UNITED NATIONS SECURITY COUNCIL URGED TO INITIATE PROBE ON TAMIL GENOCIDE

UNITED NATIONS SECURITY COUNCIL URGED TO INITIATE PROBE ON TAMIL GENOCIDE                             

14.05.2009

The President

THE UNITED NATIONS SECURITY COUNCIL and Member Nations

THE SECRETARY GENERAL,

UNITED NATIONS ORGANIZATION

UN Head quarters

First Avenue @46th Street

NEW YORK NY 10017, USA

Respected President of the Security Council

Respected Secretary General

Respected Permanent Representative of the Member Nations

We are from India and we are Tamil kinsmen of the uprooted refugees scattered all over the globe and our ethnic group is facing genocide in Srilanka. We in India could only shed tears of blood but want to ask the international community one question: Are we not humans? We wonder where has the conscience of the world gone?

Today reports say some how overcoming the hurdles to arrive at consensus in the Security Council a unanimous resolution officially had been reached on the Tamils issue. We thank all members for this initiative and USA, UK, France behind this diplomatic breakthrough, though certain remarks on the freedom fighters makes us realize that Tamils have yet to diplomatically drive home our legitimate grievances.

During the battle of the Stalingrad, brave men and women of then Russia faced the siege of the Adolph Hitler’s army, but while whole townspeople got killed leaving very few  who withstood the siege eating even the human flesh of the dying ultimately defeating the Nazi army. It is unfortunate that such Russia remained soft towards the Neo-Nazi of 21st century Mr.Mahinda Rajapakshe till today the day of consensus. The Battle of Vanni when independent sources write is more or less the Battle of Stalingrad, our Russian people will understand in future.

The Communist Party of India which was in forefront of struggles against Srilanka in the Indian state of Tamilnadu remained totally silent. It could have appealed to Russian Communist party which would have brought a heart change of Russia, but conveniently forgot to do so.

China in view of its total support by way of arms to Srilanka backed Srilanka to hilt. The Communist Party of India [Marxist] owing allegiance to Chinese line since undivided Communist party split in India, was in selective amnesia, not caring to apprise Chinese Communist Party on its historical blunder to support Tamil genocide.

Even a state declared by USA as terrorist state, had been backing the Srilankan terrorist state, yet to be declared so  when the day world’s media  and UN agencies gets access to the theatre of war.

We still remain depressed over the inaction of the United Nations to come to the rescue of our kinsmen.

The UN could have arranged for airdropping of food to the besieged Tamil people. In history nowhere we have seen people made to starve and starvation to death had been used as weapon in war, while world’s conscience was watching helplessly.

 Francis Boyle, Professor of International Law at the University Of Illinois College Of Law said that under the Geneva Conventions and Protocol, 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, is a must. But UN and its member nations are delaying a decision for too long, before it is too late to act.

We now urge the UN Security Council to understand that Srilankan President Mr.Mahinda Rajapakshe is resorting to starvation of civilians, as a method of warfare, which constitutes an act of genocide as defined by Article II (c) of the 1948 Genocide Convention.

 "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 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.

 Therefore, every state party to the Geneva Conventions and Protocols as well as to the Genocide Convention has the solemn obligation to terminate Srilanka's starvation of Tamils as a method of warfare.

United Nation’s Peace Keeping Force must have been inducted before calling the freedom fighters to lay down weapons. Instead asking to surrender to the criminals sponsoring state terrorism is not natural justice, neither is it prudence.

