Swiss Federation of Tamil Associations 
	to the Australian Foreign Ministry
    15 November 1995 
  
  15 November 1995
  
  Mr.John Oliver, 
  Acting First Assistant Secretary, 
  South and South Asia Division 
  Department of Foreign Affairs, 
  Canberra , Australia.
  
  
  Dear Mr.Oliver, 
  Appeal for Humanity and Justice 
  
  We thank you for your letter of 6 October on behalf of Senator Evans and 
	the careful consideration that you have given to our views about the 
	situation in the island of Sri Lanka. We are particularly encouraged by your 
	statement that: 
  
    "Australia is prepared to consider assisting a genuine peace process in 
	any way that would be useful and acceptable to both sides". 
  
  We are, however, not surprised by your further statement that: 
  
    "…following recent discussions between Senator Evans and the Sri Lankan 
	Government, there appears to be no obvious role for third party involvement 
	at present." 
  
  We are not surprised because during the past several years, 
	Sri Lanka has consistently rejected offers of international involvement 
	with a view to resolving the conflict in the island. 
  We recognise that the strategy of the Sri Lanka government is to 
	wage war against the armed resistance of the Tamil people, at whatever cost 
	in Tamil civilian casualties; annihilate Tamil resistance, proclaiming 
	that it is necessary to 'weaken' it; and in this way create the frame for 
	Sri Lanka to impose its own 'political solution' on the Tamil people, so 
	that Sinhala rule may be perpetuated in a 'more acceptable form'. We also 
	recognise that whilst Sri Lanka is engaged in this effort, it may well see 
	no 'obvious role' for third party involvement - except, of course, as silent 
	bystanders who do not impede Sri Lanka's continued genocidal onslaught on 
	the Tamil people. 
  However, the political reality is that third party involvement 
	(silent or otherwise) has always existed in relation to the conflict - and 
	continues to exist. 
  For instance, the 
	Aid Consortium, meeting annually in Paris during the past several years, 
	has propped up the tottering Sri Lanka economy - recently to the tune of 30 
	billion rupees. Today, Sri Lanka's defence budget exceeds its education 
	budget plus its health budget. However, the militarisation of Sinhala 
	society and the swelling ranks of Sinhala Army deserters has not secured 
	stability - it has done the reverse. 
  Again the influx of 
	Tamil asylum seekers to Australia, Europe, Canada and elsewhere is also 
	a part of this larger 'third party involvement.' Further, it cannot be 
	gainsaid that 'third party involvement' by way of arm sales (both lethal and 
	non lethal, covert and open) continues to feed Sri Lanka's unjust war 
	against the Tamil people. 
  We respectfully suggest that it surely cannot be in the interests of the 
	international community to be seen to support the genocidal actions of 
	President Chandrika Kumaratunga's government - because, even apart from 
	everything else, genocide is not the path to stability - it will only 
	broaden and deepen resistance to alien rule and domination - and without 
	stability there will be no climate for economic development. 
  UN Secretary General calls for humanitarian 
	aid for 400,000 Tamils 
  May we 
	also say that we do not use the word 'genocide' lightly. The recent 
	intensified attacks by the Sri Lanka armed forces in the densely populated 
	Jaffna peninsula has resulted in upto 400,000 Tamils being displaced from 
	their homes and living in appalling conditions which threaten starvation and 
	disease. 
  Here, we seek your open support for the 
	appeal made by the UN Secretary General Boutros Boutros-Ghali, on 4 November 
	1995 for urgent humanitarian aid for up to 400,000 Tamil refugees 
	fleeing their homes as Sri Lanka government troops invade the Jaffna 
	peninsula. Dr Boutros-Ghali has said that humanitarian aid on a significant 
	scale was needed to minimise the suffering of the Tamil people. 
  We may mention in this connection that on 11 November thousands of Tamils 
	and supporters of the Tamil cause participated in demonstrations in Europe 
	urging support for the appeal made by the UN Secretary General Boutros 
	Boutros-Ghali. We annex hereto a copy of the Press Briefing given at Berne 
	by the Swiss Federation of Tamil Associations on 10 November 1995. 
  Though Sri Lanka President Chandrika Kumaratunga has sought to justify the 
	invasion of the Tamil homeland as a war to 'liberate' the Tamil people from 
	the Liberation Tigers, the fact is that the Tamil people have fled in their 
	thousands from their would be 'liberators', leaving behind them their homes 
	and hard earned belongings. 
  Further, though President Chandrika Kumaratunga has claimed that the Sri 
	Lanka security services have endeavoured to minimise civilian casualties, 
	the undeniable fact is that the invading Sinhala army has indiscriminately 
	bombed and shelled the Tamil homeland; that hundreds of Tamil civilians had 
	been killed and thousands maimed; that houses had been flattened and 
	farmland destroyed; and that the economic blockade imposed by Sri Lanka had 
	prevented food and urgently needed medical supplies reaching the peninsula. 
  On 1 November, the Government's own representative in the peninsula urged 
	the Sri Lankan Defence Ministry to stop bombing civilians and refugees in 
	Jaffna and has told President Kumaratunga that civilians in refugee camps 
	were being killed by aerial raids and appealed for safe areas to be set up. 
  Thousands of people have fled Jaffna with the spread of disease causing 
	concern among relief agencies. Relief workers have said that the few 
	hospitals in the peninsula are dangerously low on anaesthetics for surgery 
	and several drugs essential to stopping the spread of diseases and treating 
	war casualties. Without clean water and proper latrines, an epidemic could 
	hit in a matter of days and the world probably wouldn't see it happen. 
  Gerard Peytrignet, who heads the International Committee of the Red Cross 
	in the island has said that about half of the 400,000 Tamil refugees are 
	living and sleeping outdoors in heavy monsoon rains. He added: "The rest are 
	holed up in churches, schools and relatives' homes. The refugees have very 
	little food or proper sanitation. Doctors are already seeing cases of 
	dysentery and eye infections, and while cholera hasn't struck yet, the 
	conditions are perfect for a deadly epidemic.. Of course, in this type of 
	situation, anything could happen, quick action is needed." 
  The attack by the Sri Lanka armed forces has taken place under cover of a 
	press censorship imposed by Sri Lanka on September 21. The 
	press censorship has prevented full details of Sri Lanka's genocidal 
	attacks on the Tamil people from reaching the outside world. 
  At the sametime, Sri Lanka has used the cover of the press censorship, to 
	manage news of the war to the outside world and plant malicious propaganda 
	concerning alleged attacks by the LTTE on armed Sinhala settlements in the 
	Tamil homeland in the East. 
  The Canadian Toronto Star reported on 5 November: 
  
