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TNA rejects LLRC report as failing to meet international standards of accountability and right of victims to truth, justice and reparations

The Government of Sri Lanka suffered a big blow today when the Tamil National Alliance (TNA) which is the premier political party of the Sri Lankan Tamils rejected the report presented by the Lessons Learnt and Reconciliation(LLRC) that was appointed by the President Mahinda Rajapaksa as a domestic mechanism to probe past events related to the ethnic conflict and recommend proposals aimed at ensuring accountability and effecting ethnic reconcilation.

The TNA which described the LLRC report as inadequate in an interim assessment issued earlier has released a comprehensive , analytical final report consisting of 114 pages in two sections.

While welcoming the positive recommendations made in the LLRC report the TNA has said that the LLRC report has failed to fulfill “the need for an accountability process that meets international standards while delivering on the right of victims to truth, justice and reparations including guarantees of non-recurrence”

Citing the “government’s failure to institute a process that meets these benchmarks”

The TNA has also called pon the “International community to institute measures that will advance accountability and encourage reconciliation in Sri Lanka in keeping with the recommendations of the UN Secretary General’s Panel of Experts”

The Executive Summary, Preamble and table of contents of the TNA response to the LLRC report is given below:

RESPONSE TO THE LESSONS LEARNT AND RECONCILIATION COMMISSION REPORT

TAMIL NATIONAL ALLIANCE
January 2012

EXECUTIVE SUMMARY

i. As the elected representatives of the worst affected victims of the war, the Tamil National Alliance (TNA) has consistently maintained that genuine reconciliation in Sri Lanka is contingent on a credible accountability process that ensures the right of victims to truth, justice and reparations. On 15th May 2010, the President appointed the Lessons Learnt and Reconciliation Commission (LLRC) and held out to the world that this Commission would address accountability issues.

ii. The LLRC’s processes and practices have failed to win the confidence of the Tamil
community. The Commission also falls dramatically short of international standards
applicable to accountability processes.

iii. The ethnic and gender imbalance in the membership, the conflicts of interest and patent
lack of independence of the members, the general lack of competence of the majority of
members in International Humanitarian Law (IHL) and International Human Rights Law,
and the absence of any consultation whatsoever with the victims’ representatives and the
larger Tamil community with regard to its mandate, processes and practices, call the
independence and competence of the LLRC into serious doubt.

iv. Moreover, the LLRC’s methodology assigned relatively lower importance to victims’
perspectives. The LLRC was also under-resourced and understaffed for the task of
pursuing genuine accountability for violations during the last stages of the war. For
instance, the time the Commission spent gathering evidence in the North and East,
relative to the time spent in Colombo, was woefully inadequate. The Commission spent a
mere twenty-two days in the North and East in total, compared to the fifty-six days spent
on hearings in Colombo. The Commission often cited the lack of time as the reason for
cutting short the testimony of witnesses. In many cases, prospective witnesses were never
given the opportunity to testify and were requested to merely send in their concerns to the
Commission in writing.

v. The LLRC did not have an effective witness protection programme. To make matters
worse, the attitude of the members towards witness protection – reflected in the lack of
concern when witnesses complained of threats, and in the failure to ensure confidentiality
of in camera statements after the LLRC concluded its work – continues to severely
undermine the safety of witnesses in tangible ways. For instance, one witness from
Kalmunai, who complained of being tortured and sexually assaulted, was later summoned
to the Fourth Floor of the Criminal Investigation Department. This incident confirmed
that the government monitored the LLRC’s proceedings and that the anonymity of
witnesses was easily compromised. The climate of hostility prevailing in Sri Lanka
towards those who accuse the government of war crimes renders any accountability
mechanism futile unless witnesses and victims are convinced that testimony implicating
senior government functionaries in crimes will not be met with reprisals. Moreover, the
failure to seek video testimony of witnesses now living overseas deprived the LLRC of
the testimony of those who are relatively free of potential reprisals.

vi. The LLRC’s interim recommendations, issued more than a year ago, are yet to be
meaningfully implemented. The Progress Report released by the Inter-Agency Advisory
Committee appointed to ensure such implementation reveals nothing but the lack of
genuine progress. The failure of the government to implement these modest interim
recommendations signals, if not confirms, the government’s lack of commitment to
implement the Commission’s final recommendations.

vii. The final report of the LLRC was released through Parliament on 16th December 2011,
and purports to deal with a number of issues including those related to IHL. Yet the
LLRC disregards credible allegations made against the government with respect to
violations of IHL amounting to war crimes and crimes against humanity. These
allegations include deliberately underestimating civilian numbers in the Vanni in order to
deprive them of food and medicine; deliberately or recklessly endangering the lives of
civilians in No Fire Zones (NFZs); targeting civilian objects including hospitals; and
executing or causing the disappearance of surrendees.

viii. The LLRC’s approach and methodology in dealing with the above allegations is flawed
due to two main reasons: (1) the selective application of evidence, and (2) the failure to
apply the law to the facts.

ix. The Commission extensively cites the evidence of government doctors who worked in
hospitals within the theatre of conflict without any reference to the context within which
these doctors provided testimony to the LLRC (i.e. the fact that they were taken into
custody, after which they publicly recanted their earlier statements on the situation during
the final stages of the war). Thus, the credibility of the evidence provided to the LLRC by
these doctors was heavily compromised. The Commission failed to call for crucial
evidence in terms of Unmanned Aerial Vehicle (UAV) footage, videos of aerial attacks
and military logs – particularly since military witnesses acknowledged that every attack
was videotaped and received the official sanction of the commanders. The LLRC also
failed to consider the significance of population estimates provided by the then
Government Agent for Mullaitivu, or consider the authenticity of a letter sent by the
Commissioner General of Essential Services to the Government Agents in the Vanni
directing them to refrain from requesting international agencies for food. Crucially, the
Commission failed to consider the fact that the Ministry of Defence had issued statements
in mid-February 2009 grossly underestimating the Vanni population. Such vital evidence
points towards a systematic attempt on the part of the government to prevent food from
reaching the starving population of the Vanni, and thus ought to have been closely
examined by the LLRC.

x. The LLRC also fails to correctly apply the law to the facts. It neglects to examine the
possibilities of violations of IHL and domestic law that are credibly alleged to have been
committed.

xi. The Commission erroneously concludes that the definitions of ‘civilian’ and ‘civilian
population’ in IHL are unclear. First, the LLRC ought to have elaborated upon the
definition of direct or continuous participation in hostilities and its implication on the
Principle of Distinction in order to ascertain the proper definition of ‘civilian’ in IHL.
The law is clear that whoever does not fulfil the criteria of direct participation in
hostilities is a ‘civilian’ and cannot be targeted. Instead of dealing with the law, the
LLRC seeks to divert attention to the ‘unprecedented’ nature of the Sri Lankan
experience. Yet the Commission does not justify why the criteria that have been adopted
to define the concept of ‘direct participation in hostilities’ are not applicable to the Sri
Lankan situation. Moreover, in defining the term ‘civilian population’, the Commission
makes no attempt to apply the jurisprudence of the International Criminal Tribunal for
the Former Yugoslavia (ICTY), which has held that the absolute ban on attacks against
civilians extends to a population that is ‘predominantly civilian’, and that ‘the presence
within the civilian population of individuals who do not come within the definition of
civilians [i.e. combatants] does not deprive the population of its civilian character.’

xii. The LLRC concludes that the government security forces did not deliberately target
civilians within the NFZs. While there is credible evidence that the LTTE did in fact
mingle with the civilians within the NFZs and prevented them from leaving, the only
narrative that the LLRC accepts is that the security forces had no choice but to respond to
LTTE attacks from within the NFZs. This analysis is flawed for a number of reasons.

xiii. First, it ignores established IHL principles with respect to the Principle of Distinction,
which hold that an attack remains unlawful if it is conducted simultaneously at a lawful
military object and an unlawfully targeted civilian population.

xiv. Second, the LLRC’s preferred narrative of ‘retaliation to LTTE attacks’ is an
unreasonable generalisation that does not apply to numerous accounts by victims of the
conflict, and particularly to the attack on the United Nations Hub at the Suthanthirapuram
junction located inside the first NFZ.

