The Tamil National Struggle & the Indo Sri Lanka Peace Accord
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An International Conference at the Middlesex Polytechnic, London
30 April & 1 May 1988
Conference Resolutions
1 May 1988
Resolution 1: Right
To Self Determination
Resolution 2: Recognition Of
Liberation Tigers Of Tamil Eelam
Resolution 3: Immediate Ceasefire
And Negotiations
Resolution 4: Secure The Life Of
Velupillai Pirabaharan
Resolution 5: Political Asylum For
Tamil Refugees
N.Seevaratnam, Secretary General
World Federation of Tamils to Indian Prime Minister Rajiv Gandhi
Resolution 1: Right To Self
Determination
Considering that the Tamils of Eelam are a people bound together by a
shared heritage, a
common culture
and a common language;
and
Considering that the togetherness of the Tamil people has evolved in the
context of a shared economic life in their
homeland in the North and East of Eelam; and
Considering that without a homeland they would not have become a people and
that without a homeland they will cease to be a people; and
Considering that the togetherness of the Tamil people has been reinforced
by an ever widening
and deepening national oppression by successive Sinhala governments - an
oppression which has included the
disenfranchisement of Plantation Tamils,
state aided colonisation of the homeland of the Tamil people,
the downgrading of the Tamil language and the enactment of the Sinhala Only
Act, discriminatory employment policies, the inequitable allocation of
resources to Tamil areas,
the exclusion of eligible Tamil students from universities,
the refusal to share power within the frame of a federal constitution,
and the resort to
state sponsored violence against the Tamil people to intimidating them
into submission and which violence has led to a genocidal situation; and
Considering that a people oppressed by an alien people have the inalienable
and inherent
right to engage in armed struggle against that oppression and
recognising that
this right of self determination has today become a peremptory norm of
the law of nations; and
Considering that the armed struggle of the Tamil people, in which thousands
of Tamils have given their lives so that their brothers and sisters may live
in equality and justice has cemented the togetherness of the Tamil people;
and
Recognising that the existential political reality today is that by any and
every test, the Tamils of Eelam are a nation and that
Tamil nationalism is an irresistible political force with power to direct
and influence the conduct of Tamils everywhere; and
Recognising the inherent and self evident justice of the claim of the Tamil
people in the joint and unanimous
Thimpu Declaration of July 1985, for
- A. The recognition of the Tamil Nation in Eelam
- B. The recognition of the Northern and Eastern provinces as the homeland
of the Tamils in Eelam
- C. The recognition of the right of self determination of the Tamil
Nation in Eelam
- D. The recognition of the equal right to citizenship and other
fundamental rights of all Tamils in Eelam: and
Considering that the right of self determination is the right of a people
to freely choose their political status and may be exercised while remaining
in association or integration with an existing state; and
Recognising that
peace will not come to the Indian Region without justice and that
justice demands that action should be taken to secure to the Tamils of Eelam
those basic and
fundamental rights which spring from the inherent dignity of man because
the Tamil people seek to live with dignity with their fellow men, and
considering that foremost amongst those basic and fundamental rights, and
from which all other rights flow, is
the right of self determination of a people:
This International Conference of Delegates from more than one hundred Tamil
Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia,
Middle East, Papua New Guinea, Philippines, Sri Lanka, the United Kingdom, and
the United States of America, in expressing the considered will of the
International Tamil Community on this 1st Day of May 1988
1. Expresses the
solidarity of the International Tamil Community with their brothers and
sisters in Eelam at this time of trial and tribulation; and
2. Declares the support of the International Tamil Community for the
national liberation struggle of the Tamils of Eelam; and
3. Recognises the Tamils of Eelam as a nation with the right to self
determination; and
4. Calls upon the
Government of India, the Government of Sri Lanka, and the
other member states of the United Nations as well as Non-Governmental
Agencies with consultative status to support the struggle of the Tamils of
Eelam for their basic and fundamental rights, including the right of self
determination; and
5. Urges the International Community to
assist in securing a just political settlement of the conflict in Sri
Lanka on the basis of an open recognition of the political reality that
there exists in Sri Lanka today two nations - the Tamil Nation and the
Sinhala Nation - and that two nations may agree to live together by force of
reason but cannot be compelled to live together by force of arms; and
6. Resolves that the
Thimpu Declaration of July 1985
affords the only reasoned and just framework for the political settlement of
the conflict in Sri Lanka.