We would like to draw the attention of the United Nations Security Council that it is wrong to place all its responsibilities on India, being a regional power. India could not halt the war. Further India had played active role in attempting to resolve the crisis in past and its efforts were in vain. The Indo-Srilanka agreement to establish peace and normalcy in Srilanka signed in July 1987 is a total failure. The Srilankan Government killed the spirit of the agreement before the ink got dried. To implement the accord, then Indian Prime Minister Mr.Rajiv Gandhi sent the Indian Peace Keeping Force. Simultaneously the LTTE agreed to cessation of hostilities and began to hand over weapons to IPKF. The first and irreparable crack in the accord opened when the Government of Srilanka violated the General Amnesty granted under the accord “to political prisoners now held in custody under the Prevention of Terrorism Act and other Emergency laws, and to combatants, as well as to those persons accused, charged and /or convicted under these laws” [ clause  2.11]

The Srilankan Government interpreted that the amnesty did not apply to persons who committed offences outside the north and eastern provinces of Srilanka and withheld amnesty to 1250 Tamil political prisoners. This made the LTTE suspend surrender of weapons. This past must be borne in mind, by President of United States Mr. Barrack Obama, who pleaded for general amnesty. Srilankan Government could never be trusted. Further then the IPKF which went as mediator handed over Tamils to Sinhalese for ceasefire violations, and those Tamils got killed, thereby the neutrality of IPKF became a question mark in Tamil minds resulting in clashes between IPKF and freedom fighters. The then Chief Minister of Indian State of Tamilnadu Dr.M.Karunanithi refused to receive the IPKF when it landed in Chennai, capital of Tamilnadu, registering the unhappiness of Indian Tamils over the failed mission where friends instead of saving Tamils from enemies turned towards the friends of India. In view of this UN Peace Keeping Force without Indian contingent alone will appear credible before the eyes of besieged freedom fighters of Tamil Eelam. If after sending UN Peace Keeping Force and if UN is in a position to guarantee the safety of those who surrender under General Amnesty, then UN can expect LTTE to comply with their request to surrender. Till such climate arrives mere lip service will not end Tamils agony.

 The European Union Parliament on 12th March 2009 passed a resolution, with a large majority, calling for immediate ceasefire between the Sri Lanka Army and Liberation Tigers of Tamil Eelam in order to allow the civilian population to leave the combat zone. Condemning all acts of violence against civilians in the safe zone and expressing serious concern for the plight of the people in the refugee camps run by the Sri Lankan government, the EU Parliament demanded full and unhindered access to international and national humanitarian organizations, as well as journalists to the combat zone and to the refugee camps.

The EU resolution calling for immediate ceasefire without any conditions and expressing concern not only for the plight of civilians in the safe zone, but also for the inmates of the internment camps run by Colombo was passed by 358 votes to 232. This took place in March. Even after European Parliament took first step, UN Security Council belatedly today i.e. in May 2009 only had arrived at a unanimous resolution, and those lives of Tamils killed by chemical weapons and other weapons of mass destruction had to be paid as a price to open the eyes of the United Nations.

We perused few resolutions of the United Nations Security Council Resolutions. Resolutions 1897 of 2009 on Western Sahara, 1870 being Secretary General’s Report on Sudan, 1869 on Bosnia and Herzegovina, 1868 on Afghanistan, 1867 on Timor-Leste, 1866 on Georgia, 1865 on Cote d l’ivorie, 1864 Secretary General report to President of Security Council, 1863 on Somalia, 1862 on peace and security in Africa, 1861 on Chad in Central African Republic and 1860 on Middle East i.e. Palestine. These resolutions in the time every minute our Tamils being killed and Tamils protesting all over the world have no space for Tamils. And now the Security Council had at last passed a resolution, we urge Security Council to urge the International Court of Criminal Justice to probe the crimes of genocide aimed at total annihilation of Tamils in Srilanka.

