Sri Lanka

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  • Canadian MP concerned about HR violations

    A Canadian parliamentarian last week wrote of his “deepest concern” over the deteriorating human rights situation in Sri Lanka.
     
    Mr. Mark Holland, the Member of Parliament for federal electoral district of Ajax-Pickering in Ontario, wrote to the Canadian Prime Minister Stephen Harper also supported fellow parliamentarian Dan McTeague's call to “opening a consulate in Jaffna that is capable of providing immigration services.”
     
    The Liberal MP cited the difficulties faced by the Tamil community in the Northeast in traveling to the capital Colombo and the forcible eviction of Tamils from Colombo last month in his letter dated 9 July.
     
    The text of the letter follows:
     
    Dear Prime Minister:
     
    I am writing to you to express my deepest concern about the deteriorating human rights situation in Sri Lanka, and also to urge the Government of Canada to take necessary measures to serve those in the northeast who cannot easily access the Canadian High Commission in Colombo.
     
    Last months expulsion of about 400 Tamils from Colombo has been soundly condemned by reputable human rights organizations and by the international community. I have seen statements by the Sri Lankan Ministry of Defence claiming that only those who could not provide a valid reason for being in the capital were evicted. Such statements only confirm that Sri Lankans of Tamil origin do not have freedom of movement in Sri Lanka, or free access to the capital.
     
    My constituency office staff as well as constituents of Tamil origin have told me of the great difficulties experienced by those in the northeast who need to travel to the High Commission in Colombo, especially on immigration matters. In one case, a family member of a constituent died during the long delays attempting unsuccessfully to send paperwork and subsequently to travel to the capital. For many, travel to Colombo is impossible.
     
    My colleague, Hon. Dan McTeague, has written to you to ask that Canada consider opening a consulate in Jaffna that is capable of providing immigration services. I strongly support this suggestion, if it can be done securely and without undue risk to personnel.
     
    I urge your government to take immediate steps to address this situation, and I would appreciate being kept informed of how your government is responding.
     
    Sincerely,
     
    Mark Holland, M.P.
    Ajax-Pickering
     
  • Australia Tiger suspects granted bail
    Courts in Australia granted bail to three Tamil men accused of raising funds for the Liberation Tigers.
     
    A judge in Melbourne, Victoria, said the two defendants appearing before him should be accorded the normal presumption of innocence before facing trial.
     
    The third man was freed on bail at a separate hearing. All three have been told to report daily to the police.
     
    Police arrested Aruran Vinayagamoorthy, 33, and Sivarajah Yathavan, 36, in May after a two-year investigation, alleging the pair were raising money for the Liberation Tigers of Tamil Eelam. Arumugam Rajeevan, 41, was arrested in Sydney last Wednesday.
     
    All three were charged with being members of a terrorist organization, providing support to a terrorist group and giving funds to a proscribed entity. They face up to 25 years in prison if convicted.
     
    But Victoria state Supreme Court Judge Bernard Bongiorno released Vinayagamoorthy and Yathavan on 100,000 Australian dollars bail Tuesday, saying the Australian government has not declared the Liberation Tigers a terrorist group.
     
    Attorney General Phillip Ruddock said he had asked government lawyers to examine whether there are grounds to appeal the decision.
     
    Under Australian laws, a group is considered a terrorist organization if it is formally listed by the federal government, or if a court makes a specific ruling.
     
    The Tamil Tigers are not on the government's current list of 19 banned organizations, although the group appears on terror blacklists in the European Union and the United States.
     
    Bongiorno said the suspects should be accorded the normal presumption of innocence.
     
    "If that principle is abandoned or even modified for political expediency, that risks the whole foundation of our criminal justice system," he told the court.
     
    Vinayagamoorthy and Yathavan were ordered to appear in Melbourne Magistrates' Court on July 24.
     
    Rajeevan, 41, was also granted A$100,000 bail by Magistrate Ian Gray.
     
    Outside the court, Rajeevan's lawyer Rob Stary said justice had prevailed. "I'm grateful that we've got an independent judiciary," he said.
     
    Australian Attorney-General Philip Ruddock responded to the men being released on bail by saying bail laws for people charged with terrorism offences could be reviewed if there is evidence courts are misinterpreting them.
     
    Under Australia's anti-terrorism laws, there is a presumption against bail for people charged with terrorism-related offences.
     
    "If our understanding of the way in which the presumption against bail should operate ... is misunderstood, we will look at whether or not further amendments are required," Mr Ruddock told reporters in Canberra.
     
    "It's a matter (to which) the government will give consideration.
     
    "I don't wish to reflect upon decisions of judicial officers ... but they help us to understand how the law is being interpreted.
     
    "If, on appeal, those decisions were upheld, the government might well want to give the courts some further advice as to how these issues ought to be addressed."
  • Abductions in Colombo hit Diaspora
    An Australian television station last week aired interviews with relatives of Tamils kidnapped in Colombo, and quoted the Sri Lankan High Commissioner to Australia dismissing the claims.
     
    Dateline, the premier current affairs program of the SBS multicultural channel, investigated families affected by the epidemic of abductions and discussed how their lives have been impacted by the events in Sri Lanka.
     
    Journalist Nick Lazaredes spoke to three Sydney families affected, but the program did not reveal the identities of the interviewees citing possible reprisals against their families in Sri Lanka.
     
    Dateline reported receiving information on about eighteen cases of Tamils, Australian citizens or permanent residents or their relatives, abducted so far.
     
    All of those abducted were held for ransom, with few released and the fate of others are still unknown, the program reported.
     
    When questioned, Sri Lanka's High Commissioner for Australia, Kusumpala Balapatabendi dismissed the claims.
     
    He says that if some Tamils have been found dead, “it's probably just a result of Sri Lanka's long-running civil war,” the reports said.
     
    “I don't like to use the word abductions in that manner. Especially in the sense that every disappearance is not an abduction, because these numbers are exaggerated, highly exaggerated numbers,” he said.
     
    “Amazingly he accuses Tamils of making up their kidnapping stories,” the journalist notes.
     
    “I can hide some and get them to tell police that I am missing, I am abducted, this is happening. This is tarnishing the image of the country. They're trying to destruct the international community from our community,” Mr. Balapatabendi said.
     
    At the end of the program, the host, George Negus noted that “Dateline was told that the Sri Lankan High Commissioner here in Australia says that he has never been approached by the department of foreign affairs in relation to the quite amazing rash of kidnappings.”
     
    In one of the interviews, ‘Murali’ (not his real name) says his brother in law, a wealthy businessman, was abducted almost a year ago and there is still no news of his whereabouts.
     
    Murali says he has paid almost $1 million Australian dollars to the kidnappers within few days of the abduction.
     
    He also adds that a Government Minister told him the paramilitary Karnua Group was behind the abduction.
     
    “The Minister confirmed this, that it was the Karnua group involved?” the reported queries.
     
    “Yes, the guerilla group of Karnua group, that was involved and they will - he will help to release him. But I think they were trying for nearly two months and at the end of two months he said that we can't help,” Murali replies.
     
    When the reporter asks why he couldn’t help, Murali replies: “He said that he can't help, they're not listening to him, the people that have him.”
     
    The family was told by Australia’s Department of Foreign Affairs in Canberra, which spoke to the country’s High Commission in Colombo, to contact the Sri Lankan government, and that nothing more could be done to determine whether he was dead or alive, Mr. Lazaredes reported.
     
    Dr Mano Mohan, a leading figure in the Australian Tamil community, told Dateline “the kidnapping and disappearances of Tamils has reached epidemic proportions”.
     
    “Tamils of Sri Lanka are fed up. They live in fear, and Tamils of Sri Lanka who live abroad who are citizens of other countries are unable to visit their kin for fear of being abducted, of fear of being killed, this is a state of affairs. It's anarchy,” he said.
     
    In another case, Devan (again not his real name) says his sister's husband was kidnapped and the kidnappers told her to get a $60,000 ransom from Sydney.
     
    He said “somebody was talking, not in pure Tamil, not in Sinhalese, in between, speaking Tamil but in a different accent, telling her that they got her husband and demanding for 50 Lak, rupees”.
     
    Devan’ brother in law was one of the lucky ones – he was released. But Devan says to date his brother in law refuses to speak about the ordeal.
     
    In a similar story, Tanvir’s sister’s 20-year-old son was kidnapped from their Colombo apartment last Christmas.
     
    Tanvir's family believes the boy may have been taken by the Sri Lankan security forces and handed over to the Karnua group to be trained as a militant, the program reported.
     
    “I think he was arrested by the army or police. I don't think it's a rebel group but there have been stories about the army and police arresting kids and handing them over to Karnua group to fight against Tamil Tigers. Maybe that has happened, I'm not sure,” Tanvir said.
     
    Dr Mohan also believes that many of the younger kidnapping victims are being forcibly recruited to fight for paramilitary groups. But he says none of it would be possible without the approval of corrupt Government officials.
     
    “It's a combination of paramilitary groups, commbination of Government highly placed officials and the military and the armed forces. There should be collaboration between all these groups for effectively to carry this out, again and again and again, without being get caught,” Dr Mohan said.
     
    “As implausible as this sounds, just a few months ago, Sri Lanka's police chief announced that criminal gangs were involved in the kidnappings along with corrupt police and military officers,” the reporter noted.
     
    The Sri Lankan High Commissioner confirmed the involvement of corrupt military and police officers.
     
    “Many of them are ex-service men and a couple of people serving in the police, not many, but two have been thrown out under detention and been charged,” Mr. Balapatabendi said.
     
  • Sinhala conquest of the East celebrated
    Sri Lankan security forces rehearse for celebrations to mark their conquest of the eastern province, where 300,000 Tamils have been displaced by offensives. Photo TamilNet
    Sri Lanka’s hardline Sinhala government this week said it had cleared the Liberation Tigers from the island’s east and prepared for a major celebration while announcing plans to attack the LTTE’s stronghold in the north.
     
