WE, as concerned Citizens of Australia, petition the Commonwealth Parliament
on the plight of the Tamil People in the Northeast of Sri Lanka. WE, are law
abiding Australians, who believe in the traditional Australian values. These
values require us not to remain silent when the Tamil people in the Northeast of
Sri Lanka are faced with genocide and terror from the security forces and its
allied paramilitary groups, acting as agents of the government.
1. The war crimes and human rights violations committed by the agents of
the government of Sri Lanka, many of which have received the condemnation of
the United Nations Agencies, the International Community, Amnesty
International, Human Rights Watch and other recognized Human Rights
organizations, and have also been confirmed by the former Foreign Minister
Mr.Samaraweera in the present government and the Leader of the Opposition,
include:
� Murder of Tamil Parliamentarians; murder, intimidation and abduction of
leading Tamil academics, journalists and businessmen, with the view of
stifling the voice of the Tamil People and destroying the intellectual and
economic segments of the Tamil People
� Extrajudicial killings and abduction of civilians, including students
� Aerial bombing of the civilian population
� Displacement of civilians from their normal habitations
� Virtual imprisonment and starvation of residents of Jaffna by closing
the only access by the A9 road, preventing the free movement of food and
medicine
� Attack on places of worship of Christians and Hindus
� Occupation of schools, which prevents children�s education at all
levels and occupation of places of worship by Security Forces
� Rape as a weapon of war.
We have attached reports relating to some of the matters referred to
above from International Human Rights Organization � see appendix A-Z
2. These human rights violations and genocide are not a recent phenomenon
but commenced immediately after Sri Lanka became an independent country.
2.1 Several State colonization schemes were brought into operation to
settle members of the majority Sinhalese community on lands traditionally
occupied by the Tamil people in the East of Sri Lanka, in order to reduce
the Tamils to a minority in such colonized zones. 2.2 The constitution
framed by the United Kingdom government, when independence was granted to
Sri Lanka, contained Section 29, which ensured the protection of the
minority community. The Privy Council held that this section was an
entrenched provision which could not be repealed or amended by the
Parliament of Sri Lanka. However, the Parliament of Sri Lanka thereafter
abolished appeals to the Privy Council. This was followed by, what was
termed a �bloodless revolution� by the government of Sri Lanka. The members,
who were elected to Parliament, at a general election, were deemed to be
members of a Constituent Assembly. The proceedings of this assembly were
boycotted by the Tamil Members of the Parliament. This Assembly framed a new
Constitution, which omitted section 29 and thereby nullified the effect of
the binding order of the Privy Council. The United Kingdom government, which
had, at time of the conquest of Sri Lanka, amalgamated the Tamil Kingdom
with the other Kingdoms of Sri Lanka for administrative convenience, had
hoped that the Constitution it framed when it granted independence would
ensure justice to the Tamil Community. History has proved otherwise.
2.3 A series of riots were initiated and encouraged by the government,
causing extensive death and destruction, in order to force the Tamils to
flee from their residences and occupations in the South of Sri Lanka.
2.4 Non-violent and peaceful protests by the Tamil People for over 35
years against discrimination, were met by violent reprisals by the
government and several pacts solemnly entered into by the government and
some Tamil political parties for minimal devolution of power, were later
unilaterally abrogated by the government. These events gave rise to armed
conflict and the demand for self determination by the Tamil People.
3. The genocide, war crimes and crimes against humanity committed by the
agents of the Government of Sri Lanka are contrary to International Law and
Conventions. They are also crimes under Chapter 8, Division 268 of the
Criminal Code Act (1995) of the Commonwealth of Australia.
4. The Declaration of Principles of International Law concerning Friendly
Relations and Cooperation among States in accordance with the Charter of the
United Nations, by Resolution 2625, recognized that no action would be taken
which would dismember or impair the territorial integrity or political unity
of sovereign and independent states only so long as they conduct themselves
� �incompliance with the principle of equal rights and self - determination
of peoples and possessing a government representing the whole people
belonging to the territory without distinction as to race, creed or colour.�
5. International Law also recognizes that the United Nations and the
international community would bear the �responsibility to protect� in
situations in which genocide, ethnic cleansing, war crimes against humanity
are occurring or are imminent.
6. Hence, we appeal to Parliament, by the exercise of its
authority and through the organs of government to:
a. Stop all aid to Sri Lanka and encourage other countries
to do likewise,
b. Take such measures as are appropriate to impose an
international ban on the supply of arms to Sri Lanka
c. Take measures as are necessary to have an international
ban on travel by members of the Government of Sri Lanka and of the armed
forces, who have committed, incited, assisted or condoned, acts constituting
genocide, war crimes or human rights violations.
d. Impose economic sanctions against Sri Lanka as are deemed
appropriate, and
e. Recognize the principles of equal rights and
self-determination of the Tamil People and, with the cooperation of other
members of the international community, to formulate and implement an
appropriate constitutional structure, to give effect to these principles