UN website reports:

The Lanka: Thousands Caught in Conflict 

5 May 2009: According to reports from those remaining inside the conflict zone, fighting has intensified with both light and heavy weapons being used, according to OCHA quoted during the daily noon briefing at UN Headquarters in New York. As of today, more than 188,000 people have crossed out of the conflict zone, with the vast majority accommodated in Internally Displaced Persons camps in Vavuniya.  Over 186,000 are in camps, and some 1,700 wounded and their caregivers are in hospitals. Some 50,000 or more people are still trapped in the conflict zone

In Vavuniya, there have been positive developments in addressing basic needs for the influx of IDPs. Among them, the World Food Programme has been able to accelerate food distribution in Vavuniya, and the Government of Sri Lanka has agreed that cooked meals should be provided at Omanthai screening point. In Jaffna, response in the camps has been stepped up in the area of health, including the treatment of chicken pox, the provision of toilets, hygiene kits, temporary teaching space and supplementary food. Also, work to protect civilians and to facilitate family reunifications is ongoing. Asked about reports of shelling, the UN Spokeswoman said that the United Nations was unable to confirm such reports independently, but added that it remains particularly concerned about the situation of the estimated 50,000 remaining civilians in the area, who are believed to be at serious risk. The United Nations also remains concerned about heavy fighting, she said.

Food, water and other basic supplies from United Nations agencies and non-governmental organizations were en route on 30 April to help some 175,000 civilians, while 4,500 family-sized tents had been set up in the past four days by the United Nations High Commissioner for Refugees (UNHCR), said UN Emergency Relief Coordinator, John Holmes during a 29 April press conference in New York.

Mr. Holmes also said he had met with President Mahinda Rajapaksa and key Government ministers in the nation’s capital, Colombo, on Monday to push for a “humanitarian pause” in the fighting and give United Nations and other aid laborers sufficient time to unload and distribute essential supplies.  However, Sri Lankan officials had rejected that request.

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. There have been statements from UN Secretary General on Tamils plight but Sir; we are hurt to term it lip-service. The Secretary General should have found time to visit Srilanka, unfortunately for Tamils he has no time to spare, our Tamils express in anguish...

Prof. Boyle of University of Illinois College of Law and an expert in International Law, points out that "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. Consequently, the U.N. Secretary General has a Charter obligation to immediately visit Sri Lanka and do all in his power “to prevent" the Government's on-going genocide against the Tamils as required by the peremptory norm of international law set forth in Article I of the 1948 Genocide Convention.

We Tamils from India are now fully aware that over our catacombs the racist regime of Srilanka will hoist its victory flag after converting whole Tamil race that live in Srilanka, as slaves of 21 st century. UN as usual will act belatedly, as past track record shows. Hence we request you to send the case of Tamil genocide to the International Court of Criminal Justice.

We know that Srilanka and shamefully our India are not signatories to the Rome Statute. International Criminal Court of Justice is governed by the Rome Statute which has reached consensus on genocide, crimes against humanity and war crimes. Since Srilanka is not a signatory to a statute signed by 120 countries, it had done that purposely since it has been pursuing genocide and war crimes from 1983, we urge the Security Council to refer our complaint to the Public Prosecutor of the International Criminal Court of Justice for investigating the Srilankan President Mahinda Rajapakshe’s genocidal war.

The Public Prosecutor through Rome Statute is conferred with proprio motu powers, but he cannot go ahead with a state that is not a signatory to the statute, hence we urge United Nations Security Council to ask the Public Prosecutor to start the investigations.

We are aware that crimes in Chad, Kenya, Afghanistan, Georgia, Columbia, and Palestine are being probed by the Public Prosecutor apart from Darfur and Sudan as directed by the Security Council under chapter VII of the United Nations charter. We Tamils are not being considered as human beings, we have started to arrive at this conclusion, because we only are singled out for genocide with impunity, with UN not coming to our rescue before it is too late.

We are aware that for crimes committed after 1st July 2002 The International Criminal Court of Justice can act, though the evidences we submit will involve crimes committed more than three decades.

Crimes against humanity

 Art. 7, Rome Statute of International Criminal Code describes these as: Murder, Extermination, persecution, enforced disappearances, torture, intentionally causing great hurt, great suffering, or serious injury to body or to mental or physical health, deportation or forcible transfer of population...