    “To bring about permanent peace to this country, the government is dedicated to chase out the terrorists from the Northern Province,'' President Mahinda Rajapaksa vowed, hailing the conquest of the eastern province.
     
    As this edition was going to print Wednesday, the Sinhala-nationalist government was preparing island wide ceremonies for Thursday to mark the province's capture, including a military parade of 700 personnel.
     
    President Rajapakse, the commander-in-chief of the armed forces, is to receive a 21-gun salute at Independence Square in the capital and review the parade and a fly past by Air Force jets.
     
    During the celebrations, President Rajapakse will be formally informed of the capture by being presented with a parchment scroll by the head of the Army, Lt. Gen. Sarath Fonseka.
     
    The act mimics victory ceremonies held by Sinhala kings when they defeated Tamil enemies.
     
    The government has also made elaborate arrangements to hold lectures at schools to inform students of the military gains in the east of the island, officials said.
     
    But amid LTTE warnings of retaliation, there is widespread skepticism of the strategic value of the government’s captured of Thoppigala, the LTTE last bastion in the east,
     
    This LTTE admitted its fighters had vacated Thoppigala, but warned a guerilla war was set to escalate in the east.
     
    And as if to highlight the continuing volatility of the region, the government’s newly appointed top civil servant there was shot dead Tuesday.
     
    The Chief Secretary of the Eastern Provincial Herath Abeyweera, a retired Sinhala army officer appointed by President Mahinda Rajapakse, was shot dead in his office in Trincomalee Tuesday by gunmen who escaped. Police blamed the LTTE.
     
    President Rajapakse, whose elaborate victory celebrations are coming under criticism by Sinhala nationalists demanding he drive the Tigers from their northern stronghold said: "this assassination further strengthens our resolve not to give in to the forces of terror, but to proceed with our task of restoring freedom and democracy to the East, and all of Sri Lanka."
     
    The Sri Lankan government said it would seek foreign aid to consolidate its grip in the key eastern
    Sri Lanka Army commander Lt. Gen. Sarath Fonseka at an official ceremony last week. Photo SLA
    province, wrested from the Tigers after almost a year of military offensives which have driven 300,000 Tamils from their homes.
     
    The LTTE says international aid sent to Sri Lanka is being used to boost the military.
     
    Funds are spent on projects such as constructing roads in militarily strategic areas, Mr. S.P. Tamilselvan, head of the LTTE's political wing, told outgoing Norwegian Ambassador Hans Brattskar last week.
     
    The Tamil people are disillusioned that the international donor group led by the U.S., the European Union, Japan and Norway is failing to ensure aid is used for humanitarian purposes, Mr. Tamilselvan added.
     
    Last week the government announced it had finally captured Thoppigala, the last bastion of the Tigers in the eastern province which comprises the Trincomalee, Batticaloa and Amparai districts.
     
    Tiger fighters melted away from Thoppigala, a mountainous jungle area they dominated for more than 13 years, LTTE spokesman Rasiah Ilanthiriyan told reporters from the north.
     
    Tamil Tiger forces who remained in the east had gone into "guerrilla" mode, he said, adding that "winning the war was not about taking control of real estate."
     
    "They are mentioning this as the end of the war in the east," Ilanthiriyan said. "But that is not the truth. We have the experience in guerrilla tactics. In fact, we have already changed our approach to guerrilla tactics."
     
    In comments published in the Daily Mirror Illentheriyan said the Sri Lankan military could have moved into Thoppigala much earlier than it did as the Tigers had already withdrawn from the area after a change of strategy.
     
    Former Air Marshall Harry Goonetilleke told the AP news agency that the seizure of Thoppigala was an important success for the military, but keeping it would not be easy.
     
    "You can win a battle with 2,000 troops, but to hold it you need 10,000 minimum," he said.
     
    President Mahinda Rajapakse hailed the victory and warned he would now smash the LTTE’s de-facto state in the island’s north.
     
    He offered a tribute to soldiers who "captured the last stronghold of the terrorists located in Thoppigala."
     
    The main opposition UNP meanwhile sneered at the claimed victory and asked whether the government facilitated the withdrawal of 800 LTTE cadres in the Thoppigala area.
     
    “We did not see the LTTE manpower and heavy weapons being destroyed at large in the military operations,” senior UNP official Lakshman Kiriella said.
     
    Earlier this month, a senior Indian officer who led operations against the Tigers during Delhi’s intervention in the island in the late eighties said the Indian Peace Keeping Force (IPKF) did conduct operations in the Thoppigala jungles, but made no attempt to occupy the area because it had no strategic significance.
     
    “Thoppigala was a vast jungle area which did not lie on any major line of communication. It was basically a hide out for the LTTE. It had hospitals, prisons and training camps,” former area commander, Maj Gen Ashok Mehta told Hindustan Times.
     
    “I have personally led operations to destroy these facilities. But we always came back to base, as there was no need to occupy the area. There was nothing to occupy!" he said.
     
    The Hindustan Times quoted independent military observers as saying that the Sri Lankan military’s progress against the Tigers has been slow as there had been stiff resistance by the LTTE and the terrain has been difficult.
     
    "If it is a walk over, why the did the Air Force pound the area on Wednesday and Thursday?" asked Iqbal Athas of The Sunday Times asked a day before the government announced it had cleared Thoppigala.
     
    The Hindustan Times said Sri Lankan observers felt that the government’s insistence on taking Thoppigala was political rather than military.
     
    Meanwhile, the head of the LTTE’s political wing, SP Tamilselvan said peace was "not possible" with President Rajapaksa and warned the war will escalate.
     
    "Our targets would be in the future major military and economic structures of the government of Sri Lanka," he told the Reuters.
     
    "They will be targets which help the government sustain its military operations and military rule. For instance (our) attack on the oil installations. That is one of the targets that will cripple the economy of Sri Lanka as well as the military capability of Sri Lanka, so such will be the tactic," he further said.
     
    The US embassy in Colombo has issued a warning to US citizens to exercise caution in Sri Lanka.
     
    “Americans should continue to avoid military installations, military convoys travelling on the roads, and where possible, government buildings and political rallies/events, as they have in the past been targets for LTTE attacks,” the embassy said.
     
    Sri Lanka is to ask international donors to fund an ambitious reconstruction bid in the newly seized area of some 9,635 square kilometres (3,720 square miles), Public Administration Minister Karu Jayasuriya said.
     
    Both Britain and Germany have frozen aid to Sri Lanka because of concerns about the regimes’ deteriorating rights record.
     
    But the island's main financial backer, Japan, which accounts for two thirds of bilateral aid, has said that it will not link development assistance to human rights.
     
     
  • Emblematic Act
    Twenty four years ago this month the Tamils of Sri Lanka suffered the worst racist rioting in the island’s post colonial history. The massacre, which has infamously been referred to since as ‘Black July’ (and occasionally as the Tamils’ Holocaust), was not merely an eruption of mob violence, but a systematic and violent cleansing of Tamils from Colombo and much of the south by the Sinhala-dominated state. Over three thousand Tamils perished as our people were driven first into refugee camps and then dispatched by ship to the north. In one week almost all Tamil homes and businesses in the south had been looted and burnt. The armed struggle that escalated amid the resultant Tamil grief and anger has since evolved into what is today a substantive state-building project.
     
    However, in the near quarter century since Black July, despite the tens of thousands of lives that have been lost in the conflict, there has not been an iota of change in the Sinhala leadership’s thinking – nor, for that matter, in the sentiments of the international community. The military campaign now being waged by President Mahinda Rajapakse is underpinned by the same racial superiority and exclusive, even annihilatory logic as that of President Junius Jayawardene in the eighties – and President Chandrika Kumaratunga’s ‘war for peace’ in the nineties; namely that Sri Lanka is a majoritarian (Sinhala) state in which Tamils would be tolerated provided they accept their secondary minority status and abandon their demands that political power be shared.
     
    For well over a year now, President Rajapakse has openly waged a brutal war against the Tamils. We say Tamils, rather than Tigers, firstly because the Sri Lankan strategy is directed primarily at raising popular (i.e. civilian) suffering to undermine support for the LTTE’s armed struggle and, secondly, the calculated purpose of this suffering is force the Tamils to lower, if not entirely abandon, their demand that the Sinhalese share power. Collective punishment was also President Jayawardene’s logic in 1983 when he unleashed the murderous Sinhala mobs, assisted by the security forces and armed with voters lists: to teach the rebellious Tamil the price of defying Sinhala rule. Last month President Rajapakse forcibly expelled hundreds of Tamils from Colombo, deeming them a security threat. The move was halted amid international protests, but the point had been made: the Tamils had better know their place in Sri Lanka. Now, as three decades ago, state terror remains the primary method of governing the Tamils - though the violence of the Sinhala mob has been replaced by that of the Army’s multi-barrel rocket launcher.
     
    President Rajapakse’s battlefield strategy, as executed during the past year in Sampur, southern Trincomalee and especially Vaharai, is identical to that of President Jayawardene’s twenty years earlier: militarily seal off and starve the population while subjecting it to relentless bombardment and air strikes. Jayawardene blockaded the Jaffna peninsula for months, relentlessly blasting the northern peninsula from land, sea and air. His siege was famously broken by the Indian airdrop which presaged the induction of the Indian Peace Keeping Force in 1987. President Kumaratunga’s strategy was the identical during her subsequent efforts to destroy the LTTE. For six years (1995-2001) the Vanni was subject to the same draconian embargo which blocked food and medicine from the residents as Jayawardene imposed on the northern Jaffna and Rajapakse on the eastern Tamil areas.
     
