Is the international community aware of the hypocrisy of sri lanka?

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TAMIL CENTRE FOR HUMAN RIGHTS – TCHR / CENTRE TAMOUL POUR LES DROITS DE L'HOMME - CTDH

IS THE INTERNATIONAL COMMUNITY AWARE OF THE HYPOCRISY OF SRI LANKA?







Is the International Community

aware of the Hypocrisy of

SRI LANKA?

 

 



 

Appeal to the

UN Human Rights Council

 

 



 

Appel à la prise de conscience du

Conseil des Droits de l'Homme - Nations Unies

 

 



 

Llamado para reacción urgente del

Consejo de Derechos Humanos-Naciones Unidas

   
Website : www.tchr.net

   

9th session / 9ème session / 9° período de sesiones

08/09/2008 -- 26/09/2008

  

LOGO

  

Tamil Centre for Human Rights - TCHR

Centre Tamoul pour les Droits de l'Homme - CTDH

Centro Tamil para los Derechos Humanos

(Established in 1990)

 

Hypocrisy of Mahinda Rajapaksa


There is no ethnic conflict in Sri Lanka

as some media mistakenly highlight”

Mahinda Rajapaksa to the Los Angeles world Affairs Council – 28 September 2007

“Ladies and Gentlemen, our goal remains a negotiated and honourable end to this unfortunate conflict in Sri Lanka. Our goal is to restore democracy and the rule of law to all the people of our country. 54% of Sri Lanka’s Tamil population now lives in areas other than the north and the east of the country, among the Sinhalese and other communities. There is no ethnic conflict in Sri Lanka - as some media mistakenly highlight. Sri Lanka’s security forces are fighting a terrorist group, not a particular community.”

“I see no military solution to the conflict. The current military operations are only intended to exert pressure on the LTTE to convince them that terrorism cannot bring them victory.” (Excerpt)

http://www.president.gov.lk/speech_latest_28_09_2007.asp
* * * * *

....We are equally committed to seeking a negotiated and sustainable solution to the conflict in Sri Lanka”


Mahinda Rajapaksa to the Hindustan Times Leadership Summit

at New Delhi on 13 October 2007
“It is necessary for me to repeat here that while my Government remains determined to fight terrorism, we are equally committed to seeking a negotiated and sustainable solution to the conflict in Sri Lanka. If those who carry arms against the State are willing to enter a process of genuine negotiation towards a peaceful and democratic solution, the government and the people will reciprocate. In this, it would not be out of place to look forward to understanding and assistance from our regional neighbours and friends, especially those with whom we share the strongest bonds throughout history. We will see in such understanding and assistance the true signs of emerging greatness”. (Excerpt) http://www.president.gov.lk/speech_latest_13_10_2007.asp
* * * * *

We are still ready to talk,..”



Mahinda Rajapaksa’s speech at Oxford Union – 14 May 2008

“As our forces seek to defeat and disarm the LTTE, we are firm in our resolve to have a negotiated solution to the crisis in Sri Lanka. I do not believe in a military solution. We have attempted talks with the LTTE on several occasions – thrice since my election as the President – but they have not reciprocated. They have always left the talks with lame excuses. We are still ready to talk, once we are certain of their genuine intent for a political solution… and their readiness to give up arms”. (Excerpt) http://www.president.gov.lk/speech_New.asp?Id=51

* * * * *

They must give up arms, and give up terrorism”
Sunday Observer, 13 July 2008 - Answering a question about a statement by the LTTE's Political Wing leader, Nadesan, that the Government was not willing to reopen negotiations, President Rajapaksa said the government was ready even today.
"I am ready today. Let them keep their weapons down, because whenever they are weak they are ready for talks."
Asked about possible deadline for talks with the LTTE, President Rajapaksa said there was no deadline as it was up to the LTTE. "From my side, we are ready. Only, they must give up arms, and give up terrorism. You know the problems you have in your own country with terrorists and terrorist organisations." (Excerpt)

http://www.defence.lk/new.asp?fname=20080713_01

* * * * *

   


TCHR participation in United Nations

World conferences and other meetings

 

*       The Tamil Centre for Human Rights (TCHR) officially participated in the 61st annual DPI/NGO conference in UNESCO, Paris, 3-5 September 2008.

 

*       TCHR is a registered participant in the European Social Forum 2008 in Malmo, Sweden 17-21 Sept 2008.
*       TCHR officially participated in the ‘United Nations 7th Global Forum, Re-instating good governance’, in Vienna, Austria 26-29 June 2007.