    "Relief workers are so afraid of making the government angry, they refuse 
	to photograph or shoot video of the refugees' suffering and smuggle pictures 
	out to the reporters… Few were willing to criticise the government publicly 
	because they are afraid it will shut down their relief operation in 
	retaliation… 'I think they don't want an International presence there to 
	witness what's happening,' a senior Western relief official said." 
  
  The conclusion is inescapable that the Sri Lanka armed forces are acting in 
	accordance with the dictates of their commander in chief President 
	Kumaratunga who said in an interview with an Indian journal on 30 April 
	1995: 
  
    "Q. Where do you go from here? 
    A. ...To defeat the LTTE you have to launch an all out attack (which 
	would mean a lot of Tamil civilian casualties) and the place (Jaffna) will 
	be wiped out. 
    Q. Is that possible? Can the Sri Lankan forces do it? 
    A. Ofcourse it is possible. That is what the IPKF tried to do." 
  
  President Kumaratunga's words are at one with the words of her predecessor, 
	President Jayawardene to a British newspaper, a couple of weeks before the 
	1983 genocide of the Tamil people in Colombo and elsewhere: 
  
    "I am not worried about the opinion of the Tamil people... now we cannot 
	think of them, not about their lives or their opinion... the more you put 
	pressure in the north, the happier the Sinhala people will be here... Really 
	if I starve the Tamils out, the Sinhala people will be happy." 
  