    The point is that throughout the conflict, every Sinhala leadership has readily inflicted widespread suffering amongst the hundreds of thousands of ordinary Tamils, as part of its bid to crush the Tamil liberation movement - which every government has always paradoxically insisted was numerically insignificant and on the verge of defeat. Like a mantra President Rajapakse, just like Kumaratunga and Jayawardene before him, repeatedly assures the Sinhalese and the rest of the world of the Tamil struggle’s imminent military destruction.
     
    And just like Jayawardene and Kumaratunga, Rajapakse also inflicts this suffering in the name of the Tamils themselves. Every Sinhala leader has declared his or her vicious violence as necessary to ‘liberate the Tamils from the Tigers’ (though it is underpinned by barely disguised notions of Sinhala racial superiority – ‘in Defence of the Dharma’ - as much as raison d’etat). Jayawardene’s merciless onslaught on the Tamil militant controlled Jaffna peninsula (exactly 20 years ago) was mockingly codenamed ‘Operation Liberation.’ Kumaratunga declared her self-styled ‘war-for-peace’ (waged a decade ago) was to liberate the Tamils from the ‘fascist’ LTTE. And now President Rajapakse is terrorizing the Tamils to ‘free them from Tiger rule’ and provide them with ‘democracy’.
     
    Amid reprehensibly weak international pressure for them to solve the ethnic conflict, all these Sinhala leaders have sought to delay and prevaricate on sharing power with the Tamils until the sole reason for that need to compromise – the Tamil armed struggle – has been destroyed. Rajapakse’s All Party Representative Council (APRC) has the same dissembling logic as Jayawardene’s All Party Council (APC). (And in another farcical parallel just as the SLFP walked out of the UNP’s sham APC, the UNP has today quit the SLFP’s APRC charade). President Kumaratunga unveiled her much-vaunted Devolution ‘Package’ in 1995 just as she unleashed her unrestrained assault against the Tamils of the Jaffna peninsula. In the wake of subsequent successes against the LTTE, the ‘Package’ was watered down until it was utterly meaningless, (even disillusioning the Tamils who collaborated in drafting what was arguably nothing more than a tool in the state’s counter-insurgency campaign).
     
    Nevertheless, the international community has supported each of these leaders in their pernicious efforts to break Tamil defiance. Each of these leaders has received near absolute military, financial and political support from the international community. (Yes, we know there are subtle variations amongst the positions of countries involved, but collectively it matters little in the killing fields of the Northeast.) For decades our people suffered and died in their thousands as the Sinhala military, unrestrained by law or morals, laid waste to our homeland. But it was our efforts to resist this genocidal violence that has been condemned by the international community as unacceptable, as terrorism. The Sinhala state was instead hailed as a struggling democracy and strengthened anew.
     
    Black July is thus not just a historical event. Rather, it is an emblematic act of Sinhala rule. In remembering Black July, we not only commemorate the thousands of Tamils who perished in the state-sponsored Holocaust of 1983, but we also remember the tens of thousands who were slaughtered before and since in the state’s internationally backed pursuit of Sinhala hegemony. Thus we also remember at the same time why the Tamil liberation struggle began, why it changed from ahimsa to arms, why it necessarily continues today. We remember that we are a nation resisting oppression.
  • Beyond federalism?
    This writer has been associated for the past several years with that much-maligned minority which can be broadly labelled ‘liberal federalists’ on the question of peace and constitutional reform in Sri Lanka.
     
    Allowing for individual nuances of emphasis and premise, Sri Lankan liberal federalists are those who have advocated (a) a negotiated resolution to the ethnic conflict (b) along the lines of a federal-type constitutional settlement that accommodates the secessionist ethno-territorial Tamil minority in the North and East (c) within a united Sri Lanka through regional autonomy and power-sharing at the centre.
     
    The key assumptions of this worldview are that a politically liberal conception of a unified Sri Lankan citizenship is both possible and desirable, that this notion of citizenship involves recognition of multiple identities, and that this can be institutionally expressed through federal-type constitutional arrangements reflecting some appropriate configuration of the shared-rule – self-rule ideal.
     
    That the constitutional prescriptions of liberal federalists retain enduring relevance in respect of peace in Sri Lanka is beyond reproach, for the federal idea as the fundamental organising principle of a constitutional order embraces a range of options from devolution to confederation.
     
    For reasons canvassed below, however, liberal federalists’ political premises about democratic citizenship and the ethno-political foundations of the Sri Lankan State would require to be fundamentally revisited, if the objective is a viable and united Sri Lanka.
     
    Even though the federal idea in Sri Lankan political debates is older than the post-colonial State itself, it only enjoyed a brief moment of mainstream respectability in the aftermath of the Oslo Declaration of 5th December 2003, when the government of Sri Lanka and the LTTE stated that their future explorations of a substantive settlement would be guided by the federal idea.
     
    The LTTE’s commitment to federalism understood in a conventional sense was less than unequivocal from the start. Its subsequent ISGA proposals (which made no reference to Oslo) revealed that to the extent the LTTE felt constrained by the normative parameters of federalism at all, its understanding of federalism was highly unorthodox, asymmetrical, and concerned only with the maximisation of autonomy for the Northeast.
     
    In the South, the federal idea has been comprehensively defeated in the general elections of April 2004 and the presidential elections of November 2005. These two elections have seen a significant realignment of the Southern polity with the ascendancy of majoritarian nationalism, not only in the belief in a military solution to what is perceived as an essentially terrorist problem, but also in the rejection of any notion of political power-sharing apart from the most minimalist administrative decentralisation.
     
    Accordingly, we have seen the robust pursuit of counter-insurgency measures against the LTTE, with the government claiming victory in the East. The government vows similar commitment of purpose and conviction that the LTTE will be defeated in the North as well.
     
    Many believe that the Northern campaign is the litmus test for the hawks, in that while capturing the East is not unprecedented (although holding it would be), regaining and controlling the ethnically more homogenous North is another matter altogether.
     
    In a sense, this gravely misses the point, because conflict resolution is more about how the Sinhalese, Tamils, Muslims and others may coexist within a viable constitutional State, or indeed, peacefully separate, than about whether the LTTE or the government prevails in the battlefield. As the late Kethesh Loganathan used to frequently remind this writer, federalism in the Northeast is about a people and a region, not an organisation.
     
    Nevertheless, this is the current context that confronts any attempt at envisioning post-conflict possibilities for Sri Lanka. It is a context in which two nationalisms are pitted against each other, their differences sharpened and entrenched by armed conflict, and further complicated by factors such as the position of the Muslims, and Karuna’s assertion of Eastern Tamil distinctiveness.
     
    The ideological reversal of the federalists in Southern electoral politics and dismissal by the LTTE are made worse by what appears to be a distasteful reassertion of primordial ethno-nationalism, in which many of the liberals’ most cherished values are defiled and destroyed.
     
    It is clear in this context that what Sri Lankan liberal federalists face is not only a strategic challenge of popular persuasion; it is also a fundamentally theoretical challenge of how democratic politics and constitutionalism are conceptualised. It can be contended that the very idealism that characterises the liberal federalist project is also a failure to understand the real dynamics of ethno-nationalist politics, which has led to that project being totally sidelined.
     
    The challenge before liberals therefore is how to rationalise political conditions of competing nationalisms in a way that can promote conflict transformation. They are ill equipped to do so with their traditional theoretical tools such as individual autonomy and freedom of choice, because this discursive language clearly has no traction in the popular imagination of Sri Lankans of whichever ethnicity.
     
    This is why teleological liberal arguments about the need to conceptualise an overarching and inclusive Sri Lankan political identity based on liberal principles of justice such as equality, fairness and respect for diversity have failed.
     
    Of course, liberals have been concerned to recognise diversity and institutionally guarantee respect for it through federal autonomy of regions.
     
    But the flaw in this approach is that it elevates a politically deracinated conception of liberal democratic citizenship as the identity of the State, and relegates the more resonant sources of popular identity such as ethnicity to be dealt with regionally within federal structures.
     
    In this sense, liberal citizenship is actually a unitary ideology that conceives of a single, modern, values-based nation that must constitute the State. This reveals the liberal disdain for pre-modern notions of collective identity such as ethnicity, the persistence of which is an inconvenience that must be addressed through regional autonomy (suitably attenuated with human rights guarantees etc), in the wider interests of conflict management and peace, and not least in the hope that ethno-nationalism will one day wither away.
     
    It is not only in conflict-affected plural societies such as Sri Lanka that liberals become irrelevant because of this approach to Statehood; in prosperous and peaceful liberal democracies elsewhere, the experiences of Scotland, Quebec and Catalonia demonstrate that liberalism has had to make fundamental theoretical adaptations in order to rationalise powerful dynamics of sub-State nationalism.
     
    In Sri Lanka, what is clear is that armed conflict among nationalisms has consolidated a historically fragmented and plural society into two distinct polities. Any possibilities that were there for the constitutional accommodation of political space in the traditional liberal mould are now no longer available.
     
    The current military phase of the conflict will result in the consolidation of that separation, not unification of the polity, regardless of whether the LTTE (or indeed the State for that matter) is left standing at the end of it.
     
    The existence of multiple nationalisms therefore has to be taken at face value. Short of successful secession, the challenge before liberals then is about how to conceptualise Statehood that guarantees liberal values yet addresses the ground reality of plural nationalisms.
     
    It is essentially a modernising challenge of transforming hard and intolerant ethno-nationalisms into nationalisms that are collective identities which can coexist within a multinational State.
     
    Substantively, the departure from liberal orthodoxy lies in abandoning Sri Lankan nation-State building (i.e., the constitutional construction of a Sri Lankan political identity), as the principal purpose of post-conflict constitution-making.
     
    Likewise, traditional liberalism’s central principle of individualism needs reinterpretation in a way that accommodates intermediate ties of collective loyalty such as ethnicity, which intercede in the relationship between citizen and State.
     
