Tamil asylum seeker Mano Yogalingam has died from self-immolation in Dandenong, Australia, having waited 12 years for a permanent visa.
Tamil asylum seeker Mano Yogalingam has died from self-immolation in Dandenong, Australia, having waited 12 years for a permanent visa.
The 23 year old set himself alight on Tuesday night and suffered burns to 80 percent of his body. Yogalingam succumbed to his injuries at The Alfred Hospital in Melbourne on Wednesday.
The Tamil Refugee Council (TRC) reported that Yogalingam was from Puttalam and fled the island at the age of 11 with his family following threats from the Sri Lankan military. The family arrived in Australia by boat from India in 2012 where he was detained for several months.
For the last 12 years, Yogalingam has been on a bridging visa, a short term visa that must be renewed. He had previously applied for refugee status but this was rejected under Australia's "fast-track" system.
Photograph courtesy of Tamil Refugee Council
Yogalingam’s death comes as asylum seekers have been camping outside the Department of Home Affairs for over 45 days to protest the Australian government’s immigration policy. Yogalingam who was also in attendance at the protests, was amongst many that were calling on the Australian government provide asylum seekers with permanent visas.
Speaking to Tamil Guardian, TRC's spokesperson Renuga Inpakumar said:
"Mano, a 23 year old Tamil was in fear of being deported. Mano was just 23 years old. He would come to the 24/7 action everyday and help everyone.
He felt he had nothing to live for because of the harsh Australian migration laws. This is the life of refugees who have been in limbo for 14 years. We will remember Mano and the many refugees who died due to suicide for the past 14 years because of the harsh immigration laws. We will not give up this fight for permanent visas. We will carry the legacy of refugees who have been victim to these laws."
ABC News reported when they contacted Home Affairs Minister Tony Burke for a comment, a Home Affairs spokesperson said “for privacy reasons, the department cannot comment on individual cases.”
A vigil was held yesterday at the protest site to commemorate Yogalingam’s death and continue calls for the Australian government to issue permanent visas to asylum seekers who are stuck in limbo and have no certainty about their futures in Australia.
Officers from Sri Lanka’s counter terrorism department have been interrogating staff at a Tamil school in Kilinochchi, after students created an art display created during an inter-house sports event six months ago.
Highlighting the distress faced by the staff at Konavil Tamil College in Killinochchi, schoolteacher Innasimuttu Satyaseelan said that the Sri Lankan police interrogations have been suppressing the Tamil people's freedom of expression.
“This situation causes significant psychological stress to the teachers who are responsible for educating the community,” said Satyaseelan. “It also represents a restriction on the Tamil community's freedom of expression, showing that the government treats Tamil people as second-class citizens.”
The decoration, made entirely by the students, resembles an archway that stood in front of LTTE cemeteries, or Thuyilum Ilam in Tamil. These cemeteries housed the bodies of thousands of Tamil fighters and have all been bulldozed or built over by the Sri Lankan state.
After the students' work gained attention on social media, officials from the Northern Province Education Department, acting on a request, visited the school. They conducted discussions with the school’s principal, vice-principal, deputy principal, the teachers in charge, and the student leaders before preparing a report.
According to Satyaseelan, officers from the counter terrorismunit in Killinochchi arrived at the school a week after the event to collect statements from the principal, deputy principal, and several teachers regarding the structure. Subsequently, the principal was questioned for approximately four hours.
Satyaseelan also said that two students were by Sri Lankan police along with their parents for interrogations.
After the school informed the Ceylon Teachers' Union (CTU) about the ongoing harassment, CTU General Secretary Joseph Stalin contacted the Northern Provincial Education Department and the Sri Lankan police in Colombo. This intervention led to a temporary halt in the interrogations.
However, during this time, an unidentified group was seen loitering around the school in vehicles registered in the North-Central and Western Provinces. On August 1, several teachers from the school were again summoned by the Sri Lankan authorities, with orders to appear on August 8. Upon hearing about the renewed police probe, CTU Leader Stalin intervened once more. Satyaseelan explained that in response, the anti-terrorism police informed the teachers that they no longer needed to give statements.
Despite this, on August 13 at around 7:30 a.m., officers arrived at the school and ordered the vice-principal and three teachers to report at their offices that same day to provide a statement. Satyaseelan noted that the school’s sports teacher was also summoned on August 14, but the police have not disclosed what crime the teachers and students are accused of committing.
“House decorations reflect the current situation,” Satyaseelan remarked. “In the south, military vehicles have been displayed. If our depiction of the hardships and crises we face on our land is problematic, it shows how we are being treated.”
He questioned how ethnic reconciliation can be considered under these circumstances. "This is a form of art. If you find it objectionable, consider our mental state—we have lived through these experiences."