 

*       Members of TCHR participated in the World Federation of United Nations Associations (WFUNA) seminar in Geneva, Switzerland, 29-31 July 2007.

 


*       TCHR officially accredited to participate in the United Nations Conference on Anti-corruption Measures, Good Governance and Human Rights, in Warsaw, Poland 8–9 November 2006.

 

*       A meeting was held on 7 March 2006, in the European Parliament – titled "EU contribution to the peace process in Sri Lanka". This was jointly organised by TCHR and Mr. Robert Evans, a member of European Parliament and of Labour Party in UK.

 

*       Accredited by the United Nations to participate in the World Summit on the Information Society – WSIS in Tunisia, 16 – 18 November 2005.

 

*       Officially participated in the NGO forum of the UN World Conference Against Racism – WCAR in Durban, South Africa, from 28 August to 1 September 2001. TCHR held an information stall including an exhibition at the forum. The TCHR representatives also attended the main WCAR conference held in Durban, 31 August to 7 September 2001.

         (http://www.tchr.net/reports_wcar_detail.htm)

 

*       A meeting was held on 14 October 1998, in the European Parliament – titled "Press censorship in Sri Lanka". This was jointly organised by the Tamil Centre for Human Rights (TCHR) and Ms. Anita Pollack, a member of European Parliament and of Labour Party in UK.

 

*       In 1993, TCHR held an information stall and a photo exhibition on human rights violations, in the United Nations 2nd World Conference on Human Rights held in Vienna, Austria, from 14-25 June.

 


*       TCHR participates in meetings of Treaty bodies and submits reports to the same.

 

 

Fact finding missions to the North East of the Island of Sri Lanka



 

*       May 2003 (http://www.tchr.net/report_studymission_2003.htm)

*       December 2003 – addendum report (http://www.tchr.net/report_studymission_2003add.htm)

*       July-August 2004 (http://www.tchr.net/reports_visite_2004.htm)

Head Office

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Email : tchrgs@hotmail.com

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Fax : + 33 - 1 – 42 67 54 36

Branches

Australia, Canada, Denmark, Norway, Switzerland, The Netherlands, United Kingdom

The President September 2008

Members and Delegates

Human Rights Council - 9th Session

United Nations

1211 Geneva 10, Switzerland

 

Distinguished Sirs / Mesdames

First of all, we extend our congratulations to you for your appointment as the Chairperson of the 9th session and the following sessions. We regularly report on the human rights violations taking place in the Island of Sri Lanka. Our reporting is based on indisputable facts, the authentic details of which we receive from our sources directly from the North East and other parts of the Island. The United Nations human rights monitoring bodies have appreciated the veracity of our reporting.

On a daily basis, over a hundred Tamils are being arrested and detained. The security forces and paramilitaries are given a free hand to abduct, arrest, rape and carry out arbitrary killings. Aerial bombing and artillery attacks on the civilian population are causing severe problems in the North.
The situation of the Internally Displaced People (IDPs) in the North East remains critical. Press freedom and freedom of expression are in peril in Sri Lanka. Journalists are arrested, tortured, abducted, disappeared and killed over-night.
International human rights law and international humanitarian law are being massively violated by Sri Lanka.
Impunity is a very serious problem. Many notorious human rights violators in the Security forces especially in the Army, Police and the Paramilitary have received the best promotions and appointments as Ministers and to high profile jobs in the government. The government of Sri Lanka encourages and allows the perpetrators to move freely in society - and the violations continue.

 

In the Northeast the human rights situation has been deteriorating for many long years. Genocide, cultural genocide, multiple displacements are occurring and a systematic economic embargo to the North East is starving the people.



 

First hand witnesses to these Crimes against humanity - hospitals full of child and adult casualties, cemeteries full of murdered bodies, camps full of displaced people, people starving due to the economic embargo and buildings destroyed in all parts of North East. The security forces have created “High Security Zones” in the densely populated residential areas of the Northeast and are occupying civilian homes and public buildings.


Misinformation is disseminated locally and internationally by the Sri Lankan government, to distort the real picture of what is happening in Sri Lanka.

Sirs / Mesdames, members and delegates will be aware that in October 2006, Diplomats of the European Union took the initiative and Finland as the holder of the EU presidency tabled a draft decision 2006/.....‖ (A/HRC/2/L.37) on Sri Lanka. Unfortunately, as anticipated by many, this was unsuccessful in earlier sessions. We fervently hope it will be successful during the current session. We urgently appeal to you and other distinguished delegates to seriously consider all available mechanisms to ensure rigorous and timely international scrutiny.

