Wednesday 12 August 2020
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Legitimacy of Tamil Elam and justice for the genocide against Tamils, Palestine paradigm in the Indian Ocean

Legitimacy of Tamil Elam and justice for the genocide against Tamils, Palestine paradigm in the Indian Ocean


S. Iynkaran 

The United Nation Human Rights Council 40th Session of March 2019, made another resolution which offered Sri Lanka two more years to implement the human rights under taking, it made before the International Community in September 2015.

But Sri Lankan Foreign Minister, who head the Sri Lankan delegation for UNHRC session totally denied the reconciliation process by the international community and stressed for the domestic approach.

The following are the some of the facts which Sri Lanka never accept in the UNHRC road map for justice as stated by the Sri Lankan delegation.

  1. Denied the Tamil Civilian deaths of above 40,000 during the period of 2008-2009. Not wording Tamils Civilian deaths is also genocide Denial mechanism.
  1. Denied the relation between the missing of Prisoners and the mass graves. Where the mass grave soil and observation of biscuit packet made it clear it was recent.
  1. Denied the Hybrid Court for justice mechanism.
  1. Presented the false statistic about the lands occupation and release of land by the military. The most of the land in Jaffna are still occupied by the SL military and the owners were killed or kidnapped and made as missing list.
  1. Office of missing person establishment is a fooling mechanism and it is giving support for the Sri Lankan soldiers’ family whose relations were missing in action. Their families only receive the compensation. As far as Tamils are concerned it is biased and paradox.
  1. Sri Lanka Foreign Minister also stated nothing can be done beyond Sri Lankan Constitution and 2/3 Sinhalese majority at all. Sri Lankan constitution itself is a root of the cause for Tamils rights and conflicts who are the regional majority people in North and East of Sri Lanka. It is clearly said the need of legitimacy for Tamil Elam.
  1. Foreign Minister also said that Sri Lankan government needs its priority first. In another words it means that it will continue to suppress Tamils domestically by its constitution and its military.

Those who are experts in Genocide investigation shall easily understand that Tamil ethnic group in Sri Lanka is having problem with its own government which is continuously on denial of Genocide as the perpetrators.

But in this context, UNHRC Chief welcomed the Sri Lankan human right    commitments. It is not acceptable which is always zero. As far as Tamils are concerns they are the killers.

Further UNHRC chief expect the Sri Lankan government will help in the following ways in next two years.

  1. Establishing of a fully-fledged office of the UN Human rights High Commissioner to be set up in Sri Lanka to monitor and support the implementation of the government’s commitments to the UNHRC in terms of Resolution No.40/1.
  1. Setting up of a hybrid court
  2. To look into war crimes allegations.
  1. For international community to apply the principle of universal jurisdiction to Sri Lankan’s accused of crimes such as torture, enforced disappearance and war crimes.
  1. Vetting of human right violators from Sri Lankan Military.

But as far as Tamils are concern, we are the society victimized and urged the transitional justice. We need a broadest sense is concerned with criminal trials, truth and reparation.

Denial of the power structures are part of our victimization. The denial is not only by the Sri Lankan Government but also by the UNHRC Resolution also. Where a single word, is not mention that victims are innocent Tamil Civilian population and it is amount to genocide. Further we can point out the following facts.

  1. UNHRC process for justice is very slow with itself and Sri Lanka. In modern technological advances it is not acceptable unless safeguarding the culprits.
  1. UN resolution never mentions Tamil Civilian as the victimized society. This itself will mislead the whole process. Using the general term technically make ethnic reconciliation by helping  Sri Lankan Government continuous structural Genocide. The infrastructure development projects by the Sri Lankan government as mention by the Sri Lankan Foreign Minister in 40th UNHRC Sessions are being targeted for Colonization of Sinhalese in Mullaitheevu district and Vavuniya district and ethnically biased towards Tamil.
  1. Sri Lankan Foreign Ministry has ignored UN Resolution at 40th session and Sri Lankan President and Sri Lankan Prime Minister and Sri Lankan Opposition Leader of the Parliament also opposing the implementation. Sri Lankan Singhalese parliamentarians are threadening for “once more genocide against Tamils who urge justice with Hybrid judicial mechanism. There is a chance for Tamils shall be arrested for violating the Sri Lankan constitution in the context of UN resolution and Sri Lankan genocide to be continued without observers domestically.
  1. Welcoming the Sri Lankan government for its own crime masking mechanism by UNHRC by accountability process is not acceptable by Tamils since they are the killers and they vow publically that they will do it once again and they do protect their own culprits.
  1. UNHRC Neutrality is questioned by Tamils, Since Tamils are seeking justice for Crimes committed by the Sri Lankan forces, but UN has employed Sri Lankan forces in UN Peace keeping task, where itself also recorded war crimes. This will discourage the vetting process who have the bad human right record as mention by the UNHRC Chief in 40th Further 10 years has already past, after the Crime, where senior officers who had committed war crimes are already retired. So the vetting process will not punish any way the culprit.
  1. UNHRC Chief major recommendation in 40th Session has been already neglected by Sri Lankan President, Sri Lankan Prime Minister.

