslim people, guarantees democracy and human rights, and is acceptable to all communities,” the Co-Chairs said:

    “Norway has prepared a number of initiatives for the parties to return to talks, which will be issued shortly. The Co-Chairs endorsed these initiatives.”

    Meanwhile, according to press reports Tuesday, the Tigers will send representatives for a two-day meeting in Norway starting June 8 to discuss the role of the Sri Lanka Monitoring Mission (SLMM).

    Three of the five Nordic countries constituting the Sri Lanka Monitoring Mission (SLMM) are from EU member countries.

    The safety of Scandinavian truce monitors will be high on the agenda after monitors become caught up in confrontations between the Sea Tigers and the Sri Lanka Navy recently.

    This week the Co-Chairs reiterated their support for “the important role of Norway as facilitator to the peace process” and “the ceasefire monitoring activities of SLMM in an increasingly difficult situation.”‘

    “At the same time, it is necessary to examine how to strengthen the role of SLMM,” the Co-Chairs said without elaborating.

    While the situation gives cause for grave concern, the Co-Chairs concluded “the ingredients for a peaceful settlement remain present.”

    “The majority in Sri Lanka still seek peace. All Co-Chairs renewed their commitment to do all possible to help Sri Lanka in a manner that promotes peace and to support the current Norwegian-facilitated peace effort. Other countries and organizations share this view and wish to support the Co-Chairs’ effort.”

    Also without elaborating, the Co-Chairs said “to this end, [we] will explore interest for allocating tasks to other groups of countries to improve the efficiency of work within the areas defined by the participants in the Tokyo Conference three years ago.”

    The EU blacklist was drawn up late in 2001, following the September 11 attacks in New York and Washington and is revised regularly. The militant Palestinian group Hamas and the Spanish separatist movement ETA figure on it.

    The Tamil Tigers already figure on Britain’s terror list, as well as those of the United States, Canada and India.

    Britain banned the Tigers in February 2001 while the EU in October slapped travel restrictions on them after holding the LTTE responsible for the August 2005 assassination of Sri Lankan foreign minister Lakshman Kadirgamar.

    The EU warned at the time that the Tigers could face a complete ban, which would affect fundraising among the many Tamils living in Europe, unless they renounce violence.
  • Canadian Tamils hold ‘solidarity week’
    The Canadian Tamil Congress (CTC) an organization which represents the interests of expatriate Tamil Canadians, held a ‘Tamil Solidarity Week for Peace’ from May 8 to May 14.

    The event was held to “bring together Tamil Canadians and other peace-loving Canadians to express their solidarity and support for finding lasting peace in Sri Lanka,” said Mr. David Poobalapillai a spokesperson for the CTC.

    “Canada’s recent decision to proscribe one party of the peace process, the Liberation Tigers of Tamil Eelam (LTTE), has dealt a blow for the prospects for peace in Sri Lanka and placed the lives of our relatives and loved ones in NorthEast in grave danger,” Mr. Poobalapillai said.

    “The delicate balance of power that was critical in maintaining the Ceasefire has been upset by the Canadian Government’s ill-conceived decision to blacklist one of the parties in the peace process,” the CTC spokesperson said.

    “Canada’s decision has also emboldened the Sri Lankan military and Sinhala hardliners to step up the violence against Tamil civilians in an attempt to provoke a new war,” he further said.

    According to the CTC, Tamil Solidarity Week was also intended to highlight how the ban has infringed on fundamental rights and freedoms of Canadian Tamils.

    “The Tamil community is being slandered and portrayed in a negative light in the media. At places of work and educational institutions, Tamils are increasingly subject to suspicion and scrutiny. The ban has curtailed community’s regular activities and this has profoundly aggrieved us,” the Congress said.

    CTC requested Canadian Tamils to display black flags and pins in their automobiles, homes and business establishments in a show of solidarity during the week.

    Tamil youth organisations, alumni associations, women’s organizations, senior’s organizations, sports clubs, leading Tamil Canadian intellectuals and professionals, and the Canadian Tamil Media Forum participated and organised events throughout the week.

    Speaking at an inaugural event at Delta Toronto East Hotel in Toronto, Ms. Barbara Jackman a prominent immigration lawyer said that the Canadian Government’s decision “sends a message to Canadians that you should not be supporting any, even the political objectives of the Tamil cause to self-determination.”

    According to Ms. Jackman, the decision by the Canadian Government changes the dynamics in Sri Lanka. “What it does especially at this time of the deteriorating situation in Sri Lanka - it gives the Sri Lankan government an upper edge,” Ms. Jackman said.