    Structurally, the acrimony and division that has been generated by decades of military conflict, especially in the manner it has been and is conducted, has rendered conventional federal forms inadequate for the construction of a future Sri Lankan State.
     
    In this context, the future Sri Lankan identity can only be a minimalist legal personality. The political legitimacy of the State will need to be derived from the full and equal recognition of multiple nationalisms. Liberal individual autonomy can be guaranteed, but in the relationship between citizen and State, its exercise would be institutionally mediated through the self-determination of the sub-State nationalism to which the citizen belongs.
     
    Thus, federal-type arrangements in the architecture of State are not entirely rejected, but they would look more like a confederation than liberal federalists have so far been willing to countenance.
     
    It is only by overturning the unitary presumptions of liberal citizenship that underpin federal constitutionalism that liberals can hope to make any relevant intervention in conflict resolution in Sri Lanka.
     
    The danger of complete exclusion from the political process is that only liberals have the intellectual wherewithal to salvage democracy and human rights in a future constitutional settlement, which would otherwise be concluded by ethno-nationalists or conservatives.
     
    Needless to say, the ideas expressed here would be anathema to majoritarian nationalists in the South. However, the fact is that it is precisely their intolerance and myopia that has brought Sri Lanka to the present pass, and if that leads to secession, it is their problem.
     
    But for liberals, the challenge put simply is whether we are prepared to contemplate a multinational confederation, once the guns have fallen silent.
     
    Asanga Welikala is a Senior Research Associate at the Legal & Constitutional Unit of the Centre for Policy Alternatives (CPA), Colombo. The opinions expressed in this article are those of the author and do not reflect the views of the CPA.
     
  • I am not a terrorist
    I believe the Tamil people have been, and continue to be, systematically discriminated against by the Sri Lankan state.
     
    I am not a terrorist.
     
    After decades of non-violent, political struggle was met with violent repression by Sri Lanka, I believe that armed-resistance was the only choice left to the Tamil people.
     
    I am not a terrorist.
     
    I believe a just peace can only be achieved in Sri Lanka if the Tamil people’s right to self-determination is recognised.
     
    I am not a terrorist.
     
    The conflict in Sri Lanka is not on the radar of most people in the West. The media only pick it up when there is something particularly horrendous or spectacular, or when it impinges upon the cricket or the beaches.
     
    The media coverage surrounding the recent arrests in Australia, the UK, France and the US reflects a global climate where the advocacy of minority rights and armed resistance to state-oppression is condemned. People who do so are labelled ‘extremists’ or ‘terrorist sympathisers’.
     
    The Colombo government has been able to use the language of terror to criminalise the Tamil population in Sri Lanka and in the Diaspora. Today the words Tamil and tiger go together as easily as Islamic and fundamentalist; as easily as Vietnam and war; as krispy and kreme.
     
    Like many young Tamils in the Diaspora I have struggled to reconcile my people’s armed struggle for freedom with the liberal values of my adopted home.
     
    It is a reflection of the times that I feel the need to say upfront that what I seek is peace with justice.
     
    Also, this is not a comment on matters currently before the courts.
     
    However, I hope this article will help form a more nuanced picture on what is being currently played out in the Diaspora.
     
    They need to be understood in the context of a foreign struggle. A struggle that the Western media seek to interpret through the lens of terror.
     
    I do not claim to speak for the entire Tamil community, like any community there are a range of views and voices.
     
    My ideas about the conflict have been shaped in two phases – the ‘angry brown man’ phase and the ‘intellectual brother’ phase.
     
    The ‘angry brown man’ phase lasted from my teens through to my second year of university. Feelings of teenage social exclusion and ‘otherness’ were fused with stories passed down through parents and grandparents. As a young man – mine is a gendered experience – I turned to the hip hop of Public Enemy and the romanticised resistance of the Tamil freedom struggle.
     
    However, I could not relate to the fiery passion of the older men; my liberal arts education made me question violence. I feared the label ‘radical’ or ‘extremist’.
     
    Then I did some post-graduate study on the conflict – what I like to call the ‘intellectual brother’ phase. Here I gained a deeper understanding of the roots of the conflict and was able to form an almost dispassionate position on the struggle. In 2002 I visited Sri Lanka for the first time in eighteen years.
     
    First the basics - the Tamils are fighting for an independent homeland in Sri Lanka following decades of discrimination. Over 70,000 of our people have been killed. A 2002 cease-fire brought a brief respite, but fighting has resumed since 2005.
     
    For many the history of the conflict begins in 1983 with the ambush of 13 Sri Lankan soldiers, for others it is the anti-Tamil race riots in the wake of that ambush. This may have been the start of the war, but the freedom struggle and the oppression it resists pre-dates this iconic moment.
     
    Today, the Sri Lankan government refers to `Tamil separatism’ and dare I say it ‘Tamil terrorism’. But these are but responses to the root cause of the problem-a racist ideology.
     
    It began in 1948 when the newly independent Ceylon deprived a million Tamils, who had worked the tea plantations for about 150 years, of their citizenship and then the vote.
     
    In 1956, the government passed the Sinhala Only Act declaring that ‘the Sinhala Language shall be the one and only official language of Sri Lanka’.  
     
    Frustrated by the government's failure to redress Tamil grievances, Tamil politicians stepped up their campaign of civil disobedience and protests.
     
    In 1971, the Government raised university entrance marks for Tamils. A Tamil had to score 250 marks to enter medicine or dentistry, while Sinhalese needed only 229. The logic was that the Tamils were over represented at university.
     
    In many Western countries, students of Asian origin are significantly over-represented in tertiary education. We do well because our parents see it as the only way for minority ethnians to get ahead in the white man’s world. Imagine if fifty years from now the white man feels discriminated against and ethnians have to get higher marks to get into university.
     
    Amid heightening tension and increasing militarism anti-Tamil violence erupted when 13 Sri Lankan soldiers were killed in an ambush by Tamil militants in July 1983. More than 3,000 Tamils were killed.
     
    These events have left a deep scar on the Tamil psyche. While the violence was not on the scale of the Holocaust – its effect on the Tamil people has been similar.
     
    Tamil militancy led in turn to increasingly ferocious crackdowns, arbitrary and retaliatory killings of Tamils and the disappearance of young Tamils in custody.
     
    As Tamils became vulnerable to ‘state terror’, more and more took to arms.
     
    In February 2002 the Sri Lankan Government the Liberation Tigers of Tamil Eelam signed a ceasefire agreement (CFA) that brought to a halt two decades of war. The CFA had held for the best part of four years. However in the past 18 months Sri Lanka has slid inexorably into an undeclared, but all out war.
     
    The Tamil people have paid a high price for their dreams of freedom. The social fabric built on family and kin, music and dance, and an ethic of hard work has been torn to shreds as families have been separated by death and forced migration. Their homeland is dotted with orphanages and a whole generation has missed out on basic education.
     
    Why don’t I leave my war where I came from? I am burdened by the knowledge that it is a random twist of fate that has me fighting with the pen and not a rifle. The angry brown man phase would surely have taken me there.

    We are not terrorists.
  • Violence round up – week ending 1 July
    1 July

    • Four Tamil civilians, all residents of upcountry towns, were arrested by the Sri Lanka forces and police in Kandy and Gampaha in two separate cordon and search operations. The arrested were handed over to police stations and are being subjected to interrogation by the Terrorist Intelligence Division. Two Tamils arrested in Gampaha were taken into custody as they failed to provide satisfactory reason for their stay in the location, Police said. Two more Tamil civilians at Peradeniya in Kandy district were arrested as they were walking along the road close to Peradeniya depot of the Ceylon Petroleum Corporation in suspicious manner, Police said. Both youths are residents of Nuwara Eliya.

    30 June

    • Gunmen shot dead Vallipuram Satgunarajah alias Nithiyananthan, 57, a father of four at Nelliyadi, Jaffna. The killers gunned down Satgunarajah, a former co-operative employee originally from Karaveddi and presently a trader in Thenmaraadchi, as he was returning with his wife after worshiping at a temple.

    • Rajaratnam Satheesh, 24, from Puttur was shot dead at Kalladi junction, Jaffna. He was followed whilst riding his bicycle along Kaladdi Raamanaathan road and shot in his head and chest before the gunmen escaped from the site. There was speculation that SLA Military Intelligence was behind the killing.

    • Four bodies were recovered in Mavilaru jungle area, Trincomalee, on information provided by local residents.

    • A young fisherman from Naavalar Veethi in Navanthurai, a suburb of Jaffna town, has been missing since going to Jaffna Teaching hospital for treatment, according to complaints made by his family to the SLHRC and ICRC in Jaffna. The fate of Arulnesan Jeftin, 20, remains unknown, his family said.

    • Mr. Samarasinghe, head of the Kandy office of SLHRC stated that he has received several complaints of abductions and disappearances of civilians in Kandy district.

    • Four civilians were found shot dead in eastern Sri Lanka, the military said. The bodies of the four farmers were found in a jungle in eastern Trincomalee district, an official at the Defense Ministry information center said on customary condition of anonymity citing policy. While the last two weeks have seen combat between the Sri Lankan Armed Forces and the LTTE, it is Tamil and Muslim civilians who have been the main victims of attacks.

    • The SLN said they found 1,000 kilograms (2,200 pounds) of explosives in a truck in Colombo.

    29 June

    • Four Muslim villagers shot dead by Special Forces of the SLA in Maavilaaru, Serunuwara, were mistaken for LTTE cadres, two villagers who escaped the slaying told the media. The SLA has been conducting search operations in Maavilaaru to prevent LTTE cadre movement in the Thoppigala jungles. "We pleaded with the SLA soldiers not to kill us and that we were not members of the LTTE. But they fired at us killing four of us," the escaped fishermen told the media. The SLA handed over the four bodies to Kanthalaay hospital. When the relatives of the victims went to collect the bodies to the hospital they were told by the military officials that the LTTE had killed them. North Central Provincial Chief minister, Berty Premalal, told the relatives he will make arrangements to release the bodies. The National Security Media center had claimed the LTTE cadres "escaping from Thoppigala," shot and killed the four Sinhala civilians.