xv. Third, the Commission wrongly concludes that the actions of the security forces
complied with the Principle of Proportionality. The LLRC reaches its conclusion that the
attacks were proportionate without actually applying the test of weighing anticipated
military advantage against civilian loss. This test could not have been adequately
performed without a reasonable estimate of civilian casualties and damage to civilian
objects caused due to each attack. Moreover, the Commission does not examine in detail
whether the security forces could have used alternatives to the use of heavy weapons in
order to minimise civilian casualties, particularly in the case of the second and third
NFZs, where the government’s own stated position was that heavy weaponry was
unnecessary. The LLRC chooses to cite an obscure and irrelevant precedent set in 1990
by the International Centre for the Settlement of Investment Disputes (emphasis added)
to conclude that a re-construction of all the conditions under which the combat action
took place is next to impossible. Yet it failed to cite the jurisprudence of the ICTY, which
has unequivocally held that commanders must consider whether striking a target is
expected to cause incidental loss of life, injury to civilians, damage to civilian objects or
a combination thereof, which would be excessive in relation to the concrete and direct
military advantage anticipated. Accordingly, the ICTY has held that if such casualties are
expected to result, the attack should not be pursued.

xvi. Moreover, the LLRC fails to evaluate the implications of the unilateral declaration of the
second and third NFZs. In light of the experience with respect to the first NFZ and the
LTTE’s tactics of mingling with the civilian population, it could be easily inferred that
the government, at the time of declaring the second and third zones, was well aware of
the likelihood that civilians would be seriously exposed to harm. This inference gives
credence to the allegation that the government deliberately or recklessly lured civilians
into harm’s way by repeatedly declaring NFZs with the knowledge that such zones would
be subsequently attacked due to the LTTE’s presence within them.

xvii. The LLRC’s overall analysis of the allegations against the government reveals a fatal
contradiction. On the one hand, the LLRC unquestioningly accepts the narrative provided
by the security forces – that they carefully and meticulously planned each attack and used
sophisticated means to ascertain the precise location of civilians within the NFZs. The
LLRC also accepts the position of the government that strict procedures were followed
prior to each attack. Hence the military command was intimately aware of the nature and
precise location of each and every target. On the other hand, the Commission concludes
that the civilian deaths, which did in fact occur, were unintentional, and resulted from an
unprecedented situation where no other choice was possible. It also concludes that
decisions to return LTTE artillery fire were made in the heat and confusion of an armed
conflict by field commanders in situ, and thus could not be second-guessed. This
narrative of field commanders being left with no option but to return fire despite the
presence of civilians in the area that was being subjected to counter-attack contradicts the
LLRC’s position that attacks had been carried out within the NFZs only after careful
planning and with possession of intimate knowledge of the precise whereabouts of
civilians. Incidentally, it is also diametrically at odds with the internationally publicised
position of the government during the last stages of the war, which was that the use of
heavy weaponry was no longer necessary. If the location of civilians were known, then
their deaths could not be simply dismissed as unintentional without further investigation.
Hence the LLRC’s analysis is, at best, self-contradictory, and reflects its reluctance to
genuinely examine the allegations against the government.

xviii. A similar criticism may be levelled at the LLRC with respect to its analysis of the
allegation that the security forces deliberately targeted hospitals. While admitting that
hospitals were in fact shelled, the Commission concludes that, due to the non–availability
of primary evidence of a technical nature, it was not possible to reach a definitive
conclusion that one party or the other was responsible for the shelling. This position is
difficult to maintain given the purported precautions taken by the security forces to
minimise civilian casualties. Evidence before the Commission revealed that the security
forces had at their disposal ‘state of the art’ surveillance devices that enabled them to
closely monitor the conflict zone, often in ‘real time’, in order to monitor the movements
of the civilians with a view to avoiding civilian casualties. Yet the Commission failed to
call for such surveillance footage or to recommend further investigations into the shelling
of hospitals.

xix. The LLRC admits to over a thousand cases of alleged disappearances of persons after
surrender to or arrest by security forces. Hence it recommends that a Special
Commissioner of Investigation be appointed to investigate alleged disappearances and
provide material to the Attorney General to initiate criminal proceedings as appropriate.
However, the LLRC makes it clear that, in its opinion, these disappearances are isolated
incidents perpetrated by a few. The Commission comes to this conclusion despite
specifically conceding its lack of capacity to conduct investigations. In fact, during public
hearings in Puttalam, the Chairman of the LLRC refused to interpret its mandate as
contemplating any investigative functions. Without even so much as acknowledging an
investigative function, the LLRC still went on to conclusively determine that over a
thousand incidents, many taking place in the space of just a few days between 17th and
20th May 2009, were isolated and unconnected, and not systematic. Such a
mischaracterisation is prejudicial to any future investigation, and is cynically aimed at
countering allegations of war crimes and crimes against humanity with respect to the
systematic practice of enforced disappearances and the execution of surrendees.

xx. The LLRC does not adequately deal with the issue of the scale of civilian casualties
during the final stages of the war, particularly given its own admission that it was a ‘key
question’ confronting it and ‘crucial to its mandate.’ The LLRC heard specific evidence
from two key sources – the Bishop of Mannar, Rt. Rev. Dr. Rayappu Joseph and Ms.
Imelda Sukumar, who served as the Government Agent (GA) for Mullaitivu during the
relevant time – in relation to the number of civilians trapped in the NFZs. While the
Bishop of Mannar cited official figures from the Kachcheris of Mullaitivu and
Kilinochchi placing the number of persons residing in the Vanni in early October 2008 at
429,059, the GA for Mullaitivu herself testified that there were approximately 360,000
civilians remaining in the NFZ in the Puthumattalan area in January 2009. Given that
only 282,380 civilians came out of the Vanni into government-controlled areas, the
number of persons unaccounted for remains between 75,000 and 146,679. Even in the
light of this compelling evidence placed before it, the LLRC does not acknowledge the
number of civilians unaccounted for, or the likelihood that a majority of these civilians
died during the final stages of the war.

xxi. The LLRC deals with a number of human rights issues including allegations concerning
missing persons, disappearances and abductions, treatment of detainees, illegal armed groups, conscription of children, vulnerable groups, Internally Displaced Persons, the
Muslim community in the North and East, the freedom of expression and the right to
information, and the freedom of religion, association and movement. However, the LLRC
fails to consider some of the more sensitive issues, thereby revealing selectivity in its
approach. For example, the alleged involvement of one Iniya Barathi in a number of
human rights violations is not mentioned in the section on human rights in the LLRC’s
report. Many witnesses in fact identify Iniya Barathi as responsible for human rights
abuses. Instead of mentioning the involvement of this individual in the disappearances
that took place in the Eastern Province, the LLRC only makes vague references to him in
the chapter on ‘reconciliation’. The Commission makes no attempt to examine in any
detail the evidence against this individual, nor to highlight his alleged connections to the
TMVP and the SLFP.

xxii. Given the circumstances, the LLRC has compromised its impartiality and credibility, and
has reinforced impunity.

xxiii. On countless occasions, the LLRC assured distraught witnesses that it would ‘look into
the matter,’ thereby promising some form of follow up on individual cases of
disappearance, detention, land grabs, assault, harassment, extortion and death. However,
the LLRC report only provides a brief statistical analysis of so-called follow-up work,
which would be of no use to the witnesses concerned. It is not clear as to how the LLRC
proposes to communicate its specific findings to specific witnesses. It is, however,
apparent that the Commission’s final report, assuming it is even accessible to these
witnesses, does not provide the answers that were promised to them during the public
sittings.

xxiv. The LLRC also failed to evaluate its own deficiencies in dealing with gender specific
issues. The composition and approach of the Commission established an insurmountable
barrier to women in terms of truth telling. In fact, it was reported that the LLRC had been
‘desultory’, ‘curt’ and ‘dismissive’ towards female witnesses. There are also reports that
the Commission chastised women for crying and demanded written submissions in place
of oral testimony. Hence, women in general have encountered a distinct lack of sympathy
when recounting their experiences before the Commission.

xxv. Many of the LLRC’s recommendations pertaining to human rights presuppose
institutional independence of certain key institutions including the judiciary, the Attorney
General’s Department, the National Police Commission and the Public Service
Commission. However, the Commission does not address the recent repeal – by the
Eighteenth Amendment to the Constitution – of salient provisions in the Seventeenth
Amendment that safeguarded the independence of public institutions. Moreover, the
continued application of the Eighteenth Amendment places virtually insurmountable
challenges to the implementation of the LLRC’s final recommendations.

xxvi. The LLRC also made recommendations on a number of issues that are not directly related
to accountability. These recommendations have positive elements, and if implemented,
would be welcomed and supported by the TNA. The TNA intends to closely monitor the
implementation of these recommendations. However, these recommendations should not
be mistaken for those addressing accountability issues.