Earlier this year, the Sri Lankan police initiated investigations into a decorative battle tank and a karthigai poo - the Tamil national flower - that were put on display at Thellipalai Union College's sports competition. Sri Lanka's military and police visited the school premises where they took photographs and videos of the displays. The senior management of the school was also instructed to visit the police station where a statement was recorded from the principal.
Whilst the oppressive surveillance by Sri Lanka's security forces in the North-East is not new, they have extended their clampdown in recent years. Earlier this year, a 16-year-old Tamil boy was interrogated by Sri Lankan police over a kite that was adorned with a map of Tamil Eelam at the Mullaitivu kite festival.
Last year, Sri Lankan police prohibited the use of the Karthigai poo at Maaveerar Naal commemorations in Mullaitivu after they claimed that the karthigai poo is an "LTTE symbol". During Maaveerar Naal 2023 commemorations, the Sri Lankan police went as far as banning yellow and red flags as the Tamil nation attempted to remember the tens of thousands of Tamils that sacrificed their lives in the armed conflict.
The Tamil National People's Front (TNPF) has submitted a written complaint to Sri Lanka’s Human Rights Council, detailing how Sri Lankan police obstructed their presidential election boycott campaign in Amparai last week.
Footage from Amparai shows police stopping a member of the TNPF, claiming that leaflets calling for a boycott “can't be distributed”.
“It's prohibited,” says the officer. “Demonstrations are prohibited."
In the presence of a TNPF representative, the officer-in-charge of the Thirukovil police station also said in Sinhala that this action was unconstitutional. The officer did not explain under which section of the constitution the call to abstain from voting is illegal.
Members of the TNPF were forced to abandon their campaign.
Since May, the TNPF has been urging the Tamil people to boycott the presidential election.
“The Sri Lankan government looks to the Tamil homeland as enemies,” a statement released earlier this year said. “They continue with their Buddhization, militarization, and structural genocide in the homeland. As long as the majority representation is in their hands, they will not consider the Tamils as their people but enemies.”
“The only option left to the Tamil people is to reject the presidential election.”
Tamil Nadu Chief Minister M.K. Stalin informed the Centre that eight more fishermen from Tamil Nadu have been apprehended by the Sri Lankan Navy and expressed concern over the "alarming recurrence" of such arrests. This is the second such incident within a week, with the Sri Lankan Navy having apprehended 11 Indian fishermen on August 23 for alleged maritime boundary violations.
According to the Sri Lanka Navy, the operation was conducted north of Mannar on August 26, 2024. That evening, inshore patrol craft belonging to the North-East Naval Command were deployed to drive away the Indian fishing trawlers poaching north of Mannar. The operation resulted in the seizure of one Indian fishing trawler and the apprehension of eight Indian fishermen who continued to remain in Sri Lankan waters despite being instructed to turn back.
The seized trawler, along with the eight Indian fishermen, was brought to Thalaimannar, where they were handed over to the Thalaimannar Fisheries Inspector for further legal proceedings. With this recent apprehension, the Navy has seized a total of 46 Indian trawlers and 341 Indian fishermen poaching in Sri Lankan waters in 2024.
"At present, 116 fishermen and 184 boats are in Sri Lankan custody. The alarming recurrence of such incidents has caused immense distress to the families of the arrested fishermen and has further exacerbated the livelihood problems faced by Indian fishermen. Their livelihood depends on these waters, and such arrests not only affect the well-being of the fishermen but also jeopardize the well-being of their families back home," Stalin said in the letter. He urged Jaishankar to expedite diplomatic efforts to secure the prompt release of all Indian boats and fishermen currently in Sri Lankan custody.
A day after this arrest, the Sri Lanka Navy also rescued two Indian fishermen from an Indian fishing vessel that was in distress in Indian waters, about eight nautical miles (about 14 km) off Kachchativu Island, northeast of Sri Lanka. The Sri Lankan Navy personnel spotted the fishermen as they swam ashore and recounted that their boat had suffered a damaged hull, causing it to capsize.
The issue of Indian fishermen poaching in waters off the North-East has been a bone of contention between India and Sri Lanka. The Sri Lankan government has failed to address these concerns, turning a blind eye to the issue in light of the upcoming presidential elections. Eelam Tamil fishermen have been protesting against the actions of Tamil Nadu fishermen, stating that their actions have endangered the livelihood of Tamil fisherfolk who fish in waters off the North-East.
Sri Lanka’s Minister of Foreign Affairs Ali Sabry, along with Central Bank Governor Dr. P. Nandalal Weerasinghe and Foreign Secretary Aruni Wijewardane, held a briefing in Colombo this week to garner support from foreign diplomats stationed in Sri Lanka ahead of the upcoming session at the United Nations Human Rights Council (UNHRC) next month.