  In this context, the claim of the Sri Lanka government on 4 November that 
	the exodus of Tamil civilians was somehow 'contrived' to deprive the 
	government of 'the stated rationale for its military action, namely to 
	liberate the people of the peninsula from LTTE control' would be farcical if 
	not for its callous disregard of the unfolding human tragedy in the Tamil 
	homeland, caused by the wanton actions of the Sri Lanka armed forces. 
  The truth now stands exposed by Paul Watson from the Asian Bureau in a 
	report in the Toronto Star on 5 November that "while Sri Lanka's army fights 
	to crush Tamil rebels, its battling on another front against foreign relief 
	workers trying to care for 400,000 war refugees." He reported: 
  
    " Western relief agencies accuse the military of blocking desperately 
	needed aid. Tight restrictions are preventing the delivery of drugs, tents 
	and blankets as well as equipment to build latrines, said frustrated aid 
	officials, who spoke on condition they not be named…More food won't end the 
	refugees' suffering or stave off disease because most have no shelter from 
	the rain, proper toilets or safe water, relief workers said. While the 
	government is announcing the new food of deliveries by sea, its army was 
	blocking a small convoy of relief trucks that was supposed to cross into 
	rebel territory yesterday." 
  
  President Kumaratunga declared recently at the UN: 
	"Concerted international action is essential to combat terrorism and to 
	compel the terrorists to renounce violence and enter the democratic process. 
	Unfortunately, effective action to that end has been frustrated through 
	sterile philosophical debate about the nature of terrorism." 
  That Sinhala chauvinism should assert that discussion 
	about the nature of terrorism, is 'sterile' and 'philosophical' is not 
	altogether surprising. On the one hand, Sinhala political parties (who had 
	'entered' the so called 'democratic process') have during the past four 
	decades sponsored and actively encouraged terrorism against the Tamil 
	people. On the other hand, President Kumaratunga seeks to demonise the 
	lawful armed resistance of the Tamil people to decades of oppressive 
	Sinhala rule as 'terrorism' and provide a legitimising facade for her 
	current genocidal attack on the Tamil people. 
  We agree that concerted international action is essential to combat 
	terrorism. But the fact is that it is in Sri Lanka, that state terrorism was 
	consolidated and refined as a way of political life by the J.R. Jayawardene 
	government, and later by President Premadasa and President D.B.Wijetunga. 
	And this continues under President Kumaratunga today. 
  On 9 August 1995, 
	21 non governmental organisations in a joint statement to the UN 
	Sub-Commission on Prevention of Discrimination and Protection of Minorities 
	expressed their grave concern at the 'impunity with which the Sri Lanka 
	armed forces continue to commit gross and inhumane violations of human 
	rights and humanitarian law' and went on to condemn such actions as being 
	'intended to terrorise and subjugate the Tamil people'. The Statement added: 
  
    "In May this year, President Chandrika Kumaratunga 
	declared that it may be necessary to launch an all out attack in the Jaffna 
	peninsula and that this 'would mean a lot of civilian casualties' and the 
	'place would be wiped out'. In May, June and July the Sri Lanka armed forces 
	launched a genocidal onslaught on the Tamil people in the Tamil homeland in 
	the North-East… 
    The aerial bombardment of civilian population centres and places of 
	worship follow a pattern set by the Sri Lanka armed forces over the past 
	several years and President Kumaratunga's belated promise to investigate the 
	recent violations, must ring hollow in the ears of the Tamil people whose 
	kith and kin have lost their lives or their limbs in the bomb outrage." 
  
  Collapse of the Peace Talks 
  President Kumaratunga has sought to justify her current military operations 
	by asserting to the international community that it was the withdrawal of 
	the LTTE from the peace talks in April 1995 which led to Sri Lanka's current 
	'war for peace'. Here, we also note your statement that the Australian 
	Government has 'expressed strong disappointment at the unilateral decision 
	of the Liberation Tigers of Tamil Eelam (LTTE) to withdraw from the peace 
	talks and resume armed conflict' and your further statement that - 
  
    "The LTTE's justification for ending the Cessation of Hostilities… was 
	not convincing and served to cast considerable doubt on the sincerity of 
	LTTE's stated desire for a peaceful settlement to the ethnic conflict." 
  