xxvii. Amongst the LLRC’s recommendations unrelated to accountability are its
recommendations on reconciliation and devolution of power. The Commission
emphasises that a political settlement based on devolution must address the ethnic
problem as well as other serious problems that threaten democratic institutions. The
Commission recommends devolution to local government institutions to ensure greater
peoples’ participation at the grassroots level. Moreover, it recommends that the
government take into account the shortcomings in the functioning of the Provincial
Councils system. Yet the only concrete suggestion that the LLRC makes in terms of an
actual model is the establishment of a Second Chamber comprising representatives from
the Provinces, so as to generate a sense of confidence among the political leadership and
people in Provinces. These sentiments on devolution are exceedingly vague,
noncommittal, and do not measure up to past proposals including the majority report of
the All Party Representative Committee’s Expert Committee appointed by the President in 2006. Yet, even the implementation of the LLRC’s modest proposals remains
uncertain, particularly given the non-implementation of the provisions of the Thirteenth
Amendment to the Constitution and the recent views expressed by the President in
relation to devolution of governance to the Provinces. These views validate strong fears
amongst the Tamil community that the government is not genuinely prepared to deliver
to the people a political solution premised on meaningful devolution.

xxviii. The LLRC in some way also acknowledges the intrusiveness of the military in the North
– a fact that the TNA has already brought to the public’s attention on numerous
occasions. The Commission hence recognises the need to disengage security forces from
all activities related to civil administration as rapidly as possible. The TNA welcomes this
recommendation and intends to closely monitor and publicise the progress of its
implementation over the next few months.

xxix. Despite these positive recommendations, the need for an accountability process that
meets international standards while delivering on the right of victims to truth, justice and
reparations (including guarantees of non-recurrence) is an urgent and important one.
Given the government’s failure to institute a process that meets these benchmarks, the
TNA calls on the international community to institute measures that will advance
accountability and encourage reconciliation in Sri Lanka in keeping with the
recommendations of the UN Secretary General’s Panel of Experts.

List of Acronyms and Abbreviations

APRC – All Party Representative Committee
CID – Criminal Investigative Department
CIHL – Customary International Humanitarian Law
CoI – Commission of Inquiry
DIU – Disappearances Investigation Unit
EPDP – Eelam People’s Democratic Party
FTR – Family Tracing and Reunification
GA – Government Agent
GoSL – Government of Sri Lanka
IAAC – Inter-Agency Advisory Committee
ICRC – International Committee of the Red Cross
ICTR – International Criminal Tribunal for Rwanda
ICTY – International Criminal Tribunal for the Former Yugoslavia
IDP – Internally Displaced Person
IGP – Inspector General of Police
IHL – International Humanitarian Law
IHRL – International Human Rights Law
IIGEP – International Independent Group of Eminent Persons
LLRC – Lessons Learnt and Reconciliation Commission
LTTE – Liberation Tigers of Tamil Eelam
MAP – Most Affected Persons’ Scheme
PTA – Prevention of Terrorism Act
REPPIA – Rehabilitation of Persons, Properties and Industries Authority
RRAN – Rehabilitation and Resettlement Authority of the North
SLFP – Sri Lanka Freedom Party
TMVP – Tamil Makkal Viduthalai Pulikal
TNA – Tamil National Alliance
UAV – Unmanned Aerial Vehicles
WPF – World Food Programme
Table of Contents

Preamble

Having carefully analysed the Report of the Lessons Learnt and Reconciliation Commission (LLRC), and reiterating its initial response to the LLRC Report released on 16th December 2011
and;

Recalling the post-independence history of Sri Lanka and the systematic physical, structural and psychological violence that has consistently been directed at the Tamil-speaking people of Sri
Lanka, particularly the Tamil people of the North and East;

Bemoaning the impunity with which gratuitous and targeted violence has been used against these constituent peoples of this country, and the role of the Sri Lankan state in directing, facilitating or colluding in that violence;

Asserting that the demands of the Tamil people on their inalienable right to self-governance, dignity, and full and equal enjoyment of their citizenship rights were strengthened by this continuous history of un-remedied violence;

Bearing in mind that violent uprisings against the State that culminated in civil war emerged for a multiplicity of reasons, chief of which was the disillusionment of the Tamil youth with the State after decades of un-remedied violence and stifling of Tamil political demands;

Stressing that a durable, permanent and just solution to the ethnic problem blighting this country must be built upon restoring the faith of the Tamil-speaking people, particularly of the North and East, in the State, and reconstituting those peoples’ relationship with the Sri Lankan State;

Envisioning a future in which all constituent peoples of this country will enjoy access to State power, opportunity, access to justice and dignity in full and equal measure;

Mourning the heavy loss of life to government military personnel, LTTE cadres and particularly Tamil civilians during the last stages of the war in 2009;

Expressing disapproval of and regret for the loss of life and harm caused to civilians of Sri Lanka and to political leaders from both within and outside the country, by the activities of armed Tamil militant groups during the course of the civil war;

Reiterating the findings of the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka that the Sri Lankan government’s military campaign conducted during the last stages of the war constituted persecution of the Tamil people of the Vanni;

Affirming that a process of genuine reconciliation with accountability for grave abuses is a necessary condition for restoring the faith of the Tamil people in the State and ushering in a lasting political solution;

Asserting that a process of genuine reconciliation must of necessity place victims of the war at the heart of the process, be directed at ascertaining the truth, render justice to victims and provide adequate reparations to them;

Recalling that the Government of Sri Lanka assured the world that the Lessons Learnt and Reconciliation Commission would fully address all accountability issues for alleged violations of International Humanitarian Law amounting to war crimes, and other human rights abuses;

Cognizant of the remedies in international law and of the Principle of Complementarity applicable to serious international crimes which States are unwilling or unable to address;

Disappointed with the failure of the Sri Lankan government to constitute an adequate and credible mechanism for reconciliation which would have enjoyed the confidence of the victims of abuses committed during the final stages of the war;

Acknowledging the inclusion of certain positive recommendations in the LLRC report, which do not pertain to accountability, and undertaking – without prejudice to the position that such recommendations collectively fall short of advancing accountability in Sri Lanka – to support genuine endeavours to implement such recommendations;

The Tamil National Alliance (TNA) concludes for the reasons provided hereinafter that the Report of the Lessons Learnt and Reconciliation Commission does not address important questions of accountability; was designed to shield civilian and military leaders responsible for serious crimes from blame; and evinces the Sri Lankan State’s unwillingness to acknowledge and address issues of accountability.

TABLE OF CONTENTS

CHAPTER 1: ACCOUNTABILITY ISSUES-1

Introduction- 2
1. Process – 5
A. Mandate- 5
B. Composition, Competence and Lack of Independence-7
C. Treatment of Witnesses – 9
D. Victim Protection – 11
E. Resources. – 15
2. The Rights of Victims – 18
A. Truth – 18
B. Justice – 19
C. Reparations – 21
3. LLRC Interim Recommendations – 23
4. LLRC Final Recommendations – 26
A. Methodology and Approach – 26
B. Violations of International Humanitarian Law – 30
C. Civilian Casualties – 57
D. Violations of Human Rights – 61
Conclusion – 70

CHAPTER 2: ISSUES UNRELATED TO ACCOUNTABILITY – a

Key Observations – b
Analytical Table of Recommendations – d

Click here to view/print PDF Copy of TNA Report: RESPONSE TO THE LESSONS LEARNT AND RECONCILIATION COMMISSION REPORT (115 Pages)

61 Comments

  1. Chinese Charm says:

    LLRC held under a condition under intense military oppression and without witness protection. tht is what US wanted to suppress the fact of Tamil Genocide which it aided, abetted and executed. TNA right decision.

  2. John says:

    When does TNA de-link with LTTE mind set?
    War is now over , join hands with GOSL & work for the betterment of lives of people in North, who are asking bread, butter,drinking water, health care, shelter, education for children.
    TNA & their predecessors did only demands from GOC & GOSL from 1920′s , by standing outside of Govt.
    At least now , after destructive war try something else, without misguiding Tamil people, & be patriotic & start a new journey with all the communities.

  3. Puma says:

    Good Job TNA(weakened all defences for the GoSL in the LLRC Report to the International Community)
    Tough work for Krishna ahead.

  4. Anpu says:

    Dear John,
    TNA is fighting for justice and equal rights for Tamils.
    “War is over,…” are you saying TNA should beg for bread, butter,….. If the govt cannot provide these basic things without anyone asking for it, this tells lot about govt and your mind set.
    TNA and their predecessors did demand for equal rights. Is that wrong? Do you want them to be like Karuna, Douglas?
    Please read http://ustpac.org/Articles/SriLankasTrackRecordAndTheWarCrimes.pdf

  5. Roshan says:

    Asking for justice is nothing to do with the LTTE mind set..

  6. Roshan says:

    LLRC report is just an eyewash for the International community. nothing will be implemented at all..