Resolution 2: Recognition Of
Liberation Tigers Of Tamil Eelam
Considering that a people oppressed by an alien people
have the inalienable and inherent right to engage in armed struggle against
that oppression
and recognising that
this right of self determination
has today become a peremptory norm of the law of nations; and
Considering that at Thimpu in Bhutan, in July 1985, the Government of Sri
Lanka participated in talks with representatives of the armed liberation
organisations of the Tamils of Eelam with a view of resolving the Tamil
National question and with the declared intention of abiding by any
agreement that may be reached' and thereby recognised
the legitimacy of the armed struggle of the Tamil people; and
Welcoming the recognition given by the Government of India and the
Government of Sri Lanka in the
Indo Sri Lanka Accord of July 1987 to the armed liberation organisations
of the Tamil people, by declaring them to be 'combatants'
in the struggle of the Tamil people for their basic and fundamental rights;
and
Regretting the decision of the signatories to the Indo Sri Lanka Accord to
call upon the combatants to surrender their arms before securing a
resolution of the central issues of the Tamil National Struggle and before
resolving the so called 'residual matters'; and
Deploring
the failure of the 13th constitutional amendment presented by the Sri
Lankan Government in August 1987 to adequately address the so called
'residual matters' and the central issues of the struggle of the Tamil
people which were crystallised in the
joint and unanimous Thimpu Declaration of July 1985; and
Welcoming the stand of
Velupillai Pirabaharan and the Liberation Tigers of Tamil Eelam on the
Indo Sri Lanka Accord and the 13th amendment to the constitution and
agreeing with the statement of Velupillai Pirabaharan that the set of
proposals envisaged in the Indo Sri Lanka Accord for the settlement of the
Tamil National Question
has serious limitations and therefore falls short of fulfilling the
political aspirations of the Tamil people; and
Condemning the
action of the Sri Lankan Government in taking into custody leaders of the
Liberation Tigers of Tamil Eelam in October 1987, after the declaration
of the general amnesty, and in breach of the terms of the Indo Sri Lanka
Accord; and
Regretting the failure of the Indian Government to secure the release of
the leaders of the Liberation Tigers of Tamil Eelam so taken into custody;
and
Mourning the consequent death in custody, of these leaders; and
Condemning the
subsequent widespread and indiscriminate attack by the so called Indian
Peace Keeping Force on the Liberation Tigers of Tamil Eelam and on the Tamil
people as an attempt by the Indian Government to bend the LTTE and the Tamil
people to its will and to secure their unconditional support for the Indo
Sri Lanka Accord and the 13th amendment to the constitution; and
Paying homage to the heroism of the Liberation Tigers of Tamil Eelam and
their leader Velupillai Pirabaharan for their uncompromising struggle to
defend the basic and
fundamental rights of the Tamil people and recognising
that that heroism has become part of the founding memories of the Tamil
Nation:
This International Conference of delegates from more than one hundred Tamil
Associations from Africa, Australia, Brunei, Canada, Europe' India, Malaysia,
Middle East, Papua. New Guinea, Philippines, Sri Lanka, the United Kingdom, and
the United States of America, in expressing the considered will of the
International Tamil Community on this 1st Day of May 1988
1. Recognises Velupillai Pirabaharan and the Liberation Tigers of Tamil
Eelam as the true leaders of the Tamil National Struggle; and
2. Calls upon Tamils everywhere to strengthen the capacity of the
Liberation Tigers of Tamil Eelam to further the
Tamil National Struggle and to support the efforts of the Liberation
Tigers of Tamil Eelam to secure the basic and fundamental rights of the
Tamil people; and
3. Calls upon the Government of India, the Government of Sri Lanka, and the
other member states of the United Nations as well as Non-Governmental
Agencies with consultative status to recognise Velupillai Pirabaharan and
the Liberation Tigers of Tamil Eelam as the true leaders of the Tamil
National Struggle.
