Sri Lanka war crimes under U.S. spotlight

[TamilNet, Thursday, 26 February 2009, 06:12 GMT]
The uncontradicted testimony of Dr. Anna Neistat, Human Rights Watch, in Tuesday’s U.S. Foreign Relations Subcommittee Hearings of Sri Lanka concluded that the “Sri Lankan Armed Forces are guilty of war crimes, including the indiscriminate shelling of areas packed with displaced Tamil civilians and of hospitals; the use of imprecise multi-barrel rocket launchers; acute or complete restrictions on humanitarian aid; the operation of militarily controlled "concentration camps" for Tamil civilians without freedom of movement or communications or adequate medical or other assistance,” said Bruce Fein, in a letter sent to the Subcommittee following the Hearings.

“[D]etentions at the camps without a proper accounting of persons held there, which raises the suspicion of enforced disappearances and extrajudicial killings. (No independent observers are allowed to monitor the screening process for camp detainees); and, the denial to displaced persons of access to humanitarian agencies,” HRW statement said.

“The uncontradicted testimonies of former U.S. Ambassador Jeffrey J. Lunstead and Mr. Bob Dietz of the Committee to Protect Journalists established a recurring pattern of GOSL's violence against media critics or others who disappear in white vans or are otherwise slain or injured; and, unvarying impunity for anyone who perpetrates the crimes. Ambassador Lunstead testified that President Mahinda Rajapaksa could stop the criminality if he wished,” the letter said referring to the statements delivered by Ambassador Lunstead, and Bob Dietz of CPJ.

Live broadcast of Hearing @ 2:30 p.m. (EST)

Pointing to Ambassador Lunstead’s testimony that “Tamil detainees in the concentration camps were selected solely because they are Tamils, not because of complicity with the LTTE or criminality,” Fein said that the detainees are “victims of ethnic-religious persecution by the Sinhalese Buddhist government.”

“A natural inference to be drawn from Ambassador Lunstead's observation is that the 2,000 Tamil civilians who have perished and thousands more who have been severely injured in the GOSL's bogus "safe zones" in the past months were targeted because of their ethnicity or religion,” Fein said in his letter to Sen.Casey, adding, this “makes out a prima facie case of genocide under the United States Genocide Accountability Act of 2007 (GAA), i.e., an attempt to destroy a Tamil group in whole or in substantial part specifically because of ethnicity or religion through extrajudicial killings, serious bodily injury, or the creation of conditions of life intended to result in the physical destruction of the target group.”

The parallel between Sri Lanka's "safe zones" for Tamils and Serbia's "safe zone" for Bosnian Muslim males at Srebrenica that culminated in genocide is irresistible, Fein further said in his letter.

STATEMENT OF KAREN PARKER, J.D.

BEFORE THE SUBCOMMITTEE ON NEAR EAST AND SOUTH AND CENTRAL ASIAN AFFAIRS,COMMITTEE OF FOREIGN AFFAIRS,UNITED STATE SENATE

FEBRUARY 24, 2009

Chairman Casey and members of the Subcommittee:

I am pleased that you are concerned about the situation in Sri Lanka and have given me this opportunity to provide the Subcommittee with information regarding this situation and my views on what United States might usefully do. By way of introduction I am an attorney specializing in international humanitarian (armed conflict) law and human rights. I have participated in United Nations human rights forums since 1982, and have addressed the situation in Sri Lanka since 1983 on behalf of a number of non-governmental organizations, most recently with the Association of Humanitarian Lawyers (AHL) and International Educational Development (IED). In 1987 I presented a statement to the House of Representatives on the situation in Sri Lanka.[1] The views expressed in this statement are my own and do not necessarily reflect the views of IED or AHL.

BRIEF OVERVIEW OF CURRENT CRISIS

The twenty-six year old armed conflict between the armed forces of the government of Sri Lanka and the Liberation Tigers of Tamil Eelam has reached a phase that can only be called genocide-like and catastrophic for the Tamil people in the north and east of the island.[2] As there are many incidents on a daily basis and the situation is extremely volatile, it is not possible to be either timely or even accurate as far as facts and figures. Accordingly, this overview should be accepted as snapshots indicating the urgency of the situation. Even so, they clearly indicate genocidal acts.[3]

A. Civilian casualties.

While numbers vary substantially about the number of Tamil civilians killed, the most reliable estimates indicate at least more than two thousand in the past several weeks alone. There are many thousands with life-threatening injuries and the casualty figures can be expected to rise dramatically in the next few weeks due to lack of medical care. Casualty figures released in June, 2008 for the war indicated more than 100,000 persons had died, the vast majority of them Tamil civilians.[4] Recently, the health officer for Mullaitivu district indicated at least 40 Tamil civilians killed and 100 injured per day.[5]

B. Illegal military operations.

It is clear that hospitals, safety zones and civilian locales have been targeted and the number of casualties indicate blatant disregard for humanitarian law standards.[6] In defending military actions against hospitals, Defense Secretary Gotabaya Rajapakse was filmed stating: "No hospitals should operate outside the safety zone . . . everything beyond the safety zone is a legitimate target."[7] This is an egregious misstatement of the humanitarian law rules. In addition to targeting hospitals outside the safety zone, there is also reliable evidence that the government's forces continue to targeting hospitals, schools and civilian dwellings inside the safety zones and in other undefended civilian areas that under humanitarian law rules may not be attacked.

C. Status of relief providers.

Because of fears of attacks as well as because of express orders to leave, most relief agencies have left the LTTE-controlled areas and much of the area newly under government control as well. It appears that Tamils Rehabilitation Organization is the sole-remaining international NGO in the LTTE-controlled area. The International Committee of the Red Cross (ICRC) was ordered out of the LTTE-controlled areas by the government and its capacity to attend to the needs of Tamil civilians not in the LTTE-controlled areas has been dramatically reduced. Its last act was to transport several hundred severely wounded out of the area by ship.

D. Shortages of food, water and medical supplies.

Tamil civilians both inside and outside of the LTTE-controlled areas suffer severe shortages of food, water, and basic medical care. The primary supplier of food has been the World Food Programme. WFP's access to the Tamil-controlled was curtailed some weeks ago, but after much international pressure on the government, a food caravan was allowed into the LTTE-controlled area (the Vanni) on February 19 containing 30 tons or an estimated 100 grams per person/ per day, which is grossly inadequate. At the same time, the available food and water at the government's IDP camps is also grossly inadequate. UNICEF has had emergency feeding centers for children who are grossly underweight and facing death by starvation, but it is uncertain if they also have been cut back by government edict. Tamils in the whole of the north and east have had their subsistence farming and fishing severely curtailed for some time due to the government's establishment of high security zones (HSZ) which effectively remove prime farming and fishing areas from use. In this manner, the Tamils in the North especially have already faced serious food shortages ' many Tamil children are developmentally delayed due to lack of food. In any case, all evidence shows that the government is denying food, water and medicine to the Tamil civilian population, prohibited by humanitarian law norms and an element of the crime of extermination under the Statute and Elements of the International Criminal Court.[8]

E. Status of Tamil civilians.

There has been considerable controversy about the status of Tamil civilians both in the LTTE-controlled areas and in the government controlled areas. Estimates about the numbers of Tamils in the LTTE area vary from 150,000 to over 300,000. At this point, with no monitoring of the situation, it is impossible to tell, but given the fact that fewer than 60,000 or so have crossed to the government side according to the government's figures, the higher number is the more likely one. Another controversy is that there are accusations that the LTTE is not letting civilians flee and that the government is preventing people from entering into its area. Again, with no witnesses, it is not possible to verify this accusation. However, is highly likely that many of Tamil civilians in the LTTE- controlled areas would be hesitant to turn themselves over to what they consider an enemy government.[9] Many of those in the Vanni had come there the past few years after abuses in the government-controlled areas such as Jaffna and Trincomalee. Prior to the recent upheaval, monitors who surveyed check points both ways found that many entering the Vanni had lost relatives to the "white vans, " the vehicles that roam the street and seize people who are rarely seen again.[10] Others had been arrested and tortured at government police stations. The war began, of course, after the Tamil people lost faith in the national government to protect their rights, and has been fueled by continued human rights and humanitarian law violations against them. Indeed, more than one-third of the Tamil civilian population on the island now forms the more than 1.3 million persons in the burgeoning Tamil Diaspora.[11]Those in the LTTE-controlled area also are aware of the IDP camps, and know that when they cross the line, that they will be sent to a camp. What is apparent is that those crossing into the government-controlled area are in severe need of both food and water.

There is also controversy over the government's plans for Tamils leaving the Tamil-controlled areas. The government originally announced that they would be kept in detention camps for 3 years, but after a rather strong reaction from the international community, especially from certain UN officials and the UK, the government is now claiming that Tamil civilians would be in camps for a shorter, unspecified time. Obviously, those crossing the line would be very nervous to express their opinion freely while in camps, and are likely to say whatever will keep them the safest under the circumstances, as commonly occurs in this type of situation.

F. Weaponry.

There is strong evidence that the government forces may be using either illegal weapons or legal weapons in an illegal manner. A recent charge was made that thirty families in a safety zone were killed by "bunker buster" bombs. Without proper investigation, it is not possible to verify this or to know, if used, the bunker busters are B61-11s or the older B61-7s from the United States arsenals, or whether they are of different origin. The photographic evidence of cluster bomb casings against civilians is inconclusive ' it is obvious that the markings on the cases is in Russian, but less clear whether the photographed casings were from cluster bombs or some other munitions. It is unknown if the Russian Federation supplied these munitions or if another county did. There appears to be reliable evidence of the use of white phosphorus as weapons rather than tracers, or that white phosphorus was used with disregard for possible civilian casualties. There is also photographic evidence of the use of fire bombs against Tamils in camps for internally displaced persons (IDPs). The government of Sri Lanka has received Dvora patrol/attack boats from Israel, MIG-27s from Ukraine, military assistance and arms from Pakistan and military assistance (and possibly weaponry) from Iran and possibly the Russian Federation.

G. Monitoring.

The government has refused any monitoring of the conflict by international actors and organizations and has prevented the media from going to the war area. Note that former President Clinton and former UN Secretary-General Annan were not allowed to the Tamil-controlled areas following the Tsunami, and, except for the ICRC, now forced out, and one or two UN officials, no other UN mandate holders have been allowed to that area. Former UN High Commissioner for Human Rights Louise Arbour was allowed to travel to the North in 2007, but not to Tamil-controlled areas. Her visit to Jaffna was heavily controlled by Sri Lanka authorities, and she apparently was not able to meet with Tamil civilians in private. There is a clear intent to prevent anyone is a position to act from meeting with the LTTE leaders or the people who live in the LTTE areas. The head of the UN Office for the Coordination of Humanitarian Affairs (OCHA) John Holes was allowed to visit several of the IDP camps in Vavuniya during his just-finished trip, but he was not allowed to circulate freely and was accompanied by the President's brother. In the best of circumstances, this would not be conducive to a fair evaluation of the situation. Further, he was called a "terrorist" by Sinhala politicians following his previous visit in (August 2007) when he commented on the high number of killings of humanitarian workers aiding the Tamil population, so he is apt to be cautious. A significant concern is that the interpreter from Tamil to English during Mr. Holmes visit to persons in IDP camps was a senior minister in the Rajapakse Administration, and there is no way to verify what interviewees actually said.[12]

H. Attacks on media.

In the past few years there have been assassinations of many of the major Tamil journalists, or journalists that are considered "friendly" to Tamils by the government. The most recent victim of this was Lasantha Wickrematunge, killed on January 8, 2009. Mr. Wickrematunge, a Time Magazine freelancer and the editor of The Sunday Leader, was an outspoken critic of the government of Sri Lanka. In an interview with the BBC's Chris Morris about Mr. Wickrematunge's death, Defense Secretary Gotabaya Rajapakse stated that dissent or criticism in time of war is treason. Chris Morris fled Sri Lanka on February 2, 2009 after being called an LTTE supporter by the Defense Secretary. Dozens more have fled since then, many receiving aid from international media NGOs. In 2008, 12 journalists were killed in Sri Lanka. Sri Lanka was identified by Time Magazine as number 3 on the list of underreported stories in 2008 and claimed the war was deadlier than Afghanistan.

