TAMILS TOWARDS

TRANSNATION STATE

N.Nandhivarman General Secretary Dravida Peravai

TOWARDS TRANSNATIONAL
STATE OF EELAM

N.Nandhivarman
General Secretary
Dravida Peravai

1
 Our tireless pursuits……

We have sent an appeal to all member nations of the United Nations

urging the nations to heed to the demand of probing the war crimes
of Srilankan President Mr.Mahinda Rajapakshe. We have sent
complaint to the Public Prosecutor of the International Criminal
Court of Justice. We with special emphasis on the cross-border
terrorism of killing of Indian Tamils by Srilankan navy had made
appeals to the International Tribunal of the Law of the Seas. These
appeals by mail and emails to Presidents, Prime Ministers of various
countries and to ambassadors of member nations of UN were also
mailed to numerous journalists across the world. We know that India
had to act, hence our appeal to the new Indian Minister for External
Affairs Mr.S.M.Krishna to review India’s policy towards Srilanka. He
advised Srilanka to address the root cause, for which Srilankan
defense ministry asked him, who are you and advised him to mind
your own business. This snub to Indian External Affairs Minister
should have been construed as an insult to India, but since Srilanka
showered praise on Indian Prime Minister, India swallowed the insult
with silence.

Aringnar Anna taught us to fight for Tamils rights and we will

continue our pursuits to generate awareness among nations of the
world. Certain champions in Tamilnadu, who spoiled the Eelam
cause by clubbing it with rhetoric for separate Tamilnadu, have
sidelined us, but let them realize their mistakes and usher Tamil unity
with single minded devotion to win liberation for Tamil Eelam.

N.Nandhivarman
General Secretary
Dravida Peravai
53 B Calve Subburayar Street
Puducherry 605001 India

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Contents :

1. Tamil Eelam Transnational Government 005

2. Red Carpet to China 009

3. Appeal to Member Nations of United Nations 014

4. To International Tribunal for Law of Seas 043

5. Complaint to International Criminal Court of Justice 054

6. Mails to Leaders of Nations 097

7. Appeal to Indian External Affairs Minister 103

8. Nose-cut to India by Srilanka 121

9. Lawyers Boyle and Fein charge Srilanka 122

Published by Aringnar Anna Foundation

First Edition Year :2009
Copies : 300 Donation : Rs 100

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TAMIL EELAM TRANSNATIONAL GOVERNMENT:
APPEAL TO NATIONS TO SUPPORT

[20th May 2009 in http://uk.360.yahoo.com/dravidaperavai ]

Political scientists term the globalization as one that leads to death of the
nation. Some others predict that in future city states will be the order of the
day. Tamils are now focusing their minds on how best they can define their
transnational status. Indian citizens who live in other countries are bestowed
with dual nationality status. Similar to that, Tamils should also be citizens of
a Transnational State of Tamil Eelam and citizens of whichever country they
live or opted to live. It is high time world recognizes a state without borders
to preserve the language, culture and liberty of people uprooted from their
traditional homeland. It will be a far fetched scheme or day dream to others
who hear the Tamils demand for first time.

To fit the long term goal of Tamils to get back their lost homeland of Tamil
Eelam with the support of the nations on earth or to remain forever in the
lands of their current domicile, thought could be given to give concrete
shape to create a Transnational State for Eelam Tamils. It will be like a state
in space or like a virtual state in cyberspace, in no way infringing the
governance of existing nations on earth.

Tamils dreamland is a homeland on Earth. Jews had their dream till they
attained Israel, but that dream is born out of never healing wounds that
continue to bleed over the annals of two nations crossing swords without
cessation of hostilities. Tamils being the peace loving citizens, who were
driven by historical accidents to wield weapons to protect their soil and its
people from ongoing genocide that had past half a century, are now at
historical cross roads. Their protests had awakened the nations to their
plight. Sympathetic voices and moral support from all men of conscience is
offering them solace in this grave hour, when their kinsmen in the
battlefields of Tamil Eelam have laid their lives for a just cause.

Hence Dravida Peravai appeals to the leaders of USA, UK, and France and
of the European Union and to Norway which is sympathetic to Tamils to
permit Tamil Diaspora to launch a Tamil Eelam Government in Exile.
These Tamils must decide to opt for peaceful and democratic way of getting
their homeland through diplomacy.

The Government of Tibet in Exile is in Tibet House 1, Calworth Street,

London NW8 TAF Telephone: 0044-20-7722-5378. Tamil Diaspora in UK
must get in touch with the Government of Tibet in Exile and must learn
from them on how to run a Government of Tamil Eelam in Exile. The

5
support democratic Britain gives for Tibetan Government will be also
showered on the Government of Tamil Eelam in Exile. The armed struggle
has ended. Tamils must rise above affinity towards the Marxian or Maoist
underground movements of yester years of history, and look for fresh
initiatives. One such could be emulating the example of the Tibetan
Government in Exile headed by His Holiness Dalai Lama. Tamils must also
know that the seat of the Tibetan Government in Exile is Dharmsala in
North India. India patronizes Tibetan Government of Exile; why not it
starts patronizing the Tamil Eelam Government in Exile. All the refugees
placed in various refugee camps can become citizens of The Tamil Eelam
Government in Exile, and all moneys towards refugees could be spent
through the Tamil Eelam Government in Exile. Though for India to
assimilate this idea will take a decade, Eelam Tamils can have their seat of
Government in London or whichever nations grants them permission to
set the government in exile in its soil.

British Prime Minister Gordon Brown had expressed solidarity with Noble
Laureate Aung San Sui Kyi, and western democracies are fully aware of the
National coalition Government of Burma with Dr.Sein Win as Prime
Minister. The elected Members of Parliament of Burma before people’s
verdict was thrown to winds and democracy butchered in last decade, are
the founding fathers of the Government in Exile. The Tamil Members of
Parliament who hope to get better deal under the bullet fire of Srilankan
President can exhaust their energies to get what has been denied to Tamils
since independence. Once they get disillusioned they can be the nucleus of
The Government in Exile of Tamil Eelam.

India who proclaims to be a friend of Tamils though ditching Tamils in dire

need, must allow Tamils of Eelam to form their Government in Exile within
Indian Territory. The Indian War of Independence saw the birth of the
Provisional Government in Exile on 21st October 1943 headed by Nethaji
Subash Chandra Bose. It took its inception in Singapore, and recalling the
past precedent, India can permit the creation of Tamil Eelam Government
in Exile. Of course India can choose who should head that Government,
like Lord Mountbatten chose and propped up Jawaharlal Nehru from
behind. This is not to belittle Nehru’s stature in the independence
movement, but to remind preferences of powers too matter in propping up
leaders of the Tamil Eelam Government in Exile.

Wikipedia states that Republic of Cabinda created in 1975 remains a

Portuguese protectorate. The Government in Exile of the Republic of
Cabinda is based on France; further that Government remains a
protectorate of Portugal. Similarly India can be the protectorate for the
Tamil Eelam Government in Exile, or France can be the patron. The issue is

6
left in the hands of Tamil Diaspora to collectively decide. The exercise
should also lay the foundation for a transnational state, the idea of which
had to be lobbied and concrete shape to be given in future.

Lao’s People Democratic Republic since 1975 was based in Paris. Republic
of Maluku Seltan claiming nation in Indonesia was based in Netherlands
since 1950. The fact is west is aware of the concept of a Government in
Exile, and Eelam Tamils must canalize all their thoughts to form such a
government aiming to regain the lost homeland but in mean time cementing
the bonds of comradeship that blossomed in the streets of the world where
Tamils rubbed shoulders for a common cause to stop the Genocide of
Tamils.

N.Nandhivarman
General Secretary Dravida Peravai

WHAT WE MOOTED NOW GAINS ACCEPTANCE IN TAMIL

NET…. Read...

Setting the hands of the clock right

[Tamil Net, Monday, 01 June 2009, 20:04 GMT]

The Eezham Tamils and their political representatives have no obligation to

anyone now, to engage in the deliberations of fruitless alternatives. But the
world has an obligation now to tell the Tamils whether its opposition is to
what it has perceived as 'terrorism' or to Tamil nationalism. The Eezham
Tamil mainstream has a historic responsibility on its shoulders to be
performed right now. If the oppression to their nationalism is trans-national,
the Eezham Tamils have to respond by forming a trans-national
government fully responsible to them based on democracy, to negotiate
with the world and to look after their own affairs.

Tamil Net Editorial Board

The foremost is the task of re-structuring the political struggle. All the
anger, frustration and unfulfilled aspirations have to be now translated into
positive energy of formulating a political idiom suitable enough for a global
discourse to achieve liberation. Among the very few classical as well as living
cultures of humanity, such as the Chinese, Hebrews and Arabs, the Tamils,
especially the Eezham Tamils, have become an endangered identity. The
world neither protected them nor allowed them to protect themselves. The
response of Eezham Tamils to such a situation should suit their great
cultural heritage. If the present world system is working against them in total
and if the world doesn't have enough appetite to look into their righteous

7
aspirations, then the Tamils matching to their civilization should come out
with introducing something innovative and creative to the world system
itself. If the oppression to their nationalism is trans-national, the Eezham
Tamils have to respond by forming a trans-national government fully
responsible to them based on democracy, to negotiate with the world and to
look after their own affairs.

Needless to say, the appropriate beginning is re-mandating the fundamentals

of Vaddukkoaddai Resolution, and based on that democratically endorsed
commitment, electing representatives for a trans-national assembly and
government. Eezham Tamils in Norway have already set a model for
conducting democratic elections in Diaspora context. A publication on the
procedures experimented in Norway are awaited soon. The Tamil request to
the civilized world at this juncture is to support their democratic experiment
and to listen to their democratic voices.

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ROLLING RED CARPET TO CONVERT INDIA INTO A
COLONY OF CHINA

The editorial of leading English daily of India, Times of India dated 29th
May of 2009 about Aung San Kyi contains a paragraph which I would like
to quote:

“ We have just concluded a spectacular democratic exercise and are still

showing it off to the world .But unfortunately when it comes to speaking up
for the defenders of democracy in Myanmar our voice drops to a whisper.
To put it bluntly India’s foreign policy with regards to Myanmar is caught in
a trap. We chose to play tootsie with the military regime in the hope of
getting access to Myanmar’s natural resources and to secure our north-east
from infiltration. We have achieved a degree of understanding on border
infiltration but have been well eclipsed by China as far as exerting influence
in Myanmar is concerned. We have meanwhile let down the people of
Myanmar in their quest for democracy. If India is to make amends, this new
Government must redraw India’s approach map to Myanmar. Given our
aspiration towards a greater role, New Delhi under the foreign ministry
would do well to recalibrate its approach towards our neighbors, especially
towards ruthless dictators whom nobody in the world particularly likes”

Tamils thank Times of India. The newspaper instead of dictator or neighbor

had used plural which indirectly indicates the tin-pot dictator of Srilanka.
These comments open a Pandora’s Box. Indian foreign policy had let down
its own citizens in past.

We Indian citizens, who rediscover the past, are baffled at the statement
tabled in Indian Parliament on July 23 1974 by then Indian External Affairs
Minister Mr.Swaran Singh [Lok sabha debates cols 186-201] for Re-
Agreement between India and Srilanka on boundary in historic waters
between the two countries and related matters. India must be aware what its
own representative sought before UN Sub-committee on the need to extend
its maritime belt in view of thorium find in Indian territorial waters. When
we had national interest to extend our maritime belt, only a nincompoop
would opt for an agreement that will hand over Indian island of Katcha
Tivu to Srilanka by way of this agreement.

We would like to remind that one Member of Indian Parliament, speaking

on the floor of the house on 23rd July 1974 raised a point or order.
Mr.P.K.Deo, Member from Kalahandi of Indian State of Orissa said
“Nowhere the Indian Constitution provide for cession of even an inch of
Indian Territory. All the Revenue records of Madras Government, a state of
India, corroborate that Katcha Tivu was part of former Ramnad zamindary

9
and an integral part of this country. So under no circumstances the
Government has got any power under the Indian Constitution to cede even
an inch of our country. A few days back the Coco islands which is part of
Andaman group of islands belonging to India was ceded to Burma. Now it
is Katcha Tivu. It is utter contempt and disrespect shown to the House
[Indian Parliament] by not taking the house into confidence and facing us
with a fait accompli”

The handing over of Coco island by the foreign policy experts of seventies
to Myanmar had paved way for China obtaining its in lease from Myanmar
and to build a harbour there apart from installing Russian made radars and
satellites to spy on Indian Missile programme operated from Orissa, a state
of India just facing Coco islands in the west of the Bay of Bengal. Sitting
entrenched in Eastern side of Bay of Bengal that too just 40 nautical miles
away from Indian Territory of Andaman Nicobar islands, China had
established its access and control of Bay of Bengal. The intelligent foreign
policy experts who had no broad vision but had only a thread opened the
gateway of Bay of Bengal to the Chinese dragon.

Dr.Ram Manohar Lohia, a Socialist Member of Parliament and

contemporary of Mr. Jawaharlal Nehru urged that India should extend her
frontier to the Yarlung Zangbo River, which he refers as Brahmaputra; only
then Indian troops would be able to meet the Chinese on more equal terms
as far as physical conditions are concerned. While such opinions were aired,
who took decisions, let us go back to the past pages of history.

“The office of the Military Intelligence was almost closed down by Nehru.
Anyway the Intelligence Bureau was pursuing the guidelines laid down by
Nehru in his 1954 directive “with single minded effort’ in this Mr.Mullick
and the Intelligence Bureau he headed apparently had the support of the
Prime Minister, steady and equally single-minded. As was not the case with
the Intelligence Bureau’s cooperation with instructions to paper nor did he
let even his Cabinet colleagues or senior officials into the secrets of his
understanding with his Intelligence Director “

These passages quoted indicate when and how India’s foreign policy took
the diversion from cabinet accountability and collective responsibility and
became a tool for the first among equals namely the Prime Minister of India
to act through agencies bypassing other layers in democratic set up. Until
1959 border security was the exclusive concern of the Home Ministry and
especially the Intelligence Bureau. Intelligence Bureau was under Home
Ministry till 1970 and then Prime Minister Indira Gandhi separated it from
Home Ministry and attached to Prime Ministers Office. It is not which
Ministry controlled Intelligence Bureau that forms the theme of our debate.

10
Cabinets were kept in dark. Cabinet colleagues were sidelined. Defense
Secretary or Home Secretary was ignored. IB playing the tunes of Prime
Minister started by Nehru is the starting point where India’s foreign policy
went in wrong direction committing blunder after blunder.

This culminated in Indian Cabinet headed by Mr.Manmohan Singh brushing

aside his cabinet colleagues in the cabinet, misguided by National Security
Adviser an extra-cabinet authority not accountable to public or Parliament,
committing blunder after blunder in India’s Srilankan policy. The Himalayan
blunder is joining hands with China and Pakistan and trying to get a
certificate of good conduct to the worst ever barbarian dictator that history
had even seen in neither past nor will tolerate one in future. Indian citizens,
of Tamil ethnicity, fishermen who were fishing in Indian waters or
contiguous waters were killed now and then, and Indian Prime Minister who
should have sent Indian navy in hot pursuit of those killers from Srilanka,
was busy pursuing single mindedly to take revenge for Rajiv Gandhi’s
murder. Now having accomplished his revenge mission, Indian Prime
Minister is duty bound to take revenge for the killings of Indian Tamils. The
least he can do is to take the matter to International Court of Justice seeking
compensation from Srilanka. Indian citizens, [who are not terrorists]
hundreds of them, had been killed by Srilankan navy, and India shakes the
blood soaked hands along with China, putting the conscience of India into
suspended animation and making Mahatma Gandhi turn in his grave in
shame.

“India and China are now members of the Financial Stability Board, the
apex institution to monitor global risks of financial crisis. Their voting
shares in the International Monetary Fund will also be slightly increased
through an accelerated quota reform process. However post-reform the
USA will retain its de facto veto power with a 17 percent share and the US,
EU and Japan will control 53 percent of IMF shares. Individually the shares
of US, UK, France and Japan will still be larger than China’s share of fewer
than 4 percent.” Hence China had planned a new offensive according to
Professor of National Institute of Public Finance and Policy Mr.Sudipto
Mundle.

“Zhou Xiaochuan, Governor of the Chinese Central Bank on the eve of G-

20 summit suggested that dollar should be replaced with SDR’s as the new
reserve currency. The huge dollar reserves held by Central Banks and other
global investors would be severely eroded if the dollar were to suddenly
depreciate. Yet these investors cannot easily diversify away from the dollar
since this itself would trigger dollar depreciation. The Chinese are
particularly concerned, an estimated 1 trillion dollars of their total reserves
of around 2 trillion are held in dollar asset. The SDR exchange rate is a

11
weighted average of exchange rates of the major convertible currencies.
Accordingly under Zhou’s proposals, China and other countries could
convert their reserves from dollars to SDR’s at current exchange rates
without any erosion in their value. Implementing such a proposal would also
mark the end of the dollar as reserve currency.” This is the game plan of
China which has let the cat out of its bag. The New Indian Finance Minister
cannot distribute rasagollahs over his assumption of office. Indians expect,
what is he going to do? By joining hands with China to butcher Tamils and
to bury the genocide before UN Human Rights Council, India had shown
that it follows Chinese footsteps. If India treads the Chinese path, the Left
parties of India will be rejoicing. If China launches SDR missiles to strike at
the Dollar regime, India had to toe Chinese line, if Indo-China-Srilanka
partnership to ethnic cleansing of Tamils is a forerunner to such
cooperation.

USA realizing the Chinese designs had been urging India to sign End-use
Monitoring Agreement, Communications Interoperability and Security
Memorandum agreement, and Logistics Support Agreement. China causes
grave concern for USA, hence USA urges India to sign these pacts. China
had become emboldened to say to USA to concentrate on western Pacific
and China will look after eastern Pacific. Pacific Command Chief Admiral
Timothy J Keating had recently held discussions with the extra-cabinet
authority the National Security Adviser of India and Foreign Secretary of
India, the duo that dances to Srilankan’s tunes.

Are we with USA or are we with China? Is USA a grave danger to the
territorial integrity of India or is China, the aggressor who claims our Indian
State of Arunachal Pradesh will be a threat with high magnitude? China
hand encircled India with tie-ups starting from Myanmar to Srilanka,
Maldives to Pakistan and Bangladesh. With harbours in all these countries
carefully built from 1990, China had acquired a might India cannot
challenge. If China could suggest to USA to divide Pacific Ocean as eastern
zone and western zone between them, will it not say to India confine to
your coast in Bay of Bengal and from Myanmar China will control half of
Bay of Bengal. Will not China with harbours in Pakistan and Maldives
suffocate Indian presence in Arabic Ocean? Sitting in Srilanka’s southern tip
China could block passage to Bay of Bengal and from Myanmar control
Malacca Straits. India which supports Srilanka hoping it will shield its geo-
political interests will cut a sorry figure in days ahead. Srilanka needed the
support of India only to finish the Tamil demand for homeland. Helping
Srilanka to crush Tamil freedom struggle China had succeeded in sowing
distrust towards India in Tamil minds. Each and every step China plans is to
establish it as Super power of Asia. It is the neo-colonial power which will
colonize Myanmar and Srilanka. In Indian state of Bihar, the influx of

12
Chinese women to marry Indians born in Buddha’s land is silently
establishing a Chino-Indian population like early Anglo-Indians.

Our foreign policy must be debated in Indian Parliament. Few individuals

should not decide the foreign policy of a continent like India with 100 crore
population. Ours is Indian Union, though it became unitary due to the
trauma of partition, it must be borne that Indian States have a right to shape
India’s foreign policy. Consensus can emerge in our National Integration
Council, debates in Parliament can offer constructive course corrections,
and Cabinet should not be bypassed, few people should not be shouldered
with crafting nation’s foreign policy, however super brains they may be. But
seeing how China had outwitted us by encircling India, and within India
opening a Red corridor Nepal to Andhra Pradesh where Maoists rule the
roost, it becomes evident that only fools will join hands with China, and
those evil brains that want India again to become a colony, this time a
colony of China will only get conduct certificates from Communist parties
and not from Indians with common sense.

N.Nandhivarman
General Secretary Dravida Peravai

Courtesy: Tamil National Network

http://tamilnational.com/indian-news/tamil-nadu/1205-rolling-red-carpet-
to-convert-india-into-a-colony-of-china.html

13
APPEAL TO MEMBER NATIONS
OF UNITED NATIONS
TO FIX SRILANKAN PRESIDENT
FOR TAMIL GENOCIDE

N.Nandhivarman
General Secretary Dravida Peravai

14
[Letter emailed to 147 nations out of 167 nations that have office in Geneva, to their ambassadors at
Geneva by email on 25.05.2009.The emails of 15 nations bounced. We did not mail to China, Russia,
Pakistan and India. The regular 11th session of the UN Human Rights Council starts from 2nd June to
18th June 2009. Hence this appeal was mailed to generate awareness among ambassadors at UN.
Identical letters addressed individually were mailed.]

Respected Leader

Subject: Appeal to Member Nations of UN to punish guilty over Tamil

Genocide and to evaluate various options and then support Tamil Eelam
liberation which is inevitable -regarding...

World has to wake up to the war crimes of Srilankan President Mr.Mahinda

Rajapakshe. The war had been a war without witnesses but the Western
nations and United Nations have in their possession satellite pictures which
will go a long way to establish the war crimes. Even after declaring victory,
the Srilankan Government adamantly refuses access to international media
and non government organizations with the sole motive to destroy whatever
evidences remain in the theatre of war.

Report of the International Law Commission had defined war crimes under
Principle IV as early as 1950. Every word of that definition suitably fits into
the charges against Srilankan President Mr.Mahinda Rajapakshe. War crimes
are violations of the laws and customs of war which include but are not
limited to murder, ill treatment or depredation to forced labour or for any
other purpose of civilian population or in the occupied territory murder or
ill treatment of the prisoners of war or persons on the seas, killing of
hostages, plunder of public property, wanton destruction of cities, towns or
villages or devastation not justified by military necessity.

1. The elected representatives of Tamil people, members of parliament

had been murdered in Srilanka. Within four walls of the well
protected prisons, political prisoners were assaulted by fellow
prisoners instigated on racial grounds to pluck the eyes of Tamil
leaders, and such barbarian acts is a continuous process for 5 decades
and more. Journalists who do not hide the crimes of the government

15
 were murdered. Indian Tamil fishermen, who for centuries pursuing
their profession were killed not by thugs but by Srilankan navy, just
because Sinhalese nurture hatred towards Tamils, They have killed
not only freedom fighters, but fishermen of a neighboring country,
India, just because of ethnicity. The wanton destruction of Tamil
properties and Tamil massacres were a regular feature from 1956 to
2009. In the last 5 months on the pretext of targeting terrorists,
Srilankan army had brought heavy destruction of Tamil villages and
towns. The uncivilized savages in Srilankan army had bombed
hospitals schools and no fire zones. In the concluding hours, the
Srilankan army had killed freedom fighters who came with white flags
to surrender, as advised by neutral nations to conflict. These are the
war crimes committed by Srilankan President Mahinda Rajapakshe,
Defense Minister and Army, Naval Chiefs of Srilanka.

2. Nuremberg Charter describes crimes against humanity as crimes such

as murder, extermination, enslavement, deportation and other
inhumane acts committed against any civilian population, before or
during the war or persecutions on political, racial or religious
grounds.

The nations of the world are not aware of the root causes that led to the
civil war. Now everyone talks that devolution of powers and equal treatment
to all is within reach, forgetting the fact that Tamils have been chasing this
mirage for past 5 decades. To drive home our charges of genocide we begin
with seeking justice for the genocide of elected Members of Parliament of
Srilanka.

Tamil National Alliance parliamentarian for National List,

Joseph Pararajasingham, 70, was shot and killed by two
gunmen belonging to a paramilitary group operated by Sri
Lankan Government in the St. Mary's Cathedral in Batticaloa
town while he was attending the Christmas Eve mass of 24th
December 2005.

Parliamentarian for Jaffna District, Nadarajah Raviraj, 44, was

shot and killed in Colombo on 10/11/2006 around 8:30am by
Paramilitary group operated by the Srilankan Government.

Tamil National Alliance parliamentarian of Jaffna District,

Kiddinan Sivanesan, 50, was killed on 06/03/2008 in a
Claymore attack carried out by the Sri Lanka Army Deep
Penetration Unit on A-9 road.30 minutes after he crossed

16
into Vanni through Omanthai/ Puliyamkulam entry/exit point. Claymore
attack took place at Kollarpuliyamkulam 1:20pm.

Sinnathamby Sivamaharajah assassinated, by

Mahindarajapakse Government August 21, 2006
.Sinnathamby Sivamaharajah, 68, was shot and killed at his
temporary residence inside the High Security Zone of the Sri
Lanka Army (SLA) in Tellippalai Sunday night around 7:20
p.m. He was the Managing Director of Jaffna Tamil daily
"Namathu Eelanadu" and the veteran chairman of Multi-
Purpose Co-operative Society (MPCS) in Tellippalai, Jaffna,
and Mr. Sivamaharajah is a former parliamentarian (TULF) and a senior
member of Ilankai Tamil Arasu Katchi (ITAK), the main constituent party
of the Tamil National Alliance (TNA). Velupillai Pirapaharan, leader of
Tamil Nation, awarded the 'Maamanithar' meda.

Vanniasingham Vigneswaran assassinated, by Mahindarajapakse

Government Friday, 7 April 2006 around 9.30 a.m

Mr.Vanniasingham Vigneswaran, President of the Trincomalee District

Tamil Peoples' Forum (TDTPF) was shot dead Friday, 7
April 2006 around 9.30 a.m. by the SriLankan Military
intelligentsia when he was about to enter the main
branch of the Bank of Ceylon (BoC) located along Inner
Harbor Road between the office of the Senior
Superintendent of Police and Trincomalee Harbor
Police. The assassination of the key Tamil activist has
taken place when the Tamil National Alliance (TNA)
was about to announce the appointment of Mr. Vigneswaran as the national
list Parliamentarian to fill the position held by Joseph Pararajasingham MP
who was slain in Batticaloa on Christmas eve.

Mr.Gumar Ponnambalam murdered by Chandrika`s Government on 5th

January 2000

Mr. Kumar Ponnambalam, president of the All Ceylon Tamil Congress, was
shot dead by SriLankan government sponsored gunmen
at Wellawatte, suburb of the capital Colombo on 05th
January 2000, around 11.15 a.m. The attack took place at
Ramakrishna road, near a by lane known as
'Muhamthiram lane'. He was born on 12 August 1938;
Ponnambalam entered the Sri Lankan politics in the early
60's. In 1966 he became the president of the Tamil
Congress' Youth Wing. Velupillai Pirapaharan, leader of

17
Tamil Nation, awarded the 'Maamanithar' medal, to Yogaluxmi
Ponnambalam, wife of late Kumar Ponnambalam, in honor of her husband
in a special function held in Kilinochchi, Sunday 11May 2003

We could also give statistics of journalists killed in Srilanka, but that will be
done in our complaints to UN Human Rights Council. Now we are taking
back to the past to trace the root causes of the conflict and to tell you in
brief about the various initiatives that failed to yield fruits.

.Federalism is buried: “After the UNP Government of 1977-1989 adopted

its 1978 Constitution, political devolution and the establishments of a
federal system of government were precluded by Article 2, which declared
“The Republic of Srilanka is a unitary state. The remaining scope for
political decentralization was eliminated by Article 76 which specified that
the Parliament shall not abdicate or in any manner alienate its legislative
power and shall not set up any authority with legislative power. The two
articles were incorporated explicitly to forbid devolution. Indeed when the
Constitution was adopted, then President J.R.Jayawardene confidently
claimed to have “all but closed the door on federalism”. These observations
in the Assessment of conflict resolution initiatives in Srilanka from 1957 to
1996, reveals that unless these two provisions in the Constitution is
removed no federalism can come into existence.

Official language status is deprived: Till 1956 Tamil and Sinhalese

languages enjoyed equal status. India which always boasts of the 13th
Amendment of 1987 to the Srilankan Constitution as a fruit of its
intervention conveniently closes its eyes to the article 18, which had taken
the life out of the amendment. The article states that official language of
Srilanka shall be Sinhala. Tamil shall also be an official language. English
shall be link language. Neither India then nor the other nations that
sermonize the need to resolve issues within Srilanka are going to get the
Constitution amended to read “The official languages of Srilanka shall be
Sinhala and Tamil. This alone is equality, which Srilanka will never concede,
that too when it is in a position of strength.

Dictatorship in garb of Democracy: The UNP Government creation of

Executive Presidency dealt a death knell to the Cabinet system of
governance, devalued the office of the Prime Minister, and by 1981
Parliament was reduced to silent spectator with no powers. Unless
Executive Presidency is done away and Parliament regains its supremacy,
there can neither be democracy for Sinhalese or Tamils.

Under Occupation forces safety in peril: Preferential recruitment of

Sinhalese only in army and police force starting from sixties had led to a

18
situation where Tamils does not even constitute one percent of the armed
forces. Indian Prime Minister Indira Gandhi’s emissary Mr.G.Parthasarathy
who drafted the Annexure C proposals was aware of this imbalance and
made first effort to address the issue of security forces remaining foreign
forces in the eyes of Tamils. Till date the security and police forces have no
space for Tamils, which makes Tamils insecure in the unitary Srilankan state.
After defeating the so called terrorists, if the Srilankan Government had
given General Amnesty to the Tamil forces, and had absorbed them, some
degree of trust towards government would have reared its head in Tamil
hearts. But it is not so. We once heard US President calling for General
Amnesty, but now no such voice is heard in international arena. All the
civilians uprooted from their villages due to war will not be immediately
resettled, but they have to remain in concentration camps, till all physically
able young boys and children are taken away for screening and killed so that
not a single young men with able bodies will be allowed to resettle, seems to
be the order of the Srilankan Government, and this act falls under the
criteria of crimes against humanity. Hence along with Srilankan President,
Defense Minister and Army Chief, Naval Chief, Air Chief of the Srilankan
Government and the Para-military forces patronized by Srilankan
Government should be charged with war crimes and brought to book.

Theocratic state that buries Secularism: India prides itself to be secular

state, but it patronizes a theocratic state, just because the Sinhalese call
themselves Aryan. Racial affinity blinds some of the Aryans who consider
indigenous Dravidian people as their eternal enemy. There cannot be any
common ground between the rulers of India and Srilanka on secularism.
There cannot be common ground with the geo-political interests of China
and Pakistan, but the racial affinity makes the rulers of India remain
adamant with like rock like stubbornness, with no prick from conscience
unmovable by the protests, self immolations, and cries of help from Indian
Tamils, who are Dravidians. Racial common thread between so called
secularists of India and theocrats of Srilanka blinds Indian vision towards
Tamil genocide.

The 1978 constitution reserved for Buddhism the foremost place [art.9] in
contrast to other religions, a provision which was introduced in the 1972
Republican Constitution with the motive to make Buddhism the State
Religion. The January 1996 Draft Provisions by Art 7 strived to entrench
Buddhism and create a Supreme Council of the Buddhist clergy to advise
the Government elected by various religious communities, on the process of
fostering only one religion, Buddhism. The Indian brains which remains in
paralysis, will never seek amendment to make Srilanka a secular state. They
will advise all religions to dismantle their structures in Srilanka and get
assimilated by Sinhala language, religion, and authority. Such unitary state

19
will be an open air concentration camp for people of other religions. Now
Tamils, within them considerable amount of Christians live in concentration
camps allowing breathing time for Sinhalese Government to nip in bud all
young boys and girls, so that a physically handicapped Tamil people’s state
can be established as vassal state of Srilanka.

Broken Pacts of Past and to be Broken promises to Donor Nations

now: The countries that had borrowed the Indian formula to solve the
aspirations of the Tamil people are not aware that both India and Srilanka
are hiding the hidden truths about so many pacts and initiatives of the past
in this direction ended in a fiasco. If democratically mandated Tamil parties
from 1957 failed to realize federalism and equal rights by pacts with
Srilankan Governments of all times, now India wants Tamils to expect the
victor who had crushed a freedom struggle to offer better panacea to the
vanquished, is totally foolish. Indian Governments pact with Srilanka itself is
broken to pieces, and now India wants Tamils to pick the rags of that
agreement from the dustbins of Srilankan President. This is to fool the
world and Indian Tamils urge the nations with conscience not to buy the
Indian argument but to individually evaluate the solutions that they can offer
to people of Tamil Eelam.