  7. Professor Richards says:

    A Master Piece by Legal Expert Sumanthiran of the TNA.The Tamils must Thank The Mahinda Rajapakse Government for giving us the Opportunity to Tell The World about The Whole Truth about what happened in the Vanni , during the ” War Without Witnesses”. The LLRC Report will be the Waterloo for the Government , not Channel 4 OR The UN Report.

  8. TRN says:

    So the game is on. GoSL throws the LLRC ball & TNA hit back.

    This will be going on till the UNSC meeting in March 2012.

    It is vital for GoSL to act wisely at this juncture. They need to implement and show the world that they are genuine to implement the LLRC recommendations.

    Also they should consider the short comings TNA had highlighted. It is worth taking notice of clauses and rectify them:

    iii. The ethnic and gender imbalance in the membership,……

    v. The LLRC did not have an effective witness protection programme……….

    vi. The LLRC’s interim recommendations, issued more than a year ago, are yet to be
    meaningfully implemented.

    iv. The Commission spent a
    mere twenty-two days in the North and East in total, compared to the fifty-six days spent
    on hearings in Colombo. The Commission often cited the lack of time a…………

    GoSL can easily rectify some of the clauses TNA had highlighted.

    I would even suggest to appoint another committee to N&E only.

    With rectifying most of the short comings of the previous commission.

    Preferably 2 committees one for North & one for East. The members should be experts in law. With equal gender representation and majority tamil speaking, with may be 1:3 or 1:4 sinhala speaking.

    Allow the media for the hearings. Even live coverage with translations. This will bring empathy from the south.

    Also there should be another committee where the victims of LTTE will be able to testify and this too should have live coverage
    with translation. This will bring empathy from the North & East.

    Make it a national event.

    In addition the largely forgotten 71 & 89 victims of south too must be taken in to account.

    Are we going to conveniently forget the IPKF era?

    We need to stop this ‘finding fault and blaming’ each other. Will there be a mahathma to act wisely and take us forward from this LLRC recommendations????

    It is very crucial that the politicians act wisely. See the larger picture and take this nation forward in peace.

  9. True Nation says:

    It is an excellant well studied analysis of the LLRC report. So far we haven’t seen such a depth and evidence based analysis of the LLRC report either from international governments/institutions or national political parties/institutions.

  10. Uthungan says:

    TNA has many valid points in favour of it’s stance. But the LLRC report should not be rejected outright.

    At the same time the TNA should be careful not to run with the hare and hunt with the hounds as the TULF did previously when the 1987Accord was signed between India and the SLG.

    It will do well to learn the lessons of history rather than make the same mistake all over again and also not to forget the fact that the Tamil people will themselves will not tolerate another LTTE incarnate to manifest for the TNA to take cover.

  11. Vinothan says:

    The war is over, (lets forget about the 40,000 dead) John, reconciliation starts with justice.

  12. Dr.Rajasingham Narendran says:

    It is interesting that the TNA that refused to appear before the LLRC and hence failed to present evidence, has found fault with it. Instead of grasping every opportunity to do something useful for the Tamils crying out for their daily bread, the TNA has played its traditional role as a critic, knowing very well that it will be applauded from the gallery.

    The tone and substance of the TNA response, makes me wonder whether this political formation is in tune with ground realities presented on the food situation in the north and east by the Worl Food Program and on the plight of women by Ayesha. What are our priorities?

    The TNA, its predecessors, the LTTE and other militant organizations contributed in no small measure to the disaster the Tamils experienced. Sinhala politics undoubtedly played a hellish role in igniting the communal imbroligo. However, the Tamil side poured fuel to make it an inferno. Does this a need much genius to understand? Should not the TNA be engaged now in poring water on the remaining embers?

    What will not be an eye wash? The LLRC recommending that Sri Lanka and its government be hauled to The Hague, subjected to sanctions and its people, including the war-affected punished further, are the only outcomes that would have been acceptable to the TNA and those voicing their support for its stance. Would this heal the wounds here? Whose wounds are we trying heal? Is it the wounds of the war-affected or those with a wounded pride, those who backed the wrong horse or those yet hurting from what happened to them in Sri Lanka in the past? The war-affected here are as an entity not demanding accountability or revenge. What they are crying out to high heavens is to lifted out of hinger and poverty, and provided a decent livelihood. Is this hard for the TNA, which claims to be the ‘Current incarnation’ of Tamil representatives to hear and understand?

    The LLRC has done well to point out what we should do to prevent a repeat of history. Does the composition of the Commission in anyway diminish this fact? I think it is important to push this futuristic agenda forward, while fighting the battle against hunger, malnutrition and female exploitation; and the battle for economic and cultural regeneration. I wish the 150 page TNA report dealt with these aspects and provided everyone a clear picture of what needs to done for the war-affected people.

    ” Seyatkai arintha kadaithum ullahathu
    Iytatkai arinthu sayal”- Thirukural

    (Even if one learns what needs to be done from books, one has to understand the nature of the world and act according to its dictates)

    Dr.Rajasingham Narendran

  13. John says:

    TNA does not need to beg “bread, butter..” but join hands & give their skill & strength to GOSL in providing those to our Tamil brethren.
    Going by the strength shown in protracted war by militants & intellectual capacity of TNA etc., shown even in this document, finances & vocal capacity of Diaspora; they can very well contribute to better causes & that’s what countrymen ask from TNA politicos.
    We pray God, “May our Tamil brethren’s politicos have wisdom”, “May they join hands
    with other living beings ( not 04 leg variety) in Sri Lanka”. Amen.

  14. dingiri says:

    Ignoring… The loss of life caused by cynical LTTE tactics as using a human shields.

    Rejecting… Any positive changes to civilian life brought about by the lack of war.

    Hoping… The west would punish Sri Lanka with sanctions, isolation and bombs from the sky.

    Clinging… to Tamil Nationalism while being incensed at Sinhala Nationalism.

    Neglecting… The need for a solution based on fairness and equality.

    Fantasising… About an ethnically pure Lebensraum with 4 times as much land for Tamils as the Sinhalese will get.

    Living… In Cloud Cuckoo Land..

    Till Eelam Cometh.. Cometh.. Cometh..

  15. Ilaya Seran Senguttuvan says:

    TNA is not the only body within and outside the country – to declare the LLRC Report does not
    sufficiently and seriously address the main grievances of the Tamil Nation – notably those who suffered during the closing stages of the war that ended in massive civilian casualties prior to and during May 2009. The US Govt iself says this in different words. The cosmetic dressing of including two silent Tamils in the Committee is hardly convincing.

    The preamble notes the demands of the Tamil people on their inalienable right to full enjoyment of their right citizens continues to be denied. More importantly “expresses ndisapproval and regret for the loss of of life and harm caused to civilians and to political leaderes from with and outside the country by the activities of the Tamil militant armed groups” This surely is bound to silence those many aceerbic critics who shout hoarsely then and now the Tamil political leadership and the Tamil people right along condoned the actions of the Tigers. As I have pointed out on many occasions, most Tamils disassociate themselves with the violence of the Tigers that caused civilian deaths and harm. It needs no emphasis most of the silent Tamils throughout the country both were pained and totally disagreed with the violence unleashed by men who had little compunction in unleasing the same violence on the Tamil people themselves.

    Mahinda Rajapakse promised the country and the world a mountain and, by deliberate design, produces a mouse – not to settle the National Question but to buy further time – an art in which area he mistakenly assumes he is a master. He is not. He only succeeds in exposing his mala fide intentions and his lack of courage to do what is right.

    As Gotabaya Rajapakse, widely believed to be calling the shots, openly announced “there is nothing more to give. The Tamils have got all what the Sinhalese can possibly give” – though in slightly different terms. Tamils have very little reason to expect the Rajapakses to be in the mood to elevate themselves into statesmen and gather courage and reason to give what is due. The truth is, as Robert Blake was to advise his government “the Rajapakses find themselves rapidly being isolated from their own support-base in the South”

    The Caravan moves on – in the dark. But an impatient world may not take that as the final word.

    ISS

  16. T.George - UK says:

    WELL DONE TNA – YOU GUYS BROUGHT THE TRUTH TO THE INTERNATIONAL COMMUNITY.

    ALL MEMBERS OF THE LLRC ARE APPOINTED BY THE PRESIDENT MAHINDA RAJAPAKSE AND HIS BROTHER AND DEFENCE SECRETARY GOTHA BAYA RAJAPAKSE.