    • Gunmen triggered a claymore device targeting a Sri Lanka Transport Board bus in Cheddikkulam, Jaffna, injuring a SLA trooper and four civilians. The police claimed the LTTE was responsible for the attack.

    • Mohammed Hussein Mohammed, 34, a Mulsim trader from Kandy visiting Colombo for purchases of goods for resale, is missing, according to a report with the Colombo-based rights group, Civilian Monitoring Committee.

    • Sellan Nalliah, 53, and T. Velmurugan, 47, were seriously wounded in indiscriminate gunfire by SLA soldiers in Maasiyappiddi, Jaffna, after a claymore attack in which two soldiers were wounded.

    • Gunmen on two motor cycles, following Singaravel Logenthira, 29, and Subramaniam Ambihaipahan, 39, both residents of Aanaikkoaddai, Jaffna, as they rode their motor cycles, shot them dead in front of the former TRO office. The location is close to UNDP, UNHCR, UNICEF, ICRC offices in Temple Road, in the heart of the SLA HSZ in Jaffna. SLA troopers are present 24 hours guarding several International Organization offices. Three youths from Kachcheari-Nalloor road have been shot at the same location within the last three weeks.

    • SLA soldiers launched artillery, MBRL and motor attacks targeting the Puliyangkulam-Omanthai checkpoint, the entry point to the LTTE administered Vanni region. The attacks disrupted passenger traffic to and from LTTE controlled area through the checkpoint. SLA stationed at Vavuniya, Mannar and Manalaru fronts have been carrying out sporadic shelling towards Vanni region since the first week of June. The LTTE's Puliyangkulam checkpoint also has come under attack several times.

    • Kodithuwakku Pannasiri, 46, a SLA soldier, shot himself dead within the SLA camp at Polikandi coastal village in Vadamaraadchi north, Jaffna. The Officer-in-charge of the camp said in his statement to Point Pedro police that the trooper was distraught over not being granted leave. The magistrate said the body had suspicious injuries and directed the police to transfer the body to the Colombo for medical examinations.

    28 June

    • Gunmen shot and killed P. Nishanthan, a 16-year-old Tamil boy, at Siththaandi in Eravur. The painter had gone out to attend a festival at Maariamman temple.

    • Attackers triggered a claymore mine in Navanthurai, Jaffna, killing two SLA soldiers riding bicycles along Navaanthurai-Kakaithevu road, on the outskirts of Jaffna city. A SLA road patrol unit on bicycles was on its way to Kakkaithevu from Navanthurrai area when the claymore device was triggered by the attackers from an abandoned house near the Mosque in the area, Police said. Recently, 3 SLA troopers were killed and one seriously injured in a similar claymore attack at Eechchamoaddai area, situated within Jaffna Municipality limits.

    • The SLAF bombed Nedunkeni but casualty details were not known.

    • Gunmen armed with pistols shot dead Sangarapillai Sivakanthan 29, a pavement fancy-goods seller in front of Poobalasingham Book Shop, at the entrance to Jaffna Central Bus Terminus and next to Jaffna Teaching Hospital, in the SLA HSZ. The killers left the site of crime, in close proximity to several SLA sentry points, without showing any great haste, raising suspicion of SLA complicity in the killing.

    • Thillainathan Uthayakumar, 35, the chairman of the TNA Thirukovil Pradeshya Sabah in Amparai was assassinated outside his residence at Vinaayakapuram, Akkaraippattu. Gunmen took him away from his house and killed him by lobbing a grenade at him 100 meters away from his house. The assassination of the TNA politician comes after press reports in Colombo that the Government was planning for a new election in the East

    • SLAF fighter jets bombed two Tamil Tiger camps in the island’s far north, the military said, the second batch of air strikes in three days, but there were no immediate details of any casualties.

    27 June

    • A SLS FDL post between SLA controlled Thalliadi and LTTE controlled territory in Mannar was attacked by the LTTE. Five SLA troopers were killed in the pre-dawn attack, the LTTE claimed, adding that the FDL post, 500 meters from the Thallaadi SLA base, was destroyed in the attack.

    • The SLN shot dead a youth during a cordon and search operation at Ward No: 8 of Pesalai, Mannar. The SLN said they shot dead an unidentified youth in retaliation when he and another opened fire on the SLN troops. The other youth fled from the scene and a T-56 rifle was recovered from the site, the SLN said.

    26 June

    • Four men, Vadivel Raveendra, 32, Sinnathamby Sivanathan, 27, Nadarasa Jegatheeswaran, 24, and Navarathinarasa Ketheeswaran, 21, all daily wage earners, have been reported missing from Meesalai, Kodikamam and Inuvil areas, officials at the SLHRC in Jaffna, said citing complaints made by relatives. Raveendra and Sivanathan, both residents of Choalaiyamman Koayiladi in Meesaalai south, had been reporting to the SLA civil administration office in Chavakachcheri since May 23 to sign a register on SLA orders. Raveendra was not seen after June 23 and Sivanathan disappeared on June 16, both after signing the SLA registers. Jegatheeswaran was reported missing after he left for work on June 21 from his home at Inuvil. Ketheeswaran from Manthuvil, Kodikamam, was detained by the SLA and interrogated on June 16, and was ordered to report and sign the register at Kodikaamam SLA civil administration office. He has not been seen after he went to the Kodikamam office to record his signature.

    • P. Suhirthan, 23, a resident of Railway Station Road, Kokkuvil, Jaffna, is missing, feared abducted, after he left home in the morning to visit his relatives, according to a complaint by his family at the Jaffna office of the SLHRC.

    25 June

    • The SLA and police conducted a cordon and search operation in Pallimunai and Uppukulam villages in Mannar. Every house was searched during the operation and all vehicles passing through the areas were stopped and searched.


  • Increasing threat to Sri Lanka journalists
    International media watchdogs expressed their growing concern for the safety of journalists and the sanctity of media freedom in Sri Lanka.

    “Pressures on the media have multiplied over the recent months with increasing fears for the safety of journalists, especially those operating in the embattled North and East”, the International Media Group (IMG) said in a press statement.

    The group visited Sri Lanka between June 17 and 23 to discuss issues related to media freedom in the country.

    “There appears to be complete lack of progress in the investigation of cases of murdered and attacked journalists, and no suspect in such attacks has been taken to court since the current president came to office,” the IMG report notes.

    The media group statement also notes that since August 2005, eleven media workers have been killed, including Subash Chandraboas of the Tamil monthly, Nilram, and Selvarajah Rajivarman, of the Tamil language Uthayan newspaper. Both men were murdered in Sri Lanka government-controlled areas.

    The increasing hostility of the authorities towards the media and the willingness of the individual ministers to verbally attack for the perceived failings are encouraging a climate of self-censorship, the IMG report also notes.

    “In Jaffna the government has restricted the passage of newsprint and ink to the city’s Tamil media”, the report notes.

    The majority of the Jaffna population lack access to internet and most people depend on daily newspapers for their local information, residents said.

    The Centre for Policy Alternatives submitted a report to the International Media Group stating that “cabinet minister Champika Ramawaka had publicly advocated the brutal suppression of dissent, even through extrajudicial means,” the Hindustan Times newspaper reported.

    “Newspaper offices in Tamil-speaking Jaffna had been attacked with guns and bombs by pro-government Tamil armed groups,” the paper said.

    Within the past week, a Tamil journalist working for Thinakkural daily was assaulted by a group of airmen after being taken into a Buddhist temple in the High Security Zone in Fort in Colombo, TamilNet reported. He was on his way to cover an event at the nearby Presidential Secretariat.

    The safety of media workers was also highlighted by other watchdogs.

    “Of most concern to the mission is the continued targeted killing of media workers,” Jacqueline Park, director of the International Federation of Journalists, was quoted by Reuters as saying.

    “What's most worrying is the impunity, the fact that none of these cases are being investigated and being brought to court,” she said.

    "We were given assurances that the cases would be investigated," she added. "Eleven journalists and media workers have been killed since August 2005."

    The “[Sri Lanka] Army-held northern Jaffna peninsula [is] among the most dangerous places in the world to cover,” Reuters quoted the international press freedom mission that included Reporters Without Borders and the International Federation of Journalists as saying.

    The mission called on President Mahinda Rajapaksa's government, under mounting pressure from the international community on human rights amid mushrooming abuses, to safeguard media workers during a raging propaganda war.

    The government has already ruled out one of the group's demands - that a United Nations human rights monitoring mission be brought to the island.

    “There is still an attempt by all groups to intimidate and harass the media, and that is having a very real effect -- a chilling effect -- on press freedom,” Park added.

    “Our message is very clear. The responsibility for creating a secure working environment lies with the government and it needs to do this by not tolerating any attacks or killings of journalists and media workers.”

    “What we found is in the government-controlled areas there is a general feeling of fear and it has a huge impact on the way the people living in the Jaffna region can get access to information,” said Vincent Brossel of Reporters Without Borders.

    “There is no political will to investigate such crimes and that is perpetrating a feeling of fear among the Jaffna journalists,” he added, referring to killings.

    Reporters Without Borders also called on the government to stop censoring the TamilNet website, local access to which has been blocked for days.

    Though Sri Lanka's government and military both denied they had ordered internet service providers to block www.tamilnet.com, Sri Lanka's leading mobile operator Dialog Telekom, which also offers internet services, told Reuters that it had blocked access to the site on the orders of the government.