A] Pact between Prime Minister S.W.R.D.Bandaranaike, Prime

Minister of Srilanka and Leader of the Federal Party
Mr.S.V.J.Selvanayagam signed in July 1957 and abrogated unilaterally by
the Prime Minister in May 1958, stands for scrutiny here, to remind the
nations that preach a solution within Srilanka, that however they may wish,
it won’t get fulfilled. The Federal party agreed to abandon its demand for a
federal system, and agreed to regionalism, which means political
decentralization within the unitary framework of governance. Srilanka that
did not accept this compromise in 1958 but now after vanquishing the
freedom struggle, it will only offer slavery.

1] The Pact agreed that in Regional Councils Members of Parliament

representing the Central Government can preside, which gave room for
Parliament to directly control these regional councils. Instead of seeking
powers for the Ministers in the Regional Council, the pact paved way to
reduce powers and to vest some powers to Parliament.

2] The Pact agreed that regional councils should have powers for subjects
including agriculture, cooperatives, lands and land development,
colonization, education, health, industries and fisheries, housing and social
services, electricity, water schemes and roads. The flaw in this pact is it did
not delineate the legislative powers of the regional councils.

20
 3] The Pact did not specify the Executive powers of the proposed regional
councils. The powers of Regional Council would not be greater than that of
municipalities.

4] The Pact reiterated Sinhala as the sole official language of Srilanka. The
Federal Party accepted the secondary status given to Tamil language but the
Pact remained silent on non-sinhalese speaking peoples living outside the
Northern and Eastern Provinces.

5] The Federal party, commentators say failed to vigorously defend the

rights of Tamils and Muslims over land distribution in the Gal Oya scheme.

6] The 1957 Pact did not address the law and order issue

7] The 1957 Pact states that the Government will provide grants to
regional councils and the regional councils will have powers to taxation and
borrowing.

8] The 1957 Pact totally remained silent on economic resources but under
infrastructure subject’s electricity, water schemes and roads were for regional
councils.

9] The 1957 Pact conceded that over education Regional Councils will
exercise controls.

10] The 1957 Pact kept silence over employment.

11] Linking citizenship to ethnicity that too the majority and relegating
other ethnic groups lead to new class of Tamils called stateless Tamils being
created to brand Tamils of Indian origin, the up-country Tamils. The
Federal party prayed for the abolition of discriminatory classification of
citizens of Registration.

12] The 1957 pact recognized Ceylon as a Sinhalese state, where Sinhala
would be sole official language of the country and Tamil to be made as the
language of administration of the North and Eastern provinces without
infringing the position of official language.

This was the pact of 1957 when Tamils backed the Federal Party and even
these concessions were not given and pact abrogated in May 1958. Then so
many pacts, promises and initiatives, which did don’t give the minimum
requirement of Tamils, the nations of the world must bear in mind.

21
B] Senanayake-Selvanayagam Pact of 1965. After the Parliamentary
elections of 1965 the UNP lead by Mr.Dudley Senanayake did not have
majority and it needed the support of the Federal Party of Tamils led by
Mr.Selvanayagam. The Senanayake-Selvanayagam Pact of 1965, which
Tamils pinned hopes will get them regionalism was not fulfilled by a
national government in coalition with Federal Party. This show how
treacherous the Sinhalese leaders and political parties have been in past, and
they have changed names but not stance.

C] Model Constitution for the Federal Republic of Srilanka: The

constituent assembly met to draft the first Republican constitution in 1972;
Federal party tabled a model constitution which was rejected by the steering
committee of the constituent assembly.

D] Presidential Commission on Development Councils 1979:Dr.

Neelan Thiruchelvan Report of 1980 went to dustbin.

E] INDIAN INTERVENTION: Annexure C proposals: The holocaust

of July 1983, which marks the daylight state terrorism without any sense of
shame made then Indian Prime Minister Indira Gandhi to intervene. India
initiated talks with Srilankan Government and Tamil United Liberation
Front, a political party pursuing democratic path to fight for Tamils rights.
This led to Annexure C proposals master minded by Mr.G.Parthsarathy,
which could have formed the basis of further talks in the All Party
Conference.

1] Annexure C failed to demand repeal of Article 76 thereby making the

promise to transfer powers an empty promise. It neither urged to repeal
Article 2 thereby accepting the unitary system nor does not pave way for
regionalism.

2] The Annexure did not indicate whether Regional Councils would exercise
control over Regional Public Service Commission and Regional Public
Service. No provision was made to create Regional Judicial Service
Commission.

3] The Annexure C confirmed the discriminatory treatment of Tamil

language in 1978 Constitution.

4] Annexure C did not envisage transfer of the subject of land to councils.

5] The Annexure C did not even suggest placing Regional Police Service
under the Regional Councils. The wanton exclusion of Tamils from
employment in armed forces was not addressed to instill a sense of security

22
for Tamils, and also to give them equal rights as citizens to join armed
forces.

6] The 1983 Annexure C proposals addressed India’s concerns by suggesting

creation of a Port Authority under Central Government for administering
Trincomalae Port.

7] Though Annexure C allocated culture as subject allocated to Regional

Council, it did not define culture.

8] The Ceylon Tamils objected to the design of the National flag and
anthem which did not reflect the multi national and multi cultural society of
the country. Annexure C did not find remedy for this grievance but first
time this issue was subjected to debate.

Having dealt what little was offered when India brokered peace in 1983 that
too when the Iron lady Ms.Indira Gandhi was Indian Prime Minister, it will
be wild goose chase again to seek for Tamils rights under unitary Srilankan
State of Theocratic Dictatorship which had been a terrorist state to Tamils
since 1956 till date.

F] District-Provincial Councils Bill of 1984: All Party Conference in

August 1984 created a Working Group of Officials and Experts which
submitted its report to the plenary sessions of the All Party Conference in
September 1984. President submitted his statement to the All Party
Conference in December 1984. A draft bill for District and Provincial
Council was adopted in the conference, which did not satisfy Tamil
aspirations or meet Tamils demand. Tamil United Liberation Front, the
political party with majority representation of Tamils in Parliament
expressed unhappiness which was a good excuse to President
J.R.Jayawardene to shelve the bill in cold storage.

G] Thimpu Talks 1985 and after : Government of India brought

Srilankan Government and Tamil militant groups LTTE, TELO, PLOTE,
EROS, and EPRLF to negotiating table in Thimpu, capital of Bhutan, a
Himalayan country. Talks failed. But Indian External Affairs Ministry
continued its dialogue with the Srilankan President and a Draft Framework
of Terms of Accord and Understanding was arrived at in August 1985.
President J.R.Jayawardane should have submitted that draft to Srilankan
cabinet, but he chose not to do, lapsing the agreement.

H] Rajiv Gandhi’s Initiatives: Tamil United Liberation Front presented

few proposals to Indian Prime Minister Mr.Rajiv Gandhi in December 1985,
and India sought the opinion of Srilankan Government which rejected the

23
demand of federalism. Then Indian Minister Mr.P.Chidambaram led a
delegation to Srilanka and discussed with the Government of India and
Tamil United Liberation Front. Government of Srilanka as a follow up sent
its proposals to Government of India. Government of Srilanka prepared a
Draft Amendment to the Constitution of Srilanka to provide legal sanction
to Chidambaram proposals in September 1986. Subsequently discussions
took place in Bangalore between Indian Prime Minister Mr.Rajiv Gandhi
and Srilankan President Mr.J.R.Jayawardane and a working paper emerged
on 18th November 1986. This paved way for proposals of 19th December
1986.

I] Indo-Srilankan Accord of 1987: It should be noted that while Srilanka

was discussing ways and means to solve the Tamil conflict between 30th
August 1985 to 19th December 1986 it was continuing its genocidal war.
India then had a wise leader Mr.Rajiv Gandhi which provided all material
and moral support to militants in the field while bringing diplomatic
pressure on Srilanka to fix it for violation of human rights.

Unlike the whole world that watched helplessly without coming to the
rescue of starving civilians in recent genocidal war, India headed by Mr.Rajiv
Gandhi did not remain with lip service. It intervened to airdrop food and
medicines to the war zones of Srilanka. This act forced Srilanka, which
understands only the voice of the might, agreed to sign the Indo-Srilankan
Agreement to establish peace and normalcy in Srilanka in July 1987.

The traditional Tamil homelands which were infiltrated by Sinhalese

colonization were merged into a single North-Eastern province. The merger
should be confirmed by referendum before end of 1988, thereafter it will be
permanent. We all know how this promise was broken using Courts, and
Indian leaders who swear by the name of Rajiv Gandhi have completely
forgotten the longstanding demand of Tamils which Rajiv Gandhi obtained
for Tamils after so much efforts.

To implement the accord Indian Peace Keeping Force was sent. LTTE
agreed for cessation of hostilities and token surrender of arms and started
handing to IPKF. The same accord contains a general amnesty clause. The
general amnesty “to political and other prisoners now held in the custody
under the Prevention of Terrorism Act and other emergency laws, and to
combatants, as well as those persons accused, charged and or convicted
under these laws”.

After signing the accord Government of Srilanka went back saying that
amnesty does not apply to persons who have committed offences outside

24
the North Eastern provinces and withheld amnesty to 1250 political
prisoners. The LTTE retaliated by suspending surrender of arms.

Recently in May of 2009, the USA President Mr. Barrack

Obama called for grant of General Amnesty to the freedom
fighters of Tamil Eelam. If Srilanka in past had gone back on
general amnesty agreed in a pact between India and Srilanka,
how can United Nations or all civilized nations on Earth
except those who condone the Tamil genocide by Srilanka,
are going to get general amnesty to the 9100 LTTE fighters
claimed by Srilanka to have surrendered. If the UN Secretary
General had to go all the way praying for free access to
humanitarian agencies to help Tamil civilians in
concentration camps, who is going to pray for general
amnesty for the LTTE fighters who have surrendered. They
will not be treated as prisoners of war; all canons of
international law will be thrown into winds. These 9100
fighters and all able bodied young men and girls among the
Tamil civilians will be annihilated, Tamil villages and towns
will be implanted with Sinhalese colonization, then the
physically incapacitated, mentally derailed slaves now who
remain behind barbed wires, may be allowed to go back to
their original places. The time needed till year end is not to
de-mine the areas but to de-tamilize these places and to
break down the will power of those who bore the brunt of the
civil war, but somehow survived to become slaves.

J] The IPKF did not act in neutrality, here some bureaucrats or army
officers derailed the purposes for which IPKF was sent to Srilanka. Let me
quote few pages from Prof Daya Somasundaram`s book Scarred Minds
The Psychological Impact of War on Sri Lankan Tamils.[Professor
Daya Somasundaram is the Professor of Psychiatry in the University of
Jaffna and concurrently Consultant Psychiatrist, General (Teaching
Hospital) Jaffna. He was one of the four authors of the book, Broken
Palmyra, which was critical of the LTTE, a co-author of Mental Health in
Cambodia, where he served as a Consultant Psychiatrist]

If American forces during Bush era indulge in excesses, America under

President Barrack Obama makes amends and civilized democracy condemns
such acts. India we have democracy but we are ashamed to wash our dirty
linen in public. Anyhow as we look back at history we have to see the
reasons behind LTTE and IPKF clashes culminating in the Rajiv Gandhi’s
murder.

25
Civilians Massacred by IPKF

Jaffna Hospital: - Doctors, Nurses and Patients inside the Jaffna Teaching Hospital,
numbering 68 in all. .Their names are:- Dr A. Sivapathasuntheram, Dr M.K.
Ganesharatnam (St.John`s College,Jaffna), Dr Parimelazhahar, Mrs. Vadivelu,
Matron, Mrs. Leelawathie, Nurse, Mrs. Sivapakiam, Nurse, Mrs. Ramanathan,
Nurse, Mr. Shanmugalingam, Ambulance Driver, Mr. Kanagalingam, Telephone
Operator, Mr. Krishnarajah, Works Supervisor, Mr. Selvarajah, Works Supervisor,
Eleven (11) Minor employees and forty six (46) patients .Duraiswamy brothers :- Two
sons of late Sir Waithialingam Duraiswamy, Speaker of the State Council, residing in
their ancestral home next to the Jaffna Clock Tower. One was R. Duraiswamy (SLAS)
Retd. Secretary. Ministry of Local Government and M. Duraiwswamy Retd. Staff
Officer Bank of Ceylon.

Retd Director of Irrigation Mr. S. Sivasubramaniam, retired Director of Irrigation, Mrs.

Sivasubramaniam, his retired teacher wife and their only son, a brilliant boy who had
studied at St. John’s College, Jaffna, scored 4A`s in the GCE(Al) and was in the second
year of Medical College. Other Civilians Killed in Jaffna:- Prof. P. Chandrasekeram,
University of Jaffna, Dr R.W. Crossett Thambiah, Dr Selvaratnam Former DMO
Maskeliya, Dr S. Pararajasingham J.M.O, L.F.M. Samuel Rtd. Teacher (St. Thomas
College, Mt. Lavinia & Royal College), K.J. Sambanthar Retd. DLO & Asst. Land
Commissioner, Jaffna, Mrs. S. Sivanandaraja (mother), Mohanraj (son) (St.John`s
College, Jaffna- 81 Batch) Technical Officer, Irrigation .Dept, Mrs. Kishnam, Mrs. M.
Sebastiampillai, Mrs. N.R. Thuriappa, Mrs. V. Ruthiralingam, C.S. Aaron .
Urumpirai: - A. Subramanian Attorney at Law, Mr. & Mrs. Pancharatnam, Rtd.
Teachers, K. Navaratnam Rtd. Divisional Supdt. of Post Offices, S. Nadarajah,
Formerly SLBC, Tamil Service, P. Arooran, M. Nadaraja, S. Rasanayagam Rtd.
Credit Controller CCC Ltd. Anaikoddai: - Mrs. M. Weerasegaram Pillai, (Mother),
Pillai Yasotha Weerasegaram (Daughter), Mrs. S. Thanapalasingham (Mother) Miss
N. Thanapalasingham (Daughter) S. Kulasegerampillai, Retd. Station Master, Mrs. M.
Arumugam .Mrs. R. Gnanamuttu, A. Candappu Rtd. State Officer, S. Selvaranee
.Pirampadi, Kokuvil etc: - A large number of civilians were killed in Pirampadi and
Kokuvil and buried in mass graves. The whole matter requires a book to do full justice.
Ariyalai (my village) Ariyalai is at the eastern end of Jaffna town and the A9highway
passes through it. This was one of the four routes the Indian Army took to enter and
capture Jaffna. From Oct 10, 1987, we, living in Dehiwala, lost all contact with our
relatives who lived in Ariyalai, among them my wife’s 71 year old mother, her sisters and
their children, my close friends from my boyhood days in Jaffna. For twenty one (21) days,
there was a continuous curfew imposed by the IPKF with half an hours notice. The local
and foreign media were completely cut off from the scene of operations and terrible things
yes, I use words carefully, TERRIBLE THINGS, were done to the Tamils in Jaffna.

26
Rumors were rife. The militants said 30,000 civilians were killed. But I searched for
reliable evidence, and these started trickling in, from late October 1987. One reliable class
of evidence is the number of persons known to me personally, quite a number are blood
relatives, who were killed. Among those killed was a 45 year old cousin brother, S.
Shanmugasuntharam, Electrician, Jaffna Municipal Council, married, with two children,
shot while going to his paddy field in East Ariyalai. No one could reach the body jackals
and dogs ate the flesh and his brother Sinnathurai told me that the limbs and other parts
were in different part of the paddy field and he gathered them and buried them in the
paddy field. Sinnathurai had wept tears of a different sort in 1981 when he told me what
he found on the day following the burning of the Jaffna Library, where he worked as an
Assistant Librarian. But let us remain focused on the IPKF in this article.

An 84 year old uncle, S. Thambiah, father of the well known Journalist T. Sabaratnam,
was killed inside his home by an Indian artillery shell. His daughter Pathma and
grandchildren had taken refuge inside Ariyalai Sri Sithivinayagar temple and were
unaware of what had happened. One of my childhood classmates, Poologasingam, who
lived nearby and had also not gone to the temple as a refugee, discovered what had
happened, cut a pit in the garden, put my uncle in a sack and buried him there. No last
rites no cremation. Poologasingam went near the temple and shouted, `Pillai Pathma,
Appah Vaikundam poddar naan thevai yathanich seythu poddan` (Child Pathma, your
father has gone to heaven I have done what was necessary). My cousin Sabaratnam`s loss
did not stop with his father. His mother in law, 80 year old Mrs. Thambimuttu was a
refugee inside the temple. But an old lady cannot easily adjust to conditions inside a tightly
packed temple and Hindu temples do not have toilet facilities, as devotees are expected to
come in a `clean` state. So she went to her home within 250 meters of the temple for her
morning ablutions. She was walking back feebly, with the aid of a walking stick and
holding a flickering lamp, and was within 50 meters of the temple when she was shot dead
by the Indian soldiers, from Sri Parwathi Vidyasalai which they were occupying. They
discovered who they had killed and set fire to the body where it lay, using a tyre. She and
my late mother Mrs. Saraswathy Thamotharam had been classmates in Chundikuli
Girls College, Jaffna. She had been a source of comfort to my mother when we lost our
father when mother was 28 years old and had to face the grim prospect of feeding, clothing
and educating my brother (7 yrs) and myself (2 yrs), with not even a pension as father had
served for less than 10 years. What burning pain,

More than our relatives, we mourn the death of the elder son of the chief priest of our
temple, Subramaniya Kurukkal. Young Kannan Iyer, 24 years old, very fair, very
handsome, well versed in Hindu neethi and also a fully qualified Accountant, was
managing his own Accounting firm in Jaffna and assisting his father in carrying out the
temple duties. He told his father on Deepavali Day in Oct 1987, when the father was
getting ready to go to the temple to open the inner sanctum and light the lamps inside, to
stay at home and that he would go by bicycle by a circuitous route to the temple to light the
lamps. The inner sanctum had not been opened or lit after the influx of refugees. Only

27
Brahmin priests can enter the inner sanctum. Instead of going to the temple, he went to
heaven.

If anyone is interested, I shall take him or her to speak to Kannan Iyer`s mother. His
father, the chief priest of our temple, performed the ancient Hindu marriage ceremony for
me and my wife in 1962. He repeated it for our elder daughter and son-in-law in 1982.
He is a learned and pious man and he has the spiritual resources to withstand the loss of
his elder son. But tears flowed down the cheeks of his wife for the entire 45 minutes we
spent with them in March 1988, five months after the joy of their life was snuffed out by
the Indian army. To me, this is the worst crime of the IPKF assault on Jaffna. The life of
a young and brilliant Brahmin priest, who would have risen to great heights promoting
Saivaism, was snuffed out wantonly and this on Deepavali day when he set out to open
the sanctum sanctorum and light a lamp inside the temple. Twenty six persons lost their
lives in my village alone, during the Indian army’s campaign to gain control of Jaffna
Peninsula in October-November 1987. The IPKF Operation in Jaffna did not stop with
massacres of civilians. A large number of women were raped.

K] Other Initiatives that failed: After the 13 th Amendment of 1987, the

Democratic People’s Alliance came out with proposals in 1988. The drafting
committee of the All Party of Conference was given with proposals by
participating Tamil parties. Thondaman proposals were handed over in
1991. UNP party’s Presidential candidate Mr.Gamini Thissanayake came out
with a vision for 21 st century. The Up-Country People’s Front in
December 1994 submitted its peace formula to the Parliamentary Select
Committee. Then Srilankan President Chandrika Kumaratunga came out
with Basic Ideas on 3 rd August 1995. These basic ideas were formulated
into draft proposals on January 1996.

L] India is not in a position to intervene or influence as it did during the

times of Rajiv Gandhi. The unfortunate murder of Rajiv Gandhi had thrust
one point Agenda on the ruling party of India to take revenge on LTTE.
Now that revenge had been accomplished, it is high time for India to
evaluate its foreign policies. In recent months overnight so many retired
army men from IPKF turned into columnists occupying media space to
support the Agenda for Revenge, unfortunately forgetting that what their
army did in Srilanka brought about the turn of events and agendas for
revenge.

To err is human but to kill our conscience and supporting Tamil Genocide
is behavior of brutes.

We appeal to all nations to look at the list of massacres from 1956 to

2001 till the Norway brokered peace dawned in Srilanka.

28
1. Inginiyakala massacre [05.06.1956]
2. 1958 pogrom
3. Tamil research conference massacre 10.01.1974
4. 1977 communal pogrom
5. 1981 communal pogrom
6. Burning of the Jaffna library 01.06.1981
7. 1983 communal pogrom
8. Thirunelveli massacre 24, 25.07.1983
9. Sampalthoddam massacre 1984
10. Chunnakam Police station massacre 08.01.1984
11. Chunnakam market massacre 28.03.1984
12. Mathawachchi – Rampawa September 1984
13. Point Pedro – Thikkam massacre 16.09.1984
14. Othiyamalai massacre 01.12.1984
15. Kumulamunai massacre 02.12.1984
16. Cheddikulam massacre 02.12.1984
17. Manalaru massacre 03.12.1984
18. Blood soaked Mannar 04.12.1984
19. Kokkilai Kokkuthoduvai massacre 15.12.1984
20. Vankalai church massacre 06.01.1986
21. Mulliyavalai massacre 16.01.1985
22. Vaddakandal massacre 30.01.1985
23. Puthukkidiyiruppu Iyankovilady massacre 21.04.1985
24. Trincomalee massacres in 1985
25. Valvai 85 massacre 10.05.1985
26. Kumuthini Boat massacre 15.05.1985
27. Kiliveddi massacre in 1985
28. Thiriyai massacre 08.06.1985
29. Sampaltivu 04 to 09.08.1985
30. Veeramunai massacre 20.06.1990
31. Nilaveli massacre 16.09.1985
32. Piramanthanaru massacre 02.10.1985
33. Kanthalai 85 massacre 09.11.1985
34. Muthur Kadatkaraichenai 08, 09, 10.11.1985
35. Periyapullumalai massacre in 1986
36. Kilinochchi Railway Station massacre 25.01.1986
37. Udumbankulam massacre 19.02.1985
38. Vayaloor massacre 24.08.1985
39. Eeddimurinchan massacre 19, 20.03.1986
40. Anandapuram shelling 04.06.1986
41. Kanthalai 86 massacre 04, 05.06. 1986
42. Mandaithivu sea massacre 10.06.1986

29
43. Seruvila massacre 12.06.1986
44. Thambalakamam massacres 1985, 1986
45. Paranthan farmer’s massacre 28.06.1986
46. Peruveli refugee camp massacre 15.07.1986
47. Thanduvan bus massacre 17.07.1986
48. Mutur Manalchenai massacre 18.07. 1986
49. Adampan massacre 12.10.1986
50. Periyapandivrichchan massacre 15.10.1986
51. Kokkadichcholai 87 massacre 28.01.1987
52. Paddithidal massacre 26.04.1987
53. Thonithiddamadu massacre 27.05.1987
54. Alvai temple shelling 29.05.1987
55. Eastern University massacre 23.05.1990
56. Sammanthurai massacre 10.06.1990
57. Xavierpuram massacre 07.08.1990
58. Siththandy massacre 20, 27.07.1990
59. Paranthan junction massacre 24.07.1990
60. Poththuvil massacre 30.07.1990
61. Tiraikerny massacre 06.08.1990
62. Kalmunai massacre 11.08.1990
63. Thuranilavani massacre 12.08.1990
64. Eravur hospital massacre 12.08.1990
65. Koraveli massacre 14.08.1990
66. Nelliyadi market bombing 29.08.1990
67. Eravur massacre 10.10.1990
68. Saththurukkondan massacre 09.09.1990
69. Natpiddymunai massacre 10.09.1990
70. Vantharamullai 90 massacre 05, 23,09,1990
71. Mandaithivu disappearances 23.08.1990, 25.09.1990
72. Oddisuddan bombing 27.11.1990
73. Puthukkudiyiruppu junction bombing
74. Vankalai massacre 17.02.1991
75. Vaddakkachchi bombing 28.02.1991
76. Vantharumoolai 09.06.1991
77. Kokkadichcholai 91 massacre 12.06.1991
78. Pullumalai massacre 1983 1990
79. Kinniyadi massacre 12.07.1991
80. Akkarayan hospital massacre 15.07.1997
81. Uruthrapuram bombing 04.02.1991
82. Karapolla Muthgalla massacre 29.04.1992
83. Vattrapalai shelling 18.05.1992

30
84. Thellipalai temple bombing 30.05.1992
85. Mailanthai massacre 09.08.1992
86. Kilali massacre 1992, 1993
87. Maaththalan bombing 18.09.1993
88. Chavakachcheri Sangaththanai bombing 28.09.1993
89. Kokuvil temple massacre & bombing 29.09.1993
90. Kurunagar church bombing 13.11.1993
91. Chundikulam 94 massacre 18.02.1994
92. Navali church massacre 09.07.1995
93. Nagarkovil bombing 22.05.1995
94. Chemmani mass graves in 1996
95. Kilinochchi town massacre 1996 1998
96. Kumarapuram massacre 11.02.1996
97. Nachchikuda strafing 16.03.1996
98. Thambirai market bombing 17.05.1996
99. Mallavi bombing 24.07.1996
100. Pannankandy massacre 05.07.1997
101. Kaithady Krishanthi massacre 07.09.1996
102. Vavunikulam massacre 26 09 1996, 15 08 1997
103. Konavil bombing 27.09.1996
104. Mullivaikal bombing 13.05.1997
105. Mankulam shelling 08.06.1997
106. Thampalakamam massacre 01.02.1998
107. Old Vaddakachchi bombing 26.03.1998
108. Suthanthirapuram massacre 10.06.1998
109. Visuvamadhu shelling 25.11.1998
110. Chundikulam 98 bombing 02.12.1998
111. Manthuvil bombing 15.09.1999
112. Palinagar bombing and shelling 03.09.1999
113. Madhu church massacre 20.11.1999
114. Bindunuwewa massacre
115. Mirusuvil massacre 19.12.2000

Appeal to the Conscience of Leaders of the Nations under UN:

Having seen the list, and now Tamils having lost the freedom struggle,
would you say that Tamils will be treated as human beings within unitary
Srilankan State? Whether UN will stand guarantee, or which nation on Earth
can assure Tamils a life with dignity within unitary Srilanka.

We Indian Tamils urge United Nations to constitute a Tribunal on

War Crimes for Genocide of Eelam Tamils, on the lines of Nuremburg

31
Tribunal constituted the war criminals of Nazi-Germany after the II nd
World War ended. Nuremburg Tribunal had laid down certain principles
which are relevant to the war crimes on Eelam Tamils. i] The crimes against
international law are committed by men not by abstract entities and only by
punishing individuals who commit such crimes can the provisions of
international law be enforced. ii] Report of the International Law
Commission of 1950 states “The fact that a person who committed an act
which constitutes a crime under international law acted as Head of State or
responsible government official does not relieve him from responsibility
under International law.

Having stated the position of International law, we Indian Tamils

urge the nations in Security Council and if roadblocks caused by veto
hinder then the general assembly of the United Nations to constitute
International Tribunal for Srilanka for violation of International
humanitarian law and Genocide committed in the traditional
homeland of Eelam Tamils acting under the Chapter VII of the UN
charter.

Srilankan President Mr.Mahinda Rajapakshe had committed war crimes. It

would be appropriate to remind the Member Nations of the United Nations
that the General Assembly Resolution 3074 [XXVIII] dated 3rd December
1973 declaring Principles of International Co-operation in the detention,
arrest, extradition and punishment of persons guilty of war crimes and
crimes against humanity must be borne in mind and all nations, Indian
Tamils urged must cooperate in bringing to book the Srilankan President
Mr.Mahinda Rajapakshe for war crimes and genocide.

“ War crimes and crimes against humanity whenever or wherever they are
committed, shall be subjected to investigation and the persons against
whom there is evidence that they have committed such crimes shall be
subject to tracing, arrest, trial and if found guilty to punishment.” According
to this we urge Srilankan President to be fixed for his war crimes.

The Nuremburg charter describes crimes against humanity as the crimes

such as murder, extermination, enslavement, deportation and other
inhumane acts committed against any civilian population, before or during
the war or persecutions on political, racial or religious grounds, in execution
of or in connection with any crime ……

Though Nuremburg Trial, Tokyo Trial , Eichmann case, Chernigov Trial,

UN War Crimes Commission to investigate war crimes committed in
former Yugoslavia, Milosevic War Crimes Trial, International Tribunal for
Rwanda etc may be there, the one that stands apart is the Mai Lai Trial. Mai

32
lai is a village in Vietnam whole population of which was killed by American
personnel. American citizens proved to be worthy citizens of humanism and
condemned their own military officers committing war crimes. International
community brought pressure. It is a landmark in the history of trials on war
crimes. Mai Lai Trial marks the new trend where reaction of the
international community and the pressure of its own citizens compelled to
hold trial. This example of the greatest democracy of America makes every
citizen on earth bow their head to salute the humanness of American
people. Such a state, which does not even spare its officers, is now urging
the United Nations Human Rights Council to initiate action on Srilankan
President for Tamil Genocide. The Indian state of Tamilnadu in one voice is
demanding India to back the countries that are moving resolution to charge
Srilankan President Mahinda Rajapakshe for Tamil genocide. Unfortunately
along with China and Pakistan, India is to give a clean chit to Srilankan
President. India must hold a referendum In Tamilnadu, and if its own
citizens give clean chit to Srilankan President, then India can whitewash the
crimes committed by Srilankan President. Like America, India should have
put its own IPKF officers for trial in war crimes. It missed that chance to
prove that Gandhian India will not tolerate crimes against humanity. Now
when Indian satellites would have given more evidences of genocide, India
is morally bound to share those evidences with international community that
is seeking justice for Tamils butchered under genocide.

India had followed the policy of appeasing Srilanka to prevent it from falling
totally into the kitty of China. In pursuit of this illogical foreign policy, India
had turned a blind eye towards frequent killing of Indian Tamil fishermen in
Palk Straits by the Srilankan army.

The international community that seeks action against Srilankan

President must also seek action against Srilankan President and
Srilankan naval chief for their genocide of Indian Tamil fishermen in
the Palk Straits.

The International Court of Justice in Cu Channel case [1949] had conceded

that in times of peace states has the right to send their ships through straits
provided that passage is innocent. The same had been incorporated in UN
Convention on Law of the Sea, 1982. When innocent passage is permissible
to ships it also must apply to fishing craft. There has been no war between
India and Srilanka, and there is no reason for Srilankan navy to continuously
resort to killing of Indian Tamil for decades. India and Pakistan are enemy
nations but if Indian fishermen stray into Pakistan waters, Pakistan arrests
them and releases. But India and Srilanka are friendly nations, yet Indian
fishermen are killed. It has become a regular occurrence periodically
reported in media leading to fishermen protests. Srilanka resorts to

33
indiscriminate firing on Indian fishermen just because they are Tamils by
ethnicity. Dravida Peravai had collected information on the lives lost under
the Right to Information Act of India.