We wanted to compile complete list of criminal actions of Srilankan Government. Fortunately North East Secretariat on Human Rights had compiled a detailed list under the title: Lest we forgot: Massacres of Tamils 1956-2001.We are enclosing the PDF format of that genocide list up to 2001. In our subsequent mail by post we will be sending up to now along with the complaint to the Public Prosecutor of the International Court of Criminal Justice.

To substantiate the charges against Srilankan Government, instead of quoting Tamils who are inferior to animals as per the perception of Sinhalese, let me quote from a Sinhalese political leader. This is quoted to prove that Sinhalese governments have killed Sinhalese too in thousands in past, as told by the Sinhalese leader himself. State Terrorism is in their blood and veins, and for nations of the United Nations to forget this leads them to wrong conclusions. If probed in detail Srilanka can be branded as terrorist state. Their hatred for Tamils stands proven without an iota of doubt by their killing of hundreds of Indian Tamil fishermen over these years. The genocidal intent is proven here too. These Indian Tamils did not demand separate state. They were for centuries peacefully pursuing their professions. In the case of Pakistan if any Indian fishermen by accident stray into its waters, Pakistan arrests them and deports. But Srilankan trigger happy navy finds sadistic satisfaction in killing spree. We will submit these details to the Public Prosecutor of the International Court of Criminal Justice, later by mail.

Let the UN and members of Security Council know the peaceful Sinhalese mind also.Dr. Vickramabahu Karunaratne, General Secretary of the NSSP and the president of the Left Front in Sri Lanka, states:

The government, while discarding all appeals for a ceasefire is hell bent on finishing the LTTE. The LTTE cannot be finished as it is a movement in the hearts and minds of the Tamil people. It represents the strongest commitment to the Tamil right to self determination and Tamil freedom. Even those who disagree with the LTTE`s violent methods or with its political programme for Tamil liberation, still hail it as the most formidable opposition to Sinhala repression. So, it will be nonsense to think of eradicating the LTTE. UNP leaders led by the then Defense Minister thought of finishing the JVP by eliminating over fifty-thousand JVP suspects with the leadership. It is claimed that Wijeweera was burnt alive by a military group. But today modern dissidents of Wijeweera and other JVP leaders virtually run the government of Mahinda. The ghost of Wijeweera is behind the President at all times. Champika Ranawaka and Wimal Weerawansa today, represent the last political message of the Deshapremi Janatha Viyaparaya, the brainchild of Wijeweera. In that sense both Champika and Wimal are legitimate political children of Wijeweera. The rump JVP is left in the ditch without being able to go along with these two. It does not represent the JVP past or present. While howling for a better war it is barking at the government for repression! So we can count it out. But the real JVP represented by the chauvinist duo, Champika and Wimal, is doing great. So, the dream of the UNP leaders to eliminate the JVP has not been fulfilled.

Similarly the dream of Mahinda to eliminate the LTTE by brutal repression of all who are associated with the LTTE will be a void in the coming period. In the case of the LTTE, it represents the real anger of the Tamil people against discrimination, humiliation and oppression by Sinhala chauvinism. The JVP was correct to an extent. It protested about oppression of Sinhala society by the Anglo-Saxon Western upper classes. But it was and is wrong to the hilt in hating Tamil society for its demand for equality and self determination. Strangely enough it is the wrong side of the JVP that is flourishing today both inside and outside of the government. However the anger of the Tamil people over the ruthless attacks made by both the state and the pogroms cannot be dispersed by decimating the LTTE. The latter will enhance the hard feelings within Tamil society. It will pour out in the future not only in Lanka but also in India as a gigantic Dravidian movement.

After the economic crash in 1929, the capitalist system faced a massive crisis. Then the rise of Nazism and Hitler was for a purpose. Freud says in human history every crisis has demanded a human sacrifice and massive bloodletting. Taking the rule of Freud seriously one could say that the sacrifice made by the Tamils today is for the victory that will come in the future .Of course I am just speculating, but the truth is that Tamil consciousness in the world has expanded due to the repressive war of the Mahinda regime. The LTTE cannot be blamed for not surrendering to the Sinhala army of the chauvinist regime. If thousands die due to the attacks of the army the blame will squarely fall on the government and its masters.