In addition, we urge this session to take immediate steps and prompt action to alleviate the humanitarian catastrophe that is being deliberately inflicted by the government of Sri Lanka on civilians in the North East.
Sir, being the President of the 9th session of the Human Rights Council, you can see that the international community is failing to take action against a government which even claims, “There is no ethnic conflict in Sri Lanka as some media mistakenly highlight” (Mahinda Rajapaksa to the Los Angeles world Affairs Council – 28 September 2007) and which perpetrates war crimes and crimes against humanity against a people who have been struggling for their Right to Self-determination for many decades.

 

We appeal to you to take immediate action during this session of the Human Rights Council.


Yours sincerely

S. V. Kirubaharan

General Secretary

The Right to Self-determination

Tamils of Sri Lanka (Ceylon)

Comparison with Kosovo

Tamil Centre for Human Rights – TCHR/CTDH – March 2008



Kosovo Tamil Eelam (North East)

UDI on 17 February 2008 (De-facto government for more than 17

years. Minimal initiative by the International Community to recognize the Tamils’

right to self- determination)

Sq. Kilo meters        10,887 km²                               19,509 km²

Coastal area ---- More than 400 km

Capital                           Pristina                                   Trincomalee

Annexed with             Serbia  in 1989                        Ceylon (Sri Lanka) in 1948


Conflicting peoples    Serbs vs Kosovars                   Singhalese vs Tamils

Population            2,000,000               (3,598,000 - census in 1979

(93% Tamils in the North East

Domination by         Serbs                Singhalese of Sri Lanka

Military Composition    100% Serbs                 99% Singhalese in all Forces

Colonisation                Kosovo region by Serbs            North East by Singhalese

Settlers                 ----- over 300,000 Singhalese colonists

Negotiations started 1989                            1927

Failed negotiations Several Between Sinhala and Tamil leaders

1927, 1971,1977-82,1985, 1986, 1989, 1994, 2003-2006

Abrogation of pacts yes Unilaterally abrogated by Sri Lanka

by State  Serbia-EU                          1956, 1965, 1987, 2002, 2005

Democratic mandate September 1991 & May 1992 1977 General elections - Tamils voted

overwhelmingly for independence

Armed conflict                March 1998                From July 1983, to date

Freedom fighters    Kosovo Liberation Army - KLA     Liberation Tigers of Tamil Eelam – LTTE

under the leadership of National Leader

Pirabaharan

Civilians killed           over 5000                                 over 100,000


Disappearances            over 4000                                 over 28,000 to date

Rapes                        20,000                                       over 12,600 to date

Mass graves               526                                   Many found in the North-East

Internally displaced   250,000 single displacement       over 800,000 multiple displacement

Refugees                      61,000                                     over 600,000 in western countries and India

Press & Freedom of Denied Denied

Movement

Property damaged         figures not known                    over eight billion US Dollars

Houses destroyed          128,000                                    over 300,000 To date

Attacks on religious bld 500                                        2375 (both Christian and Hindu-Saivites)

Villages demolished       figures not known                    over 500

Political prisoners     nearly 2000 (Dec.2001)                                   over 3000 (at present)

Kosovo Tamil Eelam (North East)

Ethnic cleansing / 1990 Since 1956

violence 1956, 1958, 1977, 1981, 1983 onwards

Economic embargo   not enforced              since 1987 with few intervals. Now in force

Forces Army Tamil Eelam

Army, Navy, Air force, Police and Auxiliary


Courts Judicial Development Division - JDD       Tamil Eelam Courts including an Appeal

Court and Law College

Human Rights institution Ombudsperson Institution of Kosovo         North East Secretariat on Human Rights -

NESOHR

Financial institutions   Banking and Payment Authority Bank of Tamil Eelam with many branches

of Kosovo - BPK

Education Kosovar education system Education Council of Tamil Eelam

Welfare & social Institution of social welfare Homes for the aged, widows, children and

Institutions war affected adults and children

Violation of signed UN Serbia has not signed Sri Lanka has violated

International instruments many UN Human rights             UN Charter, UDHR, ICCPR*, ICESCR,

instruments ICERD,CEDAW*, CAT and CRC*

Visit by High Commis. Visited Visited only the Sri Lankan government

for Human Rights administrated areas                                 

UN/EU intervention       yes                                          NONE

UN Resolutions           yes                               NONE

International Monitoring yes                               NONE

Visit by VIPs          yes   VIPs met with LTTE leadership

Spe.Rep of UNSec Gen.Mr Olaru Ottunu-1997

EU Commissioner – Mr Chris Patten

Norway’s Foreign Minister & Deputy

Norway’s Minister for Intern. Development

Norwegian special envoy – Erik Solheim

Japanese special envoy Yasushi Akashi

US Congressman – Danny Davis

Iceland’s Foreign Ministry official – Bjarni V

All EU and other Diplomats in Colombo

UNICEF Executive Director

UN Special Representative Allan Rock

UN Spec.Rapporteur–Extra-judicial killings

UN Spe.Rapporteur – Religious intolerance

Head of UN agencies in Colombo

VIPs visits Prevented        -------  SriLanka prevented visit to LTTE Admin areas