  17. chuti says:

    Hey Anup,
    What do you mean by Equal rights? You need Tamil Police & Tamil Lands? Then what about the people who lives in other parts of Sri Lanka? Are they going back to North & east?
    This is what you people can’t understand.. Shake your head(If you have one)

  18. Chanakyan says:

    The SL government and it’s votaries are never tired of associating the Tamils with the militants. Yes, they have been the obverse and the reverse of the same coin and rightly so. Pressed to a corner and that too consistently and iniquitously,to a man the Tamils turned. When the language of persuasion failed,the youth spoke in strident terms. Very perceptively Mandela said that the nature of war is determined by the adversary. Unwillingness to listen brings forth violence. So it was with the Tamils. Not for nothing did Brutus say before stabbing Ceasar “speak hands for me” When there is life there can be no language of conformity.

    If there be a propensity for reconciliation, then the views of the Tamils convincingly expressed should find some accomodation. The ideas effuse from study and after deliberation. The reaction however is off hand rejection. In justification names are called to confound and to befuddle. Since the end of the war terms often used are – rump, remnants and Ltte mindset. It is manly to meet argument with argument. A convoluted mind thinks that in the eye of the international community the militants are political lepers and if the TNA or the diaspora are linked to it then they too would be distanced to escape the contagion. What ill conceived misapprehension.

  19. Rana says:

    Anpu, TNA is fighting for their very own survival. Within next five years common tamil’s slowly but steadily understand who’s wrong,who’s right. And that day they[TNA MP's] have to leave Srilanka and settle in Canada or else. Or maybe settle in Colombo among Sinhalese.

  20. Kalu Albert says:

    TNA’s main charge is Failing to Meet Accountability to International Standards.

    Obviously these are the Standards set by the West.

    Did the TNA advise their “Boys” in the LTTE to lay down the arms and give up the fight at least at Nanthikadal, when the US power brokers are on record making this request?.

    Did the TNA demand that the the 300,000 hostages at least be released when even Mr Bun ki Moon is on record making this request?.

    Did the TNA warned their “Boys” not to shoot and suicide attack the innocents who were escaping from the Human Shield?.

    Did the TNA advise their “Boys” to abide by International Standards even after these Standards were thrust upon Srilankans by the West ,through their proxies in Scandinavian countries?.

    Can the TNA, claim that these past actions of theirs, comply with these International Standards of Accountability ?.

  21. maravan says:

    ‘but join hands & give their skill & strength to GOSL’-John.

    Are you asking the victims to save the perpetrator?
    Who ever done the crime can not escape from natural deliverance of justice.John The Baptist said to ‘Repent’to escape from justice.
    All we yearn is peace with dignity.

  22. Truth says:

    Is that your justification for the genocidal sinhala army continuing to occupy Tamil Civilian lands and harassing Tamil women in the unspeakable ways as documented in recent articles in Transcurrents?

  23. S.Nadarajah says:

    TNA was the mouth piece of LTTE during the war, the most brutal terror organization in the world which persecuted their own people, devastated the country for 30 years, killed more of their people than govt. forces during the war. TNA remained silent throughout this period. They did not have the courage to give evidence to LLRC. If there is to be “accountablity” can we start with actions of TNA and LTTE?
    Can the TNA provide specific evidence of atrocities commited by armed forces with independent eye witness accounts? If so, how many people (civilians) were killed as a result?
    Can they show that govt. forces deliberately targeted
    civilians. If so when and where?
    It was a brutal war when according to govt. 30,000 soldiers (armed) were killed and 25,000 disabled. Altogether over 100,000 people died. So, what are we talking about? According to Gordon Weiss and several others who were in the war zone, LTTE should have abandoned the war or surrendered after fall of Kilinochi, early in 2009. They never surrendered and took over 200,000 civilains into the war zone and used them as human shields, resulting in heavy casualties. Who is responsible for this and what was TNA doing to prevent this disaster. They have blood on their hands. Final stages of the war in 2009 which resulted in deaths of thousands of civilians is to a large extent caused by LTTEs obstinacy in not concluding it when their defeat was inevitable. No doubt some atrocities would have been commited by soldiers, which govt. has admited could have happened. But what good can come out of an inqusition on this matter. Is it in the interests of the Tamil people living in the country or is the TNA now a proxy for the government in exile for the state of Thamil Eelam or the Tamil Diaspora?

  24. aratai says:

    .
    Dr.,

    Not just TNA, even other Srilankan political parties UNP, JVP has rejected the report.

    And above all, the Srilankan government has not said anything.

    So it seems that report was realesed because of the upcoming HR meeting in March and for the same reason TNA has rejected it and SL Govt. is quiet about it.

    :-)

  25. aratai says:

    .
    Kalu,

    Thanks for agreeing to that TNA and SL Govt. are same.

    :-)

  26. Ilaya Seran Senguttuvan says:

    Just to refresh your minds, the Jewish State came by in 1947 but the Jewish diaspora was already established and were influencing many Western Govts centuries ago. Benjamin Disraeli went to become PM in Great Britain – despite anti-Semitic oppostion – way back in 1874. Such great Jewish names as Goldschmits,
    Thomsons were already established in the late 19th century.

    The success of the Tamil diaspora centers around several features – inherent industry and hardwork, a strong educational foundation among the post-1980 Tamil children formed of sound religious teachings at home and schools (both Hindu and Christian) the competitive spirit in a challenging world. A special faature was the sacrifice to get ahead in their new environs by parents who took small jobs as Security Guards, Waiters, Drivers etc largely to give their children a head-start in their new homes overseas. Some of them were professional men/women who did not wait until jobs appropriate to their qualifications or standing at home came by. The shared suffering inflicted on the Tamils in the past several decades in their made them close ranks over religion, caste and other differences and, as far as possible, take positions for their common good with minimal differences. The limited success the Tamil diaspora achieved within the last 3 decades is likely to increase. This is not only for the good of Lankan Tamils but to other communities in the Island aa well. The successful men/women, rational in their outlook as they are, are unlikely to hold on to petty prejudices and old wounds as they probably will learn from the jewish community that suffered worse
    discrimination and injustice for much longer.

    ISS

  27. Anonymous says:

    The issues in the South or North since 1948 were created mainly by UNP and SLFP both have at different times dealt with the likes of JVP, LTTE,EPRLF etc with the help of Asian powers and International powers.But the issues remain the same for NE citizens as well as many other citizens in the rest of the SL.

    Kalu Albert is only worried about the International Standards of accountability thrust by the West through their scandanavian proxies.
    So what are the Asian standards India and China follow when it comes to the rights of their own citizens in their states,provinces or villages ?

    Will the Tamil leaders and Muslim leaders from the NE who are part of the GOSL or supporters of GOSL, follow the Asian standard comrade WEN has put forward within China with the regards to the indeginous villagers rights in particular that relates to their traditional lands ?

    Please refer to the latest news covering comrade WEN’s request within China and in Middle East with regards to land for developments/ investments.
    Please refer to such news below :

    Chinese Premier WenJiabao has called for farmers’ land rights to be protected and criticized a widespread policy of moving villagers into apartment blocks so their land can be merged into larger blocs or developed.
    please refer to :
    http://www.reuters.com/article/2012/01/15/us-china-land-reforms-idUSTRE80E0K620120115
    “No one is empowered to take away such rights,” he wrote. He added that China must protect farmers’ land property rights in rural land expropriation reforms “

  28. John says:

    Vinothan, yes, in my book justice starts with the salvation of living civilians & not the retribution, hatred towards the victor, after a destructive war no body ever wanted.
    As you know war was fought with no quarters given or no quarters asked for. LTTE exploded bombs indiscriminately all over the country, hacked to death women, children in sleeping bed in remote villages, in turn SLAF carried on with Ariel bombardments.
    Now, Politicos who represented loser looks hurt, ashamed not because of anything but their Lost Pride.
    Victor as always, generously extended warm hand inviting loser to join victor, to sort out problems of war affected, but loser desperately wants to punish victor with the help of outsiders, if possible. This will go on, go on, go..on., go..o .
    For ordinary civilians, this must stop, in the name of poorest of the poor suffering as a result of the war.

  29. Dr.Rajasingham Narendran says:

    Aratai,

    All political parties in the opposition want a regime change, through whatever means, because they cannot muster enough votes to grab power and/or are unable to set the agenda. The progress one sees in Sri Lanka is astounding and the uncommited voters- the larger number- are impressed enough to keep voting for this government, despite the many problems that yet confront this country. This is the truth as I see it. Some of these formations and their supporters are even relying on astrological predictions that this government will collapse during this year!

    Whatever the motives that can be adduced, a reasonable report has been produced by the LLRC and it has recommended a forward looking agenda. This is what matters.

    The TNA is acting like a ‘Pinnam Thinni Kaluhu (Carcass eating vulture)’.