According to a communique on the Foreign Ministry website, Wijewardane urged the “Colombo-based diplomatic community to understand the current situation in Sri Lanka, support the progress made so far, and participate in the Interactive Dialogue on Sri Lanka at the upcoming Human Rights Council session”.
She also stated that while Sri Lanka will “cooperate” with UN human rights mechanisms, it will oppose Resolutions 46/1 and 51/1 that were adopted by the Council. The Ministry’s assurances follow a statement from the Core Group, which emphasized the need to address the suffering caused by enforced disappearances.
Sri Lanka has repeatedly refused to allow an international accountability mechanism for atrocities committed against the Tamil people, despite several UN resolution demanding so.
At the 56th session of the UNHRC, the Core Group on Sri Lanka called on the government to "address the suffering caused by enforced disappearances," following a report by the UN High Commissioner last month.
In a recent statement, the Core Group — comprising Canada, Malawi, Montenegro, North Macedonia, the United Kingdom, and the United States — urged Sri Lanka to implement the recommendations of the report, which warned that the risk of future enforced disappearances persists due to the country’s failure to “tackle structural weaknesses and undertake necessary reforms.”
The Office of the UN High Commissioner for Human Rights (OHCHR) recommended that Sri Lanka acknowledge the occurrence of enforced disappearances on a "mass scale" and intensify independent and impartial investigations, holding those responsible accountable "through criminal and administrative processes."
The Core Group also called on the Sri Lankan government to "ensure that transitional justice mechanisms are independent, inclusive, impartial, transparent, and meet the expectations of affected communities."
Meanwhile, Minister Sabry told the diplomatic corps that Sri Lanka had made “significant achievements across various fronts over the past year, including advancements in economic recovery, legal reforms, and the strengthening of domestic institutions and mechanisms focused on reconciliation.”
These optimistic assurances come against a backdrop of increasing intimidation, protests, and arrests of the families of the disappeared in the North-East.
Tamil victim-survivors and the families of the disappeared have repeatedly expressed a lack of confidence in domestic mechanisms, and resoundingly called for international action.
Prominent Tamil Nadu actor ‘Thalapathy' Vijay unveiled Tamilaga Vettri Kazhagam's (TVK) partyflag last week in Chennai, along with a pledge honouring fighters who fought for the rights of Tamil people.
Thalapathy Vijay unveiling TVK Party Flag.
Prominent Tamil Nadu actor ‘Thalapathy' Vijay unveiled Tamilaga Vettri Kazhagam's (TVK) partyflag last week in Chennai, along with a pledge honouring fighters who fought for the rights of Tamil people.
During a gathering at TVK's headquarters Vijay unveiled the party flag, released the party's anthem, and took a pledge alongside his fellow activists.
The pledge read "We will always appreciate the fighters who fought and sacrificed their life for the liberation of our country and countless soldiers who fought tirelessly for the rights of our people from Tamil soil...I will remove the differences in the name of caste, religion, gender, place of birth, create awareness among the people and strive for equal opportunities and equal rights for all. I solemnly affirm that I will uphold the principle of equality for all living beings."
The newly unveiled flag boasts the Vaagai flower (Albizia Julibrissin) in the centre, accompanied by two elephants. In a historical context, during the Sangam period of approximately 3rd Century BCE to 3rd Century CE in India kings wore garlands adorned with these flowers to celebrate victory.
Speaking about the flag Vijay said, “like the silence before the storm, there is an interesting historical reference behind the flag” and that details of the political party's ideology and strategy will be revealed at the party conference scheduled for September.
Vijay, real name Joseph Vijay Chandrasekhar, announced on X earlier this year his intentions of entering politics in his desire to "help the people of Tamil Nadu and the Tamil community". Since then he formed the political party TVK and stated that his political goal is aimed at the 2026 Assembly elections. Vijay has already announced his plan to retire from acting after the release of his 69th film.
Previously Vijay has vocally advocated for the Tamil Eelam liberation struggle. His wife Sangeetha Sornalingam is an Eelam Tamil. In 2008, in the midst of the Mullivaikkal Tamil genocide, Vijay took part in a one-day hunger strike where he said "let freedom dawn for Eelam Tamils. This plea extends beyond just my fans; it is an earnest appeal to anyone who carries the essence of Tamil identity within them.” He went on, “We are tiger cubs!”.
Eelam Tamils returning to their temples within Jaffna's High Security Zone found them desecrated and their lands uninhabitable.
After 34 years, the Sri Lankan Army finally permitted Tamils in the North-East to return to their homes, lands, and temples in the North Nagulewaram Village in Jaffna.
Eelam Tamils returning to their temples within Jaffna's High Security Zone found them desecrated and their lands uninhabitable.
After 34 years, the Sri Lankan Army finally permitted Tamils in the North-East to return to their homes, lands, and temples in the North Nagulewaram Village in Jaffna.