  On the question of sincerity and good faith, may we point out Sri Lanka 
	President Kumaratunga's frank admission in the Sinhala owned Sri Lanka 
	Sunday Times on 20 August 1995: 
  
    "I have studied and acquired considerable knowledge on guerrilla warfare 
	when I was a student in Paris, and we knew how they would behave. We 
	conducted talks on the basis that the LTTE would not agree to any peaceful 
	settlement and lay down arms." 
  
  Whilst it is significant that President Kumaratunga's Paris education had 
	not extended to a study of the Kissinger negotiations which ended the 
	conflict in Vietnam or for that matter the London negotiations which ended 
	the guerrilla war in Zimbabwe what is more significant was her frank 
	admission that she did not participate in the peace talks in good faith with 
	the object of reaching a 'peaceful settlement' because her Paris studies had 
	convinced her that this was not possible with a guerrilla movement. 
	President Kumaratunga's hidden agenda was exposed by her own appointee as 
	Chairman of the Sri Lanka state television, Rupavahini, Mr.Vasantha Rajah, 
	who wrote with the knowledge of an insider in the Sri Lanka state controlled 
	Sunday Observer on 25 June 1995: 
  
    "... a hidden agenda seeped into the government's peace effort. Instead 
	of making a genuine effort to cultivate confidence and trust with the Tiger 
	leadership and exploring 'common ground', the government got side tracked by 
	a different strategy: to try and isolate the Tiger leadership from the Tamil 
	masses so that the military could corner and defeat them. The military 
	establishment, together with most Sinhala intellectuals and left wing 
	politicians... had been preaching this was for some time. This became the 
	aim of the Presidential initiative too. In other words the peace process 
	began to resemble a tactical episode in the government's strategy to crush 
	the Tigers. Indeed President Chandrika even spoke about such an intention 
	publicly." 
  
  You also state in your letter: 
  
    "The ending of the peace process did nothing to resolve understandable 
	complaints from the Tamil side about the pace of the talks, the level of the 
	dialogue, and the delays in the lifting of fishing restrictions and the 
	supply of fuel and other commodities to Jaffna. These issues should have 
	been pursued through continuing dialogue, not abandoning it." 
  
  Here, the words of 
	Velupillai Pirabaharan, the Leader of the LTTE in a BBC interview on 30 
	April 1995 are apposite: 
  
    "In so far as the day to day problems of the Tamil people are concerned 
	the Government dragged its feet for more than six months. On these issues, 
	there were four rounds of talks and more than forty letters exchanged. 
	Furthermore, we gave a two weeks deadline and that was further extended to 
	three more weeks. If there was a genuine will on the part of the Government 
	it would have lifted the bans and proceeded with the implementation within 
	24 hours. I think that if the Government had been sincere there would not 
	have been any delays or difficulties." 
  
  The failure of the Sri Lanka government (for a period of six months and 
	more) to address what you have described as the 'understandable complaints' 
	of the Tamil side served to expose the 'hidden agenda' of a government whose 
	President now admits that she did not engage in the so called 'peace talks' 
	with a view to reaching a peaceful settlement. 
  The fact is that the so called peace process failed 
	not because of so called LTTE intransigence, but because President 
	Kumaratunga sought to use the talks as a mere 'tactical episode' in her 
	attempt to quell Tamil resistance. 
  President Kumaratunga's "Devolution Proposals"
  
  President Kumaratunga has also sought to buy the silence of the 
	international community to her genocidal onslaught on the Tamil people by 
	claiming that she has presented 'radical and wide ranging proposals' for 
	constitutional reform. We note the statement in your letter that: 
  
    "Australia welcomed the announcement on 3 August by President Kumaratunga 
	of radical and wide ranging new proposals for constitutional reforms, which 
	would devolve significant powers from the central government to regional 
	administrations. The proposals address underlying causes of ethnic conflict 
	and aspirations of the Tamil population." 
  