Date: Boat Reg. No. Place of Sea Injured Death

Person’s
26.11.92 RMS 030/CG Nedunteevu Mangalaraj -
Sea
27.02.93 RMS 540/MB Kachcha tivu Ganesan -
Sea
28.07.93 RMS 540/MB Dhanushkodi Kumar -
Sea Poominadhan
Gopal
21.09.93 RMS 330 Dhanushkodi Segaraj s/o -
Sea Maickel
08.10.93 RMS 1432 Thalaimannar Thangaiya Pondi s/o Karuppaiya
Rameswaram
Ramamoorthy
Kakkoor
Mudhukulathur Dk.
Palanichami s/o
Karuppaiya
Thazhaiuothu,
Tuticorin.
Sankar s/o
Dharmalingam
Kodimunai, Navaladi,
Nanguneri.
08.10.93 RMS 1807 Dhanuskodi Murugan -
Chinnaiya
08.10.93 RMS 26 Dhanuskodi Mari -
21.11.93 RMS 1362 Dhanuskodi Rajendhiran Balraj s/o Muthukani
Natarajapuram
16.02.94 RMS 57 Kachcha tivu Arul Arasan s/o Arul Arasan s/o
Nicolas, Bampan
Sebestiyan s/o
Ayyapillai,
Bompan
25.02.94 RMS1024 Dhanuskodi Sammandham -
06.04.94 RMS 325 Kachcha tivu Murugesan -
10.07.94 RMS 1546 Kachcha tivu Larans -
Selvam
10.07.94 RMS 190/CV Kachcha tivu Munisamy -
24.10.94 RMS 640 Dhanuskodi Vellaichami -
RMS 2038 Sendhurapandi
02.11.94 RMS 1917 Dhanuskodi Jesin Sagaraj s/o Rayappan
Cristraj Bompan
29.04.95 RMS 1357 Kachcha tivu Tamilselvan -
15.06.95 RMS 1815 Katchateeu Seni s/o Ramaya -

34
20.05.95 RMS 249 Dhanuskodi Suyambudurai s/o
Balavesamuthu
Settigulam
10.06.95 RMS 617 Dhanuskodi Thangavelu -
Date: Boat Reg.No. Place :Sea Injured Dead

15.07.95 RMS 705 Dhanuskodi Nageswaran -

06.03.96 RMS 2148 Kachcha tivu - Sedupathy

01.05.96 RMS 2000 Thalaimannar Solaimalai -

Sankar
14.08.96 RMS 657 Dhanushkodi Kalimuthu -

10.06.96 RMS 1690 Dhanushkodi Kailasam -

09.09.96 RMS 1614 Dhanushkodi Ramanadhan Ramesh

25.09.96 RMS 2276 Dhanushkodi Karuppaiya -

28.10.96 RMS 993 Dhanushkodi Palani -
06.11.96 RMS 777 Dhanushkodi - Karunanithi
07.11.96 RMS 538 Dhanushkodi Selvam Ganapathy
09.11.96 RMS 1933 Dhanushkodi Andoniraj -
23.11.96 RMS 2364 Dhanushkodi - Thirumal
21.12.96 RMS1992 Dhanushkodi Murugesan -
RMS 225 Dhanushkodi Sanjeevi -
20.01.97 RMS 2027 Dhanushkodi Munusami -
30-01.97 RMS 2721 Dhanushkodi Vanniraj -
26.03.97 RMS 2352 Dhanushkodi Munisamy -
13.03.99 RMS 2278 Kachcha tivu Muniyandi -
s/o
Muthukaruppan
21.04.97 RMS 247 Kachcha tivu Ratinakrishnan -
Lingamani\
Senthil
08.06.97 RMS 117 Kachcha tivu Ganesan s/o -
Muniyandi
18.06.97 RMS 1437 Kachcha tivu Raju -
18.06.97 RMS 2057 Kachcha tivu Subramanian -
18.06.97 RMS 2297 Kachcha tivu - Mariyajaan
19.11.97 RMS 350 Kachcha tivu - Dharman
Chinnamuniyan
Balsami
Muthusami
19.11.97 RMS 1980 Kachcha tivu - Ifragim,
Ganesan,
Murugesan,
Vengatesan
13.05.98 RMS 1620 Kachcha tivu Ramalingam -
25.11.96 RMS 412 Kachcha tivu Murali s/o -
Veerppathiran,

35
 Govindharajan
s/o Krishnan,
Perumal s/o
Sudalai
Jothi Manikkam
s/o Anguchami
05.07.99 RMS 576 Kachcha tivu - Albert s/o Soosai
21.07.99 RMS 1872 Kachcha tivu - Jaanson s/o Andhoni
08.12.99 RMS 1512 Kachcha tivu Vazhivittan s/o -
Dharmalinga
Devar
19.02.2000 RMS 600 Kachcha tivu Selvapandian s/o Murugesan s/o Periyasamy
Soosai
10.05.2000 RMS 1126 Kachcha tivu Muniswaran s/o -
Pandi
19.06.2000 T.U. 328 Kachcha tivu Babu s/o Natesan -
27.11.2000 RMS 2759 Kachcha tivu - Munisamy s/o Natarajan
16.02.2001 RMS 583 Kachcha tivu Murugesan s/o -
Rathinavel
30.08.2001 RMS 1654 Kachcha tivu Saravanan, -
Kottai
Muniswaran
18.10.2003 RMS 229/MB Dhanushkodi Pirabu s/o Dhoss -
09.08.2004 RMS 2721 Kachcha tivu - Ramu s/o Sokkaligam
09.09.2004 RMS 401 Dhanuskodi Naganadhan s/o -
Dhavasiyandi
Devar
17.08.06 RMS 2283/MB Kachcha tivu Naburajan s/o -
Nagaligam
10.07.06 RMS 103/MB Kachcha tivu Rajan s/o Andi -
06.10.06 RMS 334/CV Kachcha tivu Perish s/o -
Arulanandhan,
Bompan.
22.11.06 MDM 689/MB South Sea Arulanandhan, -
Side Bamban.
27.02.07 RMS 3787/CV Kachcha tivu Xevier s/o -
Andhoni,
Thangachimadam
06.03.07 RMS 3582/CV Kachcha tivu Viswar Cristoper s/o Andhonisamy
s/o Andhonisamy
Bampan,
Sagayaraj s/o
Andhonipicchai,
Bompan,
Dhasan s/o
Rayappan,
Bampan.
Soosai s/o
Devadhoss,

36
 Bampan
18.06.07 TN/09/MFB/11 Kachcha tivu Gunabalan s/o -
Sagayarajan,
Thangachimadam
13.11.07 TN/10/MFB/978 Kachcha tivu Kirubaraj s/o -
Abaranam,
Bampan
12.01.06 TN/10/MFB/51 Kachcha tivu S. Sekar -
05.03.06 TN/10/MFB/935 Kachcha tivu Francis -
05.03.06 TN/10/MFB/442 Kachcha tivu - Cristy s/o Anthonisamy
Thangachimadam.
02.06.08 TN/10/MFB/244 Kachcha tivu - Santhiya s/o Maickel,
Thangachimadam
21.06.06 TN/10/MFB/650 Kachcha tivu Andran -
30.06.06 TN/10/MFB/409 Kachcha tivu Morris -
28.09.06 TN/10/MFB/109 Kachcha tivu - Murugan, Madhurai
04.09.1993 1. Sekar s/o
Kaliyaperumal,
Jegathapattinam,
Pudukottai. T.N.
2. Ranganadhan s/o
Ramasami, Jagathapattinam.
15.01.1994 1. Anbalagan s/o
Subramanian,
Sellendhal.
2. R. Selvam s/o
Pakkirisamy, Sellendhal.
30.04.1994 1. Dhanavel s/o
Palanisamy,
Sellenendhal.
2. Ravi s/o Mani
Sellenandhal.
06.01.1997 1. Ramesh s/o Aniyash,
Uvari, Nellai.
10.05.1997 1. Chandhiran s/o
Natarajan,
Jagathapattinam.
2. Sivaganam s/o
Natarajan,
Jagathapattinam
3. Kuttiyandi s/o
Chinnadhambi,
Kasadudimedu,
Pondicherry.
25.06.1991 1. Dhanasekar s/o
Perumathan,
Ramanadhapurm
2. Ramu s/o Kasi
Ramanadhapurm.

37
 3. Govindhan,
Ramanadhapurm
14.03.2001 1. Gopi s/o Anjappan,
Kizhmoovarkarai, Sirkazhi
TK. Nagapattinam Dk.
09.02.2008 Thangapandian s/o Palani,
Jagadhapattinam
08.04.2000 1. Latchumanasamy s/o
Arumugam,
Akkaraipettai,
Nagapattinam.
2. Rajendhiran s/o
Rajan, Akkaraipettai.
Nagapattinam.
09.01.2001 1. Veeran s/o Chinnayan,
Jagathapattinam.
13.11.2004 1. Sivaraj s/o Manipal,
Nagapattinam
16.10.2006 1. Soundharajan s/o
|Chinnappu, Mandapatthur,
Pondicherry.
24.02.2007 1. Aruldhass s/o
Andhonimuthu,
Kottaipattinam.
As an 20-03-
2009
Fishermen at
Srilangan
Prison
1. Marivel s/o
Nagarathinam
2. Kannan s/o Thangavel
3. Murugavel s/o Selvaraj
4. Subramanian s/o Parith
Devar
As on

This is the first list of Indian Tamil fishermen killed by the Srilankan
Government in its pursuit to annihilate all Tamils whether they seek

38
independent state or whether they belong to India. We are sending the
above stated details to the UN Human Rights Council and to the Public
Prosecutor of the International Criminal Court of Justice, urging that the
Genocide of Tamils committed by Srilankan President is not confined
to Srilankan soil, but it is pursued in international waters, as well as
Indian waters. Hence we urge upon the nations in United Nations to
request India to deliver the list of Indian fishermen killed by Srilankan navy,
so that the Genocide of Indian Tamils also could be included in the
genocide charges against Srilankan President.

Indian Government or other Nations that show adamancy to accept the

separate state demand of Tamils must re-evaluate their policies in the light
of 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.

Let the civilized democracies of this earth touch their conscience and say
whether they have forgotten the Nazi persecution of the Jews. Now let
them 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 horses 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 “

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

39
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. 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 watched helplessly when civilians are killed in so called
safe zones. World watched 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 innocent political novice 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.”

We urge the United Nations that seeking punishment for war crimes and
genocide is not enough. They must realize that Tamils and Sinhalese cannot
co exist in unitary Srilankan State. In order to drive home Dravida Peravai
had quoted from fiery speeches in Parliament.

UN Secretary General Mr.Banki Moon after meeting Sri Lankan President

Rajapaksa and other top officials in Kandy warned during a news
conference with Foreign Minister Rohitha Bogollagama that unless the
government can reconcile with the country's Tamil minority, "history could
repeat itself." It shows the concern of the UN Secretary General for Tamil

40
cause, but Tamils know from experience that his warning will fall on deaf
years.

1. We, Indian Tamils appeal to world nations to send UN Peace

Keeping Force to Srilanka, to supervise the rehabilitation and
resettlement of Internally Displaced Persons. Srilanka only wants
funds but it will not use for resettlement or rehabilitation. It will use
to colonize Tamil villages and towns with Sinhalese that is why it is
keeping IDPs in barbed wire camps preventing them from going back
to their traditional homes even after declaration of success in war by
the Srilankan Government.

2. The adamancy shown by Srilankan Government to grant free access

to international media and non governmental organization is not only
aimed at concealing the usage of banned and chemical weapons used
to inflict genocide but it needs time to erase all traces of brutality by
its security forces in the final phase of the Tamil Eelam war. UN and
Member Nations must impose economic sanctions on Srilanka unless
it opens its war zones and concentration camps to international
media.

3. We remind the suggestion of General Amnesty made by US President

Mr.Barrack Obama. The fate of 9100 LTTE cadres who had
supposed to have surrendered, as per announcement by Srilankan
Government itself is at peril. Though actual figures are not available,
the process of screening conducted by Srilanka is to eliminate these
LTTE cadres who should be treated as Prisoners of War in
accordance with the tenets of international law. UN must exert
diplomatic pressure on Srilanka to grant general amnesty to the
LTTE cadres, and these cadres must be absorbed into the Srilankan
army, since Tamil representation in army is almost nil. Tamil regiment
in Srilanka cannot emerge in near future, the only way is to give
employment to the freedom fighters in the army thereby assuring
Tamils that the phobia of Sinhala dominated army need not exist, and
safety of Tamils can be left in the hands of Tamil army. Unless
General Amnesty is granted world is going to witness mass
killings of all able bodied youth in Srilanka, any time in next
few weeks.

4. Tamil struggle in fifties started with demand for a federal state.

If like USA, a federal model is brought in Srilanka that could be
considered by Tamils of Eelam and not the Indian model,
which in name only is Union but in reality a unitary state.

41
5. To ensure the safety of Tamils Srilanka must be forced to allow
Condominium .Condominium exists when over a particular territory
joint dominion is exercised by two or more external powers. In past
England and France exercised control and had rights over the
territory of New Hebrides between 1914 and 1980. This gave joint
sovereignty of France and Britain over New Hebrides. Historically in
British India, India had condominium over Srilanka, and to assure
Tamils till the historical wounds are healed and unity emerges, India
can exercise condominium over the North Eastern Provinces,
which will act as guarantee for Tamil lives against future
genocide of Tamils. If not India, UN can have condominium
along with Srilanka.

6. India wants to safeguard its geo-political interests, and USA accepts

India as regional power in this region. In these circumstances, we
urge USA and Nations of the European Union, and Democracies all
over the world, member nations of United Nations to help Tamils
gain Tamil Eelam, which can be a Protectorate State under
India’s hegemony.

The twin objectives to support Tamil Eelam Government in Exile, while

pursuing to prosecute Srilankan President Mahinda Rajapakshe for
crimes against humanity and genocide, needs the support of all Member
Nations of UN. Dravida Peravai, a political party of Indian Tamils shares
with you its views to generate awareness and also initiate a global debate
on how to resolve the Tamil Eelam conflict. Mere lip services for equal
rights within Srilanka will not resolve anything, as day be day world
comes to know by the adamancy shown by Srilanka to starve Tamils to
death during war, to keep Tamils in concentration camps in post war
phase, to have kept international media in war to hide its chemical
weaponry or brutality and now too to keep them at bay to erase all traces
of evidences amount the large scale massacre of Tamils.

With Regards
Yours fraternally
N.Nandhivarman
General Secretary
Dravida Peravai
India

www.dravidaperavai.org.in

42
SRILANKAN GENOCIDE BEYOND ITS BORDERS: JUSTICE
SOUGHT for KILLING OF INDIAN TAMIL FISHERMEN

N.Nandhivarman
General Secretary Dravida Peravai, India

43
THE REGISTRAR
INTERNATIONAL TRIBUNAL FOR THE LAW OF SEA
Am Internationalen Seegerichtshof 1
22609- HAMBURG
GERMANY

Before the Respected Judges of the Tribunal

Subject: Action against Srilanka for killings of hundreds of Indian Tamil

fishermen and compensation sought for lives lost in genocide beyond
borders, and the redrawing of the maritime borders to protect the fishing
rights of Indians regarding...

The maritime belt of the coastal India was based on the canon shot principle
till 1956.Jurist Bynkershoek laid the foundation for this rule, when he
enunciated that the breadth of maritime belt extends to the distance where a
canon can fire i.e. 3 miles of maritime belt. This principle based on canons
that were in usage in eighteenth century existed till twentieth century. The
Hague Conference of 1930 which tried to extend the maritime belt did not
yield results and hence Conference on Law of Sea at Geneva attempted to
revise the breadth of maritime belt. India which was following this 3 mile
maritime belt for centuries till 1956 extended the maritime belt by 6 miles
through Presidential Proclamation. In the year 1967 it was extended to 12
miles.

Subsequently Indian Representative at UN Dr.Pannikkar made a statement

before the Sub-Committee of the Peaceful Uses of the Sea-bed and Ocean
Floor beyond the limits of National jurisdiction on 17th August 1971,
wherein [ Ref :UN Doc.A/C 1331] for extending the maritime belt in
view of the discovery that Indian territorial waters contained huge
quantities of thorium.

We Indian citizens, who rediscover the past, are baffled at the statement
tabled in Indian Parliament on July 23 1974 by then Indian External
Affairs Minister Mr.Swaran Singh [Lok sabha debates cols 186-201] for
Re-Agreement between India and Srilanka on boundary in historic

44
waters between the two countries and related matters. India must be
aware what its own representative sought before UN Sub-committee on the
need to extend its maritime belt in view of thorium find in Indian territorial
waters.

When we had national interest to extend our maritime belt, only a

nincompoop would opt for an agreement that will hand over Indian island
of Kachcha Tivu to Srilanka by way of this agreement.

We would like to remind that one Member of Indian Parliament, speaking

on the floor of the house on 23rd July 1974 raised a point or order.
Mr.P.K.Deo, Member from Kalahandi of Indian State of Orissa said
“Nowhere the Indian Constitution provide for cession of even an inch of Indian Territory.
All the Revenue records of Madras Government, a state of India, corroborate that
Kachcha Tivu was part of former Ramnad zamindary and an integral part of this
country. So under no circumstances the Government has got any power under the Indian
Constitution to cede even an inch of our country. A few days back the Coco islands which
is part of Andaman group of islands belonging to India was ceded to Burma. Now it is
Kachcha Tivu. It is utter contempt and disrespect shown to the House [Indian
Parliament] by not taking the house into confidence and facing us with a fait accompli”

After fixing the maritime belt in 1967, India realized the need to protect
every inch of our territorial waters in view of finds of precious metals within
our waters, yet it conceded Kachcha Tivu to Srilanka. But in 1976, Article
297 of Constitution of India was amended for fortieth time “ All lands,
minerals, and other things of value underlying the ocean within the
territorial waters or the continental shelf, the exclusive economic zones of
India shall be such as may be specified from time to time, by or any law
made by the Parliament.”

In 1976 again Indian Parliament passed The Territorial Waters, Continental

Shelf, Exclusive Economic Zone and other Maritime Zones Act 1976. The
act fixed the limit of territorial waters as the line every point of which
is at a distance of 12 nautical miles from the nearest point of
appropriate baseline.”

In his book entitled: Conflict Over Fisheries In the Palk Bay Region
(Lancer, New Delhi, 2005) Prof V Suryanarayan says that it is very important for
India to find ways for fishermen from Tamil Nadu to fish in Palk Bay/Palk Strait (up
to 5 nautical miles from the north Sri Lankan coast) and around Kachcha Tivu,
because this is a traditional right as well as an economic
necessity. According to him, a grave injustice was done to Tamil Nadu fishermen in
1974, when New Delhi decided to give in to the Sri Lankan government's contention that

45
Kachcha Tivu was part of Sri Lanka, and agreed to draw the maritime boundary line in
a such a way that the island was included in the Sri Lankan side.

New Delhi had callously overlooked the fact that Kachcha tivu had been part of an
Indian "Zamindari" and that Indian fishermen had, from time immemorial, fished in the
waters around it, Suryanarayan says. The area around the island and beyond, nearer
the Sri Lankan coast, is rich in prawns, and prawns are the main source of income for
these fishermen since 1969. The annual fish production in the Palk Bay region is 85,000
tones in 2005. Over a 100 fishermen have been killed, and catch and equipment worth
millions of rupees, have been lost in the process. But the fishermen are undaunted.”

[But nearly 432 Fishermen were killed gathered information through

various Government sources says, we add first list in end and further
through next mail]

Although the Art 73 of the UN Law of the Sea prohibits shooting of

straying fishermen, the Sri Lankan Navy had been quite trigger-
happy. The Government of India could do little to stop it.

Art 5 of the 1974 maritime boundary agreement, read with statements of

Indian ministers in parliament, gives Indian fishermen the right to fish
around Kachcha Tivu.

Given the deaths and the political fallout in Tamil Nadu, a State of India in
1991, the state Chief Minister, J Jayalalitha, called for the "retrieval" of
Kachcha Tivu from Sri Lanka. She even suggested taking the island on
"lease in perpetuity." In this case, sovereignty over the island will rest with
Sri Lanka, but India will get the right to use the island and the waters around
it. In 1974, India gave Bangladesh the territory of Tin Bigha on such a lease,
to settle the vexed question of access to enclaves in each other's territories.
Why this cannot be replicated in the Indo-Sri Lankan case, Chief Minister
Jayalalitha took the cue, and in 1994, asked the Central government to get
the island on perpetual lease. She reiterated this demand in 2004 in a letter
to the Indian Prime Minister.

A country of India's size and resources should not only assess the dangers
emanating from a changing strategic environment but, it should also
zealously safeguard autonomy in decision making. The recently published
Indian Maritime Doctrine highlights not only the importance of the control
of the seas but also the necessity to deny its use to the adversary

Licensed Indian fishing in Palk Bay region

46
India was urged to pressurize Sri Lanka to give in to its demand for licensed
Indian fishing in Sri Lankan waters in the Palk Bay/Palk Strait area. In 2003,
Sri Lanka had agreed to consider such a proposal mooted by India at the
Prime Ministerial level. This "window of opportunity which India should
exploit", had been closed. Killings continue. Periodical protests continue.
India treats Srilankan fishermen caught in its waters with dignity and deports
them, whereas Srilankan navy fires and kills each and every Indian Tamil all
these years.

To buttress its case, India can point out that in the 1976 maritime boundary
agreement, it had unilaterally offered Sri Lanka, licensed fishing for three
years in the Wadge Bank area, the experts says. Sri Lankan Tamil fishermen
from Jaffna and Mannar are indeed opposed to poaching by Indian
fishermen, but they have been practical enough to accommodate it with
some conditions. A recent agreement allowed Indian fishermen to fish as
close to 3 nautical miles from the North Western coast and 7 nautical miles
from the Northern coast, provided the Indians did not use trawlers.
Trawling, which sweeps the bottom of the sea, is what the Sri Lankan
fishermen are really bothered about, not the traditional fishing methods. But
Srilankan navy killed hundreds who pursued traditional fishing methods.

The fishermen of the two sides seem to want to share the marine resources
in the restricted Palk Bay area. Why can't the governments of India and Sri
Lanka follow suit? Sri Lankan Establishment, represented by the Ministry
of Foreign Affairs and Fisheries, is against licensed Indian fishing despite
the 2003 offer. In 2003, Prime Minister Ranil Wickremesinghe was going
out of the way to accommodate India and the offer was part of the mood of
the time. But the mood had not percolated to officialdom and the rest of
political system.

In her Public Interest Litigation Writ Petition, under Article 32 of the

Constitution, then Tamilnadu Chief Minister Ms. Jayalalitha has appealed to
the Supreme Court of India for an appropriate writ order or directive for
declaring as unconstitutional the two agreements signed between India and
Sri Lanka in 1974 and in 1976, under which the island of Kachcha Tivu was
ceded to Sri Lanka and the traditional fishing rights of Indian fishermen
were given up.

She has appealed for a directive to the Union of India to take appropriate
steps for retrieving the island or alternately to take steps to obtain or regain
the right of access to Kachcha Tivu and right to engage in fishing around
the island. She has also appealed for a directive to the Union of India to
protect the lives and livelihood of Indian fishermen who regularly fish
around the island.

47
While researching on the subject, we had to face severe limitations. All
documents relating to the Zamindari rights of the Raja of Ramand have
been taken away to New Delhi and are kept behind the stonewalls of
secrecy. However, there are number of secondary sources to prove, without
an iota of doubt, that the island was a part of the Zamindari of the Raja of
Ramand. The East India Company and the British Government upheld
these claims. And when Zamindari was abolished after independence, the
revenue jurisdiction came to Madras province.

New Delhi did not dispute the Zamindari rights of the Raja of Ramand, but
it was not certain that the Zamindari rights conferred sovereignty.

No one claimed that Zamindar was sovereign, but what must be

highlighted is the fact that the sovereign had delegated the powers of
collecting the revenue to the Zamindar. Once the Zamindari was abolished,
all rights reverted to the Government. New Delhi’s argument is tantamount
to questioning Indian unity. It must be remembered that on the eve of
independence, large parts of India were under Zamindari system. In the
nine provinces of British India, the Zamindari system covered 57 per
cent of the area, the Ryotwari system covered 37 per cent and the
Mahalwari system 5 per cent. If New Delhi’s (and Colombo’s)
argument is accepted, the very existence of India as a united country
will be at stake.

A few other relevant points must be highlighted. If any Indian territory is to

be ceded to a foreign power, the Constitution needs to be amended. In
order to avoid such a contingency, New Delhi adopted the stance that
Kachcha Tivu was a “disputed territory”. Indira Gandhi sought legal
opinion whether India had historical claims on the island, but the opinion
was not unanimous. While Niren De, then Attorney General was of the
view that “on balance, the sovereignty over Kachcha Tivu was and is with
Sri Lanka”, MC Setalvad, former Attorney General, upheld India’s claims.
Adding insult to injury, the principles of equi-distance and median line, the
fundamental principles of delimitation of maritime boundaries, was not
adhered to in the case of Kachcha Tivu.

According to SP Jagota, then Director of the Legal and Treaties

Division, “the boundary line between India and Sri Lanka
followed the median line except as adjusted in the Palk Bay
in relation to the settlement on the question of the Island of
Kachcha Tivu” .

48
And a careful reading of Articles 5 and 6 of the 1974 Agreement, in
conjunction with Indian External Affair Minister Swaran Singh’s
clarification in Lok Sabha, clearly reveal that Indian fishermen continued to
enjoy these rights in and around Kachcha Tivu. But unfortunately these
rights were bartered away by the 1976 Agreement, that too when India was
under emergency clamped to freeze democracy.

It is surprising that no Government in Indian State of Tamil Nadu have

thought it fit to challenge the cession in the Supreme Court as the
Government of West Bengal did at the time of the proposed transfer of
Berubari to East Pakistan. Can they do so now after the lapse of 34 years?
It is possible that they may apprehend the law of limitation, but the time
limit of 30 years, prescribed by Article 112 of the Limitation Act, 1963 does
not apply to a suit in the Supreme Court in the exercise of its original
jurisdiction. The matter can be argued whether Kachcha Tivu had always
been a disputed territory or it was a part of India or a no man’s island.

If the State Government in India is unable or unwilling to move the

Supreme Court, it is open for a concerned citizen to seek judicial remedy
through public interest litigation. The question will also arise whether the
two international agreements, a matter relating to Public International Law,
can be questioned in a Municipal Court. The answer is clear. No treaty can
override the Constitution of India, which is the supreme law of the land.

But this issue could not be settled by the Supreme Court of India. The
Srilankan Government is on record in its Parliament that:

However, a decision given by a Court of law in a jurisdiction outside Sri

Lanka would not be binding on Sri Lanka. Any such Court Order or
judgment will not alter or have an impact on a bilateral treaty concluded
between two sovereign States.

Hence our petition to the International Tribunal of the Law of the Sea
is mailed today as last resort.

Since all avenues to settle the maritime boundary and fishing rights of
Indian Tamil fishermen are exhausted bilaterally and through legal
framework of India, we are seeking justice from International
Tribunal of the Law of Seas.

Indian fishermen are getting killed by Srilankan navy over years

without any provocation just because of their ethnicity. These Indian
citizens are neither terrorists nor freedom fighters seeking a homeland
for Tamils. For thousands of years they have been fishing in the Bay

49
of Bengal and Indian Ocean, and not even colonial powers ventured
to kill them. Srilanka which tries to escape its Tamil genocide hiding
behind India, can neither justify its killings of Indian Tamils nor
India can too long hide the skeletons it its cupboards. The time for
humanity to ask India, why you tolerated the killings of your own
citizens for decades had come. If stray violence erupts in Australia
Indian Prime Minister acts fast. If it is Mumbai blasts his government
gathers momentum, but when it comes to periodical killings of Indian
citizens by Srilanka, India freezes into slumber, and this prejudice
against Tamils should change, civilized democracies in UN must
advice India. Having waited for India to protect the interests of
Indian Tamil fishermen’s fishing rights, we had to knock global
institutions to secure justice and compensation for Indian citizens
from the trigger happy Srilankan Government.

The global efforts led to the Convention of the Law of the Sea which had
been signed and ratified by India on 29th June 1995 and by Srilanka on 19th
July 1994. After this milestone in international law, there arose a necessity to
re-demarcate Indian territorial waters. Dravida Peravai, an Indian political
party launched a campaign among the Members of Indian Parliament on the
necessity to redraw the maritime belt and to retrieve Kachcha Tivu bartered
to Srilanka in 1974. Srilanka had been killing Indian Tamil fishermen for
decades in the Palk Straits. It cannot claim right over Indian Territorial
waters, or in international waters of Palk Straits in Bay of Bengal. As per
International Court of Justice Rep 1951 page 116: “The Anglo-Norwegian
Fisheries case, Court observed that the states are not completely free in
respect of delimitation of territorial waters with regards to other states .The
delimitation of Sea areas has always been an international aspect, it cannot
merely be dependent on the will of the coastal state as expected in its
municipal laws.

Although it is true that the act of delimitation is necessarily a unilateral act

because only the coastal state is competent to undertake it, the validity of
the delimitation with regards to other states depends upon international law.

The Palk Strait is a strait that lies between the Tamil Nadu state of India and
the island nation of Sri Lanka. It connects the Bay of Bengal to the
northeast with the Gulf of Mannar to the south. The strait is 40 to 85 miles
(64-137 km) wide. The strait is named after Robert Palk, who was a
Governor of Madras Presidency (1755-1763) during the British Raj period.
Srilanka is not free to delimit its territorial waters and it is bound by
international law, as per the judgment in The Anglo Norwegian case in the
International Court of Justice.

50
The question of delimitation of Sea between states with opposite or adjacent
states as prescribed in Article 15 of the Convention on the Law of Sea
states: “where the coasts of two states are opposite or adjacent to each
other, neither of the two states is entitled failing agreement between them to
contrary, to extend its territorial sea beyond the meridian line every point of
which is equidistant from the nearest point of the baselines from which the
breadth of the territorial seas of each of the two states is to be measured.
The above position does not apply, however, where it is necessary by reason
or historic title or other special circumstances to delimit the territorial seas
of the two states in a way which is at variance therewith.’

A] Srilanka had been unilaterally delimiting its territorial waters. The faux
pas committed by India in handing over Indian island of Kachcha Tivu had
created more confusion. Further India has many islands belonging to its
territory in the Gulf of Mannar. The Gulf of Mannar has a chain of 20
islands located between 8 º 48' N, 78 º 9' E and 9 º 14' N, 79 º 14' E on the
southwest coast of India. All islands in the Gulf of Mannar have fringing
reefs. In addition, there is a 8 km long reef in the Palk Bay adjacent to the
Gulf of Mannar, as well as patching coral formation in the passage (Adam's
Bridge) between India and Sri Lanka.The Gulf of Mannar is particularly
important for Green turtle and sea cow population, both of which depend
on the large sea grass beds particularly around Musal, Appa and
Balayamunai islands. Olive Ridley turtle is also occasionally found in this
area. The pro-chordate Balanoglossus is found in the northern reefs.
Mangroves are found on all islands and are particularly extensive in the
Mandapam group. Most of the islands have no freshwater and are therefore
uninhabited.

The most productive chank and pearl oyster beds in India are found near
Tuticorin and Kilakarai. The Windowpane oyster Placuna placenta is also
found in the same area. Large quantities of molluscan shells for the
ornamental trade are collected in this area. Recently, native people of this
area have begun developing tourism also.

The delimitation of Indian territorial waters or Srilankan territorial

waters had not taken into account these islands that belong to India.
Hence we urge the International Tribunal on Law of the Sea to go for
rational delimitation of the territorial waters of both countries. In case
Srilankan state refuses to abide by such delimitation, we urge India to take
the issue before International Court of Justice. The International Court of
Justice on 15th March 2001 in the Case Concerning Maritime Delimitation
and Territorial questions Quatar and Bahrain had cited Article 15 and also
pointed out that it is virtually identical to Article 12 paragraph 1 of the 1958
Convention of the Territorial Sea. The Court said that the contiguous zone

51
is to be regarded as having customary character. It often referred to the
equal-distance/ special circumstances rule. India had forgotten to restrain
Srilanka from its unprovoked killing of hundreds of Indian Tamil
fishermen, in view of the ambiguity over territorial waters.

Kachcha Tivu is 17 kilometers from Indian town of Rameswaram. It comes

under the contiguous zone even if 12 nautical miles is accepted as territorial
waters from the coast. But Kachcha Tivu had been an Indian Territory for
centuries. It was one among the 8 islands belonging to the Tamil Kingdom
of Ramnad. As per the copper plate inscriptions unearthed as archaeological
findings of 1531 it was in the possession of Sethupathy Kings who ruled
Indian state of Ramnad. The Sea between India and Srilanka is even today
known as Sethu Samudram, which means the Seas of Sethupathy kings. This
toponomical evidence also proves it to be Indian Territory. The East India
Company of the Britain had obtained this Kachcha Tivu Island on lease in
1822 from the Sethupathy King. In 1880 one Abdul Kader of Kilakkarai, a
village in Tamilnadu state of India had obtained on lease Kachcha Tivu,
Kuthukaal Tivu, and Mannali tivu from the District Collector of Ramnad,
under Madras Presidency of India. In 1913 The Government of Madras
Presidency had obtained lease of Kachcha Tivu from the King Sethupathy
of the Princely State of Ramnad, and had given fishing rights to fishermen
of Madras Presidency. In 1947 one Mr.Mohammed had taken lease of the
island of Kachcha Tivu which was registered in the Sub-Registrar’s office of
Indian town of Rameswaram [Ref: Reg.No. 278/1948.