However, the returning Tamils were dismayed to find many of the temple sculptures and structures damaged. For some, this was their first time returning to their original homes for decades.
They offered prayers and conducted religious observances for Pongal amidst significant hardship, as the lands and temples were left in ruins.
"We want to return to our own homes," the residents said. "We've been living in the homes of relatives, friends, or even renting for the past 34 years." They demanded that the Sri Lankan government take immediate steps to clear their lands and provide unfettered access to their temples and homes.
For some families, this visit marked the first time in almost 30 years that they had seen their homes. Much of the land was seized by the Sri Lankan military following an offensive to capture the Jaffna peninsula in 1995, which triggered an exodus of over half a million people.
Despite the passage of more than 15 years since the massacres at Mullivaikkal and nearly 30 years of occupation in Jaffna, the Sri Lankan military continues to occupy large areas of land across the Tamil North-East. Tens of thousands of troops remain stationed in the region, making it one of the most militarized areas in the world.
The Families of the missing person associations have announced that they would carry out a protest in Kilinochchi on August 30, to coincide with the International Day of the Disappeared.
The head of the association held a media briefing in Jaffna this week where they announced a collective decision to stage a protest. “We will begin our protest on the 30th morning at 9:30 am in from of the Kilinochchi Kandaswamy Temple and will initiate a protest march and will finally read out a letter that they wish to hand over to the United Nations Human Rights Council.
They have also invited political parties, civil societies, university students, and associations to participate and render their support to the protest.
According to the UN report in 1996, 11,513 people were reported as disappeared. According to the report of the Asian Human Rights Commission in 1996, there were 16,742 missing persons. However, Sri Lankan human rights activists believe this number might be double.
Tamil families of the disappeared have been protesting across the North-East since February 2017 to find out the truth about their loved ones who have forcibly disappeared at the hands of the Sri Lankan state. Many of those who were forcibly disappeared, were handed over to the state's security forces at the end of the armed conflict in May 2009. To this day, Sri Lanka has failed to investigate the disappearances and provide answers to the families.
In six years, Mari Selvaraj has established himself as one of the foremost voices in the Tamil film industry. Since his debut with 2018’s ‘Pariyerum Perumal,’ he has released a string of films which have been both politically and emotionally charged. His fantastic symbolic use of animals in his films are what come to mind first when looking back on his filmography, paired with beautiful cinematography. His latest feature is ‘Vaazhai,’ presented by the director as a semi-autobiographical slice of his life.
In six years, Mari Selvaraj has established himself as one of the foremost voices in the Tamil film industry. Since his debut with 2018’s ‘Pariyerum Perumal,’ he has released a string of films which have been both politically and emotionally charged. His fantastic symbolic use of animals in his films are what come to mind first when looking back on his filmography, paired with beautiful cinematography. His latest feature is ‘Vaazhai,’ presented by the director as a semi-autobiographical slice of his life.
The film follows Sivanaindhan, played by M. Ponvel, a young teenage boy who is the best student in his class. On his days off, he is expected to accompany his mother and sister Vembu (Dhivya Dhuraisamy) to ‘lug’ combs of plantain from the local plantation to awaiting lorries. In true Bildungsroman fashion, we watch Sivanaindhan experience his first love for a teacher at his school, Poonkodi Miss (Nikhila Vimal). Selvaraj paints a vivid and touching picture of innocent childhood in ‘Vaazhai,’ and its inevitable clash with harsh reality.
The cast played their roles perfectly. M. Ponvel and R. Raghul’s Sivanaindhan and Sekar shoulder their duties as the leads brilliantly, and their boyish friendship is wholly believable. The ‘angels’ of ‘Pariyerum Perumal’ return in the form of Vimal’s Poonkodi Miss. Kalaiyarasan appears in a supporting role as Kani and contributes passionately as always. Altogether, the cast do an excellent job of immersing the audience into this story and serve the film suitably.
The film is technically great. Theni Eswar returns as cinematographer, having collaborated with Selvaraj on ‘Karnan’ and ‘Maamannan,’ and his work is stellar here too. There are an abundance of aerial shots, looking down at our characters as they move through their lives by either an indifferent, cruel, dark-humoured or non-existent presence. People are seen as ants and animals are seen with majesty through Eswar’s lens. The gorgeous vistas of rural countryside present in every Selvaraj film feel even fresher in ‘Vaazhai.’
Santhosh Narayanan is in incredible form with his soundtrack and score. The highlight track is ‘Oru Oorula Raaja’ which samples the parping horn of a lorry and turns it into a royal fanfare, with wonderful lyrics penned by Selvaraj himself. ‘Thenkizhakku’ is another highlight, a song sung by Dhee, dwelling in the sweetness of first love.