    “Tamilnet is a source of news and information that is known throughout the world and for the past 10 years its coverage of Sri Lanka's civil war has proved essential,” Reporters Without Borders said.

    “The government must put a stop to this censorship and restore access to the site at once.”

    TamilNet’s editor, Dharmaretnam Sivaram, was murdered in 2005. He was one of six Tamil journalists and five other Tamil media workers killed since 2004, according to the Free Media Movement.

    The government denied any wrongdoing. “The government has nothing to do with this,” Media Minister Anura Priyadarshana Yapa said. Another minister joked he wished he could hire some hackers to block TamilNet.

    IMG recommended the government amend or revoke various pieces of legislation that it said failed to meet international standards on press freedom of expression.

    The recent visit by the IMG was a follow up session to the initial mission that began in October 2006 to assess the impact of the conflict on the media.

    The initial report, Press Freedom and Freedom of expression in Sri Lanka: Struggle for Survival, published in January 2007, found that media, especially the Tamil Media was “under heavy and sustained attack”. This session was aimed at monitoring the progress so far.

  • Concerns over evidence in aid workers’ murder inquiry
    There may have been evidence tampering in the investigation into the murder of seventeen aid workers killed in Sri Lanka, an international body observed last week.

    Seventeen workers of Action Contre La Faim (Action Against Hunger) were murdered in Muttur in August last year, in the midst of heavy fighting between the Sri Lankan military and the Liberation Tigers.

    While the government initially blamed the Tigers, international monitors accused government soldiers, and government officials too have in recent months begun to accept ‘some soldiers’ may have been responsible.

    The International Commission of Jurists (ICJ), the body of lawyers observing the government inquiry into the murders, raised concerns over the evidence in the murder investigation via an “addendum” to their original report on the investigation.

    Their concerns centered on reports by two pathologists into the caliber of bullets found in the bodies.

    A government pathologist said eight bullets found in seven bodies were 7.62 calibre, which contradicted a report from an Australian pathologist that one of the eight bullets was 5.56 calibre.

    Consequently, the ICJ report concluded, “there is therefore evidence to indicate that the 5.56 calibre bullet was removed from the evidence submitted as exhibits to the Kantale Magistrate, and that another bullet of a different type was substituted”.

    “5.56 calibre bullets are used in M-16 riffles and that Sri Lankan Special Task Force and some Special Forces within the army and navy are known to use such weapons, and also the members of a naval special force armed with M-16s were reportedly in Muttur in early August of 2006,” the report also notes.

    The ICJ report has reinforced a perception that aid workers operating in the Northeast are increasingly more threatened, with a rising number of attacks against them, and a lack of basic protection and support.

    Local press reports suggest many aid workers are leaving the northeast for their own safety.

    Just last month another aid worker was shot dead in the east. A Sri Lankan guard in Trincomalee shot a Filipino man from the US charity Mercy Corps as he was walking along the beach. This followed the abduction of two local Red Cross staff earlier in the month.

    Further, press reports suggest members of the Sri Lanka Armed Forces and unidentified armed persons continue to intimidate and threaten other local humanitarian staff, especially employees from Sri Lanka Human Rights Commission (SLHRC) based in Tamil areas.

    Police officers at Jaffna University stopped a SLHRC official vehicle and harassed the officials inside, interrogating them for nearly half an hour according to press reports last week.

    Similarly, Sri Lanka Army soldiers manning a check post in Panai, Jaffna stopped a SLHRC vehicle and carried out a thorough checking, lasting for about half an hour, claiming they suspected explosives hidden in the vehicle.

    Though SLHRC staff have complained to senior army officials, no disciplinary action has been taken, the press reports said.

    This has resulted in many SLHRC coordinating officers serving in the Jaffna peninsula leaving or contemplating relocation as they fear for their lives if they continue to serve in the north.

  • Sri Lankan Attorney General ‘indiscreet’: IIGEP chair
    The war of words between the man presiding over the international panel overseeing probes into rights abuses in Sri Lanka and the Sri Lankan government took another turn this week, with the former Indian chief justice took strong exception to an attack on him.

    P. N. Bhagwati said that Sri Lankan Attorney General C.R. de Silva made ‘very indiscreet observations’ while criticising reports by the International Independent Group of Eminent Persons (IIGEP), which the Indian heads, reported IANS.

    De Silva “should not have made the very indiscreet observations,” Bhagwati told IANS.

    “He has every right to make his own submission or even to give a different opinion. As a judge, I have always welcomed dissent because dissent helps to discover the truth.”

    “But such criticism should be in proper language, respectful language. If it extends to abuse, it is wrong,” added Bhagwati, 84, who headed India's Supreme Court in 1985-86.

    Sri Lankan President Mahinda Rajapakse set up the IIGEP in February to oversee the investigations carried out by the Presidential Commission of Inquiry, which was set up in November 2006 to look into several high-profile human rights violations.

    This month, IIGEP, which also has eminent jurists from other countries, said the Presidential Commission had not made noticeable progress in investigating rights abuses and that its independence, timeliness and witness protection did not meet international standards.

    It also sought an international human rights monitoring mechanism to be set up in Sri Lanka or be invited to the war-torn country.

    Bhagwati also found fault with de Silva's language. “I don't mind the attorney general criticising IIGEP, after all I represent the committee. It is not a personal thing. If he thinks we are wrong, he should say so in proper, dignified language.”

    Bhagwati also questioned the ‘conflict of interest’ by the Attorney General being involved in the investigations.

    In response, de Silva alleged that Bhagwati's remarks were based on ignorance, were not in good faith and that it would have been far more prudent if Bhagwati had personally observed the proceedings of the Presidential Commission.

    De Silva also issued a sternly-worded response accusing the IIGEP of interfering with the legal system of Sri Lanka and made a specific charge of the IIGEP visiting the Kantalai Magistrate and making inquiries on the on-going murder case of the 17 aid workers of a French-based NGO.

    However, the President’s office weighed into the argument last Friday, sending an urgent letter to Bhagwati “clarifying the Government’s position”.

    The President’s Office Friday informed Justice Bhagwati that the Attorney General’s position was not necessarily that of the Government, and requested Justice Bhagwati to continue with his work in Sri Lanka, the Sunday Times reported.

    This came in the wake of a meeting held this week between Sri Lanka’s Human Rights Minister Mahinda Samarasinghe and 84-year-old Justice Bhagwati in New Delhi where the former Chief Justice of the Indian Supreme Court had expressed his concern over the Attorney General’s allegations and conveyed his unwillingness to continue as Chairman of the IIGEP in such circumstances, the paper said.

    Soon after he was offered the job of heading a body of jurists from various countries to oversee investigations into growing human rights violations in the island nation, Bhagwati had told IANS in November last year that he would throw it off if there was interference in his work.

    Bhagwati maintained now that he had not studied the rights situation in Sri Lanka thoroughly.

    “I have not really studied the situation, yet. It is just the beginning. The Presidential Commission of Inquiry has just started work.”

    But he made it clear that the job of international jurists, including him, was only to see if the investigations were being done properly and not to do any probing themselves. “Ours is a supervisory body.”

    Bhagwati explained that he had gone to Sri Lanka “twice or thrice, but every time only to organize the things” related to IIGEP whose members, he told IANS, were people of “high standing, independent and fair-minded.”

    The public exchange of accusations has also been discussed when European Union officials met Sri Lanka embassy officials in Brussels, where it was held that it would have been prudent if these issues were resolved through a dialogue rather than issuing public statements, the Sunday Times reported.

    “The EU officials had told Sri Lankan officials that a person of the calibre of Justice Bhagwati would have made the statement he made only if he had good reasons to do so,” the paper said.



  • Government blocking UN’s Vanni fuel supplies
    The United Nations is accusing the Sri Lankan government of starving its humanitarian agencies of much-needed fuel to operate vehicles and also generators which power freezers storing life-saving vaccines and other medicines.

    The continued power shortages, caused by lack of fuel, will soon affect the preservation of vaccines and essential medicines, the UN warned in a letter to Defence Secretary Gothabaya Rajapaksa.

    The UN, which is engaged in the humanitarian task of providing relief supplies to refugees caught in the crossfire in the north-east, says its operational activities are expected to come to a complete standstill unless there is urgent action.

    In the letter to Mr. Rajapaksa, the UN's Resident and Humanitarian Coordinator Frederick Lyons says that since March "none of the UN offices in the Vanni has received their fuel allocation, despite the written approval received from the Commissioner General for Essential Services (CGES) for April, May and now June."

    "This unfortunate situation has compelled all UN agencies in the Vanni to reduce their operations dramatically, and cut the usage of generators and vehicles," Mr. Lyons said in the letter to Rajapaksa.

    The UN agencies operating in the north-east include the Office of the UN High Commissioner for Refugees, the World Food Programme (WFP), the UN Children's Fund (UNICEF), the UN Development Programme and the UN Population Fund (UNFPA).

    The letter also said that although some of the fuel allocations had been approved (with copies of letters of approval to the Chief of Defence Staff Joint Operations), the Ministry of Defence had failed to provide clearance for shipment and delivery through the checkpoint at Omanthai.

    The letter, dated June 15, also points out that the WFP office in Kilinochchi "has now just enough fuel for four to five days under minimum operation procedures and has now started shutting down its generators at night."

    The letter also warns that UN offices will soon be deprived of basic power supply and communications. "This in turn will seriously affect staff security."

  • UN Security Council condemns Sri Lanka abuses
    Sri Lanka was placed in the same league as Darfur, Iraq, Afghanistan and Somalia at a UN session last month, with members calling on the International Criminal Court of Justice to play a more prominent role.

    Speaking at the at the June 22 briefing of the UN Security Council, Jean-Marc de la Sabliere of France said that his country was extremely concerned that civilians were increasingly targeted and that "humanitarian space" was no longer a sanctuary.