After India attained independence the Indian State of Madras by way of

Government Order No: 2093 dated 11.8.1949 declared that Kachcha Tivu
as barren land under Rameswaram revenue village Survey Number: 1250 in
an area of 285 acres and 20 cents. Thus for centuries Kachcha Tivu was
under the Princely state of Ramnad in British India, and under Government
of Madras in Independent India.

Srilanka clandestinely sent it troops to that uninhabited island in 1955, for

training their naval personnel. There was uproar in Indian Parliament. But
Srilanka went on claiming rights over that Indian Territory. In 1974 India
conceded that territory to Srilanka through an agreement which India
claimed will protect the fishing rights of Indian Tamil fishermen and the
right to worship the lone church that was built in 1939. Srilanka
misinterpreted the agreement by saying the Indian Tamil fishermen have
rights only to dry their nets in the island and Indian Tamil citizens have no
right to fishing. Using this misinterpretation, Srilanka till date goes on killing
spree of Indian Tamil fishermen.

52
 Hence we Indian Tamils are urging our Government and the
International Tribunal on the Law of the Sea to redefine our territorial
waters to protect the lives of Indian Tamil citizens of India. Srilanka
in its madness to ethnic cleanse Tamils of its soil indulges in cross
border terrorism to annihilate Indian Tamil fishermen.

We urge the International Tribunal on the Law of Seas to order for:

A] Scrapping the Indo—Srilankan agreement on Kachcha Tivu signed

in 1974.

B] re-demarcating the territorial waters of India, not only taking into

account the landmass of the Southern mainland of India facing Bay of
Bengal but also the baselines of the 20 islands of India in the Palk Strait,
more particularly in the Gulf of Mannar.

C] Defining the equal-distance not from mainland but various points from
these 20 islands.

D] Ensuring the traditional and historical fishing rights of Indian

Tamil fishermen in India’s territorial waters, contiguous areas, and
right to enjoy the freedom of seas in international waters.

E] directing the International Criminal Court of Justice to probe the

thousand killings of Indian fisherman by Srilankan navy, and to
punish the naval authorities and the Srilankan President Mahinda
Rajapakshe for the genocide of Indians who were not demanding
independent nation, but were in India for centuries enjoying the
freedom of seas and pursuing fishing profession in peace.

F] Directing the Srilankan Government to pay damages and

compensation to all lives killed by Srilankan navy since 1974 to 2009.

We pray before the Respected Judges of the Tribunal to deliver Justice to

Indian Tamils.

With Regards
Yours sincerely

N.Nandhivarman
General Secretary Dravida Peravai.

53
 IN THE INTERNATIONAL
CRIMINAL COURT OF JUSTICE
AT HAGUE

N.Nandhivarman
General Secretary
Dravida Peravai
9 Ramaraja Street
Puducherry 605001

To

Mr. Luis Moreno Ocampo

Public Prosecutor
Office of the Public Prosecutor
International Criminal Court of Justice
Post Office Box; 19519
2500 CM The Hague
THE NETHERLANDS

Respected Sir,

Subject: Complaint against Srilankan President Mahinda Rajapakshe on the

genocide, ethnic cleansing and war crimes throwing all canons of
international law to winds.

The petitioner recalls your words at the outset. "I deeply hope that the
horrors humanity has suffered during the 20th century will serve us as a
painful lesson, and that the creation of the International Criminal Court will
help us to prevent those atrocities from being repeated in the future."
[Statement made by Luis Moreno-Ocampo on the occasion of his election as first
Prosecutor of the International Criminal Court by the Assembly of States Parties in New
York on 22 April 2003.]

International Campaign to End Genocide lists out that 1.5 million

Armenians, 3 million Ukrainians, 6 million Jews, 2,50,000 gypsies, 6 million
Slavs,1 million Ibos, 200,000 Guatemalans, 1.7 million Cambodians, 500,000
Indonesians, 200,000 East Timorese , 2,50,000 Burundians, 500,000
Ugandans, 2 million Sudanese, 800,000 Rwandans, 2 million North Koreans
and 10,000 Kosovo's lost their lives under Genocide during last century.

Awareness on Genocide started in 1944, when a Jewish Refugee from

Poland who taught in USA coined the word Genocide in his book “Axis

54
Rule in Occupied Europe”. Tamils of Ceylon, currently known as Srilanka
started to learn the bitter truth about Genocide from 1956.

Dravida Peravai encloses you a book titled Tamil Genocide under Neo-
Nazism, which is a charge sheet against Srilankan Governments wherein
Tamil massacres since 1956 to 2001 are complied by a non-governmental
organization. Though the language used is not so fluent with many spelling
mistakes on the names of persons and places, we have thanked the first ever
effort made, and had attached that report to our complaint made to the
President of the Security Council for the month of May, to the General
Secretary of the United Nations and to the representatives of the Member
Nations of the Security Council. In that letter we have urged the Security
Council to direct our complaint to you urging you to begin the probe into
the issue of Tamil Genocide since 1956 to till date i.e. 2009. The copy is in
the first few pages of the enclosed book. We urge The International
Criminal Court of Justice probe using all arms of the United Nations and
non governmental organizations and to compile all the crimes of genocide
committed by Srilankan governments since independence but with emphasis
of the current Government of Mr.Mahinda Rajapakhse.

Winston Churchill called genocide, a crime without name, before the word
was coined. Now the Srilankan President is pursuing that crime without
witness. The War without witness may be called a war against terrorism by
Srilankan Government, but the day when independent observers and non
governmental organizations and international media gets free access to the
people of Tamil Eelam, you will be getting all the evidences needed to fix
the Srilankan President Mr.Mahinda Rajapakshe for war crimes and crimes
of genocide. Further even after declaring victory in the War, The Executive
President of Srilanka who executed Tamils in thousands and thousands, is
nor stalling access to UN only to destroy the evidences against the crime,
like burning the corpses so that numbers killed could get concealed.
Before we could mail this complaint news from Srilanka once again proves
that President wants Peace too to be without witnesses. Boston Globe
voices concern.

EU must investigate Sri Lanka war crimes - Boston Globe

Tuesday, 19 May 2009

"The government of President Mahinda Rajapaksa has been claiming a

glorious total victory - and denying allegations from doctors on the scene
that tens of thousands of innocent civilians have been the victims of
indiscriminate artillery fire and scorched-earth tactics," said Boston Globe in
Tuesday's editorial, adding "the European Union must follow up on its

55
call for an investigation of war crimes against civilians." The editorial
also said that "the United Nations adopted a resolution in 2005 on the
"responsibility to protect" populations that are not protected by their
own governments. The massive killing and wounding of civilians on
Sri Lanka represents exactly the sort of case that resolution was meant
to address."

Full text of the editorial follows:

Sri Lanka, after the war

ONE OF THE WORLD'S bloodiest conflicts has come to a violent

conclusion in the island nation of Sri Lanka. The government of President
Mahinda Rajapaksa has been claiming a glorious total victory - and denying
allegations from doctors on the scene that tens of thousands of innocent
civilians have been the victims of indiscriminate artillery fire and scorched-
earth tactics.

Rajapaksa must give aid organizations access to hundreds of thousands of

uprooted Tamils in the islands northeast. Overwhelmed doctors in
overcrowded camps are amputating limbs without sufficient drugs and
medical supplies. The people in those camps desperately need medical care,
food, and water. And they should be allowed to return to their homes as
soon as possible.

Once the humanitarian crisis is addressed, the European Union must

follow up on its call for an investigation of war crimes against
civilians. The Rajapaksa government has tried to draw a screen around its
actions, banning independent journalists and international aid groups from
the war zone. But the United Nations adopted a resolution in 2005 on the
"responsibility to protect" populations that are not protected by their own
governments. The massive killing and wounding of civilians on Sri Lanka
represents exactly the sort of case that resolution was meant to address.
Ultimately, the only way for Sri Lanka to avoid another Tamil rebellion is to
grant the Tamils some form of local autonomy in their region. Now that the
Tigers have been crushed, the Sinhalese majority of Sri Lanka has no excuse
for not addressing the legitimate grievances of the Tamil minority.

Srilanka won’t heed Boston Globe or even all nations in our globe. The
purpose in our reproducing the Boston Globe editorial is to urge you to
start investigations into the war crimes in Srilanka.

Lies, deceptions, hallmark of Sri Lanka war- Telegraph

56
Monday, 18 May 2009

"Chinese weapons, intelligence, Sinhala Armed personals and racist Sri

Lankan leaders came together to perform one of the most cruel war that has
cost the lives of many thousands innocents," says Richard Dixon, a
columnist in London's Telegraph. While "Tamils all over the world are
mourning the death of their loved ones back home," and "birds have now
stopped singing in a land called Vanni," Dixon writes, "leaders of Sri Lanka
and some responsible officers in the UN, should be questioned in
international courts in order to find out if they were responsible for the
deaths of innocent Tamils."

Full text of the article follows:

The Real Culprits behind Sri Lankan War

Birds have now stopped singing in a land called Vanni. Sun, moon and the
stars in the sky have hidden their faces. Angel of death flew over the skies of
Vanni and took the lives of more than twenty five thousand innocent Tamil
men, women and children in a single day.

Thousands of wounded are still are crying out for help. They are bleeding to
death on the streets. They have touched neither water nor food for days.
Nobody has come to rescue them. Those who fight for the rights of the
animals and those who preach about Buddha and Mahatma have no
compassion for the dying Tamils. Chinese weapons, Indian intelligence,
Sinhalese Armed personals and racist Sri Lankan leaders came together to
perform one of the most cruel war that has cost the lives of many thousands
innocents. While thousands of innocent children and women are facing
painful and slow death, Sinhalese Buddhist extremists are celebrating victory
with flags and fire crackers in the south of the country. War that was started
with hidden agendas of local and international forces went on for months
not just with the strength of the weapons but with well organized false
propaganda done by the Sri Lankan officials.

This war was orchestrated and staged with lies and deceptions from the
beginning till the end.

Sri Lankan leaders are still vomiting out worms of lies

Rulers of Sri Lanka are continuing to vomit out worms of lies to justify their
atrocities against innocent lives. They started with “War on Terror” but
changed the buzz word to “Humanitarian Operation” in order to deceive
the international community. “War on Terror” was an accepted norm during

57
the Bush era but lost its validity now. Therefore they had changed the name
of the game to “Humanitarian operation”

Why do they lie?

Because they have many hidden agendas behind this dirty war they want to
hide the atrocities that are being committed against innocent civilians. They
themselves know, what they are doing is wrong and not acceptable in a
civilized world. Above everything they want to protect India who is
orchestrating the war in Sri Lanka. Indian intelligent agents and military
experts are working closely with the Sri Lankan forces in the war zone.

How do they manage to lie?

They simply hide the truth. When the truth is hidden what comes out is lie.
Foreign journalists and aid workers are barred from the war zone and IDP
camps. Those who try to enter and report about the war are kicked out of
the country if they are critical of the government. Local journalists are
intimidated, tortured and sometime killed. Telling the truth is considered a
crime in Sri Lanka. Phone lines are tapped. Web sites are blocked. Anybody
who talks against the government is considered as Terrorist or Terrorist
supporter .In the war front, dead bodies of the civilians is burned to ashes
using powerful chemicals. This is to hide the number of innocent civilians
that have perished in the wars Lankan government officials very often
organize staged visits to the IDP camps and force the refugees to lie to the
foreign diplomats.

What did they lie about?

They lied about the objective of the war, weapons used, number of civilian
causalities and military operations. Although they initially claimed that the
objective of the war was to defeat the LTTE, they have in fact killed and
wounded several thousands of innocent Tamil civilians with heavy
weapons. They used chemical weapons and cluster bombs on
innocents, but they continue to deny the usage of such weapons.

Sri Lankan forces have destroyed Schools, hospitals and farm lands
and made the whole place into a graveyard for the Tamils. This is also
regularly denied by the Sri Lankan authorities. This war has claimed
more than fifty thousands lives just within the last few months but the
Sri Lankan government is not going to open their mouth and tell this
truth to the world.

Why didn't the UN intervene?

58
United Nations, who is supposed to be a guardian for the oppressed people
in the world turned out to be a silent spectator of a man made disaster that
has taken the lives of many thousands. There is a conspiracy behind this
whole war game. China was initially blocking every attempt that was
made by UK and France to discuss the Sri Lankan issue in the
Security Council.

What we are witnessing in Sri Lanka is neither “war on terror” nor a

Humanitarian operation. This is simply a racist war against the
Tamils conducted with the help of India and China. You wouldn't
shoot at the passengers and bomb the whole bus, if you had to rescue
the hostages.

Sinhalese extremists are already celebrating and they have also started to
intimidate Tamils in the South of the country. India and China have started
to work on their hidden agendas in Sri Lanka. Tamils all over the world are
mourning the death of their loved ones back home.

What Next?

When the rocket scientists designed highly complex derivatives and greedy
traders traded these new emperors cloths, many investment banks collapsed.
Pension funds lost money. Bankers committed suicide. The whole financial
disaster was caused by greedy and selfish individuals who had short term
hidden agendas. We took action. Greedy bankers and traders were taken to
courts. New rules and regulations are now in place to prevent this
happening again. In the same way, the masters of this war in Sri Lanka
should be brought to justice.

Sinhalese government with racist agendas, China and India with their
strategic interests and UN with corrupt officers are the evil
ingredients of this dirty war that has cost the lives of many thousands
innocent Tamils.

Leaders of Sri Lanka and some responsible officers in the UN should

be questioned in international courts in order to find out if they were
responsible for the deaths of innocent Tamils.

If we didn't, we would end up seeing more of such evil games repeated over
and over again.

Richard Dixon
RichardDixons@googlemail.com

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Our comments:

[We are baffled at the reporter’s charge about India, and being
patriots we are ashamed if such things were happening and we pray
it wont be true, but it is left to International Court of Criminal Justice
either to take cognizance of the views or to probe the matter further.
India should refute these charges and not bury truth, even if some one
had bypassed the Government to engage in such crimes. Since pursuit
of truth and justice for Tamils is our goal, amidst biased propaganda
blitzkrieg of Srilanka, we don’t want to censor The Telegraph, quoted
in above paragraphs. …N.N]

SINHALESE GOVERNMENTS AND TAMIL GENOCIDE

Convention on the Prevention and Punishment of the crime of Genocide

adopted by Resolution 260[ iii] A of the UN General Assembly on 9th
December 1048 is a remarkable milestone and this came into effect on 12 th
January 1951. The Srilankan Government started its first genocide on
5.6.1956. People thought it is just ethnic clash but never at that point Tamils
thought ethnic cleansing had started. We are sending the Charge sheet
against Sinhalese Governments listing out the people who were butchered
to death in the genocidal agenda consistently pursued by almost all Sinhalese
Governments.

The book Journey of Man by Spencer Wells establishes that all men are
from common source. All genes of human beings have common genes and
gene markers. Science had proven beyond an iota of doubt that race is a
myth. But Sinhalese regard Mahavamsam, their sacred book which inculcates
in them wrong notion of racial supremacy. Even the legend on the origin of
Sinhalese race starts with a lion and a human princess, which itself will
shatter the very foundation of the origin of their race, as unscientific fiction.
Yet with the same racial superiority which Adolph Hitler proclaimed to be
an Aryan, who went to annihilate the inferior Jews according to his mindset,
Sinhalese rulers have been indulging in massacres of Tamils from 1956.

Though the world woke up to the horrors of genocide in 1948, the report
on The Genocide Convention: First 50 years [1948-1998] by William
Schabas available in the online library of the US Institute of Peace fails to
mention crimes against Tamils. Tamils are the most peace loving people,
whose leaders have failed to highlight or bring to the notice of the UN all
these years about the Tamil Genocide in Srilanka since 1956.

60
We are now starting to knock the International Criminal Court of
Justice and the Office of the UN Human Rights Commissioner.

The Special Report on first 50 years record with anguish “that in 1994 while
800,000 Tutis died in Rwanda State Department debated whether it was
genocide and the United Nations Security Council withdrew UN Peace
Keeping Force who could have saved hundreds of thousands of lives.” But
in this century Tamils are placed in a better position because all over the
world Tamil Diaspora relentlessly fought to draw the attention of the
civilized world and we are grateful for the President of the United States
Mr.Barrack Obama and Secretary of State Ms.Hillary Rodham Clinton, the
British Prime Minister Gordon Brown and Foreign Secretary Mr.Millind, the
Norway Minster Mr. Eric Solheim and to European Parliament for echoing
the plight of Tamils of Tamil Eelam crushed under the genocidal war
machine of Srilankan President Mr.Mahinda Rajapakshe.

The Special Report on first 50 years points out that on 2 nd September 1998
only International Tribunal for Rwanda issued first conviction for genocide
condemning Rwandan Mayor Jean Paul Akayesu and justice done to Tutis.
Similarly from the theatre of Eelam war obeying the resolution of the UN
Security Council, the freedom fighters expressed willingness to surrender
arms to a neutral country, they announced that their guns will become silent,
they pleaded for ensuring safe passage for 25000 civilians wounded in the
combat zone. But unmindful of the conscience of the humanity and comity
of nations Srilankan President Mr.Mahinda Rajapakshe went ahead in his
war of ethnic cleansing and committed the gravest crime of genocide. We
hope UN and other bodies will belatedly deliver justice to out Tamil
kinsmen. After all wars are essential to test newly invented weaponry and
China with its single minded pursuit to encircle India and to teach India a
lesson for its involvement in Tibet, provided all the arms of mass
destruction and chemical weapons to the blood thirsty war mongers of
Srilanka.

India tells UN that it has complied with Weapons Convention : Chemical

Arms Destroyed says a news in English Daily :Deccan Chronicle of 15 th
May 2009.The news paper says that India has informed the United Nations
that it has destroyed its stockpile of chemical weapons in compliance with
International Chemical Weapons Convention. Though the Government of
India had notified on 26th of March 2009 on the fulfillment of its obligation
to completely destroy its declared chemical weapons stockpile, the news was
broken a day before the counting of votes in recently held Indian elections
were to begin. If the news had broken in March 26th, there would not have
arisen doubts in the minds of Indian Tamils. That is internal matter of India.

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Here the purpose is to urge the Public Prosecutor to find out how come and
wherefrom Srilanka obtained its chemical bombs and weapons?

Let me begin my complaint by quoting UN documents itself

Sri Lanka: UN expert on genocide prevention
Calls for end to conflict

Overcrowding remains a problem at the transit/IDP sites in Vavuniya, Sri

Lanka
15 May 2009 – Secretary-General Ban Ki-moon's Special Adviser on
the prevention of genocide today said that “it is not too late” for Sri
Lanka's Government forces and rebels to end their brutal conflict,
underscoring the toll the clashes are taking on civilians.

“This polarizing conflict is identity-related with ethnicity and religion as

deeply divisive factors,” he said. “It will not end with winners and losers and
it cannot be ended solely through a military victory that may not be
sustainable in the long-run unless legitimate grievances are addressed.”

Mr.Deng underscored that women and girls are particularly vulnerable to

“excesses of conflict,” stressing that the Government is legally
obligated to give them special protection. He called on
authorities to allow the UN and other agencies “full and
unfettered access to all civilians and detainees.”

Mr.Kälin also expressed his concern over the dire living conditions in
camps for internally displaced persons (IDPs) who escaped the conflict,
with the influx of an additional 110,000 people during the last 10 days of
April posing further challenges for the Government and its humanitarian
partners. “Ensuring adequate humanitarian assistance to internally displaced
persons is first and foremost a Government responsibility, especially since
the Government decided to intern them in camps, citing
security concerns,” he said, adding that authorities continue
to hold nearly 200,000 IDPs in temporary camps.

The Office for the Coordination of Humanitarian Affairs (OCHA)

today reiterated that the loss of civilian life and the situation of

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those trapped in the conflict zone are unacceptable, deploring
the use of heavy weapons and of civilians as human shields.

The Office of the High Commissioner for Human Rights (OHCHR)

said today that it believes that an independent commission of
inquiry is needed given the conduct of this war and the
number of civilians who have been killed.

Patients, medical staff, aid workers, and other witnesses have provided
Human Rights Watch with information about at least 30 attacks on
permanent and makeshift hospitals in the combat area since December
2008. One of the deadliest took place on May 2, when artillery shells struck
Mullaivaikal hospital in the government-declared "no-fire zone," killing 68
persons and wounding 87.

• HRW: List of attacked hospitals

HRW quoted “several independent sources” as saying that each time a

hospital was established in a new location, the doctors transmitted GPS
coordinates of the facility to the Sri Lankan government to ensure that the
facility would be protected from military attack. Medical staff said that, on
several occasions, attacks occurred on the day after the coordinates had
been transmitted. “Permanent and makeshift hospitals within LTTE-
controlled territory continue to receive hundreds of patients daily. Many
arrive wounded from the fighting, while others are sick due to inadequate
sanitation, and acute shortages of food and clean water,” HRW said.

"Hospitals are supposed to be sanctuaries from shelling, not targets," Adams

said." Repeated Sri Lankan artillery attacks striking known hospitals is
evidence of war crimes," he added. "The government cannot hide behind
LTTE atrocities to justify their own unlawful acts.”HRW has criticized both
the Sri Lankan armed forces and the Liberation Tigers of Tamil Eelam
(LTTE) for numerous violations of the laws of war during the recent
fighting.

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UN experts demand international scrutiny in Sri Lanka

Four UN Human Rights Council experts on right to health, food, water, and
sanitation, in a statement said that "there is good reason to believe that
thousands of civilians have been killed in the past three months alone, and
yet the Sri Lankan Government has yet to account for the casualties, or to
provide access to the war zone for journalists and humanitarian monitors of
any type," and that "shipments of food and medicine to the "no fire zone"
have been grossly insufficient over the past month and the Government has
reportedly delayed or denied timely shipment of life saving medicines as well
as to chlorine tablets," and urged the U.N. to establish a commission to
address the critical human rights situation, and demand full respect to
human rights.
Philip Alston, Professor of Law and Faculty Director of the Center for
Human Rights and Global Justice at New York University School of Law,
appointed Special Rapporteur in 2004 by the United Nations Commission
on Human Rights, Mr. Anand Grover, appointed Special Rapporteur in
2008 by the United Nations Human Rights Council, Mr. Olivier De Schutter
was appointed Special Rapporteur in 2008, and Ms. Catarina de
Albuquerque began her work as Independent Expert on the issue of human
rights obligations related to access to safe drinking water and sanitation in
November 2008, signed the statement. Full text of the statement follows:
current humanitarian crisis in Sri Lanka gives cause for deep concern, not
only in terms of the number of civilians who have been and continue to be
killed, but because of a dramatic lack of transparency and accountability.
"There is good reason to believe that thousands of civilians have been killed
in the past three months alone, and yet the Sri Lankan Government has yet
to account for the casualties, or to provide access to the war zone for
journalists and humanitarian monitors of any type", said Philip Alston, the
UN expert on summary executions. The continuing catastrophic situation of
civilians in Sri Lanka trapped in the midst of fighting between the Sri
Lankan army and the LTTE, in an area measuring less than 10 sq km, must
be immediately addressed. "These civilians do not have sufficient access to
food, essential medical supplies or services and safe water and sanitation.
Even if they do escape death or injury at the hands of the hostile parties,
their continued presence in this area without access to these basic rights is
an effective death sentence," declared the Experts of the UN Human Rights
Council. "The safety of civilians, including their safe passage out of the
conflict zone, must be prioritized by all actors involved" said the Experts.
While many thousands of civilians have now left this area, the Experts
maintained their concern about the safety of more than 50,000 estimated by
the UN to still remain. Shipments of food and medicine to the "no fire
zone" have been grossly insufficient over the past month and the

64
Government has reportedly delayed or denied timely shipment of life saving
medicines as well as to chlorine tablets. "As a result of the blackout on
independent information sources, it is impossible to verify any of the
Government's claims as to the number of casualties to date or as to the
steps that it says it is taking in order to minimize the further killing of
innocent civilians, and ensure delivery of humanitarian assistance", said the
Experts. "When people manage to escape, they reportedly continue to face
scant supplies, entirely insufficient access to adequate medical treatment and
severely overcrowded hospitals, providing no relief to the horrors they had
been living," remarked Anand Grover, the UN expert on the right to health.
"Access to food has also been hampered by arduous and lengthy registration
procedures for the internally displaced persons; the desperation and chaos
witnessed in some cases show that the situation is critical," said Olivier De
Schutter, the UN expert on the right to food. Catarina de Albuquerque, the
UN expert on water and sanitation, also expressed concern about "water
shortages reported at Omanthai and at most of the transit sites as well as
inadequate sanitation facilities, which put the health and lives of the
population at further risk." The Government must take urgent measures
with the assistance of the international community to ensure that security
concerns do not result in unjustifiable suffering. The Experts called upon
the Sri Lankan Government to provide convincing evidence to the
international community that it is respecting its obligations under human
rights and international humanitarian law. It is also clear that the LTTE, for
its part, has acted in flagrant violation of the applicable norms by preventing
civilians from leaving the conflict area and having reportedly shot and killed
those trying to flee. "There is an urgent need to establish an international
commission of inquiry to document the events of recent months and to
monitor ongoing developments." The Experts called upon the UN Human
Rights Council to establish such a commission, as a matter of urgency, to
address the critical situation in Sri Lanka, and demand full respect for all
human rights. Any such inquiry should study the conduct of all sides to the
conflict.

Sri Lanka in "interminable and intractable crisis"- UN

Even before the genocidal war was started by Government of Srilanka at

the behest of President Mahinda Rajapakshe i.e. on Monday, 23 October
2006, Prof. Philip Alston, United Nation's Special Rapporteur on
extrajudicial, summary or arbitrary executions, speaking to the United
Nations General Assembly, Third Committee, 20 October 2006, said that
the "dramatic attacks in recent days and spiraling number of extrajudicial
executions" indicate that "Sri Lanka is not so much on the brink of a new
crisis but, instead, only in the midst of an interminable and intractable crisis
that has already exhausted its fair share of international attention," and

65
called upon the United Nations Secretariat to "establish a full-fledged
international human rights monitoring mission in Sri Lanka."

• Prof. Alston's address to UN Assembly

• Prof. Alston's Report on Extra-judicial killings

"Widespread violence during a faltering ceasefire is

not the same as an all-out civil war that costs tens
of thousands of lives. Real progress has been made
over the past four years, and nothing that has
happened in these past few months has made
achieving a sustainable peace founded on respect
for human rights impossible. But there is little
reason to think that the opportunity will be available for much longer," Prof.
Alston warned.
He said although the "issue was placed squarely before the Human Rights
Council last month but the signals are that any action the Council might take
in November will do very little to make a difference as this tragic situation
swells and threatens to reach bursting point." The following challenges
should be immediately addressed, Prof. Alston told the UN assembly:

• To acknowledge the need for significantly more sustained and high-

level international involvement
• To accept the fact that there is no national institution capable of
monitoring human rights throughout Sri Lanka, and To establish an
effective international human rights monitoring presence.

In the report Prof Alston presented, he said: "The Sri Lanka Government
should not, however, interpret the widespread proscription of LTTE as a
terrorist organization as an endorsement of its own record. Neither its past
nor its present conduct would justify great faith in its ability to respect
equally the rights of all citizens. Indeed, it is an enduring scandal that
there have been virtually no convictions of government officials for
killing Tamils, and many Tamils doubt that the rule of law will
protect their lives." The warning from Prof.Alston comes in the wake
of assurances given by Sri Lanka's President "of his intention to invite
an international commission to inquire into recent killings,
disappearances and abductions in Sri Lanka."

Human Rights bodies have raised serious doubts of the bona fides of
Sri Lanka Government's intentions to set up an independent Rights
body with international participation.

66
"Unless the government has announced something new, they have been
calling for a Local Commission of Inquiry (COI) with international
observers. However that is different from a human rights monitoring
mission," Senior Legal Advisor, Human Rights Watch, New York,
James Ross told The Sunday Leader." Just having international
observers is insufficient as international monitors need to play a more
direct role to ensure that the commission is independent and
impartial and would report its findings publicly," Ross said, Sunday
Leader reported.The New York based Human Rights Watch (HRW) sent a
fact-finding mission to Sri Lanka has also denied government claims that
they had decided to send observers to the local commission, the paper
further said. According to Ross, HRW has not held any discussions with the
government on the establishment of the Commission of Inquiry nor had the
terms of reference for such a commission been discussed. The government
had earlier in the month said that a eight member local commission headed
by a Supreme Court judge with international representatives as observers
would be set up in order to investigate human rights violations, the Leader
reported.

British Parliamentarians call for UK to rein in Sri Lanka

Wednesday, 12 March 2008

A group of Parliamentarians from all of Britain’s main political parties

condemned the assassination last week of Tamil National Alliance
(TNA) MP K Sivanesan and, lamenting the recent exit of the
international panel overseeing rights abuses probes in Sri Lanka,
called on the UK government to take all possible steps to ensure that
Government of Sri Lanka plays by accepted international rules.

The British All Party Parliamentary Group (APPG) for Tamils

expressed its serious concern at the decision of the International
Independent Group of Eminent Persons (IIGEP) - headed by former
Indian Chief Justice P N Bhagwati to terminate its operations in Sri
Lanka. “Violence in Sri Lanka remains terribly and unacceptably
high.

The British APPG for Tamils deplores all killings and assassinations
including the assassination of K. Sivanesan, a democratically elected
member of the Sri Lankan parliament,” the MPs, said. “The decision
by the IIGEP to terminate operations raises serious questions about
the claims made by the Government of Sri Lanka that it is taking all
efforts to uphold human rights. “It is extremely worrying that a
reputable body such as the IIGEP has now concluded that there is no

67
further use for it in probing the abductions, disappearances and extra-
judicial killings which the Group was invited to investigate in
September 2006” The APPG welcomed comments by British Foreign
Minister Lord Malloch-Brown at the UN Human Rights Council in which
he criticized the Sri Lankan government of President Mahinda Rajapakse.
“We will now be asking the British Foreign Secretary to consider what other
action is available to the British government and to take all possible steps to
ensure that Government of Sri Lanka plays by accepted international rules,”
the APPG said.

“A political solution to the continuing conflict in Sri Lanka is as vital now as

ever. There must be an end to the spiral of violence if the seventh decade of
an independent Sri Lanka is to be one of justice, peace and prosperity.” The
APPG for Tamils includes Parliamentarians from the ruling Labour party
and the main opposition parties, the Conservatives and Liberal Democrats,
as well as the Scottish National Party.

SRILANKAN GOVERNMENT LACKS WILL

TO BRING JUSTICE– IIGEP

08 March 2008
A lack of will on the part of the Government of Sri Lanka was one factor in
the International Independent Group of Eminent Persons (IIGEP)
terminating its operations in Sri Lanka, Prof. Sir. Nigel Rodley, representing
Britain in the International Independent Group of Eminent Persons
(IIGEP), told BBC Tamil service in an interview.
Sir Nigel Rodley (Photo: BBC)

“It was I think a lack of will ... they certainly didn’t

have the money in order to have full servicing from the
private bar,” Sir Nigel Rodley said on being asked by the
BBC Tamil service correspondent whether it was
administrative problems or the lack of determination to
maintain law and justice, or disinterest on the part of
GoSL which ended in the termination of the
operations of IIGEP in Sri Lanka.

"We felt that there were shortcomings in the structure of the Commission
of Inquiry and the duty of IIGEP was to find what was wrong in the
investigations of Commission and the reason for the perpetrators of the
crimes involved escaping the arms of the law.” The Attorney General’s
presence in the Commission and the participation of his office in the

68
commission was a factor that reduced the credibility of commission," Sir
Nigel Rodley said in his interview."Sri Lanka was accused yesterday of
widespread abductions in its counter-insurgency operations against
the Tamil Tigers, making the country one of the worst in the world for
'disappearances,'" said The Guardian, a British daily, in its Friday
edition.