INTERNATIONAL RESPONSES TO THE CRISIS

There have been a number of actions by both governments and international officials since the crisis began in January, although since the Rajapakse Administration began, there has been increased scrutiny of the long war, especially since January 2008 when President Rajapakse announced that he was suspending the then 5 year old cease fire agreement. For example, there was a special debate on the Tamil genocide in the House of Commons UK in October, followed by an adjournment debate in the House of Commons on Dec. 18, 2008.[13] On January 23, 2009 Germany called for a cease fire. Australia has indicated that it will provide an additional 4 million Australian dollars. The EU issued a call for a cease fire on February 23, 2009.

A number of international personages have also called for a cease fire and a settlement of the conflict through negotiations. Recently Nobel Laureate Jose Ramos Horta offered to mediate. Nobel Laureates Desmond Tutu and Martti Ahtisaari have recently spoken out about the need for a negotiated political settlement.

Within the UN system, Walter Kalin, the UN Independent Expert on Internally Displaced Persons issued a statement of concern on December 23, 2008. Radhika Coomaraswamy, the Special Advisor to the Secretary-General on Children and Armed Conflict issued a statement on January 21, 2009 and another on February 20, 2009. Navi Pillay, the High Commissioner for Human Rights issued a statement on January 29, 2009. On February 9, 2009, ten mandate holders under the UN Human Rights Council issued a statement.[14] OCHA posted a special report on February 10, 2009, in which it indicated that the Office of the UN High Commissioner for Human Rights was preparing to address the needs of up to 100,000 IDP and others. UNICEF and the World Food Programme are actively involved with providing relief in Sri Lanka, although the two specialized agencies cannot operate freely in the Tamil areas and the Tamil-controlled areas.

A recent request by Mexico to address Sri Lanka in the Security Council was rebuffed by the Russian Federation. Secretary-General Ban Ki-moon claimed that he could not ask the Security Council to address the issue because it was not on the agenda, although Article 99 of the UN Charter clearly gives him the authority to do so and he has acted under Article 99 authority in the past.

The Tamil Diaspora has responded to the crisis with many demonstrations. For example, there have been recent demonstrations in South Africa, Australia, New Zealand, Washington, DC, New York, San Francisco, London, Paris and Geneva. In Canada there have been several massive demonstrations, including a "human chain" that surrounded a large part of downtown Toronto.

UNITED STATES POLICIES

United States had little interest and involvement in post-colonial Sri Lanka until the Reagan Administration, even though there were many disturbances between Sinhalas and Tamils from the beginning of that period, including four or five widespread massacres of Tamils by Sinhala mobs. Regretfully, United States policies that began under the Reagan Administration have been unhelpful in resolving this situation. In 1987 India found out about President Reason's interest in developing Trincomalee Harbor to accommodate the United States Navy: a deal had been nearly worked out with President Jeyewardene. Wanting to prevent this, India entered into the Indo-Sri Lanka Accord (1987) and attached a letter of annexure indicating that nothing would transpire with Trincomalee that was against the wishes of India. There was perhaps a tactical pause under the Clinton Administration. After the events of September 11, the Bush Administration looked again at Trincolamee and there are suggestions that Palaly airfield was also under consideration. Both of these are in the Tamil areas, so in order for possible bases to be secure, the Tamil question would have to be resolved.[15] However, instead of taking a leadership role in resolving the conflict with cooperation of the Co-Chairs and the Sri Lankan Monitoring Mission, the Bush administration converted the armed conflict in "terrorism/counter-terrorism." Thus the conflict was no longer reviewed under prevailing humanitarian law, the result of which has substantially prolonged the conflict and has done considerable damage to humanitarian law itself. Of course, false labeling of armed conflicts as "terrorism/counter-terrorism" does not make the world any safer from actual terrorists and, with the demise of humanitarian law protections usually results in many more victims of armed conflicts than there would otherwise be. Sadly, this is the case in Sri Lanka.

It is clear that since 1982 the LTTE has met all criteria for combatant status according to humanitarian law norms: they have an identifiable chain of command; they are in uniform and use the weapons and the matériel of war; they have ground, sea and air forces; they have exercised sufficient control over territory to be able to engage in sustained and concerted military operations; and in all ways meet combatant status criteria. This does not mean that to recognize the existence of the armed conflict necessarily means a political approval of their aims, which, as the LTTE states, is to ensure sufficient autonomy if not separation from Sinhala control so as to enable the Tamil people to live in peace and security.[16] Recognizing a war as a war also does not extinguish the terrorism question: there is a rule in the Geneva Conventions that prohibits "measures of intimidation or terrorism" against the civilian population.[17] However, if such measures occur, this does not convert combatant forces to terrorists: combatants remain under the protection and obligations of humanitarian law as long as the conflict is occurring, and in certain cases, for some time after the conclusion of hostilities. Both the LTTE and the government forces may carry out any military operation that is not prohibited in humanitarian law. Many of the military operations in this war are legal, but those occurring now that target the Tamil civilian population are not.

The conversion of the war into "terrorism/counter-terrorism" has had a number of other serious consequences, one of which is the distressful erosion in basic human rights and far too many "shades of gray" in situations that are actually quite black and white.[18] But an even more serious consequence is that the Tamil people worldwide have been so demonized by the constant inferences that "Tamil = Tiger = terrorist," mostly by the constant references to this by Sri Lanka's President and other authorities, that Tamils have been intimidated and have lost the key support of institutions and groups who ordinarily would be sympathetic.[19] Any public show of sympathy for Tamils is fiercely and publicly countered by the government, targeting, inter alia, more than a few members of Congress in the US and members of Parliaments in numerous other countries. Sri Lanka representatives try to intimidate NGOs at United Nations human rights sessions.[20] They also pursue Tamils in the Diaspora, and even try to prevent local authorities from issuing permits for Tamil demonstrations. In the United States there is a mood that somehow the Tamil people as a whole are an enemy of the United States. In my 27 years working on humanitarian law issues, I have never encountered a situation where an ethnic group that has been the victim of the most serious of human rights and humanitarian law violations becomes the culprit ' and in ways that are overtly racist. Indeed, it is not possible for people to discuss any other group in this fashion without receiving instant disapproval.

There are some hopeful signs that the new United States Administration will play an affirmative role in the situation rather than a grossly negative one. Both President Obama and Secretary of State Clinton have made statements that indicate more careful reflection on this and similar situations.

RECOMMENDATIONS

1. The first thing that the United States should do is call for an immediate cease fire, and then should most forcefully present this to the Rajapakse Administration. While the Rajapakse Administration has stated as recently as a few days ago it would not do so, it is difficult to imagine that with the combined force of the US, the rest of the co-chairs and the rest of the "Western and Other" bloc at the UN, Sri Lanka's main "donor" States, that Sri Lanka would be defiant. While Sri Lanka may have received assurances from Iran and the Russian Federation, for example, that they would cover Sri Lanka's needs, it does not seem likely that they can substitute for the level of aid from the Western bloc and Japan.

2. The United States should ensure that no State that receives United States military assistance provides arms to the government forces. The United States should also seek to stop arms delivery to the government of Sri Lanka by any other countries.

3. The United States should take a leadership role in ensuring that the humanitarian needs of the Tamil civilians are met, that Tamil civilians are not relocated to detention camps but are allowed freely to resettle in their own locales, and that the human rights abuses against them cease immediately. In particular, the United States should ensure that its contribution to the rehabilitation of the Tamil areas reflect a genuine desire to assist. The United States should ensure that any funds donated by Tamil people to assist Sri Lanka Tamils that have been "frozen" be made available for the purpose of assisting these Tamils.

4. The United States should most forcefully insist that on-site visits to any and all areas of Sri Lanka by UN officials or other impartial persons take place, and that interpreters for such visits are trained and impartial. The United States should also insist that Sri Lanka allow the United Nations High Commissioner for Human Rights to expand her office in Sri Lanka.

5. The United States should ask the government of Sri Lanka what proposals they have for the resolution of the Tamil issue. The United States should consult regularly with the leadership of the Tamil Diaspora, both in the United States and in other countries, to invite comments and suggestions on proposals. The United States should encourage the government of Sri Lanka to accept the good offices of mediators such as those mentioned above.

6. The United States should ensure that the government of Sri Lanka ceases all anti-Tamil rhetoric at home and abroad and that it finds a way to prevent Sinhala political parties (such as the JHU) from also engaging in anti-Tamil rhetoric that has so often incited Sinhala mob attacks on Tamils and those perceived as "pro-Tamil." The United States should ensure that the government of Sri Lanka ceases all acts against Tamil American citizens or residents or anyone else perceived as being "pro-Tamil."

7. The United States should reexamine its foreign policy objectives in Sri Lanka and the area, and take steps to ensure that United States policies do not contribute to human rights and humanitarian law violations of any kind, and especially not of the scale and scope of those against the Tamil people in Sri Lanka.

[1] Application of Human Rights and Humanitarian Law to the Situation in Sri Lanka: Hearings on Sri Lanka before the Subcomm. on Asian and Pacific Affairs of the House Comm. on Foreign Affairs, 100th Cong., 1st Sess. (1987).

[2] This is not to say that there are not serious abuses of Tamils in other areas, which, as they are taking place in the context of the armed conflict, also indicate serious violations of humanitarian law.

[3] Former United Nations Secretary-General Kofi Annan stated many times that whenever there is an ethnic conflict, the question of genocide arises. In this situation there are elements such as direct killings; imposing impossible conditions of life by severe restrictions of food, water, medicines; killing humanitarian aid workers or driving them out; and continuous ant-Tamil rhetoric at home and abroad.

[4] See British Medical Journal, vol. 336, p1482 ' 1486 (19 June 2008) (Zaid Obermeyer, et al.).

[5] Randeep Ramesh, "Sri Lanka casualty toll rises," The Guardian, Feb.14,2009.

[6] The protection of hospitals and medical care in general is the foundation issue of the Geneva Conventions, beginning with the Geneva Convention of 1864. Hospitals and other health facilities of both combatants and civilians "may in no circumstances be the object of attack." Geneva Convention I, Art. 1; Geneva Convention IV, Art. 18. Under current rules, parties to conflicts may establish safety zones, which then become off-limits for military actions.

[7] Interview on Skynet, Feb. 3, 2009.

[8] See ICC, Rome Statute, Articles 7 (1)(b) and 7(2)(b); ICC Elements, Article 7(1)(b).

[9] See, i.e., Robert Evans, MEP, "Who can protect Tamil civilians," The Independent, Feb. 14 2009: "Whilst the Sri Lankans claim that they are merely trying to eliminate terrorism, the real victims are, as ever, the civilians trapped by the fighting. All the evidence suggests that unless the international community acts very soon, about a quarter of a million people could be caught in a ghastly bloodbath. The Sri Lankan government has urged Tamil civilians to come over to their side for protection, but there is a strong reticence and fear of such a move. The Tamil people have seen so much death and destruction. They are terrified of Sri Lankan troops and their “holding camps”, with all the stories of assaults and rape, not to mention the different language and religion which divides the Hindu Tamils from the Buddhist Sinhalese troops."

[10] According to United Nations figures, Sri Lanka has one the highest numbers of disappeared persons, the vast majority of which are Tamils.

[11] These Tamils are what are called "Eelam" Tamils ' Tamils who have lived and governed themselves in the north and east of Sri Lanka for nearly two thousand years. There are also Tamils in Sri Lanka who were brought by the British from India's Tamil Nadu. Usually referred to as the plantation Tamils, they are not part of the conflict, although they may sympathize with the Eelam Tamils, as do the Tamil people in India's Tamil Nadu.

[12] At the time of that visit, more than 60 aid workers had been killed in about one and a half years., the highest in any current conflict.

[13] A brief summary of some recent actions undertaken by the UK was transmitted by Andrew Dinsmore MP (Hendon) to one of his constituents, including UK actions urging a cease fire, and pressing the Sri Lankan authorities on access for organizations delivering humanitarian relief to be both improved and more predictable. There has been direct communication by Prime Minister Brown , with follow up by David Milliband, to President Rajapakse encouraging cooperation with the ICRC and UN. The UK government is doubling its recent humanitarian aid, and cooperating with the UN in the Emergency Response Fund.