In one scene, under candlelight, Sivanaindhan reads ‘I Wandered Lonely As a Cloud’ by Romantic poet William Wordsworth as a homework assignment. At its finest, there is undeniable poetry in Mari Selvaraj’s cinema. His extended metaphors recur like rhymes, his visuals are deliberate in intent, effect and pace, and the film moves with its own internal rhythm. One hopes for a truly great film a year - and we are elated when there are more. I am glad to say ‘Vaazhai’ is the first of this year, and also the best of Selvaraj’s career so far.
It seemed director Pa Ranjith could do no wrong. Since his debut, 2012’s ‘Attakathi,’ he has consistently released films which were both critically acclaimed and commercially successful, and managed the impossible by shifting the paradigm of the Tamil film industry. His two most recent ventures, 2021’s ‘Sarpatta Parambarai’ and 2022’s ‘Natchathiram Nagargirathu’ were both released on streaming platforms, which saw the director further hone his craft, being visually singular and novel for Tamil audiences. ‘Thangalaan’ is Ranjith’s latest feature, teaming up with actor Vikram and composer GV Prakash Kumar for the first time.
It seemed director Pa Ranjith could do no wrong. Since his debut, 2012’s ‘Attakathi,’ he has consistently released films which were both critically acclaimed and commercially successful, and managed the impossible by shifting the paradigm of the Tamil film industry. His two most recent ventures, 2021’s ‘Sarpatta Parambarai’ and 2022’s ‘Natchathiram Nagargirathu’ were both released on streaming platforms, which saw the director further hone his craft, being visually singular and novel for Tamil audiences. ‘Thangalaan’ is Ranjith’s latest feature, teaming up with actor Vikram and composer GV Prakash Kumar for the first time.
The plot follows Thangalaan Muni, played by Vikram, the leader of a tribe who riles up his clan to join Daniel Caltagirone’s Lord Clement, a British man committed to making an expedition to the surrounding lands in search of gold. Their biggest obstacle appears in the form of Malavika Mohanan’s Aarathi, a sorceress who protects the apparently cursed land. On paper, this plot seems like a surefire success, full of adventure and excitement. However, thinly written characters, shoddy special effects and an unwillingness to dive into the genre leaves ‘Thangalaan’ a tepid film.
The central performance by Vikram is great, with the actor returning to a physically demanding role which instated his reputation as one of the finest actors in the industry. His mannerisms, intensity and gait make the character believable on the outset. However, this is not a film that requires a one-man show. There are snippets of well written characters and performances that are let down by other factors. Parvathy Thiruvothu’s Gangamma plays a different but familiar shade of Ranjith’s headstrong female characters. Pasupathy plays Gengupattar, one of Vikram’s tribesmen who adopts Vaishnavism in the hopes of attaining moksha at the end of his life. Daniel Caltagirone’s Lord Clement, although being present in most of the film, is not able to leave his mark on the film due to a paper thin portrayal. All these characters could have been more impactful with fully realised arcs and more screen time. The most affected of all is Aarathi, who does not come across as the threat she is made out to be.
The best sequence of the entire film happens five minutes before the climactic reveal, where fantastic jump cuts and bold directorial choices are made to bone-chilling effect. These moments could have been better set up with further focus on the magical realism that is hinted throughout, but instead ultimately feels out of place.
GV Prakash Kumar's soundtrack also leaves a lot to be desired. The composer’s work seems to align with a trend of matching the quality of the film itself. This is also the case with ‘Thangalaan.’ The highlight of the soundtrack is the opening song ‘Aruvadai’ which acts as an introduction to the tribe as well as indicates towards the key themes of the film. The song ‘Minikki Minikki’ and its accompanying visuals are an unnecessary addition to the film, which slows down a film which was already beginning to outstay its welcome.
In conclusion, ‘Thangalaan’ is Pa Ranjith’s first miss in his otherwise stellar filmography. Despite it failing to meet the benchmark of his earlier films, it is a noble failure. There is no doubt that Ranjith will return to form in his future films, and although ‘Thangalaan’ may be a career lowlight, it would be a highlight in almost anyone else’s catalogue.
Ahead of Sri Lanka’s presidential elections, on 21 September, the Office of the United Nations High Commissioner for Human Rights (OHCHR) has released a damning report detailing the sexual abuse and intimidation of Tamil activists by Sri Lanka’s security forces; continued crackdowns on memorial activities across the North-East; and failure to advance accountability for human rights abuses committed.
Ahead of Sri Lanka’s presidential elections, on 21 September, the Office of the United Nations High Commissioner for Human Rights (OHCHR) has released a damning report detailing the sexual abuse and intimidation of Tamil activists by Sri Lanka’s security forces; continued crackdowns on memorial activities across the North-East; and failure to advance accountability for human rights abuses committed.