"The Presidential Commission was so obviously an eye-wash and the

IIGEP was only called upon to give respectability to a very deliberate
design to subvert the process of law for which purpose alone this
Commission was appointed," said Asian Human Rights Commission
(AHRC), a Hong Kong-based Rights watchdog, in a press release issued
Friday.
Meanwhile, Dr. Manohar, the father of Rajivar, one of the five university
students killed in Trincomalee in January 2006, told BBC Tamil service
Thursday,

“Sri Lanka Government realized the danger of being exposed if

IIGEP continued to monitor the Commission of Inquiry (CoI)
investigating into the killings and was worried of the repercussions on
the IIGEP's move to take the issue to levels of international
standards.” “Now that I am out of Sri Lanka I am no longer afraid to
state that it was the Sri Lanka Army (SLA) troops who killed my son,”
Dr. Manohar added.“The IIGEP monitored the investigation of the
Commission of Inquiry and was moving it to international standards which
were something the Government of Srilanka could not put up with and that
is why it applied pressure on the IIGET forcing it to terminate its service,”
Dr. Manohar said. GoSL says that it is unable to continue investigations
because witnesses do not turn up at the trials, the BBC correspondent told
Dr. Manohar and sought his response in the interview. “No one will come
forward to bear witness because whoever who dared to so had been killed,”
Dr. Mahohar replied. “It was very dangerous to speak the truth and I admit
that I too was scared to bear witness that it was the SLA troops who killed
my son and other four youths in Trincomalee,” he said. “Two of the
students in the group, seriously injured in the grenade attack which killed the
others, had testified in the inquest into deaths that it was the SLA troops
that killed their five colleagues. ”“Even though the two are now in countries
away from Sri Lanka they will not come forward to bear witness because of
the danger to the lives of their parents and siblings who still are in Sri
Lanka,” Dr. Manohar told.

“There have been many commissions of inquiry appointed to investigate

into the human rights violation in Sri Lanka but none of them had been of
any use because Sri Lanka government will do what it wants,” he told BBC.

69
The only way to find justice is to take these cases of gross human rights
violations to the International Courts of Justice and international agencies
like UN should intervene to offer direction and help to Sri Lanka and the
commissions to bring justice to the Tamils in Sri Lanka

The International Independent Group of Eminent Persons (IIGEP), headed

by P N Bhagwati, former Indian Chief Justice, decided to terminate its
operations in Sri Lanka, according to a statement issued by the IIGEP on
Thursday. "The IIGEP is of the opinion that there has not been the
minimum level of trust necessary for the success of the work of the
commission and the IIGEP," an AFP report has quoted a statement by the
IIGEP. Trincomalee residents were shocked and angered over the killing of
five old students of Trincomalee Sri Koneswara Hindu College in a grenade
attack alleged by Sri Lanka Army (SLA) soldiers on 2 January at about 7.50
p.m. Two old students, one from Sri Koneswara Hindu College and another
from St.Joseph’s College in Trincomalee were warded in the intensive care
unit (ICU) of the Trincomalee general hospital. All the dead and injured
were identified as Tamils and below the age of 20 years. Two of the dead
students have gained university admission for the current academic year,
police sources said.

IIGEP faults Commission of lacking Independence, Timeliness

Monday, 11 June 2007, International Independent Group of Eminent

Persons (IIGEP), in a report released to the President of Sri Lanka on 1st
June on the President’s Commission of Inquiry to Investigate and Inquire
into Alleged Serious Violations of Human Rights, said: "We have
identified and raised a number of concerns with the Commission and
the Government of Sri Lanka. We remain concerned that current
measures taken by the Government of Sri Lanka and the Commission
to address issues such as the independence of the Commission,
timeliness and witness protection are not adequate and do not satisfy
international norms and standards."
Justice P.N. Bhagwati
On the issue on independence, the IIGEP Report and SL Govt.
report signed by P N Bhagwati Response
Chairman, IIGEP, said" "The
Attorney General’s Department is the Chief Legal
Adviser to the Government of Sri Lanka. Members of
the Attorney General’s Department have been involved
in the original investigations into those cases subject to
further investigation by the Commission itself. As such,
members of the Attorney General’s Department may

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find that they are investigating themselves. Furthermore, it is possible
that they be called as material witnesses before the Commission. We
consider these to be serious conflicts of interest, which lack
transparency and compromise national and international standards of
independence and impartiality that are central to the credibility and
public confidence of the Commission. "The IIGEP accused the
Commission of not executing the expected investigations in a timely
manner.” We are concerned that the Commission did not commence even
preliminary investigations and inquiries until May 2007, despite being
constituted six months earlier in November 2006. To date, internal
processes have not been transparent; no detailed work plan has been
announced; essential staff have not yet been fully recruited; investigative and
witness protection units are not functioning; and significantly, evidence
already known to be in the possession of Governmental bodies relating to
the cases has not been gathered and transmitted to us. Such unnecessary
delays undermine public confidence in the ability of the Commission to
carry out its mandate in a timely manner," the report said. The report also
criticized the CoI for not enacting appropriate "legislation that accords with
international norms and standards" to protect victims and witnesses.

"The public statements from State officials are creating the misleading
impression that the Commission and IIGEP have wide mandates and
powers and the resources to address ongoing alleged human rights
violations in Sri Lanka. This is not the case. In the current context, in
particular, the apparent renewed systematic practice of enforced
disappearance and the killings of Red Cross workers, it is critical that the
Commission and IIGEP not be portrayed as a substitute for robust,
effective measures including national and international human rights
monitoring," the report said. According to an announcement made on 6
September 2006, Sri Lanka's President invited an International Independent
Group of Eminent Persons (IIGEP) to act as observers of the activities of
the Commission [consisting of Sri Lanka nationals] which was mandated to
investigate alleged abductions, disappearances and extra judicial killings.

COMMISSION OF INQUIRY-

Amnesty INTERNATIONAL EXPOSES

November 2006, Amnesty International said that the

Commission of Inquiries consisting of 8 Sri Lankan
nationals, and the International Independent Group of
eminent Persons (IIGEP) of foreign nationals to act as observers, as
announced by Sri Lanka's President, lack "credibility and confidence
of parties to the conflict and sections of the society to be able to

71
conduct meaningful investigations, obtain critical testimony or
information from witnesses and gain the acceptance of its
recommendations by all relevant parties," in a report issued 17
November, and declined to nominate an AI member to stand as
candidate to IIGEP.
Contrary to Mr. Rajapakse's AI's observations on CoI,
announcement on 4 September 2006 that IIEGP
Sri Lanka government would "invite an
international independent commission to probe abductions, disappearances
and extra-judicial killings," Mr. Rajapakse on 6 September 2006, instead
announced that "he would invite an International Independent Group of
Eminent Persons (IIGEP) to act as observers of the activities of the
Commission consisting of Sri Lanka nationals] which will investigate alleged
abductions, disappearances and extra judicial killings," Amnesty said. "In
light of decades of impunity for perpetrators of violations of
international human rights and humanitarian law in Sri Lanka,
characterized by the failure of the authorities to investigate and
prosecute such perpetrators effectively, only an international and
independent Commission would have the credibility and confidence
of all parties to the conflict and sections of society," Amnesty added.
Amnesty expressed serious concerns on the functioning of the CoI
established under the Commissions of Inquiry Act No. 17 of 1948. The
Act grants the President the power to:

• set the terms of reference of the Commission of Inquiry and appoint

all its members (sec.2);
• add new members at his/her discretion (sec. 3); revoke the warrant
establishing the Commission at any time (sec. 4); and
• Appoint the Commission’s secretary (sec. 19) without needing to
consult the Commission or its chairperson.

Amnesty said. The Amnesty said further that "The decision as to whether
the inquiry – "or any part thereof" is to be public also rests solely with the
President (sec. 2(2) (d)). In addition, there are no provisions in the Act
requiring that the reports or recommendations of the Commission are made
public.

"Amnesty International is concerned that these and other provisions, which

grant the President a wide discretion, may undermine the independence and
impartiality of the COI, as well as the Commission’s ability to inspire public
confidence and interact freely with the public. Accordingly these factors may
undermine the willingness of the public to engage with the COI and to
come forward with evidence, the report said. Amnesty called on Sri Lanka's

72
President to add independent, impartial and competent international experts
to the proposed COL and to ensure that the COI’s work is developed in
consultation with a representative profile of civil society, including NGOs.

Dravida Peravai had taken pains to quote very few Reports from
various sources spanning over past few years to drive home to the
Office of the Public Prosecutor that we Indian Tamils are urging your
probe not as an act of vendetta against the victor Srilankan President
Mahinda Rajapakshe in the war against Tamils.

We in fact are producing evidences beyond his term and even before
his arrival in the scene, to emphasize that all Sinhalese Governments
more or less were adopting the same policy to ethnic cleanse, and the
charges against current Government is but a continuation of those
charges, which in overall context must be probed in totality.

BACKGROUND:

"At the end of July 1983, Sri Lanka witnessed its worst outburst of ethnic violence since
independence, causing severe loss of life and property to the Tamil minority..... A (Sri
Lanka) government spokesman has denied that the destruction and killing of Tamils
amounted to genocide. Under the Convention on the Prevention and Punishment of the
Crime of Genocide, acts of murder committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group as such are considered as acts of genocide. The
evidence points clearly to the conclusion that the violence of the Sinhalese rioters on the
Tamils amounted to acts of genocide." - The International Commission of
Jurists Review, December 1983

" ..The present conflict has transcended the special consideration of minority rights and has
reached the point where the basic human rights of the Tamil community - the rights to life
and property, freedom of speech and self expression and freedom from arbitrary arrest have
in fact and in law been subject to gross and continued violations. Tamils of Sri
Lanka: Minority Rights Group Report, September 1983

"The ethnic violence which erupted in Sri Lanka in July 1983 brought untold misery to
the Tamils. They were beaten, hacked and burnt to death in a frenzy of racial hatred.
Their houses and businesses were selectively looted and destroyed. The Sri Lankan
government had admitted that the violence was pre planned and well organized and that
even sections of the security forces joined in the attack against the Tamils. . . Yet to date

73
no impartial inquiry into these violent attacks has taken place. Amnesty International
(AI) recently reported a number of cases of extrajudicial killings and secret disposal of
bodies without inquest or post mortem. The Amnesty International and the International
Commission of Jurists (ICJ) have also reported on a number of cases of torture and death
in custody of persons detained incommunicado for period up to 18 months under the Sri
Lankan Prevention of Terrorism Act.' No legislation conferring remotely comparable
powers is in force in any other free democracy... such a provision is an ugly blot on the
statute book of any civilized country'(International Commission of
Jurists).

[David Alton MP, Paddy Ashdown MP, Norman Atkinson MP, Tony Banks
MP, Prof John Barret, Kevin Barron MP, Alan Beith MP, Tony Benn MP,
Gerry Birmingham M.P., Prof Tom Bottomore, Sydney Bidwell MP,
Malcolm Bruce MP, Dale Campbell-Savors MP, Dennis Canavan MP, Alex
Carlile MP, Tom Clarke MP, Bob Clay MP, Anne Clwyd MP, Harry Cohan
MP, Jeremy Corbyn MP, Ron Davis MP, Eric Deakins MP, Alf Dubs MP,
Professor Michael Dummet, Derek Fatchett MP, Mark Fisher MP, Martin
Flanrcery MP, Roy Hattersley MP, MichaelFoot MP, Simon W.H.
HughesMP, Lord Jenkins, RusselJohnston MP, Sir David Lane" Robert
Kilroy Silk MP, Archy Kirkwood MP, Ted Knight, Terry Lewis MP, Bob
Lither land MP, Ken Livingstone,
TonyLloydMP,EddieLoydenMP,MaxMaddenMP,JoanMaynardMP, Willie
McKelvy MP, Bill Michael MP, Dr.Paul Noone, Bob Parry MP, Alan
Roberts MP, Ernie Roberts MP, Allan Rogers MP, Aubrey Rose, Ernie Ross
MP, Steven Ross MP, Clare Short MP, Dennis Skinner MP, Prof Peter
Townsend, Jim Wallace MP, Gareth Wardell MP, Dafydd Wigley MP , The
Guardian, 28 July 1984]

Srilanka is tying to kill or terrorize as many Tamils as possible

accuses Margaret Trawick, Professor of Social Anthropology, Massey
University Palmerton North, New Zealand 28 April 1996

."I have been reading reports about the SLA's northward march with mounting despair.
At first, the reports coming from the SL military and from the LTTE appeared
diametrically opposed. The military said that displaced Tamils were returning north to
their homes voluntarily; the LTTE said they were fleeing across the lagoon to the
mainland. The military reported that there were bodies laying around that the LTTE
hadn't picked up, and the Tigers were chastised for being so disrespectful of their own
dead. The LTTE responded with a brief silence. Then the reports began to converge. The
LTTE also reported that there were bodies lying around that, indeed, it had not had the
capacity to bury properly. Not only LTTE bodies, but civilian bodies. Now according to
the Reuters report, the military says it has captured the key lagoon crossing, "to halt the
flow of hundreds of Tamil civilians fleeing the peninsula."

74
The Defense Ministry appears to admit that the people traveling north were
trapped and forced in that direction by the advancing army. The LTTE has
reported that fleeing Tamil civilians have been subject to strafing and
shelling by the army; military officials say that "hundreds of Tamil civilians
are risking being shot at" to flee to safety across the lagoon. One may well
ask these military officials who exactly is shooting at these fleeing civilians.
Meanwhile those who travel north into the Valigamam area are, according to
the military, "screened to ensure there is no LTTE infiltration," while the
LTTE reports that all young Tamil men and women entering Valigamam are
being arrested and being taken in for questioning, which is the only thing (in
this context, and in my view) that "screening" could mean.

No journalists or outside reporters or observers of any kind are allowed into

the north. No aid of any kind is allowed into areas that are not "controlled
by the military." Such areas are being shelled as enemy territory... I have
been struggling in my mind against the conclusion that the SL government
is trying to kill or terrorize as many Tamil people as possible; that the
government is trying to keep the conditions of the war unreported
internationally, because if those conditions were reported, the actions of the
military would be perceived as so deplorable that foreign nations would
have no choice but to condemn them. And this would be embarrassing to
everybody. But it seems now that no other conclusion is possible...

Sri Lanka's Reprisal Killings of Tamil non combatants

The bullet-ridden bodies of Sivarasa Krishna and Palanivel Gunasingham

were found at Selvanayagapuram in Trincomalee on-29 May. The two Tamil
youths had been abducted in a white van the previous night from
Anbuvalipuram. White vans are associated with military death squads and a
number of people abducted have disappeared. Tamil MP M Chandrakumar
says in a letter to President Chandrika that white vans are creating
widespread fear and has called for immediate inquiry. Observers say
abductions are the Army's response to Tiger attacks. - Sri Lanka
Monitor, published by British Refugee Council, May 1996

"Police (mostly STF officers) and army personnel committed extrajudicial killings in both
Jaffna and the Eastern Province... In February 1996 army troops murdered 24 Tamil
villagers, including 2 children less than 12 years of age, in the eastern village of
Kumarapuram. ... In some cases these extrajudicial killings were reprisals against
civilians for LTTE attacks in which members of the security forces were killed or injured.
Several such reprisals occurred during operations by the STF. In many cases, the security
forces claimed that the victims were members of the LTTE. However, human rights
monitors have determined that these victims were civilians. ... There were also a number of
suspicious deaths attributed to the security forces, mostly involving detainees..." - U.S.

75
Department of State, Sri Lanka Country Report on Human
Rights Practices for 1996, January 1997

"Sri Lankan forces stationed at Elephant Pass have directed artillery shells at the
Kilinochi hospital. The attack is thought to have been the army's retaliation for the fall of
Mullaitivu. The indiscriminate shelling resulted in the deaths of five civilians. Another
sixteen were wounded. Those injured included the head of the Sri Lankan Red Cross
Mr.Vinayagamoorthy. Many who had lost their limbs in the attack have been dispatched
to the hospital at Vavunya. Also in retaliation for the fall of Mullativu Sri Lankan
soldiers stationed at the Thandikulam barrier fired on Tamil civilians who were waiting
to cross the barrier. Mortar shells and bullets were directed towards the people by the
army." - Tamil Monitor, 29 July 1996

All branches of the security forces as well as Muslim and Sinhalese home guards and
armed cadres of Tamil groups opposed to the LTTE were cited by survivors and witnesses
as responsible for human rights violations, including extrajudicial executions,
"disappearances", torture and arbitrary arrest and detention. Some of the violations
apparently took place in reprisal for attacks by the LTTE... - Amnesty
International Report, September 1996

Trial by Fire:

National Geographic Explorer Programme on Sri Lanka, broadcast

on TBS on 2 December 1996 Patricia Lawrence, Anthropological
Consultant for the Film, Anthropolgy Department, Colorado
University.

The film examines a Tamil family's response to the government's practices

of arrest and imprisonment under emergency law in the eastern District of
Batticaloa. The story unfolds through the voice of a young Tamil mother
whose husband has "disappeared" and whose brother has been transferred
from a local detention center to Kalutara prison in the south.

In connection with this program I might mention that I have received "hate
mail" from Sinhalese viewers, telephone calls from the State Dept, and a
wheel chair for a Tamil father who had both hips broken during
interrogation-he was held for three years in a number of prisons and as his
fractured hips were never treated he suffers a permanently frozen pelvic
girdle. There should be a fund for Tamil people who suffer permanent
physical injuries as a result of torture. I would like to congratulate National
Geographic for the recent airing of "Trial by Fire," a documentary which
presents a profile of one young Tamil mother `s struggle in eastern Sri
Lanka, a region cordoned-off from the rest of the island by government
military forces since 1990. Her husband is listed among the tens of

76
thousands of Tamil people who have "disappeared" in this Tamil-speaking
region. Her brother was arrested, interrogated and imprisoned without
charge under the government's emergency regulations. She is urgently in
need of employment. The circumstances of her life are not atypical in
eastern Sri Lanka, where Tamil families have suffered 14 years of civil war.
National Geographic's documentary has provoked official protest from the
Sri Lankan embassy and a flood of messages from Sri Lankan Tamil people
living in the United States and Canada who expressed gratitude for media
acknowledgment of the human impact of the protracted war-even though,
as National Geographic has stated, "much of the political content was
virtually eliminated."

The transmission of "Trial by Fire" coincides with the US State

Department's approval of the sale of lethal weaponry to the
government of Sri Lanka-even in a historical moment when human
rights conditions are deteriorating on the island.

The idea of endeavoring to send a film crew into eastern Sri Lanka arose at
the 1995 American Anthropological Association meetings in Washington
D.C., where a BBC -Granada film director listened to my presentation of
ethnographic material about survivors of torture and families of the
"disappeared" in Batticaloa District. When I agreed to work as
anthropological consultant for the film project, I was frank about ethical-
political problems and my doubts that we could overcome government
censorship on life inside the Tamil-speaking areas. Yet we succeeded in
carrying out the film project in Batticaloa District, under the shadow of daily
government intelligence and counter-subversive unit scrutiny, and
difficulties of movement under the de facto military regime in the eastern
coastal plain. The greatest obstacle, however, was finding people who could
speak on camera in a population so vulnerable to human rights atrocities.
The segments of film aired in "Trial by Fire" depended largely upon the
collaborative effort of five women. We encouraged one another and worked
together in the face of uncertainty about the consequences of our acts. Brian
Moser of the "Disappearing Worlds" series directed the film crew.

The larger film project produced more than 30 times the footage
transmitted in the National Geographic show. This footage serves as
material for several documentary films. An hour-long BBC documentary
to be aired early next year in the UK incorporates local Tamil people's
narratives on the recent history of retaliation killings and mass
extrajudicial executions, indiscriminate shelling, and intense social
suffering of Tamil people...

77
Control over editing, scripts and voice-over was not granted to me as
anthropological consultant, following the usual policy. Some important film
segments pertinent to this story were deleted in the editing process. For
example, narratives on the prisoner's experience of torture were cut as were
discussions between the prisoner's sister, wife and the human rights lawyer
which reveal how abduction, ill treatment, forced confession,
incommunicado detention and long-term detention without charge is
facilitated by emergency law and the Prevention of Terrorism act in Sri
Lanka. As an ethnographer, I wished to hear the original words of the
speakers - for the voices of ordinary Tamil people are hardest to hear
outside the war zone. The use of voice-over instead of subtitles contributes
to distortion and misrepresentation. I regretted the editors' selection of
titillating film segments of "exoticized" local religious practices. It is
interesting, however, that the written responses of Sri Lankan Tamil viewers
lack criticism of the exoticization of Tamil "otherness" portrayed in scenes
of the resurgence of local Amman temple ritual. The overwhelming concern
expressed by Tamil viewers was that in spite of rigid censorship a message
about the desperate plight of Tamil people who endure and bear violent
repression succeeded in reaching an international audience. Emergency
powers have been used by successive governments in Sri Lanka to close
newspapers, to prevent camera equipment and journalists from entering
areas of active conflict, enable government security forces to destroy
evidence of possible extrajudicial executions, and to prohibit distribution of
academic writing and information about human rights violations. For more
than 26 of the past 42 years Sri Lanka has been ruled under a declared state
of emergency. From the perspective of many local families with whom I
have lived in the eastern war zone between 1991 and 1996, this is a historical
moment when there is no room for dissent. These families live in an
uncertain world where the rule is to "keep quiet" (maunamaka irukkavum;
amaityaka irukkavum) about broken connections in the closest circle of
human relationships.

The question I am left with is how can we, as South Asian scholars, follow
in the footsteps of this film project and contribute more effective responses
to political silencing of severe human rights crises?

Tamil Civilians disappearing says TULF MP

A Tamil MP has alleged that about 300 persons disappeared" during the last
three months while in Army custody in the Government-controlled Jaffna
peninsula. Mr. Joseph Pararajasingham, TULF MP, said in a letter to the
President, Ms. Chandrika Kumaratunga: "Disappearances while in Army
custody are increasing day by day in the Army-controlled peninsula. I am
reliably informed that during the last three months about 300

78
disappearances while in Army custody are reported to have taken place in
Jaffna."

Mr. Joseph stated in his November 21 letter that six decayed bodies of
Tamil civilians had been found on November 18 in the Tenamarachchi
portion of the peninsula. "These are civilians arrested by the Army in the
first week of October 1996 and when the relatives inquired from the Army
authorities immediately after their arrest they were informed that none of
them was taken into custody by the Army. The bodies of these unfortunate
civilians found in a decomposed state were discovered by the local residents
of the area," Mr. Joseph alleged in his letter. According to the MP, four of
the six bodies had been identified as Ponnu Alagaretnam (33), Kandiah
Thiyagarajah (44), Kandiah Kulendrarajah and Thamu Manickam (43).
While the first three named were residents of Eluthumadduval, Manickam
hailed from Mirusuvil. Mr. Joseph, who has given a list of 24 "disappeared"
persons, said unless immediate action was taken against the offenders such
cases would bring "discredit to the Government". Mr. Joseph called upon
the President to appoint a commission of inquiry into the disappearances
from August 1996 in Jaffna and a judicial inquiry into the killing of the six
civilians in Tenamarachchi. [- Hindu Report from Amit Baruah, 23
November 1996]

[Mr.Joseph Pararajasingam and

Nandhivarman in New Delhi 1997]
Article URL: http://www.tamilcanadian.com/page.php?id=503

BACKGROUND INFORMATION

Since the security forces regained control over the Jaffna peninsula from the
Liberation Tigers of Tamil Eelam (LTTE) in late 1995 - early 1996, there
have been continuing reports of arbitrary arrests and torture, including rape,
and 'disappearances' in custody. In particular the number of’ disappearances'
reported has been of serious concern. Amnesty International has so far
submitted more than 200 cases of people who were seen taken into custody
but whose detention was subsequently denied by the security forces to
President Chandrika Bandaranaike Kumaratunga. It has urged that an
independent and impartial investigation be instituted to establish their fate

79
or whereabouts. Local human rights organizations and Tamil members of
parliament have also repeatedly brought cases of 'disappearances' to the
attention of the President and other authorities.

Article URL: http://www.tamilcanadian.com/page.php?id=505

Human rights agencies say safeguards in the law are being

circumscribed

British Refugee Council Publication: Sri Lanka Monitor

"SUPREME COURT Judge ARB Amarasinghe says in a judgment that Sri

Lankan authorities often breach laws and regulations relating to arrest and
detention. The detention of Jaffna Tamil youth Vijayam Vimalendran for
over three years was illegal the Court declared on 20 December and ordered
Rs 25,000 compensation. Although Emergency regulations give wide powers
to the security forces there must be adequate grounds for arrest. The Court
says the Defense Secretary should have sufficient evidence before signing
detention orders. Even those detained under Regulation 17 (i) as posing a
threat to national security, should be informed of the reasons for arrest...

Human rights agencies say safeguards in the law are being circum- scribed
by authorities. In the north-east arrested persons are held for 60 days under
Emergency regulations and then under the Prevention of Terror- ism Act
(PTA) which provides for 18 months detention without being produced
before a court.

In southern areas, including Colombo, suspects are generally detained for

seven days under Emergency regulations and then under the PTA on the
orders of a magistrate. Agencies say such prolonged detentions are illegal.
Twenty three prisoners in Kalutara prison for over two years allege that
their detention is illegal and say they will fast unto death if they are not
released before 19 January...

There is a fear in Colombo that military death squads have returned. Retired
Tamil engineer Mahadeva was abducted in the dreaded "white van" on 25
December from his residence in Bambalapitiya..."

Article URL: http://www.tamilcanadian.com/page.php?id=506

Torture - including electric shock, burning, beating on soles of feet,

gasoline soaked bags over head...says US State Department Report

80
"Torture remained a serious problem... Members of the security forces
continued to torture and mistreat detainees and other prisoners, both male
and female, particularly during interrogation. Although the number of
torture reports was somewhat lower than in previous years in the Colombo
area, the situation in Eastern Province did not improve. Torture also
emerged as a problem in the newly recaptured Jaffna Peninsula. In
November a Supreme Court judge stated publicly that torture continued
unabated in police stations in spite of a number of judicial pronouncements
against its use. Pro-government Tamil militants in the east and north,
directly responsible to the security forces, also engaged in torture...

"Methods of torture included electric shock, beatings (especially on the soles

of the feet), suspension by the wrists or feet in contorted positions, burning,
near drowning, placing of insecticide, chili powder, or gasoline-soaked bags
over the head, and forced positions. Detainees have reported broken bones
and other serious injuries as a result of their mistreatment..:' - U.S.
Department of State, Sri Lanka Country Report on Human Rights
Practices for 1996

"Sri Lanka's minority Tamil community on Saturday complained of human

rights abuses as battles raged between the predominantly Sinhalese forces
and Tamil Tiger rebels near a northern guerrilla stronghold. A pro-
government Tamil party urged President Chandrika Kumaratunga to
intervene and stop alleged human rights abuses against Tamils and make
sure those detained by the army in the Tamil- dominated Jaffna area were
tried fairly. ... Joseph Pararajasingham, parliamentary leader of the Tamil
United Liberation Front (TULF), wrote in the letter to President Chandrika
Kumaratunga that 76 Tamils, mostly youths, were harassed by police after
being arrested by the army. "The police have them in their custody for over
three months, torture them and obtain confessions under duress," he said in
the letter which was made available to journalists." - Reuter Report, 28
September 1996

"Torture of Tamils is now widespread in Sri Lankan-occupied parts of the

northeast. In Valigamam district last week, Tamil inmates of the Navaly
Pulavar refugee camp were taken away by soldiers to their army base.
Witnesses say soldiers forced the young men to hold mouthfuls of stones
while they were beaten senseless. A 21-year old, Rasiah Satheeswaran, died
during his beating. Half of the refugees who were taken have been released,
the other half are still in army custody. Relatives fear the worst.

Article URL: http://www.tamilcanadian.com/page.php?id=507

81
Police powers promote torture says Colombo Judge
British Refugee Council Publication
Sri Lanka Monitor, November 1996

"Supreme Court Judge P Ramanathan says despite judicial orders against

law-enforcement officers, torture in police stations continues unabated.
Police have powers to record statements, investigate and prosecute
offenders. The concentration of powers allows the police to take short-cuts
by torture in custody, says Mr Ramanathan. Human rights agencies say
prolonged detention also leads to ill-treatment. Currently there are over
1,100 Tamils in custody, 300 of whom are held for over two years. MPs who
met detainees in Kalutara prison in early November say six Tamil youths are
held for over five years and another six above the age of 50 are detained for
over 18 months. Seven had been earlier re- leased, arrested again and held
for over two years.

Over 100 Tamil prisoners in Kalutara began a fast on 28 November

demanding trials or release. Following a fast protest by detainees in June, the
De- fence Ministry promised to solve the issue within three months.
Prisoners bitterly complain that the Ministry has failed to take any action.
Lawyers say the Defense Ministry has failed to act on several
recommendations for re- lease made by the Attorney General's Department.

Human rights agencies are concerned about illegal detentions. Some

prisoners continue to languish in prison despite court orders for their
release. In a habeas corpus application, Meenatchy Chitrasenan alleges that
her daughter Thirumagal arrested in September is illegally detained in a
police station without being produced before a court."

Article URL: http://www.tamilcanadian.com/page.php?id=510

150 Tamil women and children raped by law enforcers last year say
rights groups

“Human rights activists claim more than 150 women, mostly minority
Tamils, were raped by police and armed forces personnel last year.

In the past few months the nation has been outraged by a series of sex
offences, followed in some instances by the death or disappearance of
victims. Security forces are allegedly behind the incidents, which are
widespread in the war-ravaged north and east.

Rights groups and mainstream Tamil political parties are now up in arms
over the alleged rape of five women by policemen in Colombo's suburbs.

82
Politicians and rights agencies have made repeated demands for
investigations of the large numbers of rapes allegedly committed by officials
entrusted with enforcing law and order.

In one of the suburban rape cases, the victim, from the eastern Batticaloa
district, had approached a reserve police constable for directions to a
relative's home in Colombo.

The policeman accompanied the woman to her destination but then raped
her in a lonely suburban thicket. At least 15 soldiers and policemen have
been accused of rape since June last year."
- South China Morning Post January 11, 1997

"Amnesty International has documented several cases of rape by members

of the security forces. Because many women are reluctant to give testimony
about their treatment by the security forces, Amnesty International believes
that these testimonies represent only a fraction of a widespread pattern of
human rights violations. In those cases reported to Amnesty International,
the authorities took some initial action against the alleged perpetrators.
However, the organization does not know of any member of the security
forces who has been brought to justice on charges of rape.

In January 1995, three women were reportedly raped by soldiers at

Poomachcholai and Kayankaddu, Batticaloa district, in reprisal for an attack
by the LTTE on the nearby army camp at Thandavanveli. In August 1995
Lakshmi Pillai was raped at her home in Trincomalee by two army
informants in front of her two sons. The motive may have been revenge as
she had spoken out about being raped before at Plantain Point army camp
in August 1993. The informants were arrested but later released on bail
pending trial.

On 7 March 1996, a 45-year-old woman was raped by soldiers at

Thiyavedduwan checkpoint. Her husband was beaten with rifle butts. Both
were admitted to Valaichchenai hospital. Following a complaint by several
people of Thiyavedduwan at Valaichchenai army camp, an identification
parade was held and the soldiers were identified and taken into custody by
the military police. It is not known whether any further action has been
taken against them."

- Amnesty International Report, September 1996

Article URL: http://www.tamilcanadian.com/page.php?id=509

Para Military Groups torture & execute Tamils

83
Shadowy Tamil militant death squads are once again on the rise in
Batticaloa. The Mohan group aligned to PLOTE has terrorized Batticaloa
for several years and has been linked to former intelligence officer Richard
Dias alias Captain Munas, implicated in the disappearance of 158 Tamils
from the Vantharumoolai refugee camp in 1990. The Raziq group associated
with EPRLF has recently surfaced. Observers believe EPRLF, which kept
aloof from military activities for several years, has decided to throw in its lot
after the fall of Jaffna and the apparent weakening of the LTITE. The Tamil
militant cadres ostensibly provide translation service to the military and act
as scouts and spotters during security operations. Both EPRLF and PLOTE
deny that they have links with death squads. But reports from Batticaloa say
these two groups are involved in detention, torture and execution of people
suspected of links with the LTTE.