[14] The statement was issued by experts Sehaggya (human rights defenders), La Rue (freedom of expression on opinion, Corcuera Cabezul (involuntary disappearances), Castrillo (arbitrary detention), Grover (the right to health), Despouy (the independence of justice), deSchutter (the right to food), Alston (the right to life), Nowak (torture), and Rolnik (housing).

[15] The importance of Trincomalee was one of the topics under discussion in the Adjournment debate of December 18, 2008. The debate is on the UK Parliament's webcam. That the Bush Administration was seeking these military bases may be a reason the Russian Federation has made overtures to the Rajapakse Administration of late and blocked Security Council attention to the matter. There apparently is an MOU between the Bush Administration and President Rajapakse regarding Trincomalee..

[16] Their aims are identical to those of the Kosovans, who have obtained the blessing of the United States to secede from Serbia. One wonders, why the Kosovans and not the Tamils?

[17] Geneva Convention IV, Art. 33. This is slightly augmented by Protocol Additional I to the Geneva Conventions, Art. 36: "Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited."

[18] Treating persons suspected of being terrorists as being Prisoners of War (Guantanamo comes to mind) and held under Geneva Convention standards when they are clearly not captured combatants, for example, is absurd: the "war on terrorism" is a rhetorical phrase, not a factual one.

[19] Note that even M.I.A., the Tamil rap star nominated for a Golden Globe and an Oscar, was attacked by some for being pro-terrorism. A college student in Canada told me that after the Harper government came to power and "listed" the LTTE, a professor announced in one of her classes that there was a terrorist in the room.

[20] Note that some also raise the "child soldier" issue, which further demonizes of the Tamil people although the charge is leveled at the LTTE and others. However, the international minimum age for soldiers as set out in the Geneva Conventions is 15, and those who raise the issue are using age 18 as the minimum.

US Subcommittee to hear genocide charges against Sri Lanka

[TamilNet, Tuesday, 24 February 2009, 11:47 GMT]
In an invited written testimony to the hearing on “Recent Developments in Sri Lanka” before the Foreign Relations Subcommittee on Middle East and Asia, at the Dirksen Senate Building Tuesday, Bruce Fein, former U.S. associate deputy attorney general, details the recent violence by the Sri Lanka Government against Tamils civilians under “impenetrable media blackout and eviction of all outside observers…has crossed the line into genocide, which justified a criminal investigation under United States laws.”

Fein was contacted by Senator Robert Casey's office (D. Pa.), Chairman of the Senate Foreign Relations Subcommittee on Middle East and South Asia, and was invited to provide written testimony on, "Recent Violence in Sri Lanka" for the official hearing record, Fein said.

The three live witnesses had been previously selected. Senator Casey's office also informed Fein that the Embassy of Sri Lanka had also been invited to submit a written statement.

Detailing the structural aspects of the slow genocide Fein accuses Colombo of perpertrating against Tamils, the testimony says: “All previous well-known genocides which have occurred since the end of World War II have been characterized by a massive number of murders in a small defined locality occurring in a short time period and carried out by an actor seeking the total physical extermination of a particular ethnic group. The post-1945 genocide cases often cited are: the Holocaust, the Kurds in Iraq, the Srebrenica massacre, and Rwanda.

Live broadcast of Hearing @ 2:30 p.m. (EST)

“By contrast, Sri Lanka's genocide against Tamils has taken place over a number of years and is more characterized by widespread, prolonged displacement and destruction of the community's physical and cultural base than murder. For this and also wider geopolitical reasons, the destruction of the Sri Lankan Tamils is less well-understood in the world at large as a case of genocide,” Fein says in the testimony.

Describing the latest violence on Tamils, Fein says “[b]est estimates from neutral persons in Sri Lanka place the death toll of innocent Tamil civilians in the predominantly Tamil northeast over the past two months at more than 2,000. The number of injured probably exceeds 10,000. The number of displaced persons most likely approximates 350,000. None of these figures, however, can be confirmed at present with direct testimony,” Fein says.

“The Sinhalese Buddhist GOSL is the reason we are reduced to conjecture. It has imposed a media blackout. It has evicted all NGOs. It has evicted all humanitarian aid workers. It has evicted the Sri Lanka Monitoring Mission. It has evicted the International Committee of the Red Cross. No independent news reporter or neutral witness may observe the conflict between the all Sinhalese "Tamil free" armed forces and security services of Sri Lanka and the Tamil Tigers. Neither are there outside eyewitnesses to the; nor the indiscriminate violence that rains down daily on innocent Tamil civilians whether in hospitals, temples, churches, schools, or "safe zones" - an Orwellian term to describe the forced concentration of Tamil civilians into a tiny area to increase the efficiency of their physical destruction in whole or in substantial part by the Sinhalese majority.”

Fein recommends to the Subcommittee to adopt the following measures:

• Seek an international arms embargo on Sri Lanka in the United Nations Security Council under Chapter 7 of the United Nations Charter;
• List Sri Lanka (along with Sudan, Iran, Syria, and Cuba) as a state sponsor of terrorism under United States laws, which would trigger various sanctions;
• Freeze the United States assets of Gotabhaya Rajapaksa and Sarath Fonseka;
• Deny visas to the GOSL leadership, including President Mahinda Rajapaksa;
• Vote against economic aid to the GOSL at the World Bank and IMF;
• Deny Sri Lankan goods favorable tariff treatment;
• List Mahinda Rajapaksa, Gotabhaya Rajapaksa, and Sarath Fonseka as specially designated terrorists under Executive Order 13224.
• Support a "One country, two systems" political solution to the ethnic conflict in Sri Lanka.
• Withdraw the United State Ambassador from Colombo until the genocide and indiscriminate killing of Tamil civilians by the Sinhalese Buddhist GOSL ceases.

and concludes, “[f]or decades, the primary horrors in Sri Lanka have been inflicted on Tamil civilians by the GOSL. Like triage, their plight should be addressed first though genocide prosecutions or otherwise.

Bruce Fein is the counsel for U.S. based legal activist group Tamils Against Genocide.

Sri Lankan Crisis Statement signed by prominant Australian Academics , Journalists , HR Activists

Sri Lankan Crisis Statement , calling on the Australian government to lead political negotiations that recognise the legitimate aspirations and protects the human rights of all Sri Lankans, has been signed  by prominant Australian Academics , Journalists , HR Activists, SriLankanCrisis website said. Some of the prominant Australian personalities includes  Hon. Ian Cohen, Member of the Legislative Council, NSW Parliament , Prof. Wendy Bacon, Professor of Journalism, University of Technology, Sydney , Prof. Chris Nash, Professor of Journalism, Monash University , Mr. Antony Loewenstein, Independent journalist and author  & Prof. Damien Kingsbury, Associate Professor, Deakin University . To sign the Statement please go to, http://www.srilankancrisis.com/  Sri Lankan Crisis Statement We are Australian citizens who share a deep concern about the escalating civilian crisis in Sri Lanka. We call on the Australian government to demand the Sri Lankan authorities and the Liberation Tigers of Tamil Eelam declare an immediate ceasefire. We are deeply concerned about the lack of medical staff and aid agencies serving the estimated 250,000 civilians trapped in the conflict zone. In September 2008, the Sri Lankan government evicted United Nations and international aid agencies from these areas. While the local Red Cross is still operating within the conflict area, their presence is threatened by the ongoing conflict. The departure of international witnesses within the conflict area will remove accountability for all parties to the conflict. The Sri Lankan government has also issued orders to doctors and other health staff to leave the conflict area immediately. We demand the Sri Lankan government allow international monitoring and medical and aid agencies unrestricted access to the conflict zones immediately. In direct violation of the Geneva Convention, civilian hospitals in the conflict zones have repeatedly come under aerial bombing and shelling. Furthermore, on 2 February 2009 the Sri Lankan Defense Secretary Gotabaya Rajapakse stated that everything outside a government declared safety-zone is a military target and no exception will be given to medical facilities. We urge the Australian government to demand the Sri Lankan government stop the aerial bombing of hospitals and both parties cease placing civilians in direct cross fire in all areas. Foreign and domestic media have been banned from entering the conflict zones since January 2008, when the government unilaterally withdrew from a cease-fire and commenced its military offensive. Without independent reporting, it is impossible to separate fact from propaganda by all parties to the conflict. We call on the Australian government to pressure Sri Lankan officials to permit independent journalists unrestricted access to the conflict zones. Furthermore, we recognise that the Tamil citizens of Sri Lanka have been subject to ethnic discrimination by successive Sri Lankan governments since Sri Lanka gained independence in 1948. We acknowledge that all people, including the Tamils, have the right to self-determination and must freely determine their political status and freely pursue their economic, social and cultural development. We acknowledge that a military solution to this conflict will not bring lasting peace to Sri Lanka. With the intention of ensuring long-term peace, we call on the Australian government to lead political negotiations that recognise the legitimate aspirations and protects the human rights of all Sri Lankans. Signatories include:         Prof. Wendy Bacon, Professor of Journalism, University of Technology, Sydney Prof. Chris Nash, Professor of Journalism, Monash University Mr. Antony Loewenstein, Independent journalist and author Prof. Damien Kingsbury, Associate Professor, Deakin University Hon. Ian Cohen, Member of the Legislative Council, NSW Parliament Mr. Jeff Loewenstein, Barrister Mr. Michael Otterman, Visiting Scholar, Centre for Peace and Conflict Studies, University of Sydney Prof. Stuart Rees, Emeritus Professor, Director, Sydney Peace Foundation, University of Sydney Mr. Jake Lynch, Director, Centre for Peace and Conflict Studies, University of Sydney Mr. David Feith, Tertiary education lecturer, Melbourne Ms. Karen Coffield, Maternal & Child Health Nurse, Melbourne Mr. Skanda Coffield-Feith, student, University of Melbourne Mr. Rufus Coffield-Feith, student, St. Michael's Grammar school Mr. Charles David,  NSW Public Service retiree Mr. Jude Prakash, Chartered accountant Michael Brull Dr. Bobby Sundaralingam, Radiologist & Nuclear Medicine Physician Ms. Sue Bolton, Convenor, Socialist Alliance, Victoria Dr. Brian Senewiratne, Consultant Physician, Brisbane Nesa Arumugam Eliezer, Women's Human Rights Activist, Freelance Writer and Author Prof. Nadarajah Sriskandarajah, Professor of Environmental Communication, Swedish University of Agricultural Sciences, Uppsala Dr. Sridevy Sriskandarajah, Research Scientist, Swedish University of Agricultural Sciences, Uppsala Mr. Nimalan Karthikeyan, Doctoral Candidate, Centre for Peace & Conflict Studies, University of Sydney

The Satanic Force - Story about the heinous crimes of indian peace keeping Force in Sri Lanka - IPKF