    Dr.Rajasingham Narendran

  30. Anonymous says:

    Since 1956 common Tamils have clearly understood the mindset of Sinhala fascism and who’s wrong and who’s right. Well I guess within next few years its not TNA MPs have to flee Sri Lanka ……….but the Royal family and their faithful “yes sir, no sir three bags full sir” servants.
    :-)

  31. [...] executive summary, preamble and table of contents of the TNA report is posted on my website http://www.transcurrents.com and the full contents of the report (in PDF) is also available here on [...]

  32. Native Vedda says:

    John says:

    “When does TNA de-link with LTTE mind set?”

    When the Sinhala Buddhist change their Mahawamsa mindset.

    You say:

    “War is now over”

    The Sri Lankan state has not established peace yet. Further the state continues to fight its own peaople irrespective of their race through the process of militarisation of the whole island in every aspect of civil activities, including education, administrative service, foreign service, trade and businesses, etc.

    You say:

    “who are asking bread, butter,drinking water, health care, shelter, education for children.”

    Why?

    You say:

    “after destructive war try something else”

    Appease more?.

    You say:

    “be patriotic & start a new journey with all the communities”

    Patriotism is the last refuge of a scoundrel.- Samuel Johnson

    People will feel and act patriotic only when the state treat them as inclusive part of the nation, not when they are stripped of their democratic rights.

    The leaders of this country continue to gloat on war victory.
    War destroys.

    The Tamils, Muslims and Sinhalese in various guises tried and failed working with various shades of government.

    Until and unless the Sri Lankan state is reconstituted there is no new journey but more of the same if not worse.

    Each and every person must be given a democratic stake in the country’s wealth, power and its culture.

    In the island wealth is concentrated in the few, power is vested and in one person or in one family. In fact power and wealth are increasingly concentrated in one large extended family.

    It would be worthwhile if you focus on decentralising and devolving power from this one extended first family.

    Belated happy kiri bath day to you.

  33. True Nation says:

    Dr. RajaSingham Narendran,
    Well done Sir. LLRC has done very well. What you are suggesting is that TNA should accept the report outrightly and free Sri Lankan government from the international accusations that Sri Lankan state and military. In otherwords, you are accepting that the civilian death is only caused by LTTE actions and not by the Sinhala state and its military. If TNA accept this report, what is next? How the ground reality is going to change? Do you think the current regime will change willfully towards rule of law and devolve political powers and stop militarisation of North-East? It is not only the LLRC report that pointed out we should do to prevent a repeat of history, thoroughout the history the same messages repeated by various commissions and by political leaders. Do you know whether the Government of Sri Lanka which appointed the commission accepts the LLRC report? What is the ground reality that the government implements its recommendation?

  34. True Nation says:

    It is a brutal war created in this nation by Sinhala. LTTE may have become a brutal terror orgainsation. LTTE became a brutal organisation to stop the brutality of the Sinhala military terror. In 1983, LTTE attacked Sinhala military and 13 soldiers dead whereas your military went on in a rampage and killed hundreds of innocent civilians in the day light with the blessing of Sinhala state. Don’t you expect a better behaviour from a state than a terrorist organisation? If you compare LTTE and your state on the criteria you will a most dangerous terrorist outfit in the world. Your military not only masscred thousands of tamils but also thousands of Sinhalese as well.Even after this brutal war and losses still your government play games with people’s day to day life? Every tamil is surrounded by Sinhala military. TNA is the tamil people choice. Accept that fact and give a due place for people’s voice in the democratic path rather than militarising the nation.

  35. Sarwan says:

    John,

    Tamils were cheated into what you are saying for the past 60 years. Do you believe them? See their actions against Tamils in colonialism of TE. They are humbugs. Bring the GOSL war criminals to justice for the Sinhalese to know what justice is.

    Justice first. Now justice is a foreigner in SL for Tamils

  36. Punchinilame says:

    The TNA Analysis is to be expected in conditions under which LLRC was
    created. Rajapakses cannot keep fooling all the people all the time.
    If the TNA did not produce such a critique it will be out-dated and out-
    smarted.
    The Diaspora has come to stay and it will keeps its head high – it is we
    the victors following a wrong direction that must be forewarned.

  37. nazeer says:

    It seems that TNA is preparing the ground attack on Sri Lanka targeting the UN HRC which is to be held in Geneva in May 2009. First they should explain its position with regard to its role in the war. Just to remind, prior to the military defeat of LTTE, Prabhakaran formed the Tamil National Alliance (TNA) in 2001 with the aim of promoting its political interests both at home and abroad in concurrence with LTTE military plans. All representatives for this Alliance were personally selected by the LTTE leadership and were taken from five different Tamil political. After the formation of TNA, activities of all members of the party were directly controlled by the LTTE leadership and were used as proxies of the LTTE to further its aims. The extract of the statement issued by the TNA prior to the Elections in 2004 which still can be seen in the TNA official website. “Accepting LTTE’s leadership as the national leadership of the Tamil Eelam Tamils and the Liberation Tigers as the sole and authentic representative of the Tamil people, let us devote our full cooperation for the ideals of the Liberation Tigers’ struggle with honesty and steadfastness. Let us endeavour determinedly, collectively as one group, one nation, one country, transcending race and religious differences, under the leadership of the LTTE for a life of liberty, honour and justice for the Tamil people”. Here TNA is again making a horrible mistake by showing its true colours. Is TNA truly working towards reconciliation and ethnic harmony or just try to promote failed ideology of LTTE with the backing of anti Sri Lankan extremism elements outside Sri Lanka is matter that need to be answered?

  38. Jegan says:

    DR.Rajasingham evidence eh??People who did give evidence turn out to be missing afterwards and many testimonies given by the victims did not appear in the report, totally ignored…

  39. Native Vedda says:

    Ilaya Seran Senguttuvan says:

    “the Jewish diaspora was already established and were influencing many Western Govts centuries ago”

    The Jewish Diaspora was and is influential in USA. However British empire was sitting on the fence. Hitler and Gemany persued an overt state policy of holocaust. Anti semitic policies were popular among the Italians under Musolini and Spain under Franco. France under the grip of Nazi collaborators didn’t give a damn about Jews and sent them to Auschwitz in train loads.

    In fact conspiracy theorist were of the opinion that UK did mine a ship which was above to leave Italy carrying Jewish refugees to Palestine.

    European history is not unblemish.

    By the way an Indian was elected to British parliament about 120 years ago. Dadabhai Naoroji was an MP between 1892 and 1895.

    There was racism and genecide in Europe but was changing and changing for the better.

    When will the Tamils and Sinhalese change? I am not hopeful unless you elect a Vedda as the president and include national anthem in Vedda language of which there are many dialects.

  40. G1 says:

    “Victor as always, generously extended warm hand inviting loser to join victor, to sort out problems of war affected, but loser desperately wants to punish victor with the help of outsiders, if possible. This will go on, go on, go..on., go..o .”

    You are kidding right????

    :-)

  41. tna says:

    Yes Dear Doctor your are also behaving like an “ellumb nakkum naai”( Bone liking dog)and dont ask Tamils to do the same mate.

  42. aratai says:

    .
    Dr. says, “The TNA is acting like a ‘Pinnam Thinni Kaluhu (Carcass eating vulture)”.

    I am surprised. If you’re an anti-TNA person, then your comments are not valid.

    You have to be open minded to make meaningfull comments.

    :-)

  43. Anonymous says:

    John if the people killed were your mother/child or siblings will you feel like like this.

  44. Ravi says:

    Good words John and Dr. Raja,

    Last 30 years, Sri Lankans lived with fear of getting killed. Now we don’t have that. Please let our next generation enjoy this greate freedom.

  45. Ram says:

    Dr, you have decided to lick somebody else …., but don’t ask others to do same. This is the first time TNA has done a good job, the true reconciliation will starts with justice to victims, empathy, sympathy, mutual respect ect.

  46. Anpu says:

    Dear Dr
    Which bit is wrong in this http://dbsjeyaraj.com/dbsj/archives/3622
    Thanks

  47. Anpu says:

    What about 30 years before that? ie from 1948

  48. Native Vedda says:

    Ravi says:

    “Last 30 years, Sri Lankans lived with fear of getting killed”

    Anpu says:

    “What about 30 years before that? ie from 1948″

    What about the last 2,500 years? A genocide of our people.

  49. Native Vedda says:

    John says:

    “Victor as always, generously extended warm hand inviting loser to join victor”

    How, when and where and whose term?

  50. Ilaya Seran Senguttuvan says:

    Is Nazeer after a bout of abeen? “TNA peparing a ground attack for Geneve HRC in May 2009″ ??? “Prabhakaran formed the TNA in 2001″ ???