Observers say that at least ten incidents of torture and execution in the last
three months are known to human rights groups.

- Sri Lanka Monitor, published by British Refugee Council, June 1996

Article URL: http://www.tamilcanadian.com/page.php?id=511

Rapes and Murders in Occupied Jaffna

"Allegations of ill-treatment of women and extra-judicial executions are also

being made against the security forces. Reports say that three women were
raped by soldiers at their home in Manthuvil on 1 August."

- British Refugee Council Publication, Sri Lanka Monitor,

August 1996
-
"Vanni MP S Shanmugnathan says number of women at the Poonthottam
school camp have been sexually abused by the police. A woman who was
raped has been admitted to the Vavuniya hospital. Pregnant women have
been denied access to the hospital and one woman has died in labour"

-British Refugee Council Publication, Sri Lanka Monitor, November

1996

"Of the numerous arrests, rapes and murders of the girls and boys in Jaffna,
one comes to light. Most, however, go unreported because the Sri Lankan
army bans independent reporters from traveling to the peninsula, and the
government censors news about conditions in Jaffna.

84
On Saturday Sep. 7, 1996, Krishanthi Kumarasamy, an 18 year old student
at Chundikuli Girls' High School went missing, soon after she had taken her
first paper at the GCE A/L examination. She was seen by a number of
witnesses being taken into custody by Sinhalese army personnel at the
Kaithady checkpoint, and she disappeared soon after.

According to a report published later in the Sri Lanka Sunday Times (Nov 3,
1996), "She was stopped at the checkpoint and three soldiers allegedly raped
her until she fell unconscious. When she revived, according to the
confessions, police officers and six soldiers further raped her."

On learning of Krishanthi's detention at the army check-point, her mother,

Rasamma (59), who was the vice principal of Kaithady Maha Vithyalayam,
accompanied by her son, Pranaban (16), and a neighbor, Kirupakaran
Sithamparam (35), went to the army camp, and then they too disappeared.
The same Sri Lanka Sunday Times report said, "Her journey was not only
futile but she, her son and neighbor were strangled, cut into pieces and
buried in a little hut within the gates of the arm camp." y Krishanthi's
relatives in Colombo, including her older sister, Prashanthi (21), who was
staying in Colombo at that time, took up the matter with authorities in
Colombo, including President Kumaratunga, but nothing was done as the
army headquarters denied the arrests.

On Sep 20th, Amnesty International published an Urgent Action

Appeal (UA 222/96), and even at this stage the government remained
silent.

On Oct 23, more than 6 weeks after their disappearances, the Colombo-
based Tamil daily Virakesari published the story. Although none of the
other newspapers published it, things began to heat up. The matter was
raised in Parliament, and all of a sudden the four bodies buried in a shallow
grave within the army camp were found.

Tip of an iceberg? Tamil Voice has information that these kinds of atrocities
are quite rampant in the Jaffna peninsula, and in other Tamil areas occupied
by the Sri Lankan army. This is not an isolated incident... The reason for
lack of publicity is the unofficial ban on independent reporters and human
rights organizations from visiting these areas... A recent Asia Watch report
said, "The army only permits access to the state run media." Foreign
humanitarian organizations that are allowed to function in these areas are
ones who (by charter) do not publish such crimes. They consider such
silence necessary for them to be able to carry out their primary humanitarian
work.

85
News pertaining to large scale violations, such as those in the peninsula,
however, is difficult to conceal. A Tamil Voice editor had an opportunity to
meet with a number of new refugees who had escaped recently to Tamil
Nadu by boat. He reports that, their accounts are "horror stories from hell."

A large number of Tamil men and women are reportedly being held in the
Kankesanthurai police premises in the army-held Jaffna peninsula. They are
reported to have been arrested between 30 Mar 96 and 29 Aug 96. The
Government Agent of the army occupied Jaffna peninsula published a list of
names and details of only 135 Tamils, out of the 740 who the armed forces
admitted to holding at the Kankesanthurai police station. He has also
reported that nearly a hundred Tamil girls are missing. Several incidents of
rapes and molestations were also reported.

"On Sep 30 at about 3.20 PM Velauthapillai Rajani, 22, from Urumpirai

North was arrested in Kondavil-Urumpirai Road by the Sri Lankan army.
This arrest was seen by several people. Rajani, who was planning to leave to
Canada, went to see her relatives in Kondavil to say good-bye. On her way
she was stopped by the Sri Lankan soldiers manning the

Kondavil checkpoint and was dragged into a house where two elderly
people were living. The soldiers chased the two occupants out of the house
and Rajani was raped. Her naked body was found later in the compound."

Another report stated, "Vasuki, a young Tamil girl living in Kilner Lane was
harassed by Sri Lankan soldiers from the army camp next to her house. On
Sep 8, Vasuki was watching TV at her home between 11 PM and 12 PM at
night when 4 Sri Lankan soldiers in civil dress and 2 soldiers in army
uniform came into her house and tried to take her away by force. She and
her neighbors raised cries and the soldiers fled with Vasuki's National
Identity card."

"On Saturday morning August 7, a Sri Lankan military truck rammed into a
group of school girls who were cycling to the Examination hall for their
GCE (A/L) examinations. Nineteen year old, Thayananthi Kananathan
from Ariyalai, a student of Chundukuli Girls College was killed on the spot."

"On Sep 10, a 55 year old woman employed in the Thirunelvely Co-
operative Milk Society was gang-raped by Sri Lankan Army personnel." "In
Kachchai a husband who tried to prevent the rape of his wife was cut to
death. His wife was also murdered later."

These are just a few of the hundreds of incidents reported to Tamil Voice.
The rape and murder of Krishanthi is just one of them.

86
(Tamil Voice, published by the US Based llankai Thamil Sangam,
Fall 1996, edited by Dr.Rajan Sriskandarajah M.D.)

WE ARE PREPARING A DETAILED COMPLAINT WHICH WILL

BE MAILED SHORTLY. THIS COMPLAINT QUOTES UN
AGENCIES, MEDIA, JUDGES, VICTIMS, AND OTHER REPORTS.
ALL THESE REPORTS MUST BE TRACKED CONSTRUCTING A
CLEAR CUT CHARGE SHEET.OUR INTENTION IS ONLY TO
DRAW YOUR ATTENTION TO THE GRAVITY OF THE CRIME,
WE ARE URGING THE OFFICE OF THE PUBLIC PROSECUTOR
TO PROBE FURTHER.

Prof. Boyle of University of Illinois College of Law and an expert in

International Law, pointed out that "under Chapter XV of the United
Nations Charter, the U.N. Secretariat, headed-up by the U.N. Secretary
General, is one of six independent organs of the United Nations
Organization itself. As such the U.N. Secretary General is obligated to
implement the "Purposes of the United Nations" set forth in Article 1 of the
Charter.

"Article 1(3) of the Charter provides that one of these "Purposes of the
United Nations" is: "To achieve international co-operation in solving
international problems of an economic, social, cultural or humanitarian
character, and in promoting and encouraging respect for human rights and
for fundamental freedoms for all without distinction as to race, sex,
language or religion."

Boyle added, "In other words, the U.N. Secretary General has a U.N.
Charter obligation "in promoting and encouraging respect for human rights
and for fundamental freedoms for" the Tamils in Sri Lanka as required by
the preemptory norm of international law set forth in Article I of the 1948
Genocide Convention.

Francis Boyle, professor of International Law at the University of Illinois

College of Law, called on India, the United States, Britain and France to
fulfill their obligations under the Geneva Conventions and Protocol, and
under the Genocide Convention by launching an immediate humanitarian
air-drop relief operation for the starving Tamil civilians within the so-called
safety zone, who are suffering without adequate humanitarian supplies for
weeks.

Starvation of civilians, as a method of warfare, can also constitute an act of

genocide as defined by Article II (c) of the 1948 Genocide Convention.

87
Though timely action in this direction did not arrive at least in post-conflict
period International Court of Criminal Justice must charge sheet Srilankan
President Mr.Mahinda Rajapakshe for starving Tamils to death and stalling
UN to rescue Tamils from starvation.

"Article 54(1) of Additional Protocol I to the Four Geneva Conventions of

1949 sets forth a rule of customary international humanitarian law that
obligates every state in the world: "Starvation of civilians as a method of
warfare is prohibited." Starvation of civilians as a method of warfare is a war
crime. Every contracting party to the Geneva Conventions and Protocol has
the obligation under Common Article 1 thereof "to respect" the
Conventions and Protocol themselves and "to ensure respect" for the
Conventions and Protocol "in all circumstances" by other contracting
parties such as Sri Lanka.

"Furthermore, starvation of civilians as a method of warfare can also

constitute an act of genocide as defined by Article II (c) of the 1948
Genocide Convention: "Deliberately inflicting on the group {in this case
Tamils} conditions of life calculated to bring about its physical destruction
in whole or in part." Every contracting state party to the Genocide
Convention has the obligation "to prevent" genocide by Sri Lanka against
the Tamils as required by Article I thereof.

HENCE DRAVIDA PERAVAI URGES THE OFFICE OF THE

PUBLIC PROSECUTOR TO PROBE THE DEATH OF TAMIL
CIVILIANS DUE TO STARVATION IN THE WAR ZONE AND FIX
SRILANKAN PRESIDENT ON THIS CRIME ALSO.

Statement by Ambassador Susan E. Rice, U.S. Permanent

Representative, on the Situation in Sri Lanka, in Security Council
Consultations

April 30, 2009

The United States is deeply concerned by the situation in Sri Lanka, where
fighting between government forces and the Tamil Tigers has led to a
growing and grave humanitarian crisis that has left innocent civilians pinned
down and desperate. We are very concerned by the serious allegations
against both parties of violations of international humanitarian law.

Despite the Government of Sri Lanka’s promise to suspend combat

operations, multiple accounts indicate that shelling into the conflict
zone continues. We have also received reports of alarming number of
civilian casualties.

88
On April 28, limited quantities of food were delivered to the conflict zone—
the first such delivery in more than three weeks. We welcome the arrival of
this sorely needed aid, but we are deeply concerned that critical medicines
were not able to reach the conflict area as well.

We share Under-Secretary-General Holmes’ disappointment that the

Government of Sri Lanka has not yet allowed a UN humanitarian
team into the conflict zone to facilitate relief operations and the safe
evacuation of civilians. We urge the Sri Lankan government to reconsider.
This Council must also grapple with the sheer scope of the problem. Latest
reports indicate that more than 170,000 displaced persons have
registered in government-controlled camps. The Government of Sri
Lanka must allow the UN and the International Committee of the
Red Cross access to all sites where newly arrived displaced persons
are being registered or being provided shelter.

These reports pertain to the period of war without witness. Now since
Srilankan Government had declared war is over immediately UN agencies
must step in and Office of the Public Prosecutor starts its investigations
before all bodies are exhumed and all people are silenced at gun point.

INDEPENDENT MEDIA
INDICTS ARMS SUPPLIERS;

Chinese F7s and Russian MIG fighters fly over the skies of Vanni
continuously and they regularly bomb hospitals, schools, churches and
orphanages. Cluster bombs and phosphorous bombs are used against
innocent Tamil civilians. Children are dying in front of their parents and the
parents are dying in front of their children. Many of the dead have nobody
to mourn for them. More than eight thousand innocent Tamils have been
killed just within the last three months. Tamils are now left with nothing. All
their homes and farm lands have been made into grave yards. Many families
have lost their loved ones. Thousands of orphans and widows are longing
for death than suffering from hunger and untreated wounds in the killing
fields of Sri Lanka. They have no more comforters left to comfort the
victims.

As part of the so called deceptive humanitarian and rescue operation, Sri

Lankan forces surrounded an area that is almost two times bigger than
Singapore, bombed and destroyed all the hospitals, schools, orphanages and
homes in this prosperous land that was once flowing with milk and honey.

89
They destroyed farms, fruit trees and the cattle belonging to the people who
have lived there for years. They dropped cluster bombs and killed so many
thousands of innocent people including children, women and old people.

They have forced people into starvation and made them to live in tents and
bunkers for months. All this is according to them for just to catch or kill few
hundreds LTTE fighters that were living among more than three hundred
thousands of innocent Tamil civilians.

Tamils are persecuted all over Sri Lanka

Tamils who are forced to live in the open fields are bombed and killed in
thousands. Those who leave the war zone are sent to barbed wired
concentration camps and torture camps. The ones that live in the other
parts of the country live in open prisons with the constant fear of
abductions, extra-judicial killings, torture and rape.

World very well knows how the Sri Lankan soldiers were asked to
leave Haiti after they were blamed for rape, while doing peace
keeping operations as part of the UN force.

There are many peace loving Sinhalese people living in Sri Lanka. Several
academics, human rights activists, journalists, Christian leaders and
professionals from the Sinhalese community are supporting the Tamils in
their struggle for freedom. Some Tamils even tend to intermarry with the
Sinhalese.

Although the extremists are only a minority among the Sinhalese, they have
been successful in influencing politicians, military leaders and ordinary
Sinhalese people to incite racial hatred, violence and discrimination against
Tamils.

In recent times, China has been actively involved in building ports in the
South East Asian countries including Sri Lanka. China is spending 1 billion
dollars to construct a port in the south of Sri Lanka.

China is planning use this port as a refueling and docking station for its
navy, as it patrols the Indian Ocean and protects China’s supplies of Saudi
oil. Ever since Sri Lanka agreed to the plan, in March 2007, China has given
it all the aid, arms and diplomatic support it needs to defeat the Tamils,
without worrying about the West.

China has so far given six F7 jet fighters free of charge, according to the
Stockholm International Peace Research Institute. Pakistan is also trying to

90
spread its influence in the Indian Ocean and in order to build a launch pad
in Sri Lanka.Pakistan has transferred huge amounts of automatic rifles,
heavy mortars, multi-barrel rocket launchers, and artillery and tank shells to
Sri Lanka in recent years. Sri Lanka is also getting JY-11 3D air surveillance
radars, armored personnel carriers, T-56 assault rifles, machine guns, anti-
aircraft guns, rocket-propelled grenade launchers, missiles and bombs Iran
provides low-interest credit to Sri Lanka to help them to purchase military
equipment from Pakistan and China and to train Sri Lankan Army and
intelligence officers in Iran.

India never wanted to supply offensive weapons to Sri Lanka which is the
very reason why the Sri Lankan government went after China, Pakistan and
Iran in the first place. Having 65 millions Tamils in India, it will be difficult
for India to give offensive weapons to kill the Tamils in Sri Lanka. However,
India faces a real threat from China and Pakistan in its own backyard. Sri
Lanka has always maintained good relations with India.

In order to look after its interests in the region and to deal with the threats
from China, India had come up with the clever idea of providing with
intelligence and military expertise to Sri Lanka.Many Sri Lankan ministers
have recently acknowledged that they wouldn't be winning the war without
the help from India.

This is not because India hates the Tamils and loves the Sinhalese but they
are not ready to see Sri Lanka going into the hands of China and Pakistan.
More than seven hundred Indian fishermen were killed by the Sri Lankan
Navy within the last few years but India is willing to sacrifice even their own
for a greater gain in the region.

India is a looser. India has made a historical blunder by assisting the Sri
Lankan government to commit genocide against Tamils. Once the war is
over, Sri Lankan government will go after China and Pakistan as they did
before. India has now lost credibility both among the Tamils in Sri Lanka
and India. India would have been in a better position if they helped the
Tamils to establish a prosperous secular state in order to free them from
State oppression and to secure Indian strategic interests in the region. Even
now, it is not too late for India to change its mind.

When the twin towers fell and the innocents died, we declared war on
Terror. We have done the right thing and we have been successful in
preventing many disasters in our great cities. Unfortunately, some of the
countries that have been terrorizing their minorities for a long time have
started to use the loop holes in the "War on Terror" strategy to declare war
on the vulnerable.

91
Theory of War on Terror has failed miserably in countries like Sri Lanka
because the oppressor has got the freedom to declare war on the innocents
who are already going through hell in their hands. Many freedom
movements that have been fighting for the freedom of the oppressed are
now wrongly branded as Terrorists groups. Some of these countries like Sri
Lanka have been spending so much money in doing false propaganda, to
convince the world that these freedom movements had links with Al Qaeda.
War on Terror is a great idea but the problems come when we wrongly
recognize the Terrorists and the ones who are fighting the Terrorists. When
the “War on Terror” strategy is used by a Terror government that is already
killing its own citizens, alarms should be raised to protect the vulnerable.

Did we permit Saddam Hussein who was a democratically elected

president to wipe out all the Kurdish people? Hitler was
democratically elected but he was still responsible for killing millions
of Jews. Rajapakse government, although it is democratically elected,
shouldn't be allowed to use the “War on Terror” agenda to annihilate
Tamils.

UK government would never bomb the whole city of Belfast and force
people to live in the bunkers without food and medicine for months, if
they had to catch few hundreds of IRA rebels. They wouldn't use
chemical weapons against innocent women and children unless they
had a hidden agenda of killing the people.

Sri Lanka is doing something what no other governments on this earth

would do for their own citizens.

As usual, UN has so far failed to protect the innocents. They failed in

Rwanda and they failed in many other countries where millions died of man
made disasters. They always waited till it was too late to act. UN had sent it's
representatives to Sri Lanka few times in the last few months ,but they
couldn't convince the Sri Lankan authorities to stop the war.UK and the US
are working really hard to bring the Sri Lankan issue before the security
council. China, being a permanent member is not allowing the war in Sri
Lanka to be discussed for an obvious reason that they are also partnering
with Sri Lanka. They don't want to be blamed for fuelling the war in this
tiny island by freely supplying offensive weapons in order look after their
own interests in the region.

RichardDixons@googlemail.com

92
We thank the Journalist Mr. Richard Dixon for above mentioned
report

Sri Lanka acquired ‘banned’ weapons

Monday, 13 August 2001,

The Sri Lanka Army has acquired an infantry weapon with a chemical
warhead whose use has been shunned internationally except by Russia due
to the risk to civilians, press reports said this weekend. In an expose, the
Sunday Leader said that the SLA had spent several million dollars to acquire
1000 units of the shoulder-fired RPO-A Shmel Rocket Launcher, but that
amidst bribes sought by the SLA commander, Lt. General Lionel Ballagalle,
the weapons delivered were of old stock and may have exceeded their shelf
life. The US Defense Intelligence Agency says the weapon’s chemical
warhead is toxic and hence dangerous even if it fails to detonate.

The flamethrower type weapon, which the Sunday Leader says has been
banned by the United States is only manufactured by a single firm in
Russia and was bought by the SLA via a London-based company,
Gladstone Industrial Holdings, whose directors include a retired SLA
officer, Lt. Col. Upali Gajanayake. The Sunday Leader interviewed the
latter as part of its investigation into the alleged corruption.

“It is an internationally banned weapon,” Lt. Col. Gajanayake told the

Sunday Leader, explaining why the SLA needed to go through his firm,
rather than directly to sole Russian manufacturer, to acquire the Shmels.
“Officially these items cannot be negotiated via an open tender but can only
be bought underground; this is a very sophisticated chemical warhead.”

Although usually referred to in descriptive literature as a flame-thrower, the

RPO-A Shmel (Bumblebee in Russian) is a rocket-propelled
incendiary/blast projectile launcher, according to Janes’ weapons expert
Terry Gander. “One projectile fired is described by the Russians as `thermo
baric' as it appears to utilize advanced fuel-air explosive techniques which,
on detonation, create deflagration as the warhead cloud expands,” says
Gander. When utilized against structures the blast effect of the projectile is
stated to be equivalent to a 122 mm howitzer shell, he says.

The weapon – along with other fuel air mixture weapons - has been used by
Russian troops in Chechnya, where human rights groups have long criticized
the indiscriminate nature of the weapon which has resulted in heavy civilian
casualties and horrific injuries.

93
In a statement February 2000 on the use of such weapons in Chechnya,
Human Rights Watch said “The use of fuel-air explosives … represents a
dangerous escalation in the Chechnya conflict--one with important
humanitarian implications.” In urban settings it is very difficult to limit the
effect of this weapon to combatants, and the nature of FAE explosions
makes it virtually impossible for civilians to take shelter from their
destructive effect,” HRW said, adding that “because they are wide-area
weapons, military forces must exercise extreme caution and refrain from
using them in or near population centers.”

The U.S. Defense Intelligence Agency in a 1993 report says, “The [blast]
mechanism against living targets is … unpleasant… If the fuel deflagrates
but does not detonate, victims will be severely burned and will probably also
inhale the burning fuel. Since the most common FAE fuels are highly toxic,
un-detonated FAE should prove as lethal to people caught within the cloud
as most chemical agents”

A separate Central Intelligence Agency report says “it is possible that victims
of FAE’s are not rendered unconscious by the blast, but instead suffer for
several seconds or minutes while they suffocate.”

One thousand RPO-A Shmels were delivered to the SLA in a single

planeload on July 17, the Sunday Leader claimed, adding that the colleague
of Gajanayake, Ameer Temour, who negotiated the deal with a Ukrainian
arms supplier was fired on July 17. Temour told the paper that Gajanayake
had submitted expenses claim of nearly half a million US dollars which were
bribes for Ballagalle and other senior SLA officers.

Whilst the SLA had expected to take delivery of 1000 brand new warheads,
the paper claims the batch delivered comprised 400 manufactured in 1989
and 600 in 1991. The weapon expires after 10 years. The sole manufacture is
KBC Instrument Design Bureau in Tula, Russia.

“The age of the delivered units explains how Gladstone was able to
negotiate the supply and export the items without contravening any rights
the manufacturing company in Russia held to be the sole authority to supply
the brand new item,” the paper said.

Read this

WEAPONS BOUGHT in 2001 used in 2009

94
Colombo uses chemical weapons
Tuesday, 07 April 2009,

Sri Lanka Army extensively used chemical weapons on LTTE combatants at

Puthukkudiyiruppu (PTK) during the weekend, according to Lawrence, a
senior commander of the LTTE, who personally encountered the attack and
escaped, LTTE sources told TamilNet Tuesday. Meanwhile, Sri Lankan
Defense Ministry has claimed that it has killed hundreds of Tiger
combatants including senior commanders in PTK last weekend. The use of
chemical weapons were the suspicion of many who have seen the
photographs released by the SL Defense Ministry, but now the accusation
comes from the LTTE. The Tiger sources neither confirmed the type of the
chemical weapon nor said anything on the casualties claimed by Colombo.

Not matching with their tall claims, Colombo's websites have released
comparatively fewer photographs of LTTE combatants it killed in action
this time. Yet, the released photographs were enough for viewers of forensic
experience to suspect the use of chemical weapons. Chemical weapons such
as nerve gas were strictly prohibited by international conventions after world
experiencing gruesome mass deaths of combatants during the World War I
(1914 - 1919). Colombo government was already on record for clandestine
purchase of prohibited chemical weapons and accessories in 2001.

Colombo government, its president Mahinda Rajapaksa as

Commander-in-Chief of the armed forces, Gotabaya Rajapaksa, the
defense secretary and Sarath Fonseka, the army chief, may have to
face indictment as serious war criminals if the accusation of the use of
chemical weapons is proved.

UN withheld civilian casualty figures – report

Wednesday, 18 March 2009,

Publishing two leaked documents by the Office for the Coordination of

Humanitarian Affairs, Matthew Russell Lee of Inner City Press at the UN,
in an exclusive report on Wednesday revealed that the United Nations office
had its own estimates of casualty figures. The UN had internal
documentation for 9,924 civilian casualties including 2,683 killings and 7,241
injuries since 20 January to 07 March 2009. "Now it appears that unlike in
other conflicts from Darfur to Gaza, the UN withheld the Sri Lanka figures,
in effect protecting the Sri Lankan government from criticism," the Inner
City Press reported Wednesday

95
UN document: Civilian casualties in the Vanni (courtesy: Inner City
Press)

"Between January and 12 February, the reporting network was spread over a
broad area. Since most civilians are now in the small No Fire Zone (NFZ),
including the reporting network - the information is better. The assumption
is that the casualties were greatly under-reported prior to 12 February," said
the UN document which put the total minimum number of documented
civilian casualties since 20 January 2009 as of 07 March 2009 in the conflict
area of Mullaiththeevu district: 9,924 people including 2,683 deaths and
7,241 injuries.

Between January and February 2009 the combat area was reduced from 100
square km to 45 square km, including the NFZ of 14 square km. As the
combat area reduces, the daily average shows an increase in the number of
killed (from 33 to 63) and a slight decrease in the number of injured (from
184 to 145). This is due to increased density, the use of heavy weapons
which continue to strike the NFZ and inadequate medical treatment.

Two thirds of the documented casualties occurred in the No Fire Zone

(NFZ), according to the UN report obtained by the Inner City Press.

It is not humanly possible for the Tamil Diaspora or Indian Tamils to

collect each and every detail concerning the genocide; hence there is
historical necessity for the Office of the Public Prosecutor to start the probe
to establish the guilt of the perpetrators of Tamil Genocide. Hence Dravida
Peravai, the Indian political party of socialists, appeals to the International
Court of Justice for justice. In pursuit of justice we had earlier made our
appeal to the current month’s President of the United Nations Security
Council and the General Secretary of the United Nations marking copies to
the Representatives of the Member Nations in Security Council. We have
urged the Security Council to forward our complaint to you, which we are
sending you in the form of a book.

This is our first attempt to reach your office, and we have just tried to give
supportive evidences to make your mind arrive at the circumstantial
evidences to come to the conclusion to launch a probe against Srilankan
President Mr.Mahinda Rajapakshe and others for their Tamil genocide.
Thanking You
Yours sincerely
N.Nandhivarman
General Secretary Dravida Peravai
India. Date: 20.05.2009

96
MAILS TO LEADERS OF NATION :FEW EXAMPLES

Mr.JAN PETER BALKENENDE

Hon’ble PRIME MINISTER
Binnen Hof 20
Post Bus 20001
2500 EA DEN HAAG
NETHERLANDS [ Europe]

Respected Prime Minister

We, a political party of Indian Tamils in India are placing our prayers before
your conscience seeking your moral support and intervention in the General
Assembly of United Nations to get justice for our Tamil kinsmen in Srilanka
who had been crushed by the genocidal war. It had been a war without
witnesses, and attempts by USA, UK, France and UN Secretary General to
stop the war failed by the adamancy shown by Srilankan Government. The
Security Council could not arrive at a unanimous resolution due to the veto
powers that vested with Russia and China. The Srilankan Government had
declared the war is over and even in post-war phase independent journalists
of the world media, non-governmental organizations and agencies of United
Nations are prevented brazenly by Srilankan Government to visit the
concentration camps where more than 3,00,000 people are kept behind
barbed wires in open air prison, that too when monsoon had begun.

Srilanka had used banned chemical weapons on its own minority Tamils, and
it had slaughtered those who surrendered thereby had violated all
humanitarian laws and international conventions. The mass killings to pursue
ethnic cleansing started in 1956 and culminated during war is not yet over
even after war ended. All able bodied young men and women are whisked
away to death. Mass cremations and washing the ashes in sea to leave no
traces for world bodies when they step in is now taking place. In no war since
human race evolved entire civilian people were subjected to starvation during
entire war time running into months. After having failed in Security Council
due to the veto of the two communist giants and dragons, 18 nations led by
USA, UK, France tried their level best to pass a resolution urging UN Human
Rights Council to accept for an Independent UN enquiry into the war crimes
and crimes against humanity committed by Srilanka. But China, Russia and
India led 18 countries stalled international enquiry but favored by the accused
nation itself.

In view of this it has become inevitable to take the issue before the General
Assembly of the United Nations. We are mailing a brief note on Tamil
genocide, which comes as attachment to this letter. We would urge your
nation and more particularly you to read our appeal and take the lead in
mobilizing the global support of all nations against this barbarian genocide
committed in 21st century before our eyes. History should not record world’s
conscience was in slumber, when this happened.
N.Nandhivarman General Secretary 27.05.2009.

97
Mr. DONALD DUSK
Hon’ble PRIME MINISTER
Chancellory of Prime Minister
Al.Ujazdowskie 1/3
00-583 WARSZAWA
POLAND [Europe]

Respected Prime Minister

We, a political party of Indian Tamils in India are placing our prayers before
your conscience seeking your moral support and intervention in the General
Assembly of United Nations to get justice for our Tamil kinsmen in Srilanka
who had been crushed by the genocidal war. It had been a war without
witnesses, and attempts by USA, UK, France and UN Secretary General to
stop the war failed by the adamancy shown by Srilankan Government. The
Security Council could not arrive at a unanimous resolution due to the veto
powers that vested with Russia and China. The Srilankan Government had
declared the war is over and even in post-war phase independent journalists
of the world media, non-governmental organizations and agencies of United
Nations are prevented brazenly by Srilankan Government to visit the
concentration camps where more than 3,00,000 people are kept behind
barbed wires in open air prison, that too when monsoon had begun.

Srilanka had used banned chemical weapons on its own minority Tamils, and
it had slaughtered those who surrendered thereby had violated all
humanitarian laws and international conventions. The mass killings to pursue
ethnic cleansing started in 1956 and culminated during war is not yet over
even after war ended. All able bodied young men and women are whisked
away to death. Mass cremations and washing the ashes in sea to leave no
traces for world bodies when they step in is now taking place. In no war since
human race evolved entire civilian people were subjected to starvation during
entire war time running into months. After having failed in Security Council
due to the veto of the two communist giants and dragons, 18 nations led by
USA, UK, France tried their level best to pass a resolution urging UN Human
Rights Council to accept for an Independent UN enquiry into the war crimes
and crimes against humanity committed by Srilanka. But China, Russia and
India led 18 countries stalled international enquiry but favored by the accused
nation itself.

In view of this it has become inevitable to take the issue before the General
Assembly of the United Nations. We are mailing a brief note on Tamil
genocide, which comes as attachment to this letter. We would urge your
nation and more particularly you to read our appeal and take the lead in
mobilizing the global support of all nations against this barbarian genocide
committed in 21st century before our eyes. History should not record world’s
conscience was in slumber, when this happened.

With Regards Yours fraternally

N.Nandhivarman General Secretary 27.05.2009.

98
Mr.JOSE SOCRATES
Hon’ble PRIME MINISTER
Rua da Imprensa a’ estrela
4-1200-888
LISBON
PORTUGAL

Respected Prime Minister

We, a political party of Indian Tamils in India are placing our prayers before
your conscience seeking your moral support and intervention in the General
Assembly of United Nations to get justice for our Tamil kinsmen in Srilanka
who had been crushed by the genocidal war. It had been a war without
witnesses, and attempts by USA, UK, France and UN Secretary General to
stop the war failed by the adamancy shown by Srilankan Government. The
Security Council could not arrive at a unanimous resolution due to the veto
powers that vested with Russia and China. The Srilankan Government had
declared the war is over and even in post-war phase independent journalists
of the world media, non-governmental organizations and agencies of United
Nations are prevented brazenly by Srilankan Government to visit the
concentration camps where more than 3,00,000 people are kept behind
barbed wires in open air prison, that too when monsoon had begun.

Srilanka had used banned chemical weapons on its own minority Tamils, and
it had slaughtered those who surrendered thereby had violated all
humanitarian laws and international conventions. The mass killings to pursue
ethnic cleansing started in 1956 and culminated during war is not yet over
even after war ended. All able bodied young men and women are whisked
away to death. Mass cremations and washing the ashes in sea to leave no
traces for world bodies when they step in is now taking place. In no war since
human race evolved entire civilian people were subjected to starvation during
entire war time running into months. After having failed in Security Council
due to the veto of the two communist giants and dragons, 18 nations led by
USA, UK, France tried their level best to pass a resolution urging UN Human
Rights Council to accept for an Independent UN enquiry into the war crimes
and crimes against humanity committed by Srilanka. But China, Russia and
India led 18 countries stalled international enquiry but favored by the accused
nation itself.