The report details that the OHCHR has received reports, as recent as January 2024, of arbitrary detention, torture, and sexual violence perpetrated against Tamils by Sri Lanka’s security forces, “mainly in Jaffna, Kilinochchi, Mannar, Mullaitivu, and Vavuniya”. They note that a clear pattern emerges of targeting and monitoring Tamils, “primarily men who had been involved in protests over disappearances, land/environmental rights or commemoration of war victims and were believed to be previously involved or linked with the Liberation Tigers of Tamil Eelam (LTTE)”.
Sexual violence
The victims describe being taken in the evenings or at night, blind folded and transported to a secret detention where they were interrogated for numerous days about their alleged affiliations with former cadre and attempts to “regroup the LTTE”.
“Many of the interviewees also reported experiencing sexual torture, including rape, squeezing testicles, forced nudity, biting of breasts, either during interrogation or in the holding cell. Victims described making up information or ‘confessing’ simply to get the treatment to stop, or signing blank papers or documents in Sinhala, a language which majority of the victims could not read”, the report details.
The report further details cases of intimidation and reprisals against family members of the families of the disappeared engaging with the UN. “Female victims in particular, reported receiving late-night calls from individuals claiming to be CID or TID personnel, who questioned them about their participation in protests and visits to Colombo or Geneva, including funding and individuals they had met”, the UNHCR details.
The report’s recommendations stress the need for Sri Lankan government to “publicly issue unequivocal instructions to all branches of the military, intelligence and police forces that arbitrary arrests, extrajudicial killings, torture, sexual violence and other human rights violations are prohibited and will be systematically investigated and punished”.
The report further calls on the Sri Lankan government to “order all security agencies and intelligence to immediately end all forms of surveillance and harassment of and reprisals against human rights defenders, journalists, victims of human rights violations and their families, especially women”.
The Sri Lankan government has responded to the charges by claiming that they have a robust domestic process which can deal with these charges.
Intimidating Tamil journalists and civil society actors
The report also documents “a persistent trend of surveillance, intimidation and harassment of journalists and civil society actors, especially those working on enforced disappearances, land seizures, environmental issues, and with former combatants” in the North and East.
The report details the cases of Tamil journalists Punniyamoorthy Sasikaran and Valasingham Krishnakumar who, in October 2023, were questioned for their coverage of the government’s land seizures. They received subsequent court orders, in November 2023, demanding the release of unedited footage of a Buddhist monk threatening violence against Tamils.
Regressive legislation
This fits in a wider concern within the report of regressive legislation aimed at stifling dissent. In discussing the Online Safety Act, the report warns that it “may result in the arbitrary targeting of anyone who may express dissenting or minority opinions or may be critical of the government’s actions”.
The OHCHR also raises concerns over the persistent use of Sri Lanka’s draconian Prevention of Terrorism Act and more recent legislation such as the Online Safety act and Anti-Terrorism Bill. They note that there is significant concern over “vague definitions of offenses, broad powers conferred on the authorities to enforce the laws, disproportionate penalties, and inadequate or absent judicial oversight”.
Crackdowns on memorials
The report also details that Sri Lanka’s Human Rights Commission has documented 46 cases of arrests and detentions under the PTA between January 2023 and April 2024. The OHCHR itself has received reports of at least 12 cases in the PTA was used to detain people, “primarily those participating or involved in organization of memorialization activities”.
The OHCHR highlights several commemoration events were disrupted in the East, including one in Trincomalee, in May 2024, in which four women were arbitrarily arrested for serving ‘kanji’.
The report not only condemns continued efforts by the Sri Lankan authorities to crackdown on memorial activities but encourages others states to “support memorialisation initiatives organised by diaspora groups outside of Sri Lanka”.
Pursuing accountability
Commenting on issues of accountability, the report notes that the “Government has rarely even acknowledged the serious violations that occurred in the conflict or provided victims with adequate redress”.
They further highlight that Sri Lanka has seen numerous commissions by successive governments but that they “have failed credibly to establish truth and advance accountability and reconciliation”. Additionally, they note that whilst the government in 2015 had committed to establishing a “judicial mechanism with a special counsel to investigate and prosecute these conflict-related crimes”, this has not been implemented.
The report examines several high-profile cases, such as the killing of five Tamil students in Trincomalee in 2006 and the murder of journalist Lasantha Wickrematunge in 2009, and details a pressing need to reform Sri Lanka’s Attorney General’s office “to ensure an independent prosecutorial authority, separate to the AG’s function, to be able to make independent prosecutorial decisions, including in relation to the cases of human rights violations”. Examining the few cases that progress to trial, the OHCHR notes that “there have been significant setbacks, which illustrate the oft-insurmountable barriers for victims to access justice even in the most emblematic of cases”.