    He invited States that had not yet ratified the two Additional Protocols to the Geneva Conventions to do so as soon as possible and said that impunity must be ended.

    "In addition, from Darfur to Iraq and Sri Lanka, millions of displaced people needed protection. He expressed great concern over attacks against humanitarian personnel and journalists, who must be protected using relevant Security Council resolutions," the Security Council said quoting Sabliere.

    Sabliere added that unimpeded access should be provided to vulnerable populations and that the Council must be informed of obstacles to humanitarian assistance.

    Karen Pierce, the United Kingdom representative, aligning her statement with the one made by Germany on behalf of the European Union, said ensuring the protection of civilians was central to the Council’s work.

    She added that gender based violence was rampant and millions were displaced while humanitarian workers and journalists were being attacked. She also expressed concern over the impact on civilians in Burma, Sri Lanka and Somalia.

    German representative Michael Von Ungern-Sternberg noted that while the number of conflicts had gone down, the number of civilians suffering due to armed conflict was on the rise. He also said parties to conflicts were increasingly disregarding respect for basic humanitarian law.

    "The growing number of journalists being killed was also extremely disturbing, as was the number of humanitarian personnel being killed and attacked while on mission to help people in need,” he said.

    “In that regard, he strongly condemned the recent killing of two workers of the Lebanese Red Cross, two Red Cross workers in Sri Lanka, two United Nations workers in Gaza, a member of Médecins sans Frontières in the Central African Republic, a member of Caritas International in Darfur and all other killings of humanitarian personnel," the Security Council quoted Ungern-Sternberg as saying.

    International human rights law continued to be applicable to everyone within the jurisdiction of the State concerned in time of armed conflict Ungern-Sternberg said, adding that Council resolution 1612 set an enhanced framework for the protection of children in armed conflict.

    International humanitarian law urged all parties to allow full, unimpeded access by humanitarian personnel to civilians in need of assistance.

    Canadian representative John Mcnee, who also spoke on behalf of Australia and New Zealand, said the protection of civilians was not a theoretical debate and that men, women and children were being deliberately targeted by warring parties.

    "Men, women and children continued to be the deliberate targets of warring parties and terrorist entities in Darfur, Afghanistan, Northern Uganda, Lebanon, Somalia and Sri Lanka, among other areas. The Council has given much laudable attention to the topic, but words must continue to be turned into deeds," he said.

  • Sri Lanka intensifies war, exaggerates casualties, increases recruitment - paper
    While war preparations are widening, the ongoing undeclared war in between the government and the LTTE is taking an increasingly heavy toll on the truth, as casualty figures become part of the war effort, a Sri Lankan defence column reported last week.

    “Adding statistics of claimed guerrilla deaths as well as injuries in the recent months would have surpassed the numbers military top brass give as the total strength of the LTTE,” Sri Lanka’s leading defence columnist said in his weekly column.

     The Sri Lankan military has advanced its FDL, enroaching into Tiher held land. Graphics Sunday Times.
    Writing in the Situation Report column of the Sunday Times newspaper, Iqbal Athas notes that the military was also tight lipped about their own casualties.

    The columnist notes that the Sri Lankan military is intensifying its actions in the northeast.

    “The focus of such action in the North in the recent weeks is the Wanni region, areas ahead of the defended localities of the Security Forces west of the Omanthai entry-exit point. [The Sri Lankan military] had in fact re-adjusted their Forward Defence Lines (FDL) further to the front from their original position,” his column reported.

    “On June 2, the 56 Division (four battalions) and 57 Division (seven battalions) launched a limited pre-dawn operation to seize more terrain. The general areas of Villatikulam, North and North West of the village of Kalmadu (already under Security Forces control) were the scenes of fierce battles,” the Situation Report stated, siting an example of an actual clashes in the north.

    “By 8 a.m. that day, Tiger guerrillas launched a counter attack. Groups of guerrillas confronted the troops almost head on. Heavy fighting continued for over seven hours. Troops were forced to make a tactical withdrawal,” the column reported.

    “Later that evening, the guerrillas fired 130 mm artillery. More than 800 of the Army's own 130 mm artillery shells were destroyed after one of them fell at a storage area south east of Pompeimadu. It led to deafening explosions and a massive bonfire,” the column noted.

    “The Sunday Times has learnt from highly placed Army sources that five officers and 67 soldiers were killed. A further two officers and 24 soldiers are declared missing in action. Twenty officers and 298 soldiers were wounded in action,” the defence columnist reported.

    “These sources claimed that 800 guerrillas were killed and a further 700 were wounded. The claims of guerrilla casualties, no doubt, are on the higher side,” he noted in the column.

    Moving to clashes in the east, Mr Athas states: “Another operation to seize areas in and around Baroni’s Cap or Thoppigala - Narakamulla began on June 8. Before the crack of dawn that day, commandos ventured into guerrilla-held area to launch attacks on their camps. Some of the camps were captured and later destroyed. By 7.30 a.m. ahead of the villages of Panjimarathadi and Narakamulla, the guerrillas launched fierce counter attacks. By evening troops were forced to make a tactical withdrawal to their original positions north of Rugam.”

    “The next day troops fired artillery at guerrilla positions. It drew retaliatory fire. In the days that followed, they gradually advanced to encompass the area. Bitter fighting continues,” he wrote.

    “In the fighting 15 soldiers have been killed. Six officers and 142 soldiers have been wounded, according to highly placed Army sources,” the column noted.

    “These sources claimed 400 guerrillas were killed and 100 more were wounded. Here again the number is on the higher side. If past guerrilla casualties in the East were added to these figures, it would have exceeded the [military estimates of] guerrilla strength there,” the Situation Report column noted.

    The defence columnist also noted that the armed forces “have embarked on a programme to enhance their strength by 50,000.”

    “The Army will recruit 25,000 more whilst the Navy will recruit 15,000 and the Air Force 10,000,” he wrote.

    “The Sri Lanka Army now has an approved cadre of over 100,000. That strength, at least on paper, exceeds the strength of the British Army. However, Since January 1, 2005 until April 20, 2007, Army records reveal that a total of 93 officers and 10,060 other ranks have deserted their posts,” he notes.

    “Some availed themselves of periodic general amnesties. The last general amnesty from January 20 to February 12 this year saw a total of 3979 (2758 regulars and 1221 volunteers) return to service. Added to these are the vacancies caused by troops killed or left out of battle due to injuries,” the defence column said.

    “Enhancing the strength of the Army has drawn mixed reactions from serving senior officers,” the columnist said.

    “Some are of the view that existing battalions, with some exceptions, are under strength. Whilst the ideal strength was 855 troops per battalion, there were some with a strength of 400 to 500 troops. Hence, they were of the view that depleted battalions should be merged and made full strength to ensure the maximum utilisation of resources,” the column said.

    “But others held a different view,” the defence columnist noted.

    “Though depleted, allowing the battalions to remain that way, they argue, enabled them (though small in number) to obtain their entitlements. More importantly, it also means an increase in the number of officer cadres thus throwing open the doors for rapid promotions,” he wrote.

    “When the new recruitment drive is over, the total military strength – Army, Navy, Air Force, Police, Special Task Force, Home Guards would be over 300,000,” the column reported.

    Mr. Athas also focused on the increasing focus by the military on their propaganda.

    “Whilst stepping up the military offensives in the North and the East, the defence establishment is now devising new ways and means of heightening their publicity drives,” he wrote.

    “This is particularly in the light of political developments that have generated adverse publicity and thus given them a poor public image. Top rungers in the defence establishment believe fresh initiatives to project the "vast military gains" would reverse this situation,” he notes.

    “One such measure is to brief members of the clergy representing important temples in the country. Military top brass are to give them a full briefing next week on successes in the North and East and the plans that have gone in so far to "defeat" the LTTE. The idea is to get them to go back to their towns and villages and tell the public there of what they have learnt,” he wrote.

    The defence columnist also reported that even as the military steps up its action in the northeast, Sri Lanka’s President, Mahinda Rajapaksa, has continued to state his opposition to a military solution.

    "I do not want to pursue a military solution. I want to talk with the LTTE without any pre-conditions. Velupillai Prabhakaran must convey his moves and not others," the column quoted President Mahinda Rajapaksa as having told the Norwegian facilitators.

    In response to a question on what the government of Sri Lankan wanted from the Norwegian government, Mr Rajapaksa “made clear if there was an assurance from the LTTE leader that guerrilla attacks would cease, the Government would follow suit,” the Sunday Times column said.

    The Situation Report column said the President had urged Norway to continue its efforts to bring the LTTE to the negotiation table.

    But the President also did not favour an immediate visit to Sri Lanka by Special Envoy Jon Hanssen Bauer, the paper said.

    “President Rajapaksa was of the view that Norway should make contact with the LTTE leadership from Oslo since a visit at this juncture would not be opportune,” the column said.

    “Even if he did not say so, the Government would have found it difficult to facilitate such a visit in the coming weeks,” the paper noted, adding “there was heightened military activity in southern parts of the Wanni, particularly west of the A-9 highway. It would have necessitated the suspension of such activity, a move that would have drawn protests from military commanders.”

    “In his first dialogue with Norway's peace facilitators after a break of over a year, President Rajapaksa, has made it unequivocally clear the war on the LTTE will continue. This is not withstanding his assertion that he was not committed to a military solution,” the paper noted.

    This stance leaves Norway with only “remote control diplomacy” Mr. Athas noted, adding “the peace facilitator has heard the Government of Sri Lanka in Geneva and not in Colombo. And the President has told them they could hear the LTTE by making contacts from Norway. A visit to Sri Lanka has thus been stalled.”

    “In reality, Norway's peace facilitator role has been, at least for now, temporarily confined to outside the shores of Sri Lanka,” the Sunday Times column said.