In view of this it has become inevitable to take the issue before the General
Assembly of the United Nations. We are mailing a brief note on Tamil
genocide, which comes as attachment to this letter. We would urge your
nation and more particularly you to read our appeal and take the lead in
mobilizing the global support of all nations against this barbarian genocide
committed in 21st century before our eyes. History should not record world’s
conscience was in slumber, when this happened.

With Regards Yours fraternally

N.NandhivarmanGeneralSecretary 27.05.2009.

99
Mr. CRISTIAN DIACONESCU
Hon’ble Minister for Foreign Affairs
AleeaAlexandru.nr31. Sector 1
011822
BUCHAREST
ROMANIA [Europe]

Respected Prime Minister

We, a political party of Indian Tamils in India are placing our prayers before
your conscience seeking your moral support and intervention in the General
Assembly of United Nations to get justice for our Tamil kinsmen in Srilanka
who had been crushed by the genocidal war. It had been a war without
witnesses, and attempts by USA, UK, France and UN Secretary General to
stop the war failed by the adamancy shown by Srilankan Government. The
Security Council could not arrive at a unanimous resolution due to the veto
powers that vested with Russia and China. The Srilankan Government had
declared the war is over and even in post-war phase independent journalists
of the world media, non-governmental organizations and agencies of United
Nations are prevented brazenly by Srilankan Government to visit the
concentration camps where more than 3,00,000 people are kept behind
barbed wires in open air prison, that too when monsoon had begun.

Srilanka had used banned chemical weapons on its own minority Tamils, and
it had slaughtered those who surrendered thereby had violated all
humanitarian laws and international conventions. The mass killings to pursue
ethnic cleansing started in 1956 and culminated during war is not yet over
even after war ended. All able bodied young men and women are whisked
away to death. Mass cremations and washing the ashes in sea to leave no
traces for world bodies when they step in is now taking place. In no war since
human race evolved entire civilian people were subjected to starvation during
entire war time running into months. After having failed in Security Council
due to the veto of the two communist giants and dragons, 18 nations led by
USA, UK, France tried their level best to pass a resolution urging UN Human
Rights Council to accept for an Independent UN enquiry into the war crimes
and crimes against humanity committed by Srilanka. But China, Russia and
India led 18 countries stalled international enquiry but favored by the accused
nation itself.

In view of this it has become inevitable to take the issue before the General
Assembly of the United Nations. We are mailing a brief note on Tamil
genocide, which comes as attachment to this letter. We would urge your
nation and more particularly you to read our appeal and take the lead in
mobilizing the global support of all nations against this barbarian genocide
committed in 21st century before our eyes. History should not record world’s
conscience was in slumber, when this happened.

With Regards Yours fraternally N.Nandhivarman General Secretary

27.05.2009.

100
Mr.ANDRIUS KUBILIUS
Hon’ble PRIME MINISTER
Gedemino Ave.11
LT -01103 VIL NIUS
LITHUNIA [Europe]

Respected Prime Minister

We, a political party of Indian Tamils in India are placing our prayers before
your conscience seeking your moral support and intervention in the General
Assembly of United Nations to get justice for our Tamil kinsmen in Srilanka
who had been crushed by the genocidal war. It had been a war without
witnesses, and attempts by USA, UK, France and UN Secretary General to
stop the war failed by the adamancy shown by Srilankan Government. The
Security Council could not arrive at a unanimous resolution due to the veto
powers that vested with Russia and China. The Srilankan Government had
declared the war is over and even in post-war phase independent journalists
of the world media, non-governmental organizations and agencies of United
Nations are prevented brazenly by Srilankan Government to visit the
concentration camps where more than 3,00,000 people are kept behind
barbed wires in open air prison, that too when monsoon had begun.

Srilanka had used banned chemical weapons on its own minority Tamils, and
it had slaughtered those who surrendered thereby had violated all
humanitarian laws and international conventions. The mass killings to pursue
ethnic cleansing started in 1956 and culminated during war is not yet over
even after war ended. All able bodied young men and women are whisked
away to death. Mass cremations and washing the ashes in sea to leave no
traces for world bodies when they step in is now taking place. In no war since
human race evolved entire civilian people were subjected to starvation during
entire war time running into months. After having failed in Security Council
due to the veto of the two communist giants and dragons, 18 nations led by
USA, UK, France tried their level best to pass a resolution urging UN Human
Rights Council to accept for an Independent UN enquiry into the war crimes
and crimes against humanity committed by Srilanka. But China, Russia and
India led 18 countries stalled international enquiry but favored by the accused
nation itself.

In view of this it has become inevitable to take the issue before the General
Assembly of the United Nations. We are mailing a brief note on Tamil
genocide, which comes as attachment to this letter. We would urge your
nation and more particularly you to read our appeal and take the lead in
mobilizing the global support of all nations against this barbarian genocide
committed in 21st century before our eyes. History should not record world’s
conscience was in slumber, when this happened.

With Regards Yours fraternally

N.Nandhivarman General Secretary 27.05.2009.

101
Ms.JOHANNA SIGUROARDOTTIR
Hon’ble PRIME MINISTER
Stjornarradshusinu
150 Reykjavik
ICELAND

Respected Prime Minister

We, a political party of Indian Tamils in India are placing our prayers before
your conscience seeking your moral support and intervention in the General
Assembly of United Nations to get justice for our Tamil kinsmen in Srilanka
who had been crushed by the genocidal war. It had been a war without
witnesses, and attempts by USA, UK, France and UN Secretary General to
stop the war failed by the adamancy shown by Srilankan Government. The
Security Council could not arrive at a unanimous resolution due to the veto
powers that vested with Russia and China. The Srilankan Government had
declared the war is over and even in post-war phase independent journalists
of the world media, non-governmental organizations and agencies of United
Nations are prevented brazenly by Srilankan Government to visit the
concentration camps where more than 3,00,000 people are kept behind
barbed wires in open air prison, that too when monsoon had begun.

Srilanka had used banned chemical weapons on its own minority Tamils, and
it had slaughtered those who surrendered thereby had violated all
humanitarian laws and international conventions. The mass killings to pursue
ethnic cleansing started in 1956 and culminated during war is not yet over
even after war ended. All able bodied young men and women are whisked
away to death. Mass cremations and washing the ashes in sea to leave no
traces for world bodies when they step in is now taking place. In no war since
human race evolved entire civilian people were subjected to starvation during
entire war time running into months. After having failed in Security Council
due to the veto of the two communist giants and dragons, 18 nations led by
USA, UK, France tried their level best to pass a resolution urging UN Human
Rights Council to accept for an Independent UN enquiry into the war crimes
and crimes against humanity committed by Srilanka. But China, Russia and
India led 18 countries stalled international enquiry but favored by the accused
nation itself.

In view of this it has become inevitable to take the issue before the General
Assembly of the United Nations. We are mailing a brief note on Tamil
genocide, which comes as attachment to this letter. We would urge your
nation and more particularly you to read our appeal and take the lead in
mobilizing the global support of all nations against this barbarian genocide
committed in 21st century before our eyes. History should not record world’s
conscience was in slumber, when this happened.

With Regards Yours fraternally

N.Nandhivarman General Secretary 27.05.2009.

102
APPEAL TO INDIAN EXTERNAL AFFAIRS
MINISTER ON THE DAY OF HIS ASSUMPTION
OF OFFICE
Mr.S.M.KRISHNA
HON’BLE UNION MINISTER FOR EXTERNAL AFFAIRS
Government of INDIA
South Block
NEW DELHI

30.05.2009
Respected Thiru.S.M.Krishna

Subject: Re-appraisal of India’s China, Bangladesh, Myanmar, Srilanka policy

sought

We from Tamilnadu and Puducherry are happy in seeing you well versed in
International law and with vast experience in feeling the pulse of the people
placed in the External Affairs Ministry in a juncture when India is at cross
roads.

We are socialists and you know why our heart beats in joy in finding you in a
position to offer course corrections to India’s foreign policy. The urgent
agenda, which we feel that awaits your application of mind, is the Chinese
moves in each and every issue in international arena. China had been for
years scheming to become the sole Super Power of Asia. Nothing wrong in
any nation to aspire higher status, but that status when it tends to downsize
India, it is our duty to counter Chinese dragon.

The editorial of leading English daily of India, Times of India dated 29th May
of 2009 about Aung San Kyi contains a paragraph which I would like to quote:

“ We have just concluded a spectacular democratic exercise and are still

showing it off to the world .But unfortunately when it comes to speaking up for
the defenders of democracy in Myanmar our voice drops to a whisper. To put
it bluntly India’s foreign policy with regards to Myanmar is caught in a trap. We
chose to play footsie with the military regime in the hope of getting access to
Myanmar’s natural resources and to secure our north-east from infiltration.
We have achieved a degree of understanding on border infiltration but
have been well eclipsed by China as far as exerting influence in
Myanmar is concerned. We have meanwhile let down the people of
Myanmar in their quest for democracy. If India is to make amends, this
new Government must redraw India’s approach map to Myanmar. Given
our aspiration towards a greater role, New Delhi under the foreign ministry
would do well to recalibrate its approach towards our neighbors, especially
towards ruthless dictators whom nobody in the world particularly likes”

103
Tamils thank Times of India. The newspaper instead of dictator or neighbor
had used plural which indirectly indicates the tin-pot dictator of Srilanka.
These comments open a Pandora’s Box. Indian foreign policy had let down its
own citizens in past.

We Indian citizens, who rediscover the past, are baffled at the statement
tabled in Indian Parliament on July 23 1974 by then Indian External Affairs
Minister Mr.Swaran Singh [Lok sabha debates cols 186-201] for Re-
Agreement between India and Srilanka on boundary in historic waters
between the two countries and related matters. India must be aware what its
own representative sought before UN Sub-committee on the need to extend
its maritime belt in view of thorium find in Indian territorial waters. When we
had national interest to extend our maritime belt, only a nincompoop would
opt for an agreement that will hand over Indian island of Katcha Tivu to
Srilanka by way of this agreement.

We would like to remind that one Member of Indian Parliament, speaking on

the floor of the house on 23rd July 1974 raised a point or order. Mr.P.K.Deo,
Member from Kalahandi of Indian State of Orissa said “Nowhere the Indian
Constitution provide for cession of even an inch of Indian Territory. All the
Revenue records of Madras Government, a state of India, corroborate that
Katcha Tivu was part of former Ramnad zamindary and an integral part of this
country. So under no circumstances the Government has got any power
under the Indian Constitution to cede even an inch of our country. A few days
back the Coco islands which is part of Andaman group of islands belonging to
India was ceded to Burma. Now it is Katcha Tivu. It is utter contempt and
disrespect shown to the House [Indian Parliament] by not taking the house
into confidence and facing us with a fait accompli”

The handing over of Coco island by the foreign policy experts of

seventies to Myanmar had paved way for China obtaining its in lease
from Myanmar and to build a harbour there apart from installing Russian
made radars and satellites to spy on Indian Missile programme operated
from Orissa, a state of India just facing Coco islands in the west of the
Bay of Bengal. Sitting entrenched in Eastern side of Bay of Bengal that too
just 40 nautical miles away from Indian Territory of Andaman Nicobar islands,
China had established its access and control of Bay of Bengal. The intelligent
foreign policy experts who had no broad vision had opened the gateway of
Bay of Bengal to the Chinese dragon.

Dr.Ram Manohar Lohia, a Socialist Member of Parliament and contemporary

of Mr. Jawaharlal Nehru urged that India should extend her frontier to the
Yarlung Zangbo River, which he refers as Brahmaputra; only then Indian
troops would be able to meet the Chinese on more equal terms as far as
physical conditions are concerned. Let us ignore him, after all he is a Chinese
baiter, the rulers ignored him. But the threats from China are not only in our
border but everywhere. Unless India watches every move of China, we will fail
in our patriotic duty to preserve our nation and its status among comity of
nations.

104
 “India and China are now members of the Financial Stability Board, the
apex institution to monitor global risks of financial crisis. Their voting
shares in the International Monetary Fund will also be slightly increased
through an accelerated quota reform process. However post-reform the USA
will retain its defacto veto power with a 17 percent share and the US, EU and
Japan will control 53 percent of IMF shares. Individually the shares of US, UK,
France and Japan will still be larger than China’s share of fewer than 4
percent.” Hence China had planned a new offensive according to Professor of
National Institute of Public Finance and Policy Mr.Sudipto Mundle.

“Zhou Xiaochuan, Governor of the Chinese Central Bank on the eve of G-20
summit suggested that dollar should be replaced with SDR’s as the new
reserve currency. The huge dollar reserves held by Central Banks and other
global investors would be severely eroded if the dollar were to suddenly
depreciate. Yet these investors cannot easily diversify away from the dollar
since this itself would trigger dollar depreciation. The Chinese are particularly
concerned, an estimated 1 trillion dollars of their total reserves of around 2
trillion are held in dollar asset. The SDR exchange rate is a weighted average
of exchange rates of the major convertible currencies. Accordingly under
Zhou’s proposals, China and other countries could convert their reserves from
dollars to SDR’s at current exchange rates without any erosion in their value.
Implementing such a proposal would also mark the end of the dollar as
reserve currency.” This is the game plan of China which has let the cat
out of its bag.

If China launches SDR missiles to strike at the Dollar regime, India had to toe
Chinese line, if Indo-China-Srilanka partnership to ethnic cleansing of Tamils
is a forerunner to such cooperation.

USA realizing the Chinese designs had been urging India to sign End-
use Monitoring Agreement, Communications Interoperability and
Security Memorandum agreement, and Logistics Support Agreement.
China causes grave concern for USA, hence USA urges India to sign these
pacts. China had become emboldened to say to USA to concentrate on
western Pacific and China will look after eastern Pacific. Pacific Command
Chief Admiral Timothy J Keating had recently exposed this game.

Are we with USA or are we with China? Is USA a grave danger to the
territorial integrity of India or is China, the aggressor who claims our Indian
State of Arunachal Pradesh will be a threat with high magnitude?

China had encircled India with tie-ups starting from Myanmar to Srilanka,
Maldives to Pakistan and Bangladesh. With harbours in all these countries
carefully built from 1990, China had acquired a might India cannot challenge.
If China could suggest to USA to divide Pacific Ocean as eastern zone and
western zone between them, will it not say to India confine to your coast in
Bay of Bengal and from Myanmar China will control half of Bay of Bengal.

Will not China with harbours in Pakistan and Maldives suffocate Indian
presence in Arabic Ocean? Sitting in Srilanka’s southern tip China could block

105
passage to Bay of Bengal and from Myanmar control Malacca Straits. India
which supports Srilanka hoping it will shield its geo-political interests will cut a
sorry figure in days ahead. Srilanka needed the support of India only to finish
the Tamil demand for homeland. Helping Srilanka to crush Tamil freedom
struggle China had succeeded in sowing distrust towards India in Tamil
minds. Each and every step China plans is to establish it as Super power of
Asia. It is the neo-colonial power which will colonize Myanmar and Srilanka. In
Indian state of Bihar, the influx of Chinese women to marry Indians born in
Buddha’s land is silently establishing a Chino-Indian population like early
Anglo-Indians.

Our foreign policy must be debated in Indian Parliament. Few individuals

should not decide the foreign policy of a continent like India with 100 crore
population. Ours is Indian Union, though it became unitary due to the trauma
of partition, it must be borne that Indian States have a right to shape India’s
foreign policy. Consensus can emerge in our National Integration Council,
debates in Parliament can offer constructive course corrections, and Cabinet
should not be bypassed, few people should not be shouldered with crafting
nation’s foreign policy, however super brains they may be. But seeing how
China had outwitted us by encircling India, and within India opening a Red
corridor from Nepal to Andhra Pradesh where Maoists rule the roost, it
becomes evident that China wants India again to become a colony, this time a
colony of China will only get conduct certificates from Communist parties and
not from Indians with common sense.

THE BORDER QUESTION:

Speaking in Indian Parliament on 20 th November 1950, Pandit Jawaharlal

Nehru states “Maps of China for last thirty years have shown a certain portion
of that North Eastern Frontier which is now part of India…. Our maps show
that McMahon Line is our boundary and that is our boundary map or no
map… and we will not allow anybody to come across the boundary “The
problem between India and China, which now stakes claim to Indian State of
Arunachal Pradesh, started actually not by the tongue slip of Jawaharlal
Nehru, but by the fact about the weakness of both side over the maps.

Emergence of Chinese Nation

Let me further quote Pandit Jawaharlal Nehru “The administration of the

Mongol Empire must have been a very difficult task. It is not surprising
therefore that it began to split. Kublai Khan died in 1292. After him there was
no great Khan. The Empire divided up into big areas.

1. The Empire of China including Mongolia, Manchuria and Tibet. This empire
was the principal one under Kublai Khan’s descendent of the Yuan dynasty.

2. To the far West Russia, Poland and Hungary was the Empire of the Golden
Horde as the Mongols were then called.

106
3. In Persia and Mesopotamia and part of Central Asia there was the Ilkhan
Empire, which was founded by Hulugu and to which the Seljuk Turks paid
tribute.

4. North of Tibet in Central Asia there was a great Turkey as it was called, the
Empire of Zagatai

5. Between Mongolia and Golden Horde there was a Siberian Empire of the
Mongols.

Mongol Empire was split up, each one of these five divisions it was a mighty
empire wrote Nehru in page 224 of his book Glimpses of World History. That
was the divided nature; fragmented nature of a country those in later days
became China. Now China wants to expand. It reminds of Adolph Hitler’s
invasion of other countries for “living space”. With its burgeoning population
China is hungry for the soil of neighbours, is for creation of access to seas
hitherto it cannot reach, and wants to impose its will over Asia.

Emergence of Indian Nation

During British rule about 60% of the Indian sub-continent's territories were
Provinces and 40% were Princely States The Indian sub-continent was
always a bunch of different entities ruling different parts in India. While the
arrival of the British in India, the most dominant empire in the Indian sub-
continent was the Moghul Empire. The Moghul Empire acted as patrons to
many smaller kingdoms all over India. With the collapse of the Moghul
Empire, which began in the 18th century, the different rulers became semi-
independent.

The Indian sub-continent at the time of independence in 1947 had 562

Princely States. Some of them like Kashmir, Mysore and Hyderabad were as
large as England. There were also smaller Princely states like Junagad,
Udaipur, Janjira, Aundh and Cochin. Along with the Princely States there were
also 11 Provinces in British India. These Provinces were under direct British
control. These Provinces were formerly Indian entities, which the British
annexed from the Indian rulers, attached them together and turned them into
British Provinces. Among these Provinces were Bombay, Madras, Bengal,
Assam and United Provinces. This introduction will indicate how our borders
have become widening and changing with integration of princely states within
Indian Union.

India and China two countries have fought bitter war and even today normalcy
never returns in fostering better relationship. The legacy of the colonialism
has left a border dispute, which had triggered wars in the past and now claims
over settled issue like Indian state of Arunachal Pradesh...New threats are
emerging in Bay of Bengal, Indian Ocean and Arabian Seas, All such threats
emanate from China only.

107
THE MAPS AND THE CONFUSION

The maps of 1930 show Indian border in North East sector, which is
McMahon line between India’s Assam and Tibet region as Boundary Un-
demarcated. In Northwest, North sectors [from Kashmir Ladakh to Himachal
Pradesh, Uttar Pradesh it was inscribed as boundary undefined. Miss Dorothy
Woodman in her book Himalayan Frontiers in 1969 wrote, “The innumerable
discrepancies on maps might lead to the most naïve student of cartography to
the view that the devil can quote maps to serve its own purpose.” The
discrepancies in maps are a disease infecting both sides. Both countries
based their claims on erroneous maps. In Indian side as per eminent
parliamentarian and scholar Kuldip Nayyar “ The Government itself with drew
several official maps and books which did not indicate meticulously a curve
here or a bend there or which left the boundary undefined. Many maps of the
Survey of India and the books of Publications Division were withdrawn, and
there was a circular sent to return all such materials “[Between the Lines p
137-138]. Similarly Chinese Premier Chou–en-lai made it clear in April 1955
during Bandung Conference, that China’s borders with neighbouring countries
had not yet been fixed.

COLONIAL MENTALITY REFLECTED IN MAPS

While we talk about the faulty maps of both countries based on which the
people of both countries have undergone the agony of war, we must also take
note of the colonial mind and colonial mentality behind the maps. To divert the
subject here from India and China, so that none can say we are blind by
nationalism but to stress the need to apply rationalism in evaluating our past
and present claims and counter claims over territory let me draw your
attention to other maps.

“Open a geography book or take an Atlas or a traditional map adorning a wall.

Greenland and Scandinavia appear to be ten and three times larger than India
respectively. However in reality Greenland is only eighty percent of India’s
size. Scandinavia is three times smaller than India. The discrepancy does not
end here. Russia appears bigger than entire continent of Africa; Alaska bigger
than Mexico and tiny Europe seems to occupy more area than entire South
America. This mismatch runs against basic common sense. Locate the
equator and see how the northern hemisphere occupies two thirds of the
space, and southern hemisphere the remaining one third.” Wrote Columnist
Vishal V Sharma in Times of India.

He cites the reasons for this. “The world map being shown in our books and
Atlases is the Mercator map, made during the age when Europe dominated
and exploited the world. The white dominated countries are thus portrayed to
be extraordinarily large while non white countries extraordinarily small.” United
Nations in 1974 acknowledging this discrepancy accepted a new map made
by Arno Peters, a German scholar. Peter’s map shows countries in their
relative sizes, and is based on his decimal grid, which divides the surface of
the Earth into hundred longitudinal fields with equal width and a hundred
latitudinal fields of equal heights.

108
Dravida Peravai wishes to draw your attention that our countries have not
understood the colonialism and its legacy, the maps, McMahon lines over
which we were engulfed in enmity for decades, and spent the energies of our
economies to fuel wars instead of eradicating poverty in our most populous
countries.

BANGLADESH BORDERS:

The legacy of past not only haunts India and China, it also hurts India and
Bangladesh. There are 111 Indian enclaves in Bangladesh and 51
Bangladesh enclaves in India.” The legacy of high stake card games between
two kings, rulers of Cooch Bihar and Rangpur within old Bengal State
centuries ago where they used estates as stakes when they ran out of cash,
resulted in our nation having Bangladesh enclaves and Bangladesh having
our enclaves. This is an issue, which had not been sorted out yet; it applies to
the Indo China border dispute.

The sudden raking up of a claim over Arunachal Pradesh by China had

created heartburns amidst Indian people. Indian people did not expect that
Chinese would go on digging a past, a creation of colonialism, to put
roadblocks to normalcy between two great civilizations and countries. But
whatever China does aims to cut India down to size and to dwarf India as
super power, eating into its geo-political spheres of influence.

THE SRILANKAN POLICY

Let me narrate the fate of failed initiatives, so that India under your guidance
can contemplate for new solutions to resolve the Tamils issue.

Federalism is buried: “After the UNP Government of 1977-1989 adopted its

1978 Constitution, political devolution and the establishments of a federal
system of government were precluded by Article 2, which declared “The
Republic of Srilanka is a unitary state. The remaining scope for political
decentralization was eliminated by Article 76 which specified that the
Parliament shall not abdicate or in any manner alienate its legislative power
and shall not set up any authority with legislative power. The two articles were
incorporated explicitly to forbid devolution. Indeed when the Constitution was
adopted, then President J.R.Jayawardene confidently claimed to have “all but
closed the door on federalism”. These observations in the Assessment of
conflict resolution initiatives in Srilanka from 1957 to 1996, reveals that unless
these two provisions in the Constitution is removed no federalism can come
into existence.

Official language status is deprived: Till 1956 Tamil and Sinhalese

languages enjoyed equal status. India which always boasts of the 13th
Amendment of 1987 to the Srilankan Constitution as a fruit of its intervention
conveniently closes its eyes to the article 18, which had taken the life out of
the amendment. The article states that official language of Srilanka shall be

109
Sinhala. Tamil shall also be an official language. English shall be link
language. Neither India then nor the other nations that sermonize the need to
resolve issues within Srilanka are going to get the Constitution amended to
read “The official languages of Srilanka shall be Sinhala and Tamil. This alone
is equality, which Srilanka will never concede, that too when it is in a position
of strength.

Dictatorship in garb of Democracy: The UNP Government creation of

Executive Presidency dealt a death knell to the Cabinet system of
governance, devalued the office of the Prime Minister, and by 1981
Parliament was reduced to silent spectator with no powers. Unless Executive
Presidency is done away and Parliament regains its supremacy, there can
neither be democracy for Sinhalese or Tamils.

Under Occupation forces safety in peril: Preferential recruitment of Sinhalese

only in army and police force starting from sixties had led to a situation where
Tamils does not even constitute one percent of the armed forces. Indian
Prime Minister Indira Gandhi’s emissary Mr.G.Parthasarathy who drafted the
Annexure C proposals was aware of this imbalance and made first effort to
address the issue of security forces remaining foreign forces in the eyes of
Tamils. Till date the security and police forces have no space for Tamils,
which makes Tamils insecure in the unitary Srilankan state. After defeating
the so called terrorists, if the Srilankan Government had given General
Amnesty to the Tamil forces, and had absorbed them, some degree of trust
towards government would have reared its head in Tamil hearts. But it is not
so. We once heard US President calling for General Amnesty, but now no
such voice is heard in international arena. All the civilians uprooted from their
villages due to war will not be immediately resettled, but they have to remain
in concentration camps, till all physically able young boys and children are
taken away for screening and killed so that not a single young men with able
bodies will be allowed to resettle, seems to be the order of the Srilankan
Government, and this act falls under the criteria of crimes against humanity.
Hence along with Srilankan President, Defense Minister and Army Chief,
Naval Chief, Air Chief of the Srilankan Government and the Para-military
forces patronized by Srilankan Government should be charged with war
crimes and brought to book.

Theocratic state that buries Secularism: India prides itself to be secular

state, but it patronizes a theocratic state, just because the Sinhalese call
themselves Aryan. Racial affinity blinds some who consider indigenous
Dravidian people as their eternal enemy. There cannot be any common
ground between the rulers of India and Srilanka on secularism. There cannot
be common ground with the geo-political interests of China and Pakistan, but
the racial affinity makes few in India remain adamant with like rock like
stubbornness, with no prick from conscience unmovable by the protests, self
immolations, and cries of help from Indian Tamils, who are Dravidians. Racial
common thread between so called secularists of India and theocrats of
Srilanka blinds Indian vision towards Tamil genocide.

110
The 1978 constitution reserved for Buddhism the foremost place [art.9] in
contrast to other religions, a provision which was introduced in the 1972
Republican Constitution with the motive to make Buddhism the State Religion.
The January 1996 Draft Provisions by Art 7 strived to entrench Buddhism and
create a Supreme Council of the Buddhist clergy to advise the Government
elected by various religious communities, on the process of fostering only one
religion, Buddhism. The Indian brains which remains in paralysis, will never
seek amendment to make Srilanka a secular state. They will advise all
religions to dismantle their structures in Srilanka and get assimilated by
Sinhala language, religion, and authority. Such unitary state will be an open
air concentration camp for people of other religions. Now Tamils, within them
considerable amount of Christians live in concentration camps allowing
breathing time for Sinhalese Government to nip in bud all young boys and
girls, so that a physically handicapped Tamil people’s state can be
established as vassal state of Srilanka.

Broken Pacts of Past and to be Broken promises to Donor Nations now:

The countries that had borrowed the Indian formula to solve the aspirations of
the Tamil people are not aware that both India and Srilanka are hiding the
hidden truths about so many pacts and initiatives of the past in this direction
ended in a fiasco. If democratically mandated Tamil parties from 1957 failed
to realize federalism and equal rights by pacts with Srilankan Governments of
all times, now India wants Tamils to expect the victor who had crushed a
freedom struggle to offer better panacea to the vanquished, is totally foolish.
Indian Governments pact with Srilanka itself is broken to pieces, and now
India wants Tamils to pick the rags of that agreement from the dustbins of
Srilankan President. Indian Tamils urge the leaders in Union cabinet with
conscience not to buy the argument but to individually evaluate the solutions
that they can offer to people of Tamil Eelam.

A] Pact between Prime Minister S.W.R.D.Bandaranaike, Prime Minister of

Srilanka and Leader of the Federal Party Mr.S.V.J.Selvanayagam signed in
July 1957 and abrogated unilaterally by the Prime Minister in May 1958,
stands for scrutiny here, to remind the nations that preach a solution within
Srilanka, that however they may wish, it won’t get fulfilled. The Federal party
agreed to abandon its demand for a federal system, and agreed to
regionalism, which means political decentralization within the unitary
framework of governance. Srilanka that did not accept this compromise in
1958 but now after vanquishing the freedom struggle, it will only offer slavery.

1] The Pact agreed that in Regional Councils Members of Parliament

representing the Central Government can preside, which gave room for
Parliament to directly control these regional councils. Instead of seeking
powers for the Ministers in the Regional Council, the pact paved way to
reduce powers and to vest some powers to Parliament.

2] The Pact agreed that regional councils should have powers for subjects
including agriculture, cooperatives, lands and land development, colonization,
education, health, industries and fisheries, housing and social services,

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electricity, water schemes and roads. The flaw in this pact is it did not
delineate the legislative powers of the regional councils.

3] The Pact did not specify the Executive powers of the proposed regional
councils. The powers of Regional Council would not be greater than that of
municipalities.

4] The Pact reiterated Sinhala as the sole official language of Srilanka. The
Federal Party accepted the secondary status given to Tamil language but the
Pact remained silent on non-Sinhalese speaking peoples living outside the
Northern and Eastern Provinces.

5] The Federal party, commentators say failed to vigorously defend the rights
of Tamils and Muslims over land distribution in the Gal Oya scheme.

6] The 1957 Pact did not address the law and order issue

7] The 1957 Pact states that the Government will provide grants to regional
councils and the regional councils will have powers to taxation and borrowing.

8] The 1957 Pact totally remained silent on economic resources but under
infrastructure subject’s electricity, water schemes and roads were for regional
councils.

9] The 1957 Pact conceded that over education Regional Councils will
exercise controls.

10] The 1957 Pact kept silence over employment.

11] Linking citizenship to ethnicity that too the majority and relegating other
ethnic groups lead to new class of Tamils called stateless Tamils being
created to brand Tamils of Indian origin, the up-country Tamils. The Federal
party prayed for the abolition of discriminatory classification of citizens of
Registration.

12] The 1957 pact recognized Ceylon as a Sinhalese state, where Sinhala
would be sole official language of the country and Tamil to be made as the
language of administration of the North and Eastern provinces without
infringing the position of official language.

This was the pact of 1957 when Tamils backed the Federal Party and even
these concessions were not given and pact abrogated in May 1958. Then so
many pacts, promises and initiatives, which did don’t give the minimum
requirement of Tamils, the nations of the world must bear in mind.

B] Senanayake-Selvanayagam Pact of 1965. After the Parliamentary

elections of 1965 the UNP lead by Mr.Dudley Senanayake did not have
majority and it needed the support of the Federal Party of Tamils led by
Mr.Selvanayagam. The Senanayake-Selvanayagam Pact of 1965, which
Tamils pinned hopes will get them regionalism was not fulfilled by a national

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government in coalition with Federal Party. This show how treacherous the
Sinhalese leaders and political parties have been in past, and they have
changed names but not stance.

C] Model Constitution for the Federal Republic of Srilanka: The

constituent assembly met to draft the first Republican constitution in 1972;
Federal party tabled a model constitution which was rejected by the steering
committee of the constituent assembly.

D] Presidential Commission on Development Councils 1979:Dr. Neelan

Thiruchelvan Report of 1980 went to dustbin.

E] INDIAN INTERVENTION: Annexure C proposals: The holocaust of July

1983, which marks the daylight state terrorism without any sense of shame
made then Indian Prime Minister Indira Gandhi to intervene. India initiated
talks with Srilankan Government and Tamil United Liberation Front, a political
party pursuing democratic path to fight for Tamils rights. This led to Annexure
C proposals master minded by Mr.G.Parthsarathy, which could have formed
the basis of further talks in the All Party Conference.

1] Annexure C failed to demand repeal of Article 76 thereby making the

promise to transfer powers an empty promise. It neither urged to repeal Article
2 thereby accepting the unitary system nor does not pave way for regionalism.