Office of missing persons
In examining Sri Lanka’s Office of Missing Persons, the report notes that whilst the OMP has broad legal powers to investigate and summon individuals; it has instead “focussed primarily on assessing victim families’ entitlement to financial assistance, reducing ‘duplicate entries’ in their database and closure of files”.
“This approach puts the burden on families to provide additional information or evidence, which is often retraumatizing for victims” the report states.
Whilst the OMP has claimed to have established the fate of 16 missing persons, an earlier report from the OHCHR noted that the OMP "has not been able to trace a single disappeared person or clarify the fate of the disappeared in meaningful ways". It has been widely slammed by the Families of the Disappeared as a sham institution.
Land confiscation and restrictions on religion
Commenting on land confiscations, the report notes that whilst the government has claimed to release land but that this is complicated by: “changes to the physical landscape and destruction of landmarks; secondary ownership disputes; continued military presence, sometimes for economic activities; and practical difficulties with entering or utilizing released land as surrounding areas or access routes remained under military control”.
“In parallel, land disputes involving one or more State actors, including the Archaeology Department, Mahaweli Authority, Forest Preservation and Wildlife Preservations Departments, and police, continue to simmer”, the report details.
Additionally, concern is raised over the restrictions on religious worship practiced by Tamils. The report details that in March 2024, 8 devotees were arrested at Veddukkunaari temple, Vavuniya, whilst participating in the Shivaratri festival.
They further detail the dispute at Kurunthur Malai in Mullaitivu, in which a judge ordered the removal of an imposed Buddhist construction and subsequently found the Director-General of Sri Lanka’s Arcehological department was found in contempt of court. The judge was forced to resign his post in September 2023 following threats to his life.
Operation Yukthiya
The report makes a strong critique of the Sri Lankan anti-drug campaign knowns as Operation “Yukthiya” noting that by 20 May 2024 the government had arrested 121,957 individuals, the majority of which were “drug users or are drug dependent, but not drug traffickers”.
The Sri Lankan Human rights Commission details receiving 60 complaints over the operation, including 14 cases of torture. The report further slams the “disturbing rhetoric encouraging use of excessive force during the operations, coming from the Ministry of Public Security”.
They further raise alarm over the military’s engagement in drug operations noting that the military “continues to manage facilities like Kandakadu and Senapura, where reports of torture, ill-treatment and even death, alongside serious inmate conflict, have emerged”.
The report calls for the end of operation Yukthiya and release “all individual detained under this operation; provide community-based treatment, rehabilitation and harm reduction support to people with drug dependency; and develop and implement a human rights and public health centred drug policy in line with the International Guidelines on Human Rights and Drug Policy”.
Recommendations
The report concludes advising other states to consider using other international legal options to advance accountability and raises the ICC as a potential avenue as well as prosecutions under the principal of universal jurisdiction. They further detail the need for target sanctions on those implicated in human rights violations and for states to review their asylum measures to ensure that those from Sri Lanka are protected from “facing reprisals”.
They further called on the Sri Lankan government to avoid military involvement in law enforcement, commercial and civil affairs and significantly reduce military presence in the Northern and Eastern Provinces. Additionally, they called for the release of military held-land and the end to detentions under the PTA.
In a landmark decision, the British Indian Overseas Territories (BIOT) Court of Appeals rejected an appeal launched by the BIOT Commissioner, against an earlier Supreme Court judgement by Judge Mararet OBI, and reiterate its concerns over the welfare of Tamil asylum seekers on the territory, and in particular the welfare of children.
The Court emphasised the urgency of the situation, citing the lack of legal remedies available to the respondents. "There appears, therefore, to be no prospect of the majority of the protection claims being determined in the foreseeable future", the court noted. The ruling further noted that the Commissioner had itself noted that the children in the Camp “are at immediate risk of harm” and that the Camp is “in crisis”.
This ruling underscores the gravity of the asylum seekers’ plight and highlights the need for swift action to ensure their safety. Earlier in August this year, there was mounting pressure on Britain’s Home Secretary, Yvette Cooper, to airlift more than 60 Tamil asylum seekers on Diego Garcia, to the UK after reports of a mass suicide attempt on the island.
The group, first stranded on the island in October 2021, is facing extreme challenges and is “extremely vulnerable”, according to their lawyers. The commissioner for the British Indian Ocean Territory (BIOT) Paul Candler also wrote a letter that detailed a mass suicide attempt involving 22 of the Tamils.
Reports on the migrant camp describe poor conditions including rat-infested tents, claims of child sexual abuse, and widespread self-harm. Judge Obi had previously ruled that the asylum seekers should be granted bail to access more of the island. She said, "The situation appears to be deteriorating rapidly”. Previously on Thursday, BIOT commissioner Candler wrote a letter to Foreign Office Minister Stephen Doughty and requested some Tamils to be brought to the UK.