The Satanic Force - Story about the heinous crimes of indian peace keeping in Sri Lanka.Civilized democracy condemns its army excesses in Iraq. President Obama with draws army shutting down detention camps. But only thenTamilnadu Chief Minister M.Karunanithi refused to receive Innnocent People Killing Force, called Indian Peace Keeping Force. Indian army must reclaim its glory by taking suitable action atleast through Martial Courts against those brutes within Indian army.But in the name of patriotism we cannot condone the crimes of our few army men, who went to mediate but killed whom it went to protect. Read the book by clicking links.  flash: http://ebook.yarl.com/ipkf/ * pdf zipped: Part 1 http://www.mediafire.com/?emj0zigyjyu Part 2 http://www.mediafire.com/?i5tzkzyjfny Part 3 http://www.mediafire.com/?tz1mvzdgggz * pdf: Part 1 http://ebook.yarl.com/ipkf/Satarnic-Force_Part1.pdf Part 2 http://ebook.yarl.com/ipkf/Satarnic-Force_Part2.pdf Part 3 http://ebook.yarl.com/ipkf/Satarnic-Force_Part3.pdf அன்பான உறவுகளே, தற்போதைய இலங்கையின் போர்ச்சூழல் பற்றி நீங்கள் அறிவீர்கள். திட்டமிட்ட வகையில் நடத்தப்படும் இனவழிப்பு / இனக்கருவறுப்புப் போரில் - ஒவ்வொரு நாளும் - குழந்தைகள், பெண்கள், முதியோர் என ஆயுதம் ஏந்தாத அப்பாவிப் பொதுமக்கள் - எந்தவிதப் பாகுபாடுமின்றி - கொத்துக்கொத்தாக கொத்தணிக் குண்டுகளாலும், பொஸ்பரஸ் அடங்கிய எரிகுண்டுகளாலும் படுகொலை செய்யப்படுகிறார்கள். “பாதுகாப்பு வலயம்” என அறிவித்து - அங்கும் மக்களை அரக்கத்தனமாகக் கொல்கிறார்கள். சிறிலங்கா அரசின் கட்டுப்பாட்டுப் பகுதிக்கு வரச்சொல்லி - ஆண்கள் பெண்களென வகைபிரித்து - பெண்களை பாலியல் வன்முறைக்கு உள்ளாக்கிப் பின் கொன்று புதைக்கிறார்கள். புதிய ஆண்டும் அவர்களுக்கு கொலைக்களமாகத்தான் பிறந்தது. இந்த ஆண்டின் இரண்டு மாத காலத்தில் மட்டும் - 1500 க்கும் அதிகமான மக்கள் சிறிலங்கா பேரினவாத அரசால் கொல்லப்பட்டுவிட்டார்கள். ஒரு இளம் சந்ததியே - ஒரு புதிய தலைமுறையே - கை, கால் இல்லாத சந்ததியாக மாற்றப்பட்டுக் கொண்டிருக்கிறது. இந்தச் சூழலில் - இந்த இன்னல் நிறைந்த காலகட்டத்தில் - தமிழகத்திலிருந்து எழும் ஒவ்வொரு ஆதரவுக் குரலும் புலம்பெயர் மக்களாகிய எமக்கு எவ்வளவு ஆறுதலாக இருக்கிறதென்பதை நீங்கள் அறீவீர்களோ தெரியாது. உங்களின் ஆதரவான ஒவ்வொரு சொல்லும் எங்கள் கண்ணீரைத் துடைக்க வல்லன. எமக்கு ஆதரவாக நீங்கள் வீதியில் இறங்கும் போதும் - உரக்கக் குரல் கொடுக்கும் போதும் - நாம் நம்பிக்கை கொள்கிறோம். சாதாரண நம்பிக்கையல்ல - சரித்திரம் படைக்கிற நம்பிக்கை. ஆனாலும் உறவுகளே - இன்னொரு கசப்பான உண்மையையும் நாம் உங்களுக்கு சொல்ல விரும்புகிறோம். உங்கள் ஆதரவான நம்பிக்கை தரும் குரல்களுக்கும் மத்தியிலிருந்து - தமிழகத்திலிருந்து - எம்மீது வெறுப்பைக் கக்குகிற சில குரல்கள் இன்னும் ஒலித்துக் கொண்டிருக்கின்றன. அவை, மீண்டும் மீண்டும் எம்மைக் காயப்படுத்துகின்றன. நாம் காயப்படுவதைப் பற்றி கவலைப்படவில்லை. அந்தக் குரல்கள் ஒட்டுமொத்தத் தமிழகத்தின் ஆதரவுக் குரலையும் பலவீனப்படுத்திவிடும் என்றே பயப்படுகிறோம். உலகத் தமிழினமே இன்று ஒன்றுபட்டு நிற்கையில் - பகைவளர்க்கும் இந்தச் சில குரல்கள் - தமிழினத்தின் விடுதலையில் கீறல்களை ஏற்படுத்திவிடக் கூடாதென்றே விரும்புகிறோம். ஈழத்தமிழர் பிரச்சனை/அவலம் பற்றி நீங்கள் பேசுகிற போதெல்லாம் - ராஜீவ்காந்தியின் கொலையை முன்னிறுத்தி - உங்களின் வாயை அடைக்கப் பார்க்கிறார்கள். ஈழத்தின் விடுதலை பற்றிப் பேசுகிறபோதெல்லாம் - ராஜீவ்காந்தியின் கொலையை முன்னிறுத்தி - கொச்சைப்படுத்துகிறார்கள். உங்களின் எழுச்சியை அவர்கள் ஒற்றை வார்த்தை கொண்டு ஒதுக்கிவிடப் பார்க்கிறார்கள். உலகத் தமிழரின் ஒற்றுமையை ஒற்றைவார்த்தையால், சாத்தியமற்றதாக்கிவிடலாம் என்று நினைக்கிறார்கள். எனவே அன்பான உறவுகளே, எந்தச் சூழ்நிலையிலும் நீங்கள் சோர்ந்துவிடக்கூடாது - எவருக்கு முன்னும் நீங்கள் தலைகுனியக்கூடாது - உண்மைகளை உணர்ந்துகொள்ளவேண்டும் என்கிற நோக்கோடு இந்தப் புத்தகத்தை மின்னூல் வடிவில் உங்கள் முன் வைக்கிறோம். ராஜீவ்காந்தியின் கொலையை யார் செய்தார்கள்? அவர் கொலை செய்யப்பட்டது சரியா பிழையா? யார் யாருக்கு அதில் பங்குள்ளது என்பது பற்றியெல்லாம் நாம் இங்கு பேச முனையவில்லை. அவற்றை ஒருபுறம் நாம் ஒதுக்கிவைத்துவிட்டு - எங்கிருந்து எல்லாம் தொடங்கியது என்று பார்த்தால் - சிலவேளை உண்மைகள் புரியக்கூடும். அமைதிப்படை என்கிற பேரில் ஈழத்து மண்ணில் கால்வைத்த இந்திய சாத்தான் படை - எப்படியெல்லாம் ஈழத்தமிழர்களைக் கொடூரமாகக் கொலை செய்ததென்பதைப் பாருங்கள். ஈழத்தமிழரின் விடுதலைப் போரைச் சிதைக்க எப்படியெல்லாம் துணைநின்றார்கள் என்பதைப் பாருங்கள். மீண்டும், அதே கொடுமையையும் துரோகத்தையும் - சிங்கள அரசுக்கு உதவுவதினூடாக/சிங்கள இராணுவத்தின் பின்னாலிருந்து யுத்தத்தை நடத்துவதினூடாக - இந்தியா செய்கிறது. இப்படியான சூழலில் நீங்கள் ஈழத்தமிழர்களுக்கு ஆதரவாக எழுப்புகிற குரலை நசுக்க ராஜீவ்காந்தியின் கொலையைத் தூக்கிப்பிடிக்கிறார்கள். இதை தொடர்ந்து கவனிக்கிற போது, ஈழத்தமிழர் பிரச்சனை தமிழகத்தில் பேசப்படக்கூடாது என்பதற்காகவும், ஈழத்தமிழர்களுக்கு தமிழகம் உதவக்கூடாது என்பதற்காகவும், ஈழத்தமிழர் பிரச்சனை பற்றி பேசப்படுகிறபோது ராஜீவ்காந்தி கொலை கண்ணுக்கு முன் வரவேண்டும் என்பதற்காகவும் - யாரோ திட்டமிட்டு நீண்டகால அரசியல் இலாபத்தோடு இதைச் செய்திருக்கிறார்கள் என்றே உணர முடிகிறது. இந்திய/தமிழக நண்பர்களே, உறவுகளே, ஊடகங்களே நாம் பழையதை நினைவுபடுத்தி, எமக்குள் உள்ள உறவைக் காயப்படுத்த விரும்பவில்லை. எனினும், உண்மைகளை நீங்கள் அறிந்துகொள்ளவேண்டும் என்று விரும்புகிறோம். உங்களின் ஆதரவுக் குரல்கள் “ராஜீவ்காந்தியின் கொலை” என்கிற ஒற்றை வார்த்தையைக் கொண்டு அடக்கப்பட்டுவிடக் கூடாது என்பதற்காகவே நாம் இந்தப் புத்தகத்தை உங்களுக்கு அனுப்புகிறோம். நாம் மீண்டும் மீண்டும் எல்லோராலும் ஏமாற்றப்படுகிறோம் என்பதை நீங்கள் புரிந்துகொள்ளவேண்டும். * அன்பான உறவுகளே, இந்தப் புத்தகம் அன்றைய இந்திய அமைதிப்படை (ஆக்கிரமிப்புப் படை) கால சம்பவங்களையும், அன்று ஊடகங்களில் வெளியான செய்திகளையும் தொகுத்து செய்யப்பட்டுள்ளது. மிகுந்த சிரமங்களுக்கு மத்தியில், இன்றைய சூழல் கருதியும் தேவை கருதியும் ஈழத்திலிருந்து எடுப்பித்திருக்கிறோம். இதனை உங்களின் நண்பர்களுக்கும், தெரிந்தவர்களுக்கும் அனுப்பி உண்மைகளை அறியச் செய்யவேண்டும் என்று கேட்டுக்கொள்கிறோம். –நன்றி: யாழ் இணையம்–

President Mr.Barack H.Obama 19^th Feb.2009

The White House

1600 Pennsylvania Avenue NW

Washington DC 20520

Respected President

KARAIKAL UNION TERRITORY STRUGGLE GROUP, from India urges the President of United States of America Mr.Barack.H.Obama to declare Srilanka as terrorist state. Srilankan state sponsors terrorism against its own Tamil civilian population, which they claim as fight against freedom fighters and its own journalists, opposition leaders and even their kinsmen with conscience for human dignity.

But in no way Srilanka can justify its terrorist attacks on Indian Tamil fishermen. Our fishermen over centuries have been pursuing their professional pursuits like free birds, and these Indian Tamils are at the receiving end of Srilankan State sponsored terrorism in mid-seas pursuing their genocide beyond borders. This is cross border terrorism.

We all know that “State Sponsors of Terrorism” is a designation applied by the United States Department of State to nations who are designated by the Secretary of State “to have repeatedly provided support for acts of international terrorism.

The list began on December 29, 1979 with Libya, Iraq, South Yemen, Syria and Pakistan and now only first 4 are in current list, excluding Pakistan.

The sanctions which the US imposes on countries on the list are: State Sponsors of Terrorism Countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism are designated pursuant to three laws: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act. Taken together, the four main categories of sanctions resulting from designation under these authorities include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions.

Designation under the above-referenced authorities also implicates other sanctions laws that penalize persons and countries engaging in certain trade with state sponsors.

Currently there are four countries designated under these authorities: Cuba, Iran, Sudan and Syria. The dates of declaration given in the list. Cuba March 1, 1982, Iran January 19, 1984, Sudan, August 12, 1993, Syria December 29, 1979.

On Feb 7 of 2009 : The spokesman for India's ruling Congress party Mr.Manish Tiwari called on the international community to consider declaring Pakistan a terrorist state in the wake of the release of Dr Abdul Qadeer Khan. "The world should now think whether to declare Pakistan a terrorist state," Manish Tewari, the party's spokesman, said in New Delhi. By linking his call to the release of Dr A. Q. Khan, the spokesman ensured that his words were not missed during next week's visit to the region by US special representative Richard Holbrooke."Pakistan is not only exporting terrorism, but also posing danger by allowing nuclear weapons to fall into the hands of terrorists," Mr Tewari told journalists. In separate comments, Gen Deepak Kapoor, the chief of the Indian Army, said the "terror infrastructure in Pakistan is existing and active".

Braving chilly winter, agitated Indian Americans gathered in front of the UN headquarters in mid-town Manhattan recently to demand the world body declare Pakistan a terrorist state. Raising anti-Pakistan slogans and displaying banners and placards denouncing the Mumbai terror outrage, Indian Americans alleged that almost all the major terrorists attacks of the world in recent years have their bases in Pakistan. As such it was high time the United Nations, the powerful Security Council in particular, take measure to declare it as a terrorist state. The peaceful demonstration, which lasted for about two hours, was organized by Overseas Friends of BJP (OFBJP). “Pakistan should immediately be declared as a terrorist State,” said Rajesh Shukla of the OFBJP. In a memorandum submitted to the Secretary General, Ban Ki-moon, the OFBJP urged him to take necessary action to ensure that terrorists from Pakistan do not strike again. “We urge the Security Council to immediately pass a resolution in this regard,” the memorandum said.