2] The Annexure did not indicate whether Regional Councils would exercise
control over Regional Public Service Commission and Regional Public
Service. No provision was made to create Regional Judicial Service
Commission.

3] The Annexure C confirmed the discriminatory treatment of Tamil language

in 1978 Constitution.

4] Annexure C did not envisage transfer of the subject of land to councils.

5] The Annexure C did not even suggest placing Regional Police Service
under the Regional Councils. The wanton exclusion of Tamils from
employment in armed forces was not addressed to instill a sense of security
for Tamils, and also to give them equal rights as citizens to join armed forces.

6] The 1983 Annexure C proposals addressed India’s concerns by suggesting

creation of a Port Authority under Central Government for administering
Trincomalae Port.

7] Though Annexure C allocated culture as subject allocated to Regional

Council, it did not define culture.

8] The Ceylon Tamils objected to the design of the National flag and anthem
which did not reflect the multi national and multi cultural society of the country.
Annexure C did not find remedy for this grievance but first time this issue was
subjected to debate.

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Having dealt what little was offered when India brokered peace in 1983 that
too when the Iron lady Ms.Indira Gandhi was Indian Prime Minister, it will be
wild goose chase again to seek for Tamils rights under unitary Srilankan State
of Theocratic Dictatorship which had been a terrorist state to Tamils since
1956 till date.

F] District-Provincial Councils Bill of 1984: All Party Conference in August

1984 created a Working Group of Officials and Experts which submitted its
report to the plenary sessions of the All Party Conference in September 1984.
President submitted his statement to the All Party Conference in December
1984. A draft bill for District and Provincial Council was adopted in the
conference, which did not satisfy Tamil aspirations or meet Tamils demand.
Tamil United Liberation Front, the political party with majority representation of
Tamils in Parliament expressed unhappiness which was a good excuse to
President J.R.Jayawardene to shelve the bill in cold storage.

G] Thimpu Talks 1985 and after : Government of India brought Srilankan

Government and Tamil militant groups LTTE, TELO, PLOTE, EROS, and
EPRLF to negotiating table in Thimpu, capital of Bhutan, a Himalayan country.
Talks failed. But Indian External Affairs Ministry continued its dialogue with the
Srilankan President and a Draft Framework of Terms of Accord and
Understanding was arrived at in August 1985. President J.R.Jayawardane
should have submitted that draft to Srilankan cabinet, but he chose not to do,
lapsing the agreement.

H] Rajiv Gandhi’s Initiatives: Tamil United Liberation Front presented few

proposals to Indian Prime Minister Mr.Rajiv Gandhi in December 1985, and
India sought the opinion of Srilankan Government which rejected the demand
of federalism. Then Indian Minister Mr.P.Chidambaram led a delegation to
Srilanka and discussed with the Government of India and Tamil United
Liberation Front. Government of Srilanka as a follow up sent its proposals to
Government of India. Government of Srilanka prepared a Draft Amendment to
the Constitution of Srilanka to provide legal sanction to Chidambaram
proposals in September 1986. Subsequently discussions took place in
Bangalore between Indian Prime Minister Mr.Rajiv Gandhi and Srilankan
President Mr.J.R.Jayawardane and a working paper emerged on 18th
November 1986. This paved way for proposals of 19th December 1986.

I] Indo-Srilankan Accord of 1987: It should be noted that while Srilanka was

discussing ways and means to solve the Tamil conflict between 30th August
1985 to 19th December 1986 it was continuing its genocidal war. India then
had a wise leader Mr.Rajiv Gandhi which provided all material and moral
support to militants in the field while bringing diplomatic pressure on Srilanka
to fix it for violation of human rights.

Unlike the whole world that watched helplessly without coming to the rescue
of starving civilians in recent genocidal war, India headed by Mr.Rajiv Gandhi
did not remain with lip service. It intervened to airdrop food and medicines to
the war zones of Srilanka. This act forced Srilanka, which understands only

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the voice of the might, agreed to sign the Indo-Srilankan Agreement to
establish peace and normalcy in Srilanka in July 1987.

The traditional Tamil homelands which were infiltrated by Sinhalese

colonization were merged into a single North-Eastern province. The
merger should be confirmed by referendum before end of 1988,
thereafter it will be permanent. We all know how this promise was
broken using Courts, and Indian leaders who swear by the name of Rajiv
Gandhi have completely forgotten the longstanding demand of Tamils
which Rajiv Gandhi obtained for Tamils after so much efforts.

To implement the accord Indian Peace Keeping Force was sent. LTTE agreed
for cessation of hostilities and token surrender of arms and started handing to
IPKF. The same accord contains a general amnesty clause. The general
amnesty “to political and other prisoners now held in the custody under the
Prevention of Terrorism Act and other emergency laws, and to combatants, as
well as those persons accused, charged and or convicted under these laws”.

After signing the accord Government of Srilanka went back saying that
amnesty does not apply to persons who have committed offences outside the
North Eastern provinces and withheld amnesty to 1250 political prisoners. The
LTTE retaliated by suspending surrender of arms.

Recently in May of 2009, the USA President Mr. Barrack Obama called for
grant of General Amnesty to the freedom fighters of Tamil Eelam. If Srilanka
in past had gone back on general amnesty agreed in a pact between India
and Srilanka, how can United Nations or all civilized nations on Earth except
those who condone the Tamil genocide by Srilanka, are going to get general
amnesty to the 9100 LTTE fighters claimed by Srilanka to have surrendered.
If the UN Secretary General had to go all the way praying for free access to
humanitarian agencies to help Tamil civilians in concentration camps, who is
going to pray for general amnesty for the LTTE fighters who have
surrendered. They will not be treated as prisoners of war; all canons of
international law will be thrown into winds. These 9100 fighters and all able
bodied young men and girls among the Tamil civilians will be annihilated,
Tamil villages and towns will be implanted with Sinhalese colonization, then
the physically incapacitated, mentally derailed slaves now who remain behind
barbed wires, may be allowed to go back to their original places. The time
needed till year end is not to de-mine the areas but to de-tamilize these
places and to break down the will power of those who bore the brunt of the
civil war, but somehow survived to become slaves.

J] The IPKF did not act in neutrality, here some bureaucrats or army officers
derailed the purposes for which IPKF was sent to Srilanka. Let me remind
Prof Daya Somasundaram`s book Scarred Minds The Psychological Impact of
War on Sri Lankan Tamils.[Professor Daya Somasundaram is the Professor
of Psychiatry in the University of Jaffna and concurrently Consultant
Psychiatrist, General (Teaching Hospital) Jaffna. He was one of the four
authors of the book, Broken Palmyra, which was critical of the LTTE, a co-

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author of Mental Health in Cambodia, where he served as a Consultant
Psychiatrist] .This book lists out IPKF excesses.

If American forces during Bush era indulge in excesses, America under

President Barrack Obama makes amends and civilized democracy condemns
such acts. India we have democracy but we are ashamed to wash our dirty
linen in public. Anyhow as we look back at history we have to see the reasons
behind LTTE and IPKF clashes culminating in the Rajiv Gandhi’s murder.

K] Other Initiatives that failed: After the 13 th Amendment of 1987, the

Democratic People’s Alliance came out with proposals in 1988. The drafting
committee of the All Party of Conference was given with proposals by
participating Tamil parties. Thondaman proposals were handed over in 1991.
UNP party’s Presidential candidate Mr.Gamini Thissanayake came out with a
vision for 21 st century. The Up-Country People’s Front in December 1994
submitted its peace formula to the Parliamentary Select Committee. Then
Srilankan President Chandrika Kumaratunga came out with Basic Ideas on 3
rd August 1995. These basic ideas were formulated into draft proposals on
January 1996.

L] India is not in a position to intervene or influence as it did during the

times of Rajiv Gandhi. The unfortunate murder of Rajiv Gandhi had thrust
one point Agenda on the ruling party of India to take revenge on LTTE. Now
that revenge had been accomplished, it is high time for India to evaluate its
foreign policies. In recent months overnight so many retired army men from
IPKF turned into columnists occupying media space to support the Agenda for
Revenge, unfortunately forgetting that what their army did in Srilanka brought
about the turn of events and agendas for revenge.

To err is human but to kill our conscience and supporting Tamil Genocide is
behavior of brutes. We appeal to you to look at the list of massacres from
1956 to 2001 till the Norway brokered peace dawned in Srilanka.

1. Inginiyakala massacre [05.06.1956]

2. 1958 pogrom
3. Tamil research conference massacre 10.01.1974
4. 1977 communal pogrom
5. 1981 communal pogrom
6. Burning of the Jaffna library 01.06.1981
7. 1983 communal pogrom
8. Thirunelveli massacre 24, 25.07.1983
9. Sampalthoddam massacre 1984
10. Chunnakam Police station massacre 08.01.1984
11. Chunnakam market massacre 28.03.1984
12. Mathawachchi – Rampawa September 1984
13. Point Pedro – Thikkam massacre 16.09.1984
14. Othiyamalai massacre 01.12.1984
15. Kumulamunai massacre 02.12.1984
16. Cheddikulam massacre 02.12.1984
17. Manalaru massacre 03.12.1984

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18. Blood soaked Mannar 04.12.1984
19. Kokkilai Kokkuthoduvai massacre 15.12.1984
20. Vankalai church massacre 06.01.1986
21. Mulliyavalai massacre 16.01.1985
22. Vaddakandal massacre 30.01.1985
23. Puthukkidiyiruppu Iyankovilady massacre 21.04.1985
24. Trincomalee massacres in 1985
25. Valvai 85 massacre 10.05.1985
26. Kumuthini Boat massacre 15.05.1985
27. Kiliveddi massacre in 1985
28. Thiriyai massacre 08.06.1985
29. Sampaltivu 04 to 09.08.1985
30. Veeramunai massacre 20.06.1990
31. Nilaveli massacre 16.09.1985
32. Piramanthanaru massacre 02.10.1985
33. Kanthalai 85 massacre 09.11.1985
34. Muthur Kadatkaraichenai 08, 09, 10.11.1985
35. Periyapullumalai massacre in 1986
36. Kilinochchi Railway Station massacre 25.01.1986
37. Udumbankulam massacre 19.02.1985
38. Vayaloor massacre 24.08.1985
39. Eeddimurinchan massacre 19, 20.03.1986
40. Anandapuram shelling 04.06.1986
41. Kanthalai 86 massacre 04, 05.06. 1986
42. Mandaithivu sea massacre 10.06.1986
43. Seruvila massacre 12.06.1986
44. Thambalakamam massacres 1985, 1986
45. Paranthan farmer’s massacre 28.06.1986
46. Peruveli refugee camp massacre 15.07.1986
47. Thanduvan bus massacre 17.07.1986
48. Mutur Manalchenai massacre 18.07. 1986
49. Adampan massacre 12.10.1986
50. Periyapandivrichchan massacre 15.10.1986
51. Kokkadichcholai 87 massacre 28.01.1987
52. Paddithidal massacre 26.04.1987
53. Thonithiddamadu massacre 27.05.1987
54. Alvai temple shelling 29.05.1987
55. Eastern University massacre 23.05.1990
56. Sammanthurai massacre 10.06.1990
57. Xavierpuram massacre 07.08.1990
58. Siththandy massacre 20, 27.07.1990
59. Paranthan junction massacre 24.07.1990
60. Poththuvil massacre 30.07.1990
61. Tiraikerny massacre 06.08.1990
62. Kalmunai massacre 11.08.1990
63. Thuranilavani massacre 12.08.1990
64. Eravur hospital massacre 12.08.1990
65. Koraveli massacre 14.08.1990
66. Nelliyadi market bombing 29.08.1990
67. Eravur massacre 10.10.1990

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68. Saththurukkondan massacre 09.09.1990
69. Natpiddymunai massacre 10.09.1990
70. Vantharamullai 90 massacre 05, 23,09,1990
71. Mandaithivu disappearances 23.08.1990, 25.09.1990
72. Oddisuddan bombing 27.11.1990
73. Puthukkudiyiruppu junction bombing
74. Vankalai massacre 17.02.1991
75. Vaddakkachchi bombing 28.02.1991
76. Vantharumoolai 09.06.1991
77. Kokkadichcholai 91 massacre 12.06.1991
78. Pullumalai massacre 1983 1990
79. Kinniyadi massacre 12.07.1991
80. Akkarayan hospital massacre 15.07.1997
81. Uruthrapuram bombing 04.02.1991
82. Karapolla Muthgalla massacre 29.04.1992
83. Vattrapalai shelling 18.05.1992
84. Thellipalai temple bombing 30.05.1992
85. Mailanthai massacre 09.08.1992
86. Kilali massacre 1992, 1993
87. Maaththalan bombing 18.09.1993
88. Chavakachcheri Sangaththanai bombing 28.09.1993
89. Kokuvil temple massacre & bombing 29.09.1993
90. Kurunagar church bombing 13.11.1993
91. Chundikulam 94 massacre 18.02.1994
92. Navali church massacre 09.07.1995
93. Nagarkovil bombing 22.05.1995
94. Chemmani mass graves in 1996
95. Kilinochchi town massacre 1996 1998
96. Kumarapuram massacre 11.02.1996
97. Nachchikuda strafing 16.03.1996
98. Thambirai market bombing 17.05.1996
99. Mallavi bombing 24.07.1996
100. Pannankandy massacre 05.07.1997
101. Kaithady Krishanthi massacre 07.09.1996
102. Vavunikulam massacre 26 09 1996, 15 08 1997
103. Konavil bombing 27.09.1996
104. Mullivaikal bombing 13.05.1997
105. Mankulam shelling 08.06.1997
106. Thampalakamam massacre 01.02.1998
107. Old Vaddakachchi bombing 26.03.1998
108. Suthanthirapuram massacre 10.06.1998
109. Visuvamadhu shelling 25.11.1998
110. Chundikulam 98 bombing 02.12.1998
111. Manthuvil bombing 15.09.1999
112. Palinagar bombing and shelling 03.09.1999
113. Madhu church massacre 20.11.1999
114. Bindunuwewa massacre
115. Mirusuvil massacre 19.12.2000

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Appeal to the Conscience of Indian Leaders and Indian Government:

Having seen the list, and now Tamils having lost the freedom struggle, would
you say that Tamils will be treated as human beings within unitary Srilankan
State? Whether India will stand guarantee, or which nation on Earth can
assure Tamils a life with dignity within unitary Srilanka.

Now please 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
horses 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 “

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, is inbuilt in the minds of

Sinhalese. Cruelty is their creed. Barbarianism is their gospel. 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 watched
helplessly when civilians are killed in so called safe zones. World watched

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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, 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.”

7. Tamil struggle in fifties started with demand for a federal state. If

like USA, a federal model is brought in Srilanka that could be
considered by Tamils of Eelam and not the Indian model, which in
reality is a unitary state.

8. To ensure the safety of Tamils Srilanka must be forced to allow

Condominium .Condominium exists when over a particular territory
joint dominion is exercised by two or more external powers. In past
England and France exercised control and had rights over the territory
of New Hebrides between 1914 and 1980. This gave joint sovereignty
of France and Britain over New Hebrides. Historically in British India,
India had condominium over Srilanka, and to assure Tamils till the
historical wounds are healed and unity emerges, India can exercise
condominium over the North Eastern Provinces, which will act as
guarantee for Tamil lives against future genocide of Tamils. If not
India, USA can have condominium along with Srilanka.

9. India wants to safeguard its geo-political interests, and USA accepts

India as regional power in this region. In these circumstances, we urge
India to lobby with USA and Nations of the European Union, and
Democracies all over the world, member nations of United Nations to
help Tamils gain Tamil Eelam, which can be a Protectorate State
under India’s hegemony.

Fresh brain in Foreign Affairs Ministry must look for fresh initiative. I hope you
as true democrat will grasp whatever grain of truth exists in our logical
presentation on the challenges faced by India, and the course corrections we
had suggested to amend India’s foreign policy.

With regards
yours fraternally

N.Nandhivarman
General Secretary Dravida Peravai

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Nose-cut to India: Srilankan army delivers thanks
In the 11th special session of the UN Human rights council held on 26th
May 2009, Italy voted for probing Srilanka for its Tamil genocide. It is but
natural for all Italians to toe the official line of their homeland, but
unfortunately a political novice Madam Sonia Gandhi heading the Italian
Congress party directed India to join China and Pakistan in supporting
genocide. We mailed a detailed memorandum to a lawyer in International
Law, who happens to be India's news External Affairs Minister
Mr.S.M.Krishna. And he had done the right thing to advice Srilanka to
address to the root of the problem. For this voice of sanity, the insane
Srilankan army in its official website had hurled abuses. Let the leader of
Italian Congress Party answer to her conscience , on what India is going to
offer to Tamils if India had become unwanted guest after soaking its hands
in blood.
This is the article is written by the Sri Lankan army in the SL official
military website.http://www.defence.lk/new.asp?fname=20090601_07

A few excerpts from the article:"Apart from the SAIC countries there are
all kinds of Indian politicians giving us orders from India. According to the
Asian Tribune the most recent case is the new Indian Foreign Minister S. M.
Krishna who urged us to address the "root cause of the conflict" by
effective devolution of powers to all communities in the Island nation. I say
to Mr. Krishna "Who are you to tell us, a sovereign nation how to run
our country? You just mind your own business or wind up like that
woman Navi Pillai. The choice is yours.

To India we say that not only will there be no devolution of any sort
because it is the necessary and sufficient step to separation but also the Indo
Lanka Accord forced on us by India will be annulled and thrown out so that
we could cleanse this land of the last vestige of Indian hegemony. You
created the LTTE with the intention of annexing our land. We liquidated
what you created. You can annex the moon much easier than that. We thank
India for not voting against us at the UNHRC. We attribute it to the
wisdom of that very harmless and soft spoken intellectual Dr.Manmohan
Singh. There are many in India who would have loved to vote against us but
if that happened, India would have found it very uncomfortable to live
anywhere in Asia in particular at her present location with her neighbours.
She will then have to move the entire Indian sub continent to a location
near America where she would be under the protection of American
hegemony. That probably is why Japan decided to abstain though she was
originally for voting against Sri Lanka."

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Boyle, Fein charge Sri Lanka of
Genocide in Chennai seminar
[TamilNet, Tuesday, 09 June 2009, 02:20 GMT]

Francis Boyle, Professor of International Law at the University of

Illinois College of Law, and Bruce Fein, a Washington D.C. Attorney,
speaking at a seminar in Chennai organized by the International
Tamil Center Monday, reiterated charges of Genocide against the Sri
Lanka Government alleging massacre of more than 50,000 Tamil
civilians, sources attending the event said. While Prof. Boyle urged
India to file charges in International Court against Sri Lanka for
violating Geneva conventions, and to stop Colombo "to cease and
desist from all acts of genocide against Tamils," Fein stressed the
urgent need for the Tamils to reach a "consensus on their political
aspirations." The event was organized by Dr Panchadcharam, a
consultant physician from New York.
Full text of draft of Prof. Boyle's talk at the seminar follows:
THE RIGHTS OF THE TAMILS LIVING ON THE ISLAND OF
SRI LANKA UNDER INTERNATIONAL LAW AND PRACTICE

Introduction

There are two basic points I want to make: First, the Tamils living on Sri
Lanka have been the victims of genocide. Second, the Tamils living on Sri
Lanka have the right to self-determination under international law and
practice, including the right to establish their own independent state if they
so desire. And the fact that the Tamils living on Sri Lanka have been victims
of genocide only strengthens and reinforces their right to self-determination,
including establishing their own independent State if that is their desire.

Genocide

Article I of the 1948 Genocide Convention requires all 140 states parties to
immediately act in order “to prevent” the ongoing GOSL genocide against
the Tamils. One of the most important steps the 140 contracting states
parties to the Genocide Convention must take in order to fulfill their
obligation under Article I is to sue Sri Lanka at the International Court of
Justice in The Hague (the so-called World Court) for violating the 1948
Genocide Convention on the basis of Article IX thereto: “Disputes between

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the Contracting Parties relating to the interpretation, application or
fulfillment of the present Convention, including those relating to the
responsibility of a State for genocide or for any of the other acts enumerated
in Article III, shall be submitted to the International Court of Justice at the
request of any of the parties to the dispute.”Any one or more of the 140
states parties to the Genocide Convention (1) must immediately sue Sri
Lanka at the International Court of Justice in The Hague; (2) must demand
an Emergency Hearing by the World Court; and (3) must request an Order
indicating provisional measures of protection against Sri Lanka to cease and
desist from committing all acts of genocide against the 300,000 Tamils in
Vanni. Such a World Court Order is the international equivalent to a
domestic temporary restraining order and permanent injunction.

Once issued by the World Court, this Order would be immediately

transmitted to the United Nations Security Council for enforcement under
U.N. Charter article 94(2). So far the member states of the United Nations
Security Council have failed and refused to act in order to do anything to
stop the GOSL’s genocide against the Tamils (1) despite the fact that the
situation in Vanni constitutes a “threat to the peace” that requires Security
Council action under article 39 of the United Nations Charter and (2)
despite the fact that they are all obligated “to prevent” Sri Lanka’s genocide
against the Tamils under article I of the Genocide Convention. This World
Court Order will put the matter on the Agenda of the Security Council and
force the Security Council to take action in order “to prevent” the ongoing
genocide against the Tamils by Sri Lanka. Article II of the Genocide
Convention defines the international crime of genocide in relevant part as
follows:In the present Convention, genocide means any of the following
acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group such as:(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;
Certainly the Sinhala-Buddhist Sri Lanka and its legal predecessor Ceylon
have committed genocide against the Hindu/Christian Tamils that actually
started on or about 1948 and has continued apace until today and is now
accelerating in Vanni in violation of Genocide Convention Articles II(a), (b),
and(c).

For the past six decades, the Sinhala-Buddhist Ceylon/Sri Lanka has
implemented a systematic and comprehensive military, political, and
economic campaign with the intent to destroy in substantial part the
different national, ethnical, racial, and religious group constituting the
Hindu/Christian Tamils. This Sinhala-Buddhist Ceylon/Sri Lanka campaign
has consisted of killing members of the Hindu/Christian Tamils in violation

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of Genocide Convention Article II(a). This Sinhala-Buddhist Ceylon/Sri
Lanka campaign has also caused serious bodily and mental harm to the
Hindu/Christian Tamils in violation of Genocide Convention Article II(b).
This Sinhala-Buddhist Ceylon/Sri Lanka campaign has also deliberately
inflicted on the Hindu/Christian Tamils conditions of life calculated to
bring about their physical destruction in substantial part in violation of
Article II(c) of the Genocide Convention. Since 1983 the Sinhala-Buddhist
Sri Lanka have exterminated approximately 100,000 Hindu/Christian
Tamils. The Sinhala-Buddhist Sri Lanka have now added another 300,000
Hindu/Christian Tamils in Vanni to their genocidal death list. Humanity
needs one state party to the Genocide Convention to fulfill its obligation
under article I thereof to immediately sue Sri Lanka at the World Court in
order to save the 300,000 Tamils in Vanni from further extermination.

Self-determination

This gets into the second point that I want to make concerning the Tamils
as a group of people living on the Island of Sri Lanka – their right to self-
determination under international law and practice. And here I wanted to
quote from an international treaty to which the government of Sri Lanka is a
party, thus explicitly recognizing that the Tamils living on the Island of Sri
Lanka have a right of self-determination. This is from the International
Covenant on Civil and Political Rights, to which the government of Sri
Lanka is a party. They are bound by their own treaty, which says quite
clearly in Article One: “All peoples have the right of self-determination.”

And clearly, the Tamils living on the Island of Sri Lanka are a “people.” The
Tamils on Sri Lanka have a separate language, race, ethnicity, and religions,
from the GOSL. The Tamils see themselves as a separate group of “people”
and they are perceived to be such by the GOSL. For that precise reason the
GOSL has attempted to exterminate the Tamils and ethnically cleanse their
Homeland. So no better proof is needed than that. Both the objective
criteria and the subjective criteria for establishing a “people” with a right of
self-determination under international law and practice have been fulfilled
by the Tamils living on Sri Lanka.Let me continue enumerating a few more
of the most basic self-determination rights of the Tamils living on Sri Lanka
under international law that are recognized by this International Covenant
that the GOSL is a party to: “By virtue of that right they freely determine
their political status and freely pursue their economic, social and cultural
development.” Those are rights that the Tamils living on Sri Lanka have
today even as recognized by the government of Sri Lanka. Those are group
rights and not just individual rights. And those are group rights that must be
protected because the government of Sri Lanka has attacked the Tamils as a
group, not just as individuals. So, since Tamils have been victims as a group,

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they must be protected as a group. And one of the most basic rights of all
that the Tamils have to protect themselves is this right of self-determination
including determining their political status and pursuing their own
economic, social and cultural development, as well as the establishment of
an independent state of their own if that is what the Tamils decide is
required for them to accomplish these objectives. Another component of
this right of self-determination for the Tamils living on Sri Lanka is set forth
in paragraph (2) of this Article One of the International Covenant on Civil
and Political Rights, to which the government of Sri Lanka is a party. Notice
here I am only using the treaties the GOSL itself is a party to, including the
Genocide Convention. I am not citing any principles of international law
that the GOSL has not already recognized and indeed violated grievously
with respect to the Tamils living on Sri Lanka: “All peoples may, for their
own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic
cooperation, based upon the principle of mutual benefit, and international
law. In no case may the people be deprived of its own means of
subsistence.”

Yet we all know for a fact that the GOSL has done everything humanly
possible to deprive the Tamil people of their own means of subsistence to a
level that now constitutes genocide, in violation of that provision I quoted
before from the Genocide Convention prohibiting inflicting on a group
conditions of life calculated to bring about their physical destruction in
whole or in part. Notice these economic and political rights are related to
each other. Both elements of the right to self-determination must protect
the Tamils since they have been victims of genocide. We must protect their
political rights as well as their economic rights, to freely dispose of their
natural wealth and resources. The Tamil people, not the GOSL, must
control their traditional Homeland in the North and the East of the Island,
their farms, their mines, their plantations, their forests, their waters, their
beaches etc. This is critical. Yet today we know that the GOSL is currently
in the process of stealing, destroying and negating all these economic and
political rights of the Tamils in their traditional Homeland in the North and
the East of the Island of Sri Lanka. The GOSL is currently inflicting ethnic
cleansing on the Tamils living there. I have already established that the
Tamil people living on Sri Lanka have a right of self-determination, even in
accordance with the GOSL’s own treaties themselves. What are some of the
other political consequences of their right of self-determination? These are
set forth in what is known as the Declaration on Principles of International
Law Concerning Friendly Relations and Co-operation Among States in
Accordance with the Charter of the United Nations (1971). The government
of Sri Lanka approved this Declaration in the United Nations General
Assembly -- so I am not quoting here any provision of law that the GOSL

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has not already approved. And from the Declaration let me state what are
the political alternatives that are open to the Tamil people, and they are set
forth as follows: “[1] The establishment of a sovereign and independent
State, [2] the free association or integration with an independent State, or [3]
the emergence into any other political status freely determined by a people
constitute the modes of implementing the right of self-determination by that
people.”

So again, it is not for the GOSL to determine what might be the ultimate
political outcome here. It is for the Tamil people living on Sri Lanka to
determine which of those three options they desire. I also want to make it
clear that it is not for me to tell the Tamils on Sri Lanka which of these
three options they should choose. Moreover, it is not for the Tamils of India
to tell the Tamils on Sri Lanka which of these three options they should
choose. This is for them to decide pursuant to their right of self-
determination under international law and practice. However I do want to
note that historically the only way a people that has been subjected to
genocide like the Tamils on Sri Lanka have been able to protect themselves
from further extermination has been the creation of an independent state of
their own. Indeed as the world saw for the last several months the
government of Sri Lanka wantonly, openly, shamelessly, and gratuitously
exterminated over 50,000 Tamils in Vanni; yet not one state in the entire
world rose to protect them or defend them or help them as required by
Article I of the 1948 Genocide Convention. Hence the need for the Tamils
on Sri Lanka to have their own independent state in order to protect
themselves from further annihilation by the GOSL. International law and
practice establish that an independent state of their own is the only effective
remedy as well as the only appropriate reparation for a people who have
been the victims of genocide.Now the Indian government has basically
argued that if it were to recognize the right of the Tamils on Sri Lanka to
self-determination and an independent state of their own, then the 60
million Tamils in Tamil Nadu would also assert that same right and proceed
to secede from India. I submit this is a false dichotomy under international
law and practice. It must not be used as an excuse for inaction by the
government of India when it comes to protecting the Tamils living on Sri
Lanka.

In this regard, let me return to the Declaration on Principles of International

Law Concerning Friendly Relations and Cooperation Among States that was
approved by both India and Sri Lanka and sets forth rules of customary
international law interpreting the terms of the United Nations Charter itself
as determined by the International Court of Justice in the Nicaragua case
(1986). In particular let me draw to your attention the following language:
“Nothing in the foregoing paragraphs shall be construed as authorizing or

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encouraging any action which would dismember or impair, totally or in part,
the territorial integrity or political unity of sovereign and independent States
conducting themselves in compliance with the principle of equal rights and
self-determination of peoples as described above and thus possessed of a
government representing the whole people belonging to the territory
without distinction as to race, creed or colour.”This paragraph of the
Declaration sets forth the rules of customary international law when it
comes to the right of a people to secede from another state by means of
exercising their right of self-determination. As you can see from the above
language secession is permitted only when a government does not conduct
itself “in compliance with the principle of equal rights and self-
determination of peoples” and thus does not represent “the whole people
belonging to the territory without distinction as to race, creed or colour.”

From its very foundation in 1948 the government of Ceylon/Sri Lanka has
never conducted itself “in compliance with the principle of equal rights and
self-determination of peoples” with respect to the Tamils. Furthermore, the
government of Ceylon/Sri Lanka has never represented “the whole people
belonging to the territory without distinction as to race, creed or colour”
with respect to the Tamils. In fact the government of Ceylon/Sri Lanka has
always discriminated against and persecuted the Tamils on grounds of race,
creed, colour, and language. This endemic pattern of criminal behavior by
the Sinhala has now culminated in wholesale acts of genocide against the
Tamils being inflicted by the government of Sri Lanka. So of course the
Tamils have the right to secede from Sri Lanka under international law and
practice and especially under the terms of this Declaration.

Conversely, the government of India does conduct itself “in compliance

with the principle of equal rights and self-determination of peoples” with
respect to the Tamils in Tamil Nadu and is thus “possessed of a government
representing the whole people belonging to the territory without distinction
as to race, creed or colour.” India just had elections where the Tamils in
Tamil Nadu participated on a basis of full equality with everyone else. The
Tamils in India have full legal equality with all other peoples in India and
indeed have their own state here in Tamil Nadu. Therefore in my opinion,
the 60 million Tamils in Tamil Nadu do not have a right of secession under
international law and practice according to this Declaration, which sets forth
the basic rules of customary international law on this subject.

Conversely, however, the Tamils living on Sri Lanka do have a right of

secession under international law and practice including this Declaration for
which both India and Sri Lanka voted. So with all due respect to the
position of the Indian government, it is a false dichotomy for it to assert
that recognition of the right of self-determination with an independent state

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of their own for the Tamils living on Sri Lanka would lead to the same for
the Tamils in Tamil Nadu. There is no basis in international law for this
conclusion.

Indeed, basic principles of international law including this Declaration

would fully support the territorial integrity of India in the event the
government of India were to recognize the right of the Tamils living on the
Island of Sri Lanka to self-determination including an independent state of
their own.

Conclusion

Be that as it may, even if out of an excess of caution the government of

India is not prepared to go that far at this time, nevertheless at a minimum,
since it is the original homeland for the Tamils, the government of India has
the right, the obligation, and the standing under international law and
practice to act as parens patriae for the Tamils living on Sri Lanka.
Therefore, India must immediately sue the GOSL for genocide at the
International Court of Justice in The Hague, demand an Emergency Hearing
of the Court, and request that the World Court issue a Temporary
Restraining Order against the GOSL to cease and desist from committing all
acts of genocide against the Tamils living on Sri Lanka. The ghosts of
Dachau, Auschwitz, Cambodia, Sabra and Shatilla, Srebrenica, Rwanda,
Kosovo, and now Vanni demand no less!

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