UN Secretary General Kofi Annan

His Royal Highness Prince Charles – UK

Ex-Presidents of USA W Bush and B Clinton

Secretary of State, USA

Prime Minister of Canada

Prime Minister of South Korea

Ministers from Japan, Netherlands, Finland, Germany and many other countries

UN High Commissioner for Human Rights

Spec. Rep of UN Sec Gen. Sir Holmes Spec. Rep of UN Sec Gen on IDPs

UN Sep. Rapporteur on Torture

(Updated from the TCHR reports submitted in March 2001 and March 2007)
ICCPR* - International Covenant on Civil and Political Rights

ICESCR - International Covenant on Economic, Social and Cultural Rights

ICERD - International Convention on the Elimination of All Forms of Racial Discrimination

CEDAW* - Convention on the elimination of Discrimination against Women

CAT - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment....

CRC* - Convention on the Rights of the Child


* optional protocols

Proposed solutions to settle the ethnic conflict
Year Type of political solution Result
1957 Banda-Chelva pact – Regional Councils Unilaterally abrogated by GOSL
1965 Dudley-Chelva pact – District Councils Unilaterally abrogated GOSL
1970 Proposals placed by the Tamil Federal Party Rejected by the GOSL

(A federal form of government with an autonomous

Tamil-Muslims state and three autonomous Sinhala states)
1979 Presidential Commission to report on This did not fulfil the Tamils’ aspirations.

(creation of District Development Councils) Not intended to provide a different

political or administrative structure for any particular part of the country


1983 All Party Conference TULF rejected these proposals as it was

(
Proposals merely extended the scheme of not the originally formulated set of

decentralization at District level to the proposals, known as Annexure – C.

Provincial level with limited co-ordination)
1985 In Thimpu - The devolution proposal by Sri Lanka Rejected by the Tamil representatives

(District councils without executive power)

Thimpu (principle) proposal placed by Tamils Rejected by the GOSL

(Homeland, Nationhood, Right to self-determination Talks collapsed because while the talks

and equal rights ) take place Sri Lanka renewed its military

offensive in the North East

1986 “19 December” proposal s by Indian envoys GOSL expressed reservations and


(Formation of a new Eastern Province by eventually rejected this proposal.

excising Sinhalese majority areas and the creation

of two Tamil Provincial Councils in the Northern and

the reconstituted Eastern Province)
1987 Indo-Lanka Accord (Provincial Councils) After 18 years, the Sri Lanka

(North and Eastern Provinces were merged under Supreme Court rejected this merger

this accord. 95% Tamils didn’t support this accord) 16 October 2006

1989-90 Premadasa Talks The holding of fresh elections in North East



(LTTE formed a political party-PFLT never took place. Prevented LTTE from

and prepared to contest in the elections) demonstrating its support from the people

in North East


1992-93 Parliamentary Select Committee Reports Eyewash to International Community (President D.B.Wijetunga said that there No progress was made

is no 'ethnic problem')

1995 Devolution Package Rejected by Buddhist Maha Sanga and



(Refused to recognise the existence of the other Sinhala political parties

Tamil homeland, rejected an asymmetric approach,

continued to treat all the provinces in the same way)
2003 ISGA proposal by LTTE Rejected by the GOSL and other

(Interim Self-Governing Administration) extreme Sinhala political parties


2005 Post Tsunami Operational Management Rejected by the Sri Lanka

Structure – PTOMS Supreme Court


Year Type of political solution Result

2007 All Party Conference* Not ALL political parties invited to

Sinhala political parities UNP, JVP, JHU participate in its discussions.

strongly against its proposals Tamil National Alliance, especially

was kept away.


*Mr. N. Satyendra, a scholar and legal expert who participated in the earlier political negotiations with GOSL, described the legislation as a "comic opera." The provisions of the 13th Amendment are impossibly "burlesque and farcical," he stated. Further Parliamentarians and academics described this proposal as ‘political mockery’.




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