Taking cue from the initiatives of both the ruling party and opposition party of India, we are now raising the demand to declare Srilankan state as terrorist state by USA and UN and urge the leadership of USA to use its clout in Security Council to impose sanctions on Srilankan Government. The public interview of Srilankan President Mahinda Rajapakshe that he will defy UN and UN has no locus standi to intervene in Srilanka, while it executes Tamils, annihilates Tamils, engage number plate-less white van attacks on its adversaries and media men in broad daylight amidst high security zones, proves that Srilanka is a Terrorist State and need to be branded so by USA and UN with imposition of sanctions.

We urge The USA President Mr.Barack H.Obama, whom 21^st century sees not only a leader of a biggest democracy but a new hope, a redeemer, a savior of all oppressed, racially discriminated people in the world, where Tamils are the target of this century like Jews were the targets in 20^th century, to declare Srilanka as terrorist state and impose sanction like the ones relevant in USA.

1. A ban on arms-related exports and sales.

2. Controls over exports of dual-use items, requiring 30-day Congressional notification for goods or services that could significantly enhance the terrorist-list country’s military capability or ability to support terrorism.

3. Prohibitions on economic assistance.

4. Imposition of miscellaneous financial and other restrictions, including:

Requiring the United States to oppose loans by the World Bank and other international financial institutions; Lifting diplomatic immunity to allow families of terrorist victims to file civil lawsuits in U.S. courts; Denying companies and individuals tax credits for income earned in terrorist-listed countries; Denial of duty-free treatment of goods exported to the United States; Authority to prohibit any U.S. citizen from engaging in a financial transaction with a terrorist-list government without a Treasury Department license; and Prohibition of Defense Department contracts above $100,000 with companies controlled by terrorist-list states are actions, which in whole or anyone appropriate should be imposed on Srilanka, particularly USA must stop Israel and Pakistan supplying arms to Srilankan army and through UN urge other nations including China to stop arms supply to the killer squads called army of Srilanka.

We have been urging Indian Government to sue the Srilankan Government in the International Court of Justice. Only States are eligible to appear before the Court in contentious cases. At present, this basically means the 192 United Nations Member States. We are aware that The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. We are urging India to take the Katcha Theevu maritime boundary dispute to International Court of Justice.

Judgments delivered by the Court (or by one of its Chambers) in disputes between States are binding upon the parties concerned. Article 94 of the United Nations Charter lays down that "each Member of the United Nations undertakes to comply with the decision of [the Court] in any case to which it is a party". Judgments are final and without appeal. If either of the parties challenges their scope or meaning, it has the option to request an interpretation. In the event of the discovery of a fact hitherto unknown to the Court which might be a decisive factor, either party may apply for revision of the judgment. As regards advisory opinions, it is usually for the United Nations organs and specialized agencies requesting them to give effect to them or not by whatever means are appropriate for them.

Only States are eligible to appear before the Court in contentious cases. At present, this basically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counseling or help them in their dealings with the authorities of any State whatever.

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States.

Judgments delivered by the Court (or by one of its Chambers) in disputes between States are binding upon the parties concerned. Article 94 of the United Nations Charter lays down that "each Member of the United Nations undertakes to comply with the decision of [the Court] in any case to which it is a party”. Judgments are final and without appeal. If either of the parties challenges their scope or meaning, it has the option to request an interpretation. In the event of the discovery of a fact hitherto unknown to the Court which might be a decisive factor, either party may apply for revision of the judgment. As regards advisory opinions, it is usually for the United Nations organs and specialized agencies requesting them to give effect to them or not by whatever means are appropriate for them.

We bring to the notice of Indian Government about some of the recent cases before the International Court of Justice such as Maritime Delimitation in the Black Sea (Romania v. Ukraine) - Judgment of 3 February 2009. 18/12/2008 - Territorial and Maritime Dispute (Nicaragua v. Colombia)

Though with regards to maritime dispute we can urge Indian Government, for the Srilankan State sponsored attacks on Indian Tamils in international waters, we have to urge only the Members of the Security Council and UNO to brand Srilanka as terrorist state and to impose sanctions on it for violating UN directives.

Indian political parties in power in the State of Tamilnadu again and again raised the issue of Indian Tamils right to living and fishing. Tamil Nadu Chief Minister M. Karunanidhi asked then Prime Minister Atal Behari Vajpayee, to take up with the Sri Lankan authorities the issue of hardships faced by Indian fishermen in enjoying their traditional fishing rights in the waters around Katcha Theevu Island, The Hindu, newspaper report said. In his meeting with the Prime Minister Mr.Karunanidhi said Indian fishermen had the right to fish in the waters around Katcha Theevu Island as per the Indira Gandhi-Srimavo Bandaranaiake settlement of 1974.

Monday, 21 July 2008 Inaugurating a fast against killing of Tamil fishermen by the Sri Lankan Navy, Tamil Nadu Chief Minister M. Karunanidhi said on Saturday that Katchatheevu was ceded to Sri Lanka, brushing aside the objection raised by the DMK government in 1974, as reported by The Hindu. Mr. Karunanidhi said though the 1974 agreement between India and Sri Lanka included the rights of the Tamil fishermen to fish in and around Katcha theevu, to pray in the church and to dry the nets, they were taken away when the Emergency was declared in the country. After the DMK government was dismissed, correspondence between Sri Lanka and India led to the rights of Tamil fishermen being deprived in 1976.

In Indian State of Tamilnadu Opposition leader and AIADMK General Secretary J Jayalalithaa had moved the Supreme Court to retrieve the Katchatheevu Islet from Sri Lanka. The killing of Tamil fishermen, allegedly by the Lankan Navy, on July 9 and 12 had set off a wave of protests in the coastal districts coupled with the demand to retrieve the islet which witnessed a number of shootings at fishermen from the state as well. According to the UN Convention on the Law of the Sea, territorial waters means the area from the baseline on the coast to 12 nautical miles into the sea, Jayalalithaa said, adding that as per this definition, the 285-acre, uninhabited Katchatheevu islet, lying at a distance of 11 nautical miles from Ramanathapuram, fell within Indian waters.

Sept 12 2008 Sri Lankan Foreign Affairs Minister Rohitha Bogollagama has said "Katchatheevu is a matter settled. As settled as much as Matara in the south of Sri Lanka to Sri Lanka. That's how Sri Lanka views Katchatheevu. There is no issue. The fact that Katchatheevu is there in the northern part of Sri Lanka doesn't mean anything. It is as much as a part of Sri Lanka in every sense of the word, so there is no further discussion needed on that."

The ruling party of Tamilnadu and Opposition leader of Tamilnadu, a state in Indian Union have voiced concern and are trying to secure the fishing rights of Indian Tamils through representations to Indian Government and Supreme Court of India. These actions apart a reply given by the Indian Government to Indian Member of Parliament Mr. D.Raja National Secretary Communist Party of India, as told by him on January 8^th January of 2008 reveals that Indian Union Agriculture Minister Sharad Pawar had written to him stating that as per the agreement the Indian fishermen can only dry their nets and offer prayers at the St Antony’s church in the island. “This position is not acceptable,” he said and wanted the Centre to renegotiate the issue and arrive at a settlement to restore the rights of Indian fishermen.

Sri Lankan government resorts to unprovoked firing upon the Indian fishermen, resulting in the loss of lives of fishermen once in few days repeatedly for years together, the Indian government, being a party to the aforesaid agreement, was duty bound to enforce the traditional fishing right of Indian fishermen off the Katchatheevu island.

The Supreme Court of India, in a case relating to the Indo-Pakistan agreement on Berubary Union and exchange of enclaves, ruled that any ceding of Indian territory to another country resulted in "diminution of the Territory of Indian Union," and therefore must be endorsed by Parliament through a constitutional amendment as laid down by Article 368. Since no such step was taken by the Indira Gandhi Government or any subsequent Government of India, Dr Manmohan Singh should seriously consider moving the Supreme Court to test the validity of conceding Kacha Theevu to Sri Lanka, the Opposition Leader of Tamilnadu Miss J.Jalalalitha had voiced demand and gone to Supreme Court of India. We are not debating the merits or demerits of a case pending in Indian Courts. We are just narrating the stand of various political parties of India in this regard.

Our prayers to The President is that already Former Attorney General of USA had filed 1000 page charge sheet against two American citizens for committing genocide against Tamils of Eelam who are fighting for a separate homeland.

Bruce Fein, counsel for US-based group Tamils Against Genocide (TAG), recently submitted to United States Attorney General, Mr Eric Holder, the Model Indictment charging U.S. citizen and Sri Lanka’s Defense Secretary, Gotabaya Rajapaksa, and U.S. green card holder and Sri Lanka’s Army Commander, Sarath Fonseka, for genocide, war crimes and torture against Tamils in Sri Lanka. The Counsel urged the Department to open a grand jury investigation into the crimes, based on evidence amassed in the three volume 1000-page document which the Counsel said “amply satisfies the Department’s threshold for commencing a criminal investigation.”

But Indian Tamil fishermen, more than 1000 people have been killed in mid seas, just because they are Tamils, and this will prove beyond an iota of doubt that Srilanka pursues genocide as its goal. One of the constituents of KUTSG, Dravida Peravai is collecting facts and figures to submit in the same case, to get justice for Indian Tamil lives.

Hence we the the Karaikal Union Territory Struggle Group, a non-political peoples movement demanding separate Union Territory status for Karaikal within Unitary Indian state, in view of the economic neglect of the enclave of former French colony Pondicherry ever since its merger with India, are urging you to step in decisively.

It is needless to recall that after African Negroes were liberated from the clutches of slavery, British India only supplied plantation labour to all countries to replace African slaves. When in British Parliament there were protests, the practice ceased in British India.

Instead our Tamil brethren from the then French colony of Pondicherry only slaves were shipped to all Caribbean nations. That curse for Tamils continues even in this century. By genocide Srilankan Government wants to subjugate whole Tamils as slaves in their own homeland.

We hope you will redeem Srilankan Tamils from slavery and write a new Profiles in Courage engraving your name in every Tamil heart and history. We only want you to follow the precedent of Franklin D. Roosevelt who brought together other nations to defeat Nazis, who wanted ethnic cleansing of Jews.

It is time you take all steps to stop the genocide of Tamils and save Indian Tamil lives too lost almost once in few days for years together in the mid sea of Bay of Bengal.

With Regards

Yours sincerely

N.Nandhivarman, Hon.President

A.S.T.Ansari Babu, General Secretary.

India in duplicitous, murderous collaboration with genocidal regime - SA Post

[TamilNet, Sunday, 15 February 2009, 15:00 GMT]
Noting that the “shelling of safe areas, the genocide massacre of the elderly, innocent women, and children,” are war crimes “on a par with the worst of Nazism,” an article in South Africa’s popular daily, The Post, accuses India that it “has revealed a duplicitous and murderous collaboration with the genocidal regime in power in Colombo. Not only deaf to the pleas and cries of its own Tamil population to intervene in this murderous onslaught, it actively assists the regime in the supply of military hardware, the training of strike-aircraft pilots, the supply of military expertise, and the provision of military advisors on the ground.”

Full text of the article follows:

Disunited in Diversity

Recently, there was much fanfare over the Republic Day celebrations of India and reports and protests on the ongoing atrocities in Sri Lanka. Writers sang the praises of India, referred to Gandhi, and with the pride to India becoming a super power.

Modern India is really a hotch-potch of different kingdoms, principalities, princely states, often with very little in common. Like Sri Lanka, the British welded these disparate entities into one state under one flag. In keeping with the dream of being superpower, India is now quickly learning how to throw its weight around and support a genocidal cause that flies in the face of its stated claim to human rights, its pioneering of non-violence; in short its boast of unity in diversity is little more than just that.