    “Tamils need to educate others on the oppression taken against Tamils and increasing series of violence since the 50s. It is clear that the Conservative Government does not know much about the Tamil community - does not understand the conflict in Sri Lanka,” Ms. Jackman added.

    Marlys Edwardh, a prominent criminal lawyer in Canada a partner of Edwardh & Ruby said, “The Government of Canada made a – what has been a very political choice to list the LTTE as a terrorist organization under Canadian Law.” Speaking on the culture of fear that has gripped the community since the series of raids that followed Canada’s decision, Edwardh said, “We need to look more closely into this legislation and understand the impact on the community in order to reduce uncertainty and fear to act and speak freely.”

    “What was taken and why? Why would [RCMP] officers take subscriptions list to a community newspaper? Why would they make it difficult for an independent newspaper to function? Whose voice are they trying to silence?” Edwardh asked in a series of penetrating questions to the audience

    Tarek Fatah of the Muslim Canadian Congress said, “You cannot sanctify, legitimize, politify these whims at [parliament] hill with impunity. You send your super sonic jet fighters to bombard Tamil villages and then accuse the victims of that bombardment as terrorists and leave the government that bombed the people as law-bidding.” “Those who fight for freedom cannot be stigmatized as terrorists,” Mr. Fatah further observed.

    Community activist Gary Anandasangaree said, “This is not the Canada we are familiar with.”

    Mr. Anandasangaree announced that a “Tamil Canadian Legal Defense Fund” will be established to protect Tamil Canadians and hotline will be made available and cases of rights violations in Canada will be documented.
  • Tamils in UK local govt. polls
    The local government election held on May 4, 2006 in the UK saw an unprecedented number of Tamil candidates putting forward their names as candidates. In addition to six candidates re-contesting, a dozen others entered the fray with lots of enthusiasm. It is now confirmed eight of the Tamil hopefuls have been elected.

    Miss Elizabeth Packiyadevi Mann (Lib-Dem-Southwark Council), Paul Sathyanesan (Labour, Newham Council), Daya Idaikadar (Labour-Harrow Council), Manoharan Dharmarajah (Labour-Harrow Council), Mike Selva (Labour-Harrow Council) and Yogan Yoganathan (Lib-Dem, Kingston Council) were the re-elected Councillors at the election.

    The newly elected Councillors are Mrs Sasikala Suresh (Labour-Harrow) and Vidyaharan Ram Mohan (Conservative- Croydon Council).
  • Toronto Tamils protest raid
    Nish Vel never thought Tamil students living in Canada would be the target of police raids.

    “Canada is known for being up on human rights ... this raid is completely contradictory to what I know about Canada,” said Vel, 17, who was one of a few hundred Tamils gathered at Mel Lastman Square on Yonge St. for a rally last Wednesday night.

    The gathering was organized to protest a police raid April 22 at the Tamil Academy of Culture and Technology, the Toronto Star reported.

    “I didn’t think this would happen here,” Vel said, adding such events happen “on a daily basis” in Sri Lanka.

    Vel said his family escaped persecution in his homeland by coming to Canada in 1994, so “I’m really disappointed and saddened” this happened here, he said.

    The rally was put on by the Canadian Tamil Students Association (CTSA). It was also in protest of what the CTSA is calling “discriminatory policies” by the Canadian government, which in April condemned the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist group.

    The CTSA wants the Canadian government to hold consultations with local Tamils before making policy decisions, to get involved in the Sri Lankan peace process and reconsider its decision to put the LTTE on the terror list.

    Students waved black flags and chanted along with a rap group who sang about freedom of expression.

    “We’re being targeted and discriminated against,” said Senthooran Uruthiralingam, a student at the rally.

    He said all Tamil groups are being portrayed as terrorists.

    “We’re not,” he said.
  • Tamil tests in Switzerland
    3349 Tamil children sat for proficiency tests in Tamil and religion in 17 of the 23 cantons in Switzerland Saturday conducted by the Swiss Tamil Educational Service (TES), a volunteer organization administered by expatriate Tamils, sources said. The examinations are being conducted for the 12th consecutive year, according to TES officials.

    Children from Grade 1 to Grade 10 took the tests. Students, in addition to Tamil Language, had a choice of Hinduism, Christianity or Roman Catholism as electives in religion.

    More than 300 volunteer teachers administered the tests in 37 different test centers, organizers said.

    Officials said that a Test-center Director, Examinations Supervisor, assistant invigilators and Administrator for the Question, Answer sheets were appointed for each test centre. The examination officers had a joint session in April when they were given test instructions, according to TES officials.
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