    “Added to that, the second arm of the peace facilitator mechanism, the role of the Sri Lanka Monitoring Mission (SLMM) has also become curtailed,” the Mr. Athas noted in his Situation Report column.

    Citing the fact that the SLMM has declared it would no longer issue rulings, the defence columnist notes: “The [SLMM] spokesperson insisted that the decision not to issue rulings was made by the SLMM and not at the instance of anyone in the Government.”

    "This is mainly because of the extended number of incidents. We cannot pretend to know every one of them," Thorfinnur Omarsson, media spokesperson for the SLMM told The Sunday Times.

    "This temporary move, however, did not mean the SLMM will not monitor the ceasefire. We will cover the incidents, have them in our database and issue our own reports," he was quoted as adding.

  • New eastern security zone 'discriminates against Tamils'
    Calling it a “blatant violation of the fundamental human rights of the Tamil people”, the leader of the Tamil National Alliance condemned a Sri Lankan government move to establish a new high security zone in Muthur East and Sampur in Trincomalee.

    The establishment of a Security Zone around Trincomalee harbour will deny several thousands of Tamil families to settle on their ancesteral lands.
    Mr. R. Sampanthan, a Tamil MP for Trincomalee, charged that the new security restrictions would deny Tamils “their fundamental right to resettle on the lands owned and possessed by them” and urged Colombo to rescind the regulations in a speech delivered in parliament on July 20.

    An edited version of the text of his speech follows:

    The President has promulgated regulations which state that there shall be a Zone, to be called “Muthur (East) / Sampoor High Security Zone.”

    A great deal of uncertainty and confusion prevails in regard to the regulations.

    The regulations constitute a blatant violation of the fundamental human rights of the Tamil people, who have historically inhabited these areas, and are deliberately discriminatory against them on grounds of race.

    The implementation of the regulations could result in several thousands of Tamil families, who have been historical inhabitants of several ancient Tamil villages in the areas, and who were displaced by the indiscriminate aerial bombardment and multi barrel rocket launcher fire in the course of military operations in the areas by the Sri Lankan State, being denied their fundamental right to resettle on the lands owned and possessed by them, to carry on their livelihood, and pursue their economic social and cultural aspirations in the villages.

    This is their birthright and cannot be denied to them.

    This action has been capriciously taken by the Sri Lankan State without any form of consultation with the Tamil people or their democratically elected representatives.

    This action if pursued will inflict immeasurable and irreparable harm to the lives of these thousands of Tamil families and their descendants.

    We therefore call upon the Government:
    (I) to refrain from taking any steps to implement the said regulations and
    (II) to take steps to rescind the said regulations.

    So that these thousands of Tamil families can resettle on their lands possessed and owned by them in the villages, and recommence their lives.

    This Gazette notification seems quite vague and quite confusing in regard to several matters.

    Be that as it may, it would appear that the area covered by the Gazette notification, which has been declared a high security zone, would cover approximately 50 percent of the present Muthur Divisional Secretary's Division.

    The present Muthur Divisional Secretary’s Division is 179.4 square kilometers in territory, and if it would cover 50 percent of that territory, it would appear that this high security zone would encompass about 90 square kilometers of territory, which is a very substantial extent of land.

    That is the extent of land which apparently is covered by these regulations and which has been declared a high security zone, if these regulations are implemented in the way in which it is proposed.

    There are within this territory 12 Grama Sevaka Divisions. There are 28 villages comprising of 4249 families and making a total population of 15648 people. I will not read out the names of the Grama Sevaka Divisions nor the names of the villages.

    In these villages there are 19 schools, and one of them is Chenaiyoor Central College which is the most leading educational institution in the entire Muthur area.

    In these 19 schools, several thousands of children, according to my information approximately 5000 to 6000 children, are being educated.

    In this area, which is supposed to be declared as a high security zone, 18 Hindu Temples and one Methodist Church are situated.

    This area has 88 minor tanks under which people cultivate. It has grazing lands meant for the livestock owned by the people in the area, which is approximately 2000 hectares in extent.

    Farming, fishing and livestock breeding are the main occupation and source of income of these people. There are several fishing villages in this area comprising of a large number of families who depend upon fishing.

    There are two hospitals in the area. One is the Sampoor Hospital and the other one is the Paddalipuram Hospital.

    If this high security zone concept or proposal is to be implemented in this area, I would earnestly request the House to visualize the havoc, the utter havoc, that would be created in the lives of these large number of people living in that area.

    We are also very concerned because of the impression that is sought to be created by certain very highly placed Government persons that this Sampoor area was indeed a Sinhalese village in ancient times.

    In fact I do not mind mentioning on the Floor of this House, that some diplomats have inquired from me, and asked me about the correct position on the basis of some statements made to them by persons in high Government positions.

    This has become a matter of grave concern to us and I therefore want to put the record straight, and put the matter beyond doubt, for these are not matters which can be allowed to be left in the realm of doubt, and in the realm of myth, for people to play around with.

    I have with me the Gazette of the Census of Ceylon 1881 where it is stated that there were in 1881 four Wannivar Divisions- Assistant Government Agent’s Divisions - in the Trincomalee District.

    The first was Trincomalee Town, the second is Kaddukulampattu the third is Kottiarpattu and the fourth is Thampalakamampattu, and this entire area Sampoor and Muthur East area comes within the Kottiarpattu Wannivar’s Division or the Kottiarpattu AGA’s Division.

    According to the Census of 1881, the population breakdown ethnic-wise in the Kottiarpattu Division is as follows: Europeans – 01, Eurasians and Burghers – 13 (Males – 07, Females –06), Sinhalese -11 (Males – 11, Females – none), Tamils – 3027, (Males – 1646, Females – 1381), Moormen Muslims 1673 (Males – 881, Females – 792), Veddas – 38, (Males – 21, Females – 17).

    I have with me the Census of 1827, based upon religion and according to that, the Hindus were 14,182, the Buddhists were 250, the Moors were 3245 and the Christians were 1481, in the whole of the Trincomalee District. Most of the Christians would have been Tamils. What is important is that the Hindus all of whom would have been Tamils were 14,182, and the Buddhists all of whom would have been Sinhalese were 250.

    I am only mentioning these figures because as I said before, there is the need for this confusion and these myths that were growing in the minds of these people to be dispelled, and they should realize that they have been seriously mistaken in expressing this point of view to some diplomats and others with whom they have discussed this matter.

    We are concerned also because the Government thinks that there are certain security considerations which need to be addressed. It is our view that such Security considerations can be addressed without a severe and total denial of the fundamental human rights of the long standing Tamil Civilian residents of these areas.

    The Government action is indicative of a total lack of sensitivity to the rights of the Tamil Civilian population and is strongly reflective of anti-Tamil racial discrimination.

    The Government is insensitive to such severe and total denial and deprivation of civilian rights, because the civilians are Tamils.

    The Government has not and will not on grounds of security, inflict such denial and deprivation on the Sinhala civilian population.

    This leads me to the more fundamental question of why this distinction exists in the mind of the Government, between the Sinhalese and the Tamils relating to security.


    Is it not, for the simple reason, that you have not accommodated diversity, and pluralism, and recognised the most fundamental human right of the Tamil people, the right to internal self determination in the areas of their historical habitation?

    It is this failure on your part that compels the Tamil people to disaffect and rebel, more particularly the Tamil Youth to rebel.

    Have you honestly and meaningfully addressed the cause of such disaffection? Is not the solution, the granting of substantial self-rule to the Tamil speaking people, in the territories in which they have historically lived and are in a majority?

    Your lack of will, or ability, to do the correct thing drives you to confiscate and expropriate the land, the property, which belongs to these Tamil people and which they have historically inhabited. You will not stop at that, indeed with such thinking, you cannot stop at that.

    Your task, in accordance with your thinking, will be fully accomplished only when this land, this property, of the Tamil people, is occupied by Sinhala people of your choice.

    The Tamil people see this move of your’s as yet another step to spread your tentacles into the Tamil speaking historical habitation.

    It is my duty to state, that such diabolical action on your part cannot and will not achieve either of your objectives; neither the security you seek, nor the Sinhalisation of Tamil speaking territory, both of which you believe can be achieved through military aggression.

    But in the process, the Tamil civilian population is being grievously victimised. Such action on the part of the State can only be described as heinous.

    It is also my duty to state, that security can be achieved only through a just and honourable peace- and this is not achievable by mere words – by empty rhetoric, it is achievable only through action, primarily by the Sri Lankan State that demonstrates a strong commitment to a just and honourable peaceful resolution of the conflict.

    We call upon the Government to facilitate the resettlement of the displaced Tamil civilians on the lands from which they were displaced. Nothing less would be acceptable.

    [The people] have been evicted as a result of military action, and now you are contemplating to keep them out completely, by declaring this area, 90 square kilometers of territory, 50 per cent of the Muthur AGA's Division, as a High Security Zone, so as to ensure that these people will not be able to return and live in those territories.

    And thus these people will be denied the right to lead a decent life as human beings, to carry on their livelihood, their farming, their fishing, their livestock breeding, have their children educated, and pursue their economic social and cultural aspirations in the area in which they and their ancestors have lived for generations and centuries - and in which their descendents, will continue to reside for many more centuries and generations to come.

    If the Government persists in its proposal to retain this area as a high security zone, and to keep these people out of this area, it would mean that the Government is deliberately engaged in a policy of ethnic cleansing, of keeping Tamils out from areas, which they have historically inhabited and the Government would render itself liable to the charge of deliberate ethnic cleansing in these areas.

    I would appeal to the Government to abandon this idea, to refrain from implementing this proposal, to discuss this matter with the democratically elected Members of this area and arrive at a solution which will not result in the people being harmed in this way.

    The Government should reverse their decision and decide not to proceed with this proposal.
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