So goes on a Sinhalese politician.

In the press conference on 13 th May 2009, Mr.Vikramabahu Kurunaratne said:

There is an international commotion about the blood bath and the human disaster in Lanka. It can lead eventually to an international intervention that could enslave every body. We called this press conference to make every body aware of the developing situation.

Government leaders claim that they have confined the LTTE activity to a very small area near Mulaitivu. It is said that the LTTE leadership and the last battalions are within the 15000 people caught in the Area. LTTE challenges these figures and say that around 120 000 are cornered in the limited area. UN says it is more than 50 000. Whatever it may be only access to food and other necessity for these people, is the ICRC shipment that supposed to arrive twice a week to this enclosure with the government permission. This shipment includes 25 metric tones of food and medicine, and the boat intake back is about 500 passengers. There are more than 2000 wounded and sick in the area waiting to go out but the government has not made any extra arrangement for that. While these people are confined to this hellhole the government is continuing its attacks. Shells and multi barrels are used day and nights. In the last few days over 2000 were killed and many more are injured.

 Government claims that LTTE is responsible for this misery and demands that Tigers should unconditionally surrender. But at the same time the government says that Tigers are criminals already convicted by Lankan and Indian courts. There for they will be punished accordingly. In that event there is no room for any discussion at all. Tigers are assumed to be just criminals and not even an indirect product of Tamil national problem. At the same time they have accepted that nearly 3000 LTTE cadres are in their custody. Burt nobody knows where they are. It is suspected that they are kept at some desolate place in Vanni. What is their fate is totally unknown. In the recent past many who were in state custody were killed by 'confrontations' made by the prisoners, when they were taken out of the place of imprisonment!  Among them some were LTTE suspects. In the past Wijeweera, a sinhala rebel was burned alive while he was in army custody. In that back ground if the LTTE leaders surrender their fate will be shameful humiliating death. It will be a severe discredit to the struggle and the Tamil people. In that reality we ask who has the right to demand the LTTE to surrender. We, the Left do not agree with the ferocious methods and the bourgeoisie politics of the Tigers. But they are Tamil liberation fighters and they have the right to be treated as such. Bogus demands of the government have no meaning. Government is demanding that the Tamil people be allowed to leave Tiger areas so that Tiger militants are left behind to be slaughtered by the army. Some lunatics blame Tigers for not agreeing to this demand! If these ladies and gentlemen are so committed to the innocent lives they should demand the government to agree to a genuine cease fire.

The people who have entered the Sinhala army zone are kept in military protected camps. These are open prisons without adequate facilities. No real information about the situation is available from independent sources. Those who divulge information obtained secretly, are punished or thrown out of the country. In such a situation there could be a large number of displaced Tamils who are willingly with the Tiger army. After all to a Tamil, misery under the Tamil army may be better than being a prisoner of the alien Sinhala forces. This tragic situation has developed in to an international uprising of the Tamil people, or more correctly a Dravidian universal protest. It is severely felt in India and spreading into the developed world. There are violent mass agitations every where. This could lead to an induction of foreign forces in Lanka.

 We must stop this debacle and blood letting. Sinhala soldiers are also killed and wounded in thousands. All of them are from poor peasant families. Misery spreads into all corner of the country. We demand that the government stop the war and go for a peace agreement now!

Time has come for world to realize that STATE TERRORISM, as practiced in brutal suppression of Sinhalese themselves in past is brought out to light by a Sinhalese politician.

If only international court of criminal justice initiates a probe all crimes against Srilankan civilians by Srilankan Government will come to light.

Hence we urge the United Nations Security Council to pass on our complaint to the International Court of Criminal Justice at Hague and urge the Public Prosecutor to initiate appropriate action.

Yours sincerely

N.Nandhivarman

General Secretary Dravida Peravai