Resolution 3: Immediate Ceasefire And
Negotiations
Recognising the urgent and imperative need to prevent the continued suffering
of the Tamil people in their homelands in Ceylon and recognising their
fervent prayers for peace; and
Recognising that the
Indo Sri Lanka Accord of July 1987 and the
13th amendment to the Sri Lankan constitution have failed to secure
peace and normalcy in Sri Lanka; and
Considering that peace will not come to the Indian Region without justice; and
Recognising that Velupillai Pirabaharan and the Liberation Tigers of Tamil
Eelam have emerged as the true leaders of the Tamil National Struggle:
This International Conference of Delegates from more than one hundred Tamil
Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia,
Middle East, Papua New Guinea, Philippines, Sri Lanka, the United Kingdom, and
the United States of America in expressing the Considered u ill of the
International Tamil Community, on this 1st Day of May 1988
1. Calls upon the Government of India, and the Government of Sri Lanka for
an immediate cessation of hostilities and to accede to the request of the
Liberation Tigers of Tamil Eelam for an immediate cease-fire; and
2. Calls upon the Government of India, the Liberation Tigers of Tamil Eelam
and the Government of Sri Lanka to agree on the constitution of an
independent, impartial and mutually acceptable monitoring committee to
monitor the cease-fire agreement; and
3. Calls upon the Government of India, the Liberation Tigers of Tamil Eelam
and the Government of Sri Lanka to commence and conclude negotiations during
the period of such cease-fire, with a view to reaching a political
settlement of the conflict in Sri Lanka on the basis of the reasoned
framework of the
Thimpu Declaration which express the joint and unanimous will of the
Tamil people.
Resolution 4: Secure The Life Of
Velupillai Pirabaharan
Paying homage to the heroism of Velupillai Pirabaharan, the leader of the
Liberation Tigers of Tamil Eelam, for his uncompromising struggle to defend
the basic and fundamental rights of the Tamil people as crystallised in the
Thimpu Declaration; and
Condemning the action of the Government of Sri Lanka in offering a reward
of one million rupees for the capture of Velupillai Pirabaharan, dead or
alive, and deploring the support given by the Government of India to such
action:
This International Conference of Delegates from more than one hundred Tamil
Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia,
Middle East, Papua New Guinea, Philippines Sri Lanka, the United Kingdom and the
United States of America, in expressing the considered will of the International
Tamil community on this 1st day of May 1988
1. Calls upon the Government of India and the Government of Sri Lanka to
recognise that Velupillai Pirabaharan has today become the living symbol of
the Tamil National Struggle and to further recognise that living symbols
will not die; and
2. Calls upon the Government of India and the Government of Sri Lanka to
recognise that peace will not come to the Indian Region without justice; and
3. Therefore urges the Government of India and the Government of Sri Lanka
to ensure and secure the physical safety of Velupillai Pirabaharan, the true
leader of the Tamil national struggle.
Resolution 5: Political Asylum For
Tamil Refugees
Considering that the elected President of Sri Lanka declared publicly in
July 1983 that he was no longer concerned with the lives or opinion of the
Tamil people; and
Considering that the Tamils have suffered
increasingly widespread persecution in Sri Lanka during the past decade,
and that such persecution included extra judicial killings, torture,
state- sponsored arson and looting of Tamil homes and businesses, and
arbitrary arrest and imprisonment under the
Prevention of Terrorism Act; and
Considering that the International Commission of Jurists in a statement to
members of the UN Sub-Commission on the Prevention of Discrimination and
Protection of Minorities, in 1983, urged that the Government of Sri Lanka
"should demonstrate its commitment to the Rule of Law through repeal of the
Prevention of Terrorism Act which violates Sri Lanka's international
obligations under the International Covenant on Civil and Political Rights
to which it is a party"; and
Considering that the provisions of the Prevention of Terrorism Act were
described by the
Chairman of British Justice in 1984 as `'a blot on the statute book of any
civilised country"; and
Considering that the United Kingdom Parliamentary Human Rights Group
concluded in 1985 that the "Tamil minority (in Sri Lanka) is under threat"
and considering that the Working Group at the second consultation of the
Standing International Forum on Ethnic Conflict, Development and Human
Rights declared in the Netherlands in 1986 that there was a "general
consensus that within Sri Lanka the Tamils do not have the protection of law";
and
Considering that Amnesty International, in
1984,
1985,
1986
and 1987,
repeatedly expressed its grave concern to the Government of Sri Lanka at the
continued extrajudicial killings, torture and disappearances of Tamils in
Sri Lanka; and
Considering that the
International Human Rights Law Group in Washington concluded in 1985
that the failure to punish security force personnel implicated in violence
seriously compromises Sri Lanka's international obligations and its domestic
law; and
Considering that despite repeated appeals from International Human Rights