In the Sri Lankan genocide currently underway, India has revealed a duplicitous and murderous collaboration with the genocidal regime in power in Colombo. Not only deaf to the pleas and cries of its own Tamil population to intervene in this murderous onslaught, it actively assists the regime in the supply of military hardware, the training of strike-aircraft pilots, the supply of military expertise, and the provision of military advisors on the ground. With an almost unprecedented black out of news by Colombo, and a rather surprisingly tolerant acceptance of this restriction by international media, it would come as no surprise if India's role is discovered to be more than what has been outlined.

The close cultural and ancestral heritage shared by the Sri Lankan Tamils with the Tamil population of India is of no consequence to India. In fact, it appears as if the Indian government is encouraging Colombo to wipe out the Tamils; media reports indicate that aid has been promised by this budding superpower to Sri Lanka to rebuild the North the dust has been settled (read after its devastation), and, by implication, the wiping out of Tamils.

Recently, the Foreign Affairs Minister, one Mr Pranab Muckerjhee, on an unscheduled visit to Colombo, stated with much aplomb that a military victory should precede a political solution. His visit appeared designed to reassure Colombo that it could do as it pleased, and came immediately after widespread protests in Tamil Nadu, and pressure on New Delhi. Perhaps, he was reaffirming Delhi's ethnic alliance with the Sinhalese and Delhi's contempt for Tamils. Incidentally, the Sri Lankans, who follow a perverted form of Buddhism, are reported to regard the Tamils, original inhabitants of India, as sub-humans.

Sadly, though, a country forever boasting it gave the world Gandhi, bears little resemblance in its deeds to the vision of the great humanist. This modern India is intent on playing a dangerous in the South, and, by its alliance with murderous regime in Colombo, might come to rue its role in the ethnic cleaning. Perhaps India, following a certain other superpower in whose camp (and clutches) it is now firmly in, has adopted that declining super power's overriding motto: might is right.

The shelling of safe areas, the genocide massacre of the elderly, innocent women, and children, then wanton murder of Tamil youths simply because they are Tamils, is akin to war crimes on a par with the worst of Nazism, and perhaps, when these atrocities are ended, a more just world will bring to book all responsible for ethnic cleansing, as well as others, including India, who have overtly and/or covertly supported this annihilation of the Tamil people.

Therefore, the celebrations are somewhat out of place ' India is a house divided!!!!

Author, Abbey Naidoo is a Durban-based attorney

 

Diaspora Tamil dies in self-immolation urging Obama to stop Colombo’s war

[TamilNet, Sunday, 08 February 2009, 08:42 GMT]
27-year-old Eezham Tamil, Raja, living in Malaysia for 3 years set fire on himself and died Friday leaving a note in his diary saying "I am burning myself to death resting my hopes on global Tamils to save the Eezham Tamils. I plead American President Barack Obama to bring in a ceasefire in Sri Lanka." This is the first act of self-immolation committed by a person of the Eezham Tamil diaspora. Three people in Tamil Nadu have already died by self-immolation in support of Eezham Tamils.



"My name is Rajah, born on 27 May, 1982. I came to Malaysia seeking employment on 02 October, 2006 and I found a good job. Why am I burning myself to death? For permanent ceasefire and immediate peace talks in Sri Lanka,” reads a note from his diary.

"American President Obama should go to Sri Lanka immediately," was the desperate message of the letter.

"Indian Prime minister Manmohan Singh, Tamil Nadu Chief Minister Karunanidhi, Norway's Peace Envoy and Vaiko, the General Secretary of Tamil Nadu MDMK, should accompany the American President," the letter further read.



"I want this diary to be given to Vaiko so that he could fulfill my final wishes," was the last sentence in the letter.

A taxi driver saw a human figure in flames as he was driving along Jalan Thaman Street and though he ran to the burning youth with a bottle of water he was already dying.

Malaysian police recovered a diary, a purse, a box of matches and a bag near Raja's body.

Raja burnt himself to death near the car sale firm in front of Muneesvarar temple at 6:30 a.m.

Rajah used to come to Muneesvarar temple in the nights and say prayers loudly to save Eezham Tamils from the Sri Lankan military, the residents of the area said.

Chronology:

 

 

 

 

 

 

 

 

 

 

Eezham Tamil immolates himself to death in front of UN office in Geneva

[TamilNet, Friday, 13 February 2009, 16:17 GMT]
A 26-year-old diaspora Eezham Tamil from UK has self-immolated himself to death in front of the United Nations Office at Geneva (UNOG) in Switzerland Thursday night around 8:20 p.m., according to police spokesman Eric Grandgean. The man has identified himself as Murukathasan in a letter left behind by him 10 meters away from the scene, the Police officer said when contacted by a Tamil journalist in Switzerland on Friday. The copy of the letter in English and Tamil, received by Tamil journalists, with the identical name, said: “I believe the flames over my body, heart and soul will help the world community to have a deep human look over the great sufferings of the Sri Lankan Tamils.

“Till this moment the genocide activities against the Tamils by the Sri Lankan government is silently accepted by the International Community by helping Sinhala state terrorism [..],” the letter said.

The letter in English, received by media was verified with the name revealed by the Police officer.

Police is trying to trace the family and establish his full identity.

The act of self-immolation was witnessed by three individuals and police was on the spot when Murukathasan died.

The letters he wrote in both Tamil and English and delivered to Tamil media in Switzerland and received by TamilNet through the media circles are provided below:

 

 

 

 

 

 

 

 

 

 

Congress cadre immolates himself to death protesting party inaction

[TamilNet, Saturday, 07 February 2009, 19:17 GMT]
Congress functionary Sirkazhi (Cheerkaazhi) Ravichandran, a 47-year-old father of two children, immolated himself Saturday to protest his party’s inaction on the Eelam Tamils issue. He succumbed to hundred percent burn injuries and died a short while later at 3:45 p.m. Two days earlier, he had an altercation with the Union Minister Mani Shanker Aiyar blaming the Congress party for failing to stop the war in Sri Lanka. He had also told a couple of his friends about his decision in order to bring about a change in the attitude of the Congress.

Hailing from Pidaari Street, Cheerkaazhi in the Naakappaddinam District in Tamil Nadu, Ravichandran was serving as the 17th Ward Branch Secretary of the Congress party. His mother Saradha is a member of the Mahila Congress, the women’s wing of the Congress party.

In his affidavit to the Mayilaaduthu’rai magistrate, Ravichandran has stated that he was traumatized by the sorrow undergone by Eezham Tamils. “I feel extremely depressed that my party people have not come forward to help the Eezham Tamils who suffer so much. A ceasefire is an urgent requirement in Sri Lanka. Tamils should not be killed,” he said.

He also pointed out, “India can stop the war. But I am very distressed that India has not come forward to initiate any steps in this regard.” On his death bed, Ravichandran dedicated his life to the Eelam Tamils.

VCK Member of the Legislative Assembly, Durai Ravikumar, was the first to visit dying Ravichandran at the Mayilaaduthu’rai Government Hospital. He gave his condolences to Ravichandran’s wife and parents. Hundreds of cadres of the VCK, PMK and DMK were gathered in large numbers in front of the hospital. The situation was very tense and according to news reports, heavy security arrangements have been made in the region to prevent the situation from going out of hand.

Leaders of the umbrella front in Tamil Nadu, Ilangkaith Thamizhar Paathukaappu Pearavai, which was recently formed to protect the Eezham Tamils, will be taking part in his funeral procession Sunday evening.

In the meantime, people in the Naakapaddinam district have started taking out silent processions to mourn his death and to protest the Indian Government’s inaction.

 

UNITED NATIONS PEACE KEEPING FORCE:

UNITED NATIONS INTERVENTION TO STOP GENOCIDE:

Dravida Peravai launches campaign

Dravida Peravai launched a campaign on 12^th February of 2009 by email/fax/mail to draw the attention of the Members of the Security Council, Member States of the European Union and other important nations of the United Nations. In identical memorandums sent Dravida Peravai General Secretary N.Nandhivarman had urged these nations to bring a resolution in Security Council to stop the Genocide of Tamils and also to send United Nation's Peace Keeping Force. Dravida Peravai had argued that tiny countries had gained independence, there is equally compelling humanitarian reasons for all nations of the United Nations to extend support for the birth of Tamil Eelam. Memorandum given below had been sent to Canadian Prime Minister Mr.Stephen Harper, Norway's Minister of Environment and International Relations Mr.Erik Solheim, Austrian Federal Chancellor Mr.Werner Faymann, Prime Minister of Republic of Poland Mr. Donald Tusk, External Affairs Minister of Latvia Mr. Maris Rickstins, Foreign Minister of Greece Ms.D.Bakoyannis,Permanent Reprentative of People's Republic of China in United Nations Mr.Zhang Yesui, Minister Counselor of the Republic of Crotia in United Nations Mr.Vice Skaracic, Permanent Representative of Costa Rica in United Nations, Ambassador and Permanent Representative of Turkey in UN Mr.Baki Ilkin, Permanent Representative of Socialist Republic of Vietnam in UN Mr.Le Luong Minh, Permanent Representative of UK in UN Sir. John Sawers, Permanent Representative of USA in UN Ms.Susan Rice, Permanent Representative of Russian Federation in UN Mr.Vitaly Churkin, Permanent Representative of France in UN Mr.Jean Maurice Ripert etc so far. Dravida Peravai intends to mail to all 27 member country Presidents or Prime Ministers of European Union and to all member nations of UN, big or tiny seeking their support for Tamil Eelam independence which also will end Tamil genocide on Earth. The identical memorandum is as follows :

Subject :Prayers from Indian Tamils for your country's intervention in the Security Council or General Council of United Nations to end the genocidal civil war of Srilanka, to send United Nation's Peace Keeping Force to Srilanka and to consider the independent homeland demand of Tamil Eelam regarding

Tamils across the world want your nation to redeem Tamils from genocide and to live in peace, and Dravida Peravai, an Indian political party urges you to take up the issue of Tamil genocide in Srilanka and in Indian waters by the Srilankan navy, in the United Nations Security Council and urge United Nations to send a Peace Keeping Force under United Nation's command to Srilanka's North and Eastern Provinces. We pray to you and to your Government to urge United Nation to pass a resolution urging the end of civil war launched by the Srilankan Government. India is not yet a Member of the Security Council, hence we are appealing to all current member nations in the Security Council to take up the issue of protecting Tamils from genocide.

The United Nations Convention on the Prevention and Punishment of the Crime of Genocide defines the term as: Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. We would hand over pages and pages of materials to prove that in all aspects Tamil people in Srilanka are facing genocide, unheard of ever since the days of Adolf Hitler.

The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide. Article II describes two elements of the crime of genocide: 1) the mental element, meaning the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such", and 2) the physical element which includes five acts described in sections a, b, c, d and e. A crime must include both elements to be called "genocide." Article III described five punishable forms of the crime of genocide: genocide; conspiracy, incitement, attempt and complicity. Well we just brought this to your notice, since Tamils have a strong case and valid reasons to charge the Srilankan Government with genocide.

Genocide against Tamils is not new. It has been a continuous process. Twenty six years ago on the 25th of July of 1983 the world watched in horror, the vicious and the violent attacks against the Tamils in Sri Lanka. While the shocking images of burning bodies, gruesome prison massacres and masses of Tamil refugees were flashed across the screen of the world television, the detailed news articles about the murders, rapes and the plight of refugees were started to emerge in the media all over the globe. An extract taken from the Guardian correspondent speaks for itself.

"Smoke from hundreds of shops, offices, warehouses and homes blew idly over Colombo yesterday. Any business, any house belonging to or occupied by a Tamil has been attacked by gangs of goondas and the resulting destruction looks like London after a heavy night's attention from the Luftwaffe. The sharp smell of destruction fills the nostrils and the roads beneath the feet crunch with broken glass. Cars and lorries lie at ungainly angles across the footways. In Pettah, the old commercial heart of the city, row after row of sari boutiques, electronic dealers, rice sellers, car parts stores, lie shattered and scarred government officials yesterday estimated that 20,000 businesses had been attacked in the city." ' The Guardian 28 July 1983

The riots began in retaliation for an ambush of an army patrol in Jaffna that left thirteen Sinhalese soldiers dead. The army immediately retaliated by randomly killing a number of innocent civilians in the Jaffna peninsula. This followed by an extensively organized anti-Tamil riot which initially started in Colombo and soon spread to southern part of Sri Lanka where ever the Tamils lived. Sinhalese rioters in Colombo were provided with voters' lists containing details of names and addresses to enable them to specifically target the Tamil Community. The police, security forces, Buddhist monks and the State Officials turned a blind eye but encouraged the mobs and in some cases they themselves actively took part in the carnage.