The UN refugee agency has called for the immediate release of these asylum seekers which include 16 children. The UN report detailed that asylum seekers were held in a fenced-in area the size of a football pitch, guarded by G4S staff. They were not allowed to cook for themselves and had been bitten by rats, which were “ubiquitous” on the island and had gnawed holes in their tents. Their movements were severely restricted and they were only recently permitted to leave the camp to go a small beach area alongside the camp at designated times, under close supervision.
The North-East Families of the Disappeared has appealed to people in the homeland to gather together to mark August 30th, which is the International Day of the Disappeared, to call for an international investigation into the war crimes committed by Sri Lanka
The association held a press conference at the Jaffna Press Club to reiterate the need for an investigation, which the Sri Lankan government is yet to deliver.
“We are reiterating that justice should be delivered to the perpetrators of genocide through an international investigation. We remind the Sri Lankan government that our struggle for liberation and justice and our search for our children will never be suppressed by the Sri Lankan government and that our struggle will continue until justice is achieved.”
The association disappearance is used as a cruel weapon to cause psychological suffering, that too a race that has been already decimated during the armed conflict. “For us Eelam being missing is not a new phenomenon and goes beyond the Mullivaikkal.”
According to the UN report in 1996, 11,513 people were reported as disappeared. According to the report of the Asian Human Rights Commission in 1996, there were 16,742 missing persons. However, Sri Lankan human rights activists believe this number might be double.
“Tamils not only disappeared during the armed conflict, but countless were kidnapped and went missing during Gotabaya Rajapaksa’s time,” they said. “The Sri Lankan government has systematically suppressed the Tamil youth, made them fear the armed struggle only to disappear.”
The families said the Sri Lankan government has been giving vague answers saying that those who surrendered are dead and they should not be looked for anymore. Over the last few weeks, family members of the disappeared have been holding protests across the North-East. They continue to demand the Sri Lankan government fulfill its obligations for an impartial investigation of war crimes.
The Arleigh-Burke class guided-missile destroyer USS Spruance (DDG 111) docked at the Colombo Port this week, for replenishment according to the Sri Lankan Navy. The destroyer which stretches 160 meters in length is operated by a crew of 338 personnel. The ship is under the command of Commander Thomas Adams.
The US warship has docked at the Colombo Port, amid growing geopolitical tensions. Only recently, the Chinese government announced that the Chinese People's Liberation Army (PLA) Navy training ship Polang will embark on an ocean-going midshipmen training voyage and visit multiple countries from mid-August to late November including Sri Lanka.
Recently, the Chinese Embassy in Colombo has raised strong protest against a move by Sri Lanka to allow a German research vessel for a port call, according to reports, amid a one-year ban on foreign research vessels. The protest comes after Sri Lankan authorities turned down a Beijing request for a research vessel in February. this year . President Ranil Wickremesinghe’s government has temporarily halted foreign research ships after strong security concerns raised by neighbour India and the United States after the visit of two Chinese research vessels last year.
Sri Lanka's Foreign Minister Ali Sabry had reportedly summoned the Canadian High Commissioner Eric Walsh to formally protest the laying of the foundation stone for the Tamil Genocide Monument at the Chinguacousy Park in Brampton, Canada on August 14.
During the meeting, Sabry had expressed "Sri Lanka’s strongest objections" to the monument, reiterating concerns by the Sri Lankan government which had been previously conveyed to Canadian authorities. During the meeting, he had mentioned that the Sri Lankan Government categorically rejects what it calls a "false narrative" of genocide. He further said that the City Council of Brampton's decision to construct the monument is offensive and that genocide allegations are based on malicious disinformation lacking any validation.
He had also called on the government of Canada to intervene and prevent the construction of the monument, highlighting the potential damage to bilateral relations. Last week, the Sri Lankan government’s representative in Toronto has formally written to the Mayor of Brampton, in a bid to try and halt the construction of a monument dedicated to the victims of the Tamil genocide.
The letter, exclusively released by the Tamil Guardian today, was sent to Mayor Patrick Brown in May 2024, and claims that the construction of a memorial would “severely disrupt communal harmony” within Canada itself.
Thushara Rodrigo, Sri Lanka’s Consul General in Toronto, goes on to state that the memorial “conveys a deeply distorted and false message of violence”. Sri Lanka continues to deny that it committed a genocide, despite state forces having massacred tens of thousands of Tamil civilians during a massive military offensive in 2009. Hospitals were repeatedly targeted, widespread sexual violence was deployed and surrendering Tamils were executed on camera during the 2009 operations – events that have since been marked by Tamils worldwide as a genocide. Several UN reports have also documented the restrictions on food and medicine placed on entering Tamil areas during the genocide, a point that Rodrigo directly refuted.