    ISS

  51. True Nation says:

    Tamil people in the North-East of Sri Lanka accepted LTTE as the sole representative of tamils representing their aspirations. The Sri Lanka Government, International Community also accepted that the Sole representative of tamils. The peace talk between LTTE and Sri Lanka government took place based on this principle.LTTE is not responsible for bringing the discrimination, disharmony, unjustice and differences between communities. It is the failure of the governments of Sri Lanka that brought all the mess to the nation. This fact is accepted in the LLRC report and it recommends that the government should take positive steps towards reconcilliation and ethnic harmony and rule of law. How do you justify that the Government plays political games in order to keep the race disharmony and allowing the white van abductions and military thuggerism. LTTE ideology is very simple. It is justice for all. Is that Wrong? As long as there is no justice there is no peace.

  52. Sarath Perera says:

    Oh! ISS!
    So glad to see you subscribe to the notion of Tamil Superiority as well!!

  53. Anpu says:

    Thanks Native Vedda for reminding.

    1948 – The Citizenship Act disenfranchising Indian Tamil Plantation workers was passed in Parliament. One million 3rd generation plantation workers had been living in the island for over 115 years. They were brought to the island by the British from South India to work in Tea and Rubber plantations in the hill country. 100,000 plantation Tamils were victimised. (Violation of UDHR article – 21)

    Sinhala colonisation – As a result of many years of State planned Sinhala colonisation since 1948 in the Tamil homeland (North and East), the Sinhala governments and its destructive agents plundered and robbed 50% of the ancestral lands of the Tamils in the North East of Sri Lanka. (Violation of UDHR articles – 17)

  54. Native Vedda says:

    Anpu

    Thanks Anpu for reminding 1948 Citizenship act and land grab.

    You are selective in what the Sri Lankan state did your people in the past 60 or so years and claim Sri Lanka as your ancestral land.

    The island is my people’s ancestral land. If anything the land was once ours until the Kallathonies arrived from North and South of India grabbed it from my ancesters.

    Could we now discuss about our ancestral land and the genocide perpetrated on our people?

    Neither Sinhalese nor Tamils have the right to claim the island as their ancestral land.

  55. M.Sivananthan says:

    UNP did the removal of the citizenship of Hill country Tamils with the support of the Jaffna Tamils.

    All the colonizatio projects were started by the same UNP.

    But Tamil parties from Selvanayakam to Sambanthan are still support the same UNP. Why?

  56. John says:

    Native Vedda,
    Sorry for the delay in replying, (I was otherwise busy visiting one of your jungles).
    For TNA, it’s so simple & only a matter of giving a telephone call to HE President’s mobile, even today as we read this column, to join GOSL & to receive a warm welcome & tomorrow as you read Transcurrents will see details of portfolios & pictures of Cabinet Ministers from TNA being sworn in at Temple Trees.
    Invitation to join GOSL is always available for them & their predecessors from 1987 , both from green & blue camps that run GOSL, but they couldn’t because of certain death at the hands of LTTE.

  57. Dr.Rajasingham Narendran says:

    You may call me any number of names. This does not bother me. However, I am now convinced that I am wasting my time trying to educate those who refuse to learn- a futile exercise. I have seen, heard and understood enough to justify my approach.

    I returned to Colombo late last night after a two day visit to Kilinochchi and Mullaitivu. I met a very erudite Tamil joutrnalist in Kilinochchi, who was part of the exodus to Nanthikadal and heard his narrative, which confirmed what I had heard previously in the IDP camps and from those now re-settled. The LTTE used 300,000 Tamils as the last quiver in their armour and brought about the calamity that happened. This truth, unless accepted, will not pave the way for any forward movement on the political scene here.

    This journalist (who I think has the calibre to serve as a university lecturer) also was able provide me an objective view of the present situation in the Vanni. Further I also had a meeting with leaders of the MPCSs in Kilinochchi- a group of dedicated men and women and ground level community leaders- and was able to listen to their account of the massive human tragedy that is unfolding in the Vanni. They were very critical of the bureaucracy, its lethargy and insensitivy. They also educated me on how the co-operative movement had been crippled by the legislation passed by JRJ’s government.

    Almost all comments here and the approach of the TNA are totally unconncted with realities. I am sad this approach is hurting an innocent, long suffering people and sacrificing them on the alters of blatant expediency and untruth.

    I have also decided not to comment on articles/ blogs anymore. I shall of course continue to write articles/ blogs when warranted. I shall inform the readers who have volunteered to help with funds on a pssible mechanism to do so, soon.

    My appeal to all those commenting in transcurrents is that they should visit the north and east and travel around and meet the affected people, before venturing to put their thoughts/ opinions into words. Further, please note that I have no personal gruge or animus against any political formation including the TNA. The TNA is an anchronism at the present point of a history and will lead us into oblivion unless it changes its modus-operandi and thought procesesses. The other political formations are a legacy of the events of the recent decades and are the left overs from that tragic era.

    Dr.Rajasingham Narendran

  58. Dr.Rajasingham Narendran says:

    a correction:

    ‘Last arrow in their quiver’

    Dr.R.N

  59. Anonymous says:

    John

    Did you enjoy our jungle hospitality?

    Sitting in the cabinet is a simpleton’s view of the solving the problems. This was tried and failed in the 1960′s.

    Sri Lankan state has to reconstitute its structure in order to democratise governance.

    Before all these changes take place the stupid Tamils and Sinhalese should realise that the island does not belong to them. Somehow these two stupid peopl’s take it for granted that they own the island.

    The island once belonged to my ancesters and will belong to future generation. All have a stake in the land not just the Sinhalese stupid as they love to claim.

    A spell in the jungle would do good to you. How often do you plan to visit. In few years time you will be looking for jungle which is fast disappearing all over the island due to development and greed.

    So hurry up while stock last.

  60. Anpu says:

    Both UNP & SLFP are responsible for this:
    1948 – The Citizenship Act disenfranchising Indian Tamil Plantation workers was passed in Parliament. One million 3rd generation plantation workers had been living in the island for over 115 years. They were brought to the island by the British from South India to work in Tea and Rubber plantations in the hill country. 100,000 plantation Tamils were victimised. (Violation of UDHR article – 21)

    Sinhala colonisation – As a result of many years of State planned Sinhala colonisation since 1948 in the Tamil homeland (North and East), the Sinhala governments and its destructive agents plundered and robbed 50% of the ancestral lands of the Tamils in the North East of Sri Lanka. (Violation of UDHR articles – 17)

    1956 – The “Sinhala Only” Act was passed in the Sri Lankan Parliament. This Act made Tamils second class citizens in the island. Tamils staged peaceful protests in Colombo and Gal Oya. 150 Tamils were burnt or hacked to death; 20 Women were raped; 3000 were made refugees and their properties were looted by Sinhala mobs. (Violation of UDHR article – 2, 3, 5, 12, 17 )

    1957 – the “Banda Chelva” pact and in 1965 the “Dudley-Chelva” pact. These agreements were based on a quasi-federal system devolving certain powers to the Tamils in the North East province. These were the first of several agreements and pacts signed between Tamil leaders and Sinhala leaders to resolve the political turmoil in the country, that were unilaterally abrogated by Sri Lanka.

    1958 – Anti Tamil riots in Sinhala areas. Massacre of Tamils, looting of their properties, setting fire to their houses. 25,000 Tamils were made refugees; 500 Tamils were burnt or hacked to death; 200 Women were raped and Tamil properties were looted or destroyed by Sinhala mobs. (Violation of UDHR articles – 2, 3, 5, 12, 17)

    1961 – Tamil non-violent (Satyagraha) civil disobedience campaign in the North and East was disrupted by the security forces, protesters were beaten and arrested. (Violation of UDHR articles – 5, 9, 20)

    1964 – The Pact (Srima-Shastri) to evacuate Tamil plantation workers of Indian origin was signed. They were living in the island for over 131 years. 650,000 Plantation Tamils became stateless persons. (Violation of UDHR articles – 4, 15, 23)

    1972 – Equal education opportunities for Tamil students were denied. Standardisation on University admission was introduced. (Violation of UDHR article – 26)

    1974 – The Fourth International Tamil research Conference held on 10/01/1974 in Jaffna was disrupted by the Sri Lankan Police. 9 Tamils were brutally killed. (Violation of UDHR articles – 2, 3, 20, 27)

    1977 – In July, Tamil United Liberation Front-TULF, contested and won overwhelmingly at the Parliamentary election giving them a mandate to exercise the “Right to Self-determination” and establish Tamil Eelam in the North East. In 1983 August 8, Sri Lankan government enacts the 6th amendment to the constitution and rejected the right to self-determination of the Tamil people, the mandate voted by the Tamils in 1977 general election. (Violation of UDHR articles – 8, 10, 21)

    1979 July – Prevention of Terrorism Act (PTA) was introduced in Sri Lanka. This Act gives a free hand to the Security forces to arrest, detain, torture, rape, kill and dispose bodies with impunity. Arrested people could be detained for three months without being produced in courts. (Violations of UDHR articles – 2, 3, 5, 6, 7, 8, 9, 10, 11, 12)

    1981 – The Jaffna Public Library containing 95,000 volumes was completely destroyed in a fire set by a group of Police officers who went on a rampage in the Jaffna city on May 31, 1981. 95, 000 volumes of unrecoverable-invaluable books were burnt. (Violations of UDHR articles – 2, 21, 24, 27)

    1983 – Since independence in 1948, more than 35 years of peaceful non-violent struggle by the Tamils protesting against Sinhala oppression, were suppressed by violent means by the Sri Lankan security forces, inflicting loss of many lives and much material damage to the Tamils. (Violations of UDHR articles – 3, 4, 5,9,13,20)

    1983 – The Government masterminded anti-Tamil riots in July 83. More than 6,000 Tamils were killed by the Sinhalese in the South. Tamil houses and businesses were looted and destroyed. Tamils living in the South were sent in ships to the North and East by the government.