So far the above six reasons and more UNHRC road map for reconciliation and peace building has a U turn and it will escalate violence , war crimes, prisoner’s issue are not addressed genuinely even after 10 years of arm conflict. Tamils has been facing diplomatic conflict for last 10 years to get the justice.

The diplomatic conflict has escalated with Geneva 40/1 resolution where the plight of the Tamil victims’ journey in the grey zone with embracing complexity, nuance and empathy.

The President’s and Sri Lanka Prime Minister wording also made panic about the power structure of the Sri Lanka affecting the Tamils who are the regional majority ethnic group.

Colonization in Tamils’ traditional home land is being done by the Sri Lankan government and make others to accept its colonization concept under multi ethnic diversity where regional majority is vanning.

Since Sri Lankan Government itself is part of the conflict and they have repeatedly denied to accept UNHRC Resolution. Tamils has to make a way to end “the cycle of Impunity” by rendering justice and in determining guilt for the horrific crimes committed. The process of national reconciliation has failed.

Tamils have limited resources domestically to justice because the problem is the Sri Lankan government itself. Sri Lankan government has been involved in conflict with Tamils. Its Constitution itself is rejected by Tamils Constitution itself is part of a problem. It is difficult for anyone or any institution that is part of the problem to find a just solution to that problem.

It is particularly very difficult for a state to take action to especially where the legal principle of command responsibility may apply and reach the higher levels of the state. The wording of  Sri Lankan President and Sri Lankan Prime Minister echoing it Sri Lanka’s post conflict challenges with domestic approach is not accepted by Tamils.

National interest of Sri Lanka differs from Tamils National interest.  Sri Lankan constitution never allow room for investigate its own crime. This is mention by the Sri Lankan Foreign Minister in 40th UNHRC session in Geneva. He also fabricates the mass graves.

He also said “We have to get our priorities right”. And “Committed to find innovative and pragmatic solutions to protect the country’s National interest and the well-being of all Sri Lankans alike, but within the parameters of the provisions of the supreme law of the land which is constitution.

In these situation Tamils who are being victimized will need to seek recourse from those who are outside of the State and Governmental structures.

Indo Lanka Accord 29 July 1987 is one of the example where Tamils had expected justice outside the Sri Lankan Government.2019 UNHRC Session resolution male Tamils to seek justice outside the Sri Lankan government.

Indian delegate stressed to implement 13A which was the outcome of Indo Lanka Accord. Pakistan insist  to way for compensation for victims, as compared to Kasmir, victims by the Pakistan Prime Minister in the mist of Indo Pakistan conflict. Tamils have room in Pakistan for study the justice mechanism as a minority community suppress by the State like in Kasmir.

There is no democracy in Tamil Traditional homeland. Government has utilized the governors’ administration as a tool for hiding war crimes by incorporating military agenda and Buddhist Agenda. Northern Provincial Governor is acting for it also represent in Sri Lankan delegate. He is now threatening the public by media with other               Sri Lankan government and opposition leaders for not to have hybrid court.

So UNHRC Resolution about Sri Lanka in March 2019 has made Tamils to move for Independent International Tribunal for Genocide as a fast track reconciliation and peace building mechanism. UNHRC Resolution made the Sinhala perpetrators emotionally for “Once more Genocide” as happen in July 83.

So Tamils have to make a way to set an Independent International Tribunal for allied Genocide. It will give as a Legitimacy of Tamil Elam and justice for genocide, by a Palestine Paradigm in Indian Ocean.

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