Humanitarian Law Advocacy Group for Tamils Toronto, February 18, 2009

ADVOCACY STRATEGY

Discussion Paper

Humanitarian Law Advocacy Group for Tamils

Toronto, February 18, 2009

PURPOSE

This document proposes ideas and themes for discourse to Tamil Diaspora’s National and International Efforts to respond to the gross and systematic violations of International Humanitarian & Human Rights Law in Sri Lanka.  At this juncture, we advocate the Application and Enforcement of International Humanitarian Law and Fundamental Human Rights of Tamils in Sri Lanka.

STRATEGY

Goal :

To urge Member States of United Nations to call upon the competent organs of the United Nations to take such action under the Charter of the United Nations, Treaties and Customary International Law for Humanitarian Intervention in Sri Lanka in order to prevent and suppress gross and systematic Human Rights violations in Sri Lanka.

Objective

To urge our Government to use Diplomatic and Other Peaceful Means to prevent gross and systematic violations of Human rights in Sri Lanka. At the present time, there is a need to protect the Victims of Armed Conflict in terms of ‘Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977, specially children as in accordance with Convention on the Rights of the Child, 20 November 1989.

 Target Group      

•       Politicians and Policy Makers of our Host Countries

•       International Organizations

•       Non-Governmental Organizations

•       Interest Groups in Universities & Technical/Community Colleges

•       Media

Tools & Tactics

Maintaining relationships with Target Groups & Presenting reasons in support of Humanitarian Intervention (HI) on the basis of Ethical Consideration:

Questions for Thematic Area I (Ethical Justifiability of Humanitarian Intervention):

•       Are there conditions under which Humanitarian Intervention in Sri Lanka is morally imperative?

•       Is there clear Urgency for Humanitarian Intervention?

•       Is the government of Sri Lanka is unwilling or unable to take remedial action?

•       Is there a mapped-out transition to post-conflict peace building?

•       Is the purpose of Humanitarian Intervention limited to stopping the human rights abuses?

•       Will there be a high probability of success in meeting the threat in question, with the consequences of action not likely to be worse than the consequences of inaction?

•       Has our Host countries already used their diplomatic and other peaceful means to reduce the tensions, stop humanitarian crisis and avoid ongoing ethnic cleansing of the Tamil people in Sri Lanka? If so, are such means exhausted?

Maintaining relationships with Target Groups & Presenting Legal Justification for Humanitarian Intervention (HI):

Questions for Thematic Area II (Legality/Legitimacy of Humanitarian Intervention):

•       Does the stipulations contained in the Preamble of U.N. Charter offer potential backing for Humanitarian Invention in Sri Lanka?

•       Does Humanitarian Intervention fall within the prohibition of use of force contemplated in Article 2(4) of the U.N. Charter?

•       Does the Government of Sri Lanka violate International Humanitarian Law and Fundamental Human Rights of Tamils in Sri Lanka in process of Self-Defense? 

•       Is situation in Sri Lanka a threat to International Peace and Security?

•       Does the Ethnic Crisis in Sri Lanka amounts to Genocide as contemplated in the ‘The Genocide Convention’ and consequently, a threat to International Peace and Security? If so, can U.N. declare that massive violation of human rights is a threat to International Peace and Security and duly authorize humanitarian intervention under U.N. Charter?   

•       What should be the response of the International Community when faced with situation of catastrophic, internal human rights violations within a state that claims immunity from intervention based on long standing principles of national sovereignty? 

•       Is the Report, entitled “The Responsibility to Protect (R2P)”, presented by the Canadian Government sponsored ‘International Commission on Intervention and State Sovereignty’ (ICISS) to the U.N. Secretary General at the end of 2001 relevant to the situation prevailing in Sri Lanka? 

•       What lesson we learnt from Indian Intervention during 1987-1990 in Sri Lanka? Was it legally tenable?                    

Maintaining relationships with Target Groups & Proving that Humanitarian Intervention (HI) is Politically Possible:

Questions for Thematic Area III (Political Acceptability of Humanitarian Intervention):

•       Is Humanitarian Intervention in Sri Lanka supported by those for whom it is intended, including Tamil Diaspora?

•       Is there support of Regional States?

•       Is it necessary to explain clearly the purpose to Publics and the International Community?

•       Did  the Tamil Diaspora adopt a strategy to mitigate the prevailing frigidity of the International Community?

Maintaining relationships with Target Groups & ensuring action of our Government towards grave Human Suffering and massive Human Rights Violations in Sri Lanka:

Questions for Thematic Area IV (Non-Humanitarian Intervention):

•       Does our Government bear responsibility and take any steps to protect the victims of Armed Conflict in Sri Lanka from grave human rights violations?

•       Will our Government ensure International Presence in war-torn area to watch and record what has been happening?

•       Will our Government urge Diplomats representing the International Community to adopt a coherent and pro-active policy to prevent gross and systematic Human Rights violations in Sri Lanka?

•       Can Human Rights abuses in Sri Lanka be resolved by Diplomatic means?

•       Is the ‘Aid/loan-based Diplomacy’ no diplomacy?

•       Has Abuse of Sovereignty always been an issue in contemporary diplomatic relations? If so, should ‘Co-operative Diplomacy’ for the protection of interests of all should receive much attention?

•       Is ‘Co-operative Diplomacy’ applicable to diplomatic relations between Canada and Sri Lanka at this time?

•       Will our Government approach the Sri Lankan State with ‘Coercive Diplomacy’?

•       Did the British Prime Minister’s recent Diplomatic Move towards Sri Lanka, namely, appointment of special envoy to Sri Lanka, spark Diplomatic Row from Sri Lanka?

•       What ground-work the Tamil Diaspora did to avert backlash causing embarrassment to the British Prime Minister?

Meetings, Conferences & Conventions of the group:

•       To meet regularly to have discourse on Humanitarian Intervention and encourage involvement of our community members towards this end.

•       To organize Conferences and invite dignitaries to speak in order to create awareness among  International Community

•       To have Conventions and pass resolutions relating to our people in Sri Lanka

Materials:

•       A flyer could be produced based on factual information of the Sri Lankan Situation and provided to the target groups

COMPOSITION OF THE GROUP

The members of  ‘Tamil Diaspora’ constitutes the group. It may consist of:

•       Human Rights Activists

•       Peace Activists

•       Tamil Professionals/Academics/ & Entrepreneurs

•       Religious Leaders

•       Journalists

We note that ‘Tamil Diaspora’ is a social, political formation, created as a result of either voluntary or forced migration, whose members regard themselves as of the same ethno-national origin and who permanently reside as minorities in several host countries.  They believe that they should sustain a strong ethno-communal bond based on ongoing relationship with their homeland.