    250,000 Tamils were made refugees; 2,500 Tamils were burnt or hacked to death; 500 Women were raped; 53 Tamil political prisoners were brutally murdered in the maximum security Welikada prison on 25-27th July. Sinhala extremist groups and thugs, ruined the socio-economic and the political rights of the Tamil people. Anti-Tamil riots also in 1956, 1958, 1977, and 1981. (Violation of UDHR articles – 3, 4, 6, 7, 8, 9, 12, 13, 14, 17, 23, 24, 25, 26)

    1984 – To date Tamils living in the North-East were arrested, tortured and killed. Women were raped, many disappeared. Tamil properties were looted or destroyed by the Sri Lankan security forces. Air Force bombers dropping Cluster bombs in residential areas and near IDPs camps causing severe loss and damage to Tamil people and their property.

    The Prevention of Terrorism Act (PTA) and the Emergency Regulations (ER) adopted by the government are helped the security forces to carry out all sorts of human rights violations with impunity. (UDHR was completely violated)

    1990 – To date Economic embargo in Tamil areas. Food, medicine, electricity and other important items are denied to the Tamils. (Violations of UDHR articles – 22, 25, 26)

    1995 – On 15th November, the NGO Forum took place at Bentota Beach Hotel, in Bentota, in the South of Sri Lanka. Both foreign and local NGO representatives participated in this forum and this forum meeting was disrupted by anti-NGO demonstrators. The organisers of the NGO forum decided to shift the venue to the capital, Colombo. On 16th November, the NGO Forum re-convened in the morning at a conference hall in Ratmalana, police officers arrived to “request” the Forum to suspend its proceedings, claiming that the meeting was illegal! The meeting was dissolved and all attendees dispersed. (Violations of UDHR articles – 8, 13, 18, 19, 20)

    1997 – On 25th September, 38 NGOs serving in several parts of Batticaloa district, were ordered by Government of Sri Lanka to cease all their humanitarian operations. This immediately followed a government order banning NGOs from assisting people in the areas of Batticaloa. (Violations of UDHR articles – 8, 13, 18, 19, 20)

    1998 – the UN Working Group on Enforced or Involuntary Disappearances stated that, “Sri Lanka had the second highest number of disappearances in the world, ranking next to Iraq”.

    Also Sri Lanka was the only country that the UN Working Group on Enforced or Involuntary Disappearances had visited several times. So far no proper remedies had been found for these disappearances. (Violation of UDHR articles – 3,4,5,7,9,10,11)

    2005 – with the aim of ensuring equal distribution of Tsunami aid to the worst affected North East, an agreement known as the Post Tsunami Operational Management Structure – PTOMS was signed between the government of Sri Lanka and the LTTE. This was unilaterally abrogated by the government of Sri Lanka under the pretext of a Supreme Court judgement. (Violation of UDHR articles – 16, 25)

    At this time, over 85,000 Tamil people had been killed or “disappeared”; more than 12,500 Tamil women raped and killed; more than 2500 buildings of Tamils’ religious places of worship (Churches and Temples) destroyed in aerial bombings and artillery shelling and billions of rupees worth of material damage had been caused to the Tamils by the Sri Lankan government.

    As a result of well planned ethnic cleansing by the Sinhala State, nearly 500,000 Tamil people were internally displaced and more than 500,000 Tamils’ have sought political asylum in Europe and other countries. (Violation of UDHR articles – 3, 16, 16,17)

    2005 – 7th January, the UN Secretary General made a humanitarian visit to Sri Lanka to see the Tsunami affected areas. When Kofi Annan requested to visit the North East, the areas in the island most affected by the tsunami, the Sri Lankan authorities deliberately prevented him from making a humanitarian visit there.

    (Violation of UDHR articles – 13,25 & a serious violation of the United Nations Charter, Chapter XV Article 100.

    2006 – Sri Lankan citizens cannot seek remedy from the UN Human Rights Committee – Even though Sri Lanka is signatory to the ICCPR, on 15 September 2006, the Supreme Court effectively ruled that Sri Lankan citizens cannot seek remedy from the UN Human Rights Committee regarding human rights violations. It declared that the accession to the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) in 1997 does not bind Sri Lanka and has no legal effect within the island. – Decision of the Supreme Court 15 September 2006 – SC Spl (LA) No 182/99. (Violation of UDHR articles – 8, 10,19)

    2006 – Sri Lanka’s Air Force bombed a gathering of schoolgirls at Vallipunam on August 14, 2006, killing 56 schools girls and wounding 210 others. (Violation of UDHR articles – 3, 10,12,13,20,26)

    2006 – The India and Sri Lanka accord was signed in 1987 under the guise of settling the Tamil ethnic conflict in Sri Lanka. Under this accord the merger of North Eastern province took place on 8 Sep.1988. But, after exactly 18 years, The Supreme Court delivered its political judgement on 16 October 2006, stating that the merger of these two provinces was invalid. (Violation of UDHR articles – 3,5,9,10,13,21)

    2007 – Sri Lanka was ranked third most dangerous place for the media in the world, with many journalists having been killed. (Violation of UDHR articles – 3,5,6,7,10,13,18,19)

    2008 – Sri Lanka withdrew from the Ceasefire Agreement-CFA between the government of Sri Lanka and the LTTE that was signed in February 2002. (Violation of UDHR articles – 3,5,9,10,13,)

    2008 – According to the UN Working Group on Enforced or Involuntary Disappearances, presently Sri Lanka rank as the country with the highest number of disappearances. The fate of 656 Tamils who ‘disappeared’ in 1996 was not yet known but Tamils continued to ‘disappear’ in North East. Many Tamil journalists, academics, parliamentarians, human rights activists, children and others in the North East were killed. (Violation of UDHR articles – 3,4,5,7,9,10,11)

    2008 – IIGEP quit Sri Lanka – President Rajapaksa had invited the International Independent Group of Eminent Persons – IIGEP to observe and ensure the transparency of investigations held by the Commission of Inquiries on the complaints of abductions, disappearances and other serious violations of human rights arising since 1st August 2005. Also, the IIGEP was to ensure that those inquiries were conducted in accordance with basic international norms and standards. On 22 April 2008, the IIGEP, quit Sri Lanka, citing government unwillingness to implement its recommendations to bring the probe up to international standards, lack of financial stability, government interference and slow process. (Violation of UDHR articles – 8,10)

    2009 – Sri Lanka government and their security forces committed War crimes and Genocide against the Tamil people. This has been well recorded by all international human rights organisations and the United Nations. Furthermore these serious violations have been documented and screened by the TV Channel 4, UK. (Violation of UDHR and other international conventions)

    2010 – The UN Secretary-General’s appointed panel submitted a report on War Crimes in Sri Lanka on 12 April 2001. This was subsequently transferred to the UN High commissioner for Human Rights and the President of the Human Rights Council on 13 September 2011. However no action was taken.

    Persistent violations of the UDHR and other international conventions continue unabated despite increasing international pressure on Sri Lanka.

  61. TRN says:

    I have also decided not to comment on articles/ blogs anymore. I shall of course continue to write articles/ blogs when warranted. I shall inform the readers who have volunteered to help with funds on a pssible mechanism to do so, soon.

    ————————–
    Dear Dr. RN,

    We will miss your participation in this blog. However spend your time on a more nobler cause.

    We know your efforts are genuine, not with hidden agendas. Wish you all the very best.

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