The following statement appeared in The Financial Times is a testament to this. "The violence was vicious and bloody. In street after street in Colombo groups of rioters hit only at shops and factories, as well as homes owned by Tamils. Troops and police (almost exclusively Sinhalese) either joined the rioters or stood idly by. The events were so well organized no one doubts that there was a master list of targets." ' Financial Times, 12 August 1983.

Mobs of angry Sinhalese roamed the streets targeting properties and businesses owned by the Tamils. They chased down and beat any vulnerable people they could find. This lasted for several days and claimed the lives of over 3,000 Tamils. Over 50 Tamils political prisoners were butchered by the fellow Sinhalese inmates and the prison guards.

David Beresford, correspondent to the "The Guardian" newspaper described the prison massacres with the following statement. "While accounts of these massacres are circulating widely among Sri Lanka's Tamil population, it is the massacres in the Welikada garrison which are attracting the most attention. There is particular interest in circumstances in which two alleged guerrilla leaders were killed. The two men, Sellarasa "Kutimani" Yogachandran, leader of the Tamil Eelam Liberation Organisation and a political writer and Ganeshanathan Jeganathan had been sentenced to death last year for the murder of a policeman.

In speeches from the dock, the two men announced that they would donate their eyes in the hope that they would be grafted on to Tamils who would see the birth of Eelam, the independent state for which they were fighting. Second hand reports from Batticaloa garrison, where the survivors of the Welikada massacre are now being kept, say that the two men were forced to kneel and their eyes gouged out with iron bars before they were killed. One version has it that Kutimani's tongue was cut out by an attacker who drank the blood and cried: "I have drunk the blood of a Tiger."" ' The Guardian, 10 August 1983

This riot created a mass movement of refugees within the island. Over 100, 000 Tamils fled the island and sought refuge in Europe ,North America, New Zealand, Australia and India. The government headed by the President Jayewardene refused to condemn these brutal attacks and did not even release a statement until after four days of mayhem. In 2004 President Chandrika Kumaratunga made just a token apology to the nation. To this day no one has been prosecuted and no compensation was paid to the families who have lost their loved ones or to the refugees who were forced to abandon their properties and businesses.

This pogrom was the final blow for the Tamils, who immediately began an armed struggle to exercise their right to self-determination. Thousands of youth joined the Tamil militant organizations, took up arms and fought against the Sinhalese regime. This in turn gave resurgence to the Tamil rebel organizations especially to the Liberation Tigers of Tamil Eelam (LTTE). This upsurge of violence pushed the country into a full scale civil war.

This civil war has already cost hundreds and thousands of lives. The official figure is around 70,000 but recent estimates suggest over 300,000 mostly Tamil lives. Over million Tamils are internally displaced and further a million Tamils have left the island for the safe havens in the West. Riots left a deep psychological scar between the two major ethnic groups.

Tamil Tigers were transformed from a hand full of part-timers into a powerful and influential guerrilla movement capable of running over army bases manned by over thousands of professional soldiers. Angry Tamil refugees who settled in the West provided the necessary financial backing to the Tamil Tigers. The relationship between the Tamils and Sinhalese community have since further deteriorated. However this pogrom and the ongoing civil war have made the world to acknowledge that the Tamils have legitimate grievances in Sri Lanka.

In 2002 the newly elected government of Sri Lanka and the Tamil Tigers signed a Ceasefire Agreement in February 2002. Both parties held six highly publicized rounds of talks mediated by the Norwegians. The peace talks were abandoned mainly due the pressure from Sinhalese nationalist coalition parties. Although some progress were made, namely Tamil Tigers agreeing to a federal model as an alternative to an independent Tamil state called Eelam. The current Sri Lankan regime under President Mahinda Rajapaksa is determined to crush the Tamil Tigers. They have pulled out of the Cease Fire Agreement in January 2008 and started a full scale war in the North and East of Sri Lanka. The Sri Lankan State has already spent tens of billions of US dollars against fighting the Tamil Tiger rebels. It has allocated a record US $1.5 billion into the war effort this year alone and country's external debt has increased to US $14 billion.

The human rights situation in Sri Lanka is atrocious. Abductions, disappearances and murders are very common. Sri Lanka has the second highest number of disappearances in the world, ranking only behind Iraq according to the UN.

There is no media freedom any more. The defense ministry has publicly labeled the journalists who cover the war as "traitors". Within the last 3 years 12 journalists have been killed, 11 of them in government-controlled high security areas. There have been series of abductions and assaults against journalists in Sri Lanka. A senior minister marched into the offices of the state broadcasting corporation and attacked the news editor in day light. The opposition party UNP has openly accused the country's most senior army officer of being behind violent attacks on journalists. So far no-one has been brought to court for the attacks and most Sri Lankan believe that security forces are behind these attacks. The World Association of Newspapers has ranked Sri Lanka as the third most dangerous country in the world for media workers. (Iraq and Somalia are ranked 1 and 2 respectively.) Recently BBC had to shutdown its telecast because of Srilankan Government's threats against free and fair reporting.

In 2004 President Chandrika Kumaratunga made a token apology accompanied by nominal compensation to some of the victims. Just 72.3 million rupees [$US702,000] was promised. To this day no one knew whether this was paid or not for the injuries and destruction Tamils suffered. Leaving aside the cost in lives, the loss of property alone in 1983 has been estimated to run into billions of rupees. Tamils since then have lost thousands and thousands of lives and millions and millions of dollars worth properties. Not only Srilankan Tamils but Indian Tamils who were and are fishing in Indian waters are killed every now and then, just because they are Tamils. This amply proves the "genocide" intent inherent in the minds of Srilankan governments of past and present.

A Working Group chaired by Goran Backstrand, of the Swedish Red Cross at the Second Consultation on Ethnic Violence, Development and Human Rights, Netherlands, in February 1985 concluded: "There was a general consensus that within Sri Lanka today, the Tamils do not have the protection of the rule of law, that the Sri Lankan government presents itself as a democracy in crisis, and that neither the government, nor its friends abroad, appreciate the serious inroads on democracy which have been made by the legislative, administrative, and military measures which are being taken. The extreme measures which are currently being adopted by the government inevitably provoke extreme reactions from the other side The normal life of the (Tamil) population of the North has been seriously affected. People either have great difficulty or find it completely impossible to continue with their employment and there is a severe shortage of food and basic necessities Many Tamils are daily fleeing across the Palk Straits to Southern India. The continuing colonization of Tamil areas with Sinhalese settlers is exacerbating the situation and the country is on the brink of civil war." This is 1985, now we are in 2009. Situation had worsened. Tamils are being made into slaves at gun point.

The Government of India and its bureaucrats are focusing their attention towards the Indo-Srilankan Pact of July 1987, and hoping its revival will bring relief to Eelam Tamils. They conveniently forget the past and are indulging in chasing the mirage. The Indian Government must have known that Srilanka is always bent upon a military solution and is never for conflict resolution. The negotiations between 30th August 1985 to 19th December 1986 were going on, but during that period also Srilankan army was continuing its barbarian assaults on Eelam Tamils. India could not do anything. To teach Srilanka a lesson Government of India provided arms to Tamil militants and simultaneously lobbied among international community pinpointing the human rights violation and genocidal designs of Srilankan Government. In the middle of 1987 India intervened to provide humanitarian assistance and air lifted food supplies to Jaffna peninsula. The airlift coupled with international pressure forced Srilanka to stop the hostilities in 1987.

Indo-Srilanka accord paved the way for temporarily merging the Northern and Eastern provinces. To implement the accord then Indian Prime Minister Rajiv Gandhi sent the Indian Peace Keeping Force. Simultaneously the now hated LTTE agreed for cessation of hostilities and began handing over of arms to IPKF. Then who broke the pact ? Who triggered the unrest again ? Who is responsible ? Let us all impartially look back. General Amnesty was granted under the accord by the Srilankan Government "to political and other prisoners then held in custody under the Prevention of Terrorism Act and other emergency laws, and to combatants, as well as to those persons accused, charged or convicted under these laws." If only Srilankan Government had adhered to this general amnesty, the conflict could have been resolved. But Srilankan Government suddenly withheld amnesty to 1250 political prisoners, saying amnesty does not apply towards offences committed in areas other than North-East provinces.This culminated in LTTE suspending surrender of arms and led to LTTE and IPKF clashes.

Srilanka is known for its double speak. India never learnt lessons. After bartering away of Kacha Theevu islands to please and placate Srilanka, India dreamt that goodwill will prevail between both countries. The Kacha Theevu agreement foolishly drafted admits the rights of Indian fishermen to dry their nets in Kacha Theevu, but that does not mean Indians can fish near Kacha Theevu interpreted Srilanka in sadistic manner. By twisting the real intention of an agreement between two countries Srilanka till date goes on killing spree . It is national shame for India that it fails to protect the lives of Indian Tamil fishermen. India that seeks the handing over of Pakistani citizens who perpetuated terrorist attacks in Mumbai should have and must have sought the handing over of the Srilankan navy men to try them in Indian courts for the killings of Indian Tamils. Neither India sought compensation for the more than 1000 Indian Tamil fishermen killed by Srilankan navy. Srilanka cannot claim that it is killing terrorists. India cannot remain blind towards the killing of its own citizens. In this situation it is the duty of Security council members to act fast to end killings of Indian Tamils and Srilankan Tamils both by Srilankan Neo-Nazi war mongers.

The Srilankan Government is charged with genocide. It cannot justify the killings of Indian Tamil fishermen, who are not terrorists. Any Government would have sued Srilanka in International Court of Justice to regain the Kacha Theevu Island. India we are urging simultaneously here to take up the killings of Indian Tamils to United Nations. India that proclaims it handed over dossiers to more than 100 countries with regard to Mumbai terrorist attack, we are urging simultaneously to send dossiers about the excesses and brutality of Srilankan navy, which kills almost once in every few days just because they are Tamils. Sinhalese hate Tamils like Nazis hatred for Jews, hence the Indian Tamil too is killed, without an iota of doubt this stands proven.

Indian Government or other Nations that show adamancy to accept the separate state demand of Tamils, have now started to get shocked by the genocidal war unleashed by Srilanka aimed at ethnic cleansing. This ethnic cleansing had been the single goal pursued by various Srilankan governments and political parties for nearly half a century.

Now l beg you to read what Sinhalese Members of Parliament had spoken in their country's Parliament. Can any Parliamentarian speak openly with impunity in any of the Parliaments or Senates of this Earth, in the manner in which Sinhalese Members of Parliament had spoken in past ?

Sinhalese Buddhist Member of Parliament from Kundasale Mr.D.M.Chandrapala, spoke in July 1981 in Srilankan Parliament : Quote " Now Sir . What should we do to this so called leader of Tamils ? If I were given powers, I would tie him to the nearest concrete post in this building and horse whip him till I raise him to his wits. Thereafter let anybody do anything he likes, throw him into the Biere[lake] or into the sea, because he will be so mutilated that I do not think there will be life in him "

This is the Srilankan Parliament under which India wants Eelam Tamils to elect members to hear on how they should be killed if they demand anything legitimate. Is it not subjugating Eelam Tamils to slavery in an Earth where Negroes were emancipated from slavery ?

Mr.G.V.Punchinilame, Sinhalese Buddhist Member of Parliament from Ratnapura to explain in Parliament on how cruelly Tamils should be tortured. Quote : " Since yesterday morning, we have heard in this honorable house about the various types of punishment that should be meted out to them.[ Tamil Parliamentary leaders ]. The M.P for Panadura, Dr.Neville Fernando said that there was a punishment during the regime of Sinhalese kings, namely two areca nut posts are erected , the two posts are then drawn towards each other with a rope, then tie the each feet of the offender to each post and then cut the rope which will result in tearing apart the body. These people [Tamil M.P's] should be punished that way.