bodies such as Amnesty International, the International Commission of
Jurists, and from regional organisations concerned with the protection of
human rights such as
Lawasia, the Government of Sri Lanka failed to order independent
investigations into reports of torture, extrajudicial killings and
disappearances of Tamils in Sri Lanka, and considering that such failure
added to Tamil fears of persecution in Sri Lanka; and
Considering that the
6th Amendment to the Sri Lankan Constitution in 1983 rendered it illegal
for any Tamil to directly or indirectly, peacefully or otherwise, engage in
any activity connected with the establishment of a separate state and
thereby sought to persecute the Tamils of Sri Lanka for expressing their
political beliefs, and considering that the International Commission of
Jurists declared in 1984 that the said
6th Amendment was a violation of Article 25 of the International Covenant of
Civil and Political Rights
and a violation by Sri Lanka of its obligations under the said Covenant; and
Considering that the
Indo-Sri Lanka Accord of July 1987 failed to secure the repeal of the
Prevention of Terrorism Act and the
6th Amendment to the Constitution, and considering that such failure
added to Tamil fears of continued persecution in Sri Lanka; and
Considering that despite the Indo-Sri Lanka Accord of July 1987, Amnesty
International concluded in September 1987 that there was "considerable
uncertainty about the safety of Tamils in Sri Lanka", and
Considering that on the 10th October 1987,
a widespread and indiscriminate attack was launched by the so-called Indian
Peace Keeping Force on the Tamils in the North and East of Sri Lanka and
on the Liberation Tigers of Tamil Eelam, who had been recognised by the
Indo-Sri Lanka Accord as 'Combatants' and considering that the purpose
of such war was to secure the unconditional acceptance by the Tamil people
of the Indo-Sri Lanka Accord of July 1987; and
Considering that in the course of such war the so-called Indian Peace
Keeping Force acted in
breach of the rules of international law
governing the conduct of war and killed, tortured and
raped Tamil civilians,
destroyed Tamil civilian homes and hospitals and killed Tamil combatants
instead of taking them prisoners of war and considering that the Tamil
people and the Liberation Tigers of Tamil Eelam have steadfastly refused to
signify their unconditional acceptance of the Indo Sri Lanka Accord of July
1987 and considering that the so-called Indian Peace Keeping Force continues
to wage war in the Tamil homelands to the present day and that such war has
rendered it impossible for Tamils to live freely in their homelands without
fear of persecution; and
Considering that during the past five years more than 125,000 Tamils from
Sri Lanka have sought
refuge in India, around 50,000 have sought refuge in Europe and
thousands more in Australia, Canada, the United States and in many other
lands; and recognising that such Tamils fear that if they return to Sri
Lanka they will be persecuted for reasons of race, religion, nationality or
membership of a particular social group or political opinion and in addition
will become civilian victims in the war waged by the so-called Indian Peace
Keeping Force; and recognising that their fear includes fear of arbitrary
arrest and detention under the Prevention of Terrorism Act, fear of capture,
torture and extrajudicial killing both by the so called Indian Peace Keeping
Force and by the Sri Lankan State Security forces, and fear of arrest and
deprivation of property under the provisions of the 6th Amendment to the
Constitution and recognising that by any and every test their fear is well
founded:
This International Conference of Delegates from more than one hundred Tamil
Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia,
Middle East, Papua New Guinea, Philippines, Sri Lanka the United Kingdom and the
United States of America, in expressing the considered will of the International
Tamil community, on the 1st day of May 1988
1. Calls upon the member states of the United Nations, including the
Governments of the United Kingdom, Italy, France, Switzerland, the Federal
Republic of Germany, Denmark, Norway, Australia, Canada, the United States
of America, and India as well as non-governmental agencies with consultative
status to recognise that every Tamil from Sri Lanka who has sought asylum as
a refugee has a prima facie right to refugee status and to the protection of
International Humanitarian law as such refugee; and
2. Calls upon the member states of the United Nations, including the
Governments of the United Kingdom, Italy, France, Switzerland, The Federal
Republic of Germany, Denmark, Norway, Australia, Canada, the United States
of America, and India to grant to every claimant for refugee status the
right to an impartial and fair determination of his or her claim subject to
a right of appeal against a negative decision to an independent review body;
and
3. Requests that, pending the final determination of a claim for refugee
status, in accordance with the principles of natural justice, the member
states of the United Nations, including the Governments of the United
Kingdom, Italy, France, Switzerland, the Federal Republic of Germany,
Denmark, Norway, Australia, Canada, the United States of America, and India
refrain from returning any Tamil who has sought refugee status to Sri Lanka
against his or her will.
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