Some members suggested that they should be put to death on the stake, some other members said their passports should be confiscated, still other members said they should be made to stand at Galle Face and shot. The people of this country want and the government is prepared to inflict these punishments on these people.

Before violence erupted or militarist movements took inception, when purely Tamils were pursuing democratic path demanding state autonomy through peaceful means, Srilankan Parliament had debated on how Tamil Members of Parliament should be killed and tortured. Such hatred possessed only by their predecessors, the Aryan Nazis, is inbuilt in the minds of Aryan Sinhalese. Cruelty is their creed. Barbarianism is their gospel. Those who are clandestinely aiding and abetting to crush whatever little shield Tamils have is forcing them to go to an open air concentration camp. President Barrack Hussein Obama who felt ashamed of the inhuman behavior of American forces in Iraq is closing such dens of torture, whereas if countries of the Security Council does not act in time the entire Northern Province of Srilanka will be made an open garrison. The talk of political solution is the cruel joke of this century. To teach cannibals to behave in civilized manner if efforts are put, it will yield results. But the Sinhalese who inscribed their language letter Sri with hot irons in the forcibly exposed bare chests of Tamil women in fifties, Sinhalese who could pluck the eyes of freedom fighters within their prison and to crush it with their boots in sadistic arrogance, will torture the entire Tamil race. World watches helplessly when civilians are killed in so called safe zones. World watches while international agencies could not reach Tamils with medicines and food for internally displaced peoples. If under unitary Srilanka, Tamils are forced to live it will only be a life worse than a slave, and whoever moots that idea for whatever geo-political compulsion, will be placed as abettors of genocide before future generations and in history.

Before concluding, it is my duty to recall the words of then Srilankan President as published in Daily Telegraph of Srilanka on 11th July 1983. Mr.J.R.Jayawardane with whom Mr. Rajiv Gandhi inked an accord in 1987 had spoken in 1983, as follows :

" I am not worried about the opinion of the Tamil people, now we cannot think of them, not about their lives or opinion. The more you put pressure in the North, the happier will the Sinhalese people be here. Really if I starve the Tamils out, the Sinhalese people will be happy."

Let world powers with maturity ponder the imponderable solution many have in its sleeves and like parrots repeat about a political solution within the parameters of unitary state.

The freedom movements all over the world have succeeded even in this century. In India people who completely ignore their own history, may not be aware of what is happening elsewhere in the world. But it is needless to tell you that since 1990, 33 new countries have been created. If such being the reality, in what way it is unthinkable to demand an independent nation of Tamil Eelam ?

The dissolution of the USSR and Yugoslavia in the early 1990s caused the creation of most of the newly independent states. Fifteen new countries became independent with the dissolution of the USSR in 1991. Most of these countries declared independence a few months preceding the fall of the Soviet Union in late 1991.Armenia ,Azerbaijan ,Belarus ,Estonia ,Georgia ,Kazakhstan ,Kyrgyzstan ,Latvia ,Lithuania ,Moldova ,Russia ,Tajikistan ,Turkmenistan ,Ukraine. If such a great country Soviet Russia could break and 15 countries gain independence, in what way Srilanka is a super power and its territory should not be broken into two countries.

Yugoslavia dissolved in the early 1990s into five independent countries. Bosnia and Herzegovina, February 29, 1992 ,Croatia, June 25, 1991,Macedonia (officially The Former Yugoslav Republic of Macedonia) declared independence on September 8, 1991 but wasn’t recognized by the United Nations until 1993 and the United States and Russia in February of 1994 ,Serbia and Montenegro, (also known as the Federal Republic of Yugoslavia), April 17, 1992 ,Slovenia, June 25, 1991

September 17, 1991 - The Marshall Islands was part of the Trust Territory of Pacific Islands (administered by the United States) and gained independence as a former colony. September 17, 1991 - Micronesia, previously known as the Caroline Islands, became independent from the United States. Dravida Peravai appeals to the President of America Mr.Barrack Hussein Obama and Secretary of State Ms.Hillary Clinton to look at their own country's willingness to grant independence to Marshall Islands and Caroline islands. If a great power like USA could permit two small islands to become independent, then what is wrong in advocating independence for Tamil Eelam ?

May 20, 2002 - East Timor (Timor-Leste) declared independence from Portugal in 1975 but did not became independent from Indonesia until 2002. Now President of Timor Leste (East Timor) Jose Ramos-Horta, a Nobel Laurette had volunteered to help in mediation between Sinhalese and Eelam Tamils.

June 3, 2006 - Montenegro was part of Serbia and Montenegro (also known as Yugoslavia) but gained independence after a referendum. June 5, 2006 - Serbia became its own entity after Montenegro split. Febraury 17, 2008 - Kosovo unilaterally declared independence from Serbia.

There are the world’s seventeen independent smallest countries, each contain less than 200 square miles in area. If we combined the land area of these 17 countries, we would have a country just a bit larger than the state Rhode Island. Even tiny Singapore is too big for this list (it’s 246 square miles)! Vatican City - 0.2 square miles - The world’s smallest state, the Vatican has a population of 770, none of whom are permanent residents. The tiny country which surrounds St. Peter’s Basilica is the spiritual center for the world’s Roman Catholics (over 1 billion strong). Also known as the Holy See, Vatican City is surrounded by Rome, Italy. It is needless to further produce evidence as to small countries gaining independence and world acknowledging their independence.

We see the Member Countries in the Security Council and all members of United Nations as the saviours of Tamil race, the countries in United Nations which had helped even the tiny countries on their pusrsuit to wards independence , Dravida Peravai urges must render a helping hand to establish Tamil Eelam, which alone will bring lasting solution and everlasting peace to Tamils crushed under genocide.

With Regards

Yours sincerely

N.Nandhivarman General Secretary Dravida Peravai

UN experts concerned at suppression of criticism, impunity

[TamilNet, Tuesday, 10 February 2009, 01:57 GMT]
Ten independent UN experts on Monday expressed their deep concern at the deteriorating human rights situation in Sri Lanka, particularly the shrinking space for critical voices and the fear of reprisals against victims and witnesses which ' together with a lack of effective investigations and prosecutions ' has led to unabated impunity for human rights violations.

Full text of the statement follows:

Sri Lanka: UN experts concerned at suppression of criticism, impunity
9 February 2009

Ten independent UN experts* on Monday expressed their deep concern at the deteriorating human rights situation in Sri Lanka, particularly the shrinking space for critical voices and the fear of reprisals against victims and witnesses which ' together with a lack of effective investigations and prosecutions ' has led to unabated impunity for human rights violations.

The UN experts also unreservedly condemned this morning's suicide attack, allegedly by a female Tamil Tiger, which reportedly killed 28 and injured about 90 civilians and soldiers in Mullaitivu district in north-east Sri Lanka.

Speaking of the general human rights situation in the country, Ms. Margaret Sekaggya, the Special Rapporteur on the situation of human rights defenders, said "A climate of fear and intimidation reigns over those defending human rights, especially over journalists and lawyers." The safety of defenders has worsened considerably over the past year, most significantly following denunciations of human rights abuses committed by parties to the conflict, of corruption by state officials and of impunity. Serious and fatal aggression against journalists and the media are now a common occurrence as witnessed in the killing of the journalist Lasantha Wickremetunga and recent attacks on major media outlets.

The fighting in the North of the country has resulted in hundreds of thousands of civilians being internally displaced and trapped. The UN experts share the deep concern of the United Nations High Commissioner for Human Rights over the rapidly deteriorating conditions facing those civilians and the significant number of civilian casualties. They also deplore the restrictions on humanitarian access to conflict areas which exacerbate the ongoing serious violations of the most basic economic and social rights.

Notwithstanding the severity of the abuses in areas of conflict, the experts wish to highlight that the problem is deeper and more endemic. The conflict deflects attention from the impunity which has been allowed to go unabated throughout Sri Lanka. The fear of reprisals against victims and witnesses, together with a lack of effective investigations and prosecutions, has led to a circle of impunity that must be broken. The experts continue to receive disturbing reports of torture, extra-judicial killings and enforced disappearances throughout the country.

The UN experts strongly urge the Government of Sri Lanka to immediately take measures to ensure that effective remedial action can be pursued in support of the victims of human rights abuses and their families. They also highlight that thorough reforms of the general system of governance are needed to prevent the reoccurrence of further serious human rights violations. The experts call for an immediate end to impunity and to refrain from any reprisals. To strengthen the rule of law and to help ensure the safety and protection of the human rights of all persons in Sri Lanka, they continue to extend their offer of assistance to the Government.

* The Special Rapporteur on the situation of human rights defenders, Ms. Margaret Sekaggya; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Frank La Rue; the Chairperson of the Working Group on Enforced or Involuntary Disappearances, Mr. Santiago Corcuera Cabezut; the Chairperson of the Working Group on Arbitrary Detention, Ms. Manuela Carmena Castrillo; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Anand Grover; the Special Rapporteur on the independence of judges and lawyers, Mr. Leandro Despouy; the Special Rapporteur on the right to food, Mr. Olivier de Schutter; the Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr. Philip Alston; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Mr. Manfred Nowak; and the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context Ms. Raquel Rolnik.

East Timor President urges ceasefire, offers mediation

[TamilNet, Tuesday, 10 February 2009, 04:00 GMT]
“There will be no long term peace in Sri Lanka if this war is prosecuted by either side to the bitter end,” said the President of Timor Leste (East Timor) Jose Ramos-Horta, on Monday, offering his preparedness “to assist in any way that might contribute to a peaceful settlement.” Recollecting the experience of East Timor, the Nobel Laureate expressed his fear of immense destruction a civil war can generate and said: ” The people already traumatised should not be forced to remain or move against their will.” He urged the LTTE to seek a political settlement through dialouge.

Political observers find his statement a balanced and sober version of the Co-chairs’ stand.

Full text of the press release of Mr. Jose Ramos-Horta, distributed by East Timor & Indonesia Action Network (ETAN), follows:

Nobel Laureate appeals for Immediate end to hostilities in Sri Lanka

The long bloody civil war in Sri Lanka seems to be climaxing in a surge of violence.

Like many in this region, I have been following these developments with growing alarm. A military outcome is possible and commentators talk of the civil war coming to an end. Those who speak glibly of an end to conflict, however, show little understanding of history, human nature or what constitutes real peace. There will be no long term peace in Sri Lanka if this war is prosecuted by either side to the bitter end without regard to human dignity or humanitarian responsibilities and if the principals remain blind to the need for dialogue to achieve a sustainable bi-lateral long-term settlement for the good of all Sri Lankans.

I fear for Sri Lanka at this juncture. From personal experience I know that civil war generates frightening emotions of hatred and revenge that are immensely destructive. This was Timor-Leste’s experience in 1975. Families and communities were torn apart, social and political relations were damaged for generations, trust was shattered. Timor-Leste still suffers the effects of that conflict even though it happened over 30 years ago and lasted only a few weeks.

I call on the Sri Lankan government and the LTTE to cease fire immediately and for both parties to allow full and free access to the conflict area by humanitarian agencies and independent media. Both parties should also fully respect the Geneva Conventions and refrain from targeting civilians or utilising them for military purposes. The people already traumatised should not be forced to remain or move against their will. These measures will save precious Sri Lankan lives. The Sri Lankan government should show mercy and not press its military advantage. Such a gesture might also salvage some respect and trust to serve as the basic for the political settlement that must occur whatever the final military balance of power.

I call on the LTTE to seek a political settlement of Tamil grievances through dialogue. Dialogue is not treachery and can work. Many years ago my colleagues chastised me for proposing dialogue with our enemy. They were wrong. Timor’s history is evidence that, creatively and skilfully utilised, dialogue is a potent instrument for change and justice.

If invited, I am prepared to assist in any way that might contribute to a peaceful settlement of this sad conflict in the interests of all Sri Lankans.

Jose Ramos-Horta, Nobel Peace Laureate, President of Timor Leste

Dili, 9 February 2009

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