  However, the fact is that the 
	'political package'
  that President Kumaratunga announced on 4 August, one month after the launch 
	of the intensified attacks on the Tamil homeland, in July 1995, and one 
	month before President Kumaratunga renewed these attacks in September 1995, 
	was simply a 'mask' to cover her government's military strategy. Two days 
	before the official unveiling of the 'political package' on 4 August 1995, 
	President Kumaratunga had met with the Buddhist High Priests in Kandy and 
	promised that the package will not be finalised until the war against 
	the LTTE is won. 
  As for the proposals which have been touted to the international community 
	as 'wide ranging and radical' and devolving 'significant powers from the 
	central government to regional administrations', President Kumaratunga 
	herself exposed its true nature in the Sinhala owned Sri Lanka Sunday Times 
	reported on 20 August 1995: 
  
    "Defending the devolution package, (President Kumaratunga) said in no way 
	would it erode the supremacy of (the central) parliament... The President 
	said that since Policy Planning was a subject for the centre, the central 
	government had a hold in every subject a region handled... the President 
	said, even if a Regional Council opposes, the centre has the power to go 
	ahead and allocate land for its purposes. The President also moved to allay 
	fears of a North-East merger saying that the government did not have any 
	idea of merging the North with the East." 
  
  The ex Chief Justice of India, 
	V.R.Krishna Aiyer commented in the Hindu on 6 September 1995 on the 
	failure of the Chandrika proposals to recognise the existence of the Tamil 
	homeland:: 
  
    " It is beyond argument that the North-East is the homeland of the Tamils 
	and an unconditional acceptance of their integrated existence as a 
	provincial unit is basic. To treat the Tamil region just like any other 
	region is to miss the categorical imperative that the North and East is an 
	entity with a higher autonomy and foundational features, as distinguished 
	from the other provinces. To carve out other areas and glorify them as 
	regions may be a stroke of federal realism but the North-East is a 
	"quasi-Eelam" with more sub-sovereign powers and less Central presence than 
	the other regions. Otherwise, the whole course of the decade-long bloody 
	history will come to nought... 
    The Chandrika vision of Sri Lanka with all communities living in safety 
	and security, human dignity and equality, together with a string of 
	platitudes regarding human rights and fundamental freedoms does not take 
	note of the core of the controversy… The sharing of power of all regions 
	cannot be alike since that obliterates the relevance of the Tamil struggle 
	which entitles them to a far larger protection regarding human rights, 
	coexisting, as they are, with a snarling Sinhala majority.. 
    The contiguous Tamil territory, with its integrity restored as before the 
	disintegrative process during the last decade began, is important. Even the 
	powers, administrative, legislative, and judicial have to be wider, 
	deep-rooted and beyond manipulation by a majority in Parliament. The 
	grievous error in the "Chandrika package" is its failure to install the 
	North-East as a special category." 
  
  Again, predictably even the original devolution package announced by 
	President Kumaratunga on 4 August was further watered down and eventually, 
	the presentation of the draft legislation spelling out the specifics of the 
	'devolution package' to the Parliamentary Select Committee was also 
	deferred. In addition the main Sinhala opposition party, the United National 
	Party, has withheld expressing its views until the Government presents a 
	draft of its detailed legislation. 
  The response of the Liberation Tigers to the so called 'devolution package' 
	was a measured one. LTTE spokesman, Mr.Anton Balasingham addressing a Press 
	Conference in Jaffna on 11 August 1995 said: 
  
    "The so called political package is a mask to conceal the government's 
	military intentions. 
    President Chandrika Kumaratunga has already promised the Buddhist Maha 
	Nayakas that she would not finalise the proposals until the Liberation 
	Tigers are militarily defeated and the war brought to a finish. Under these 
	conditions, how can she resolve the conflict through political means or 
	bring durable peace to the country?... 
    It is being said that under this package, areas that were forcibly 
	colonised by Sinhalese will be excised from the North-East region. It is 
	also being said that this is not a package to devolve power to the Tamil 
	people but to all the regions in the island. 
    The package has to be placed before the Parliamentary Select Committee. 
	After the Committee sits on it, it has to go before Parliament which must 
	pass the bill with a two-thirds majority. The Peoples Alliance government 
	has only a wafer thin majority in Parliament and within the Alliance itself 
	there is opposition to the proposals. Having passed all these hurdles, the 
	Sinhala people have to approve the proposals at a referendum. 
    We say that the Tamil people have the right to determine their own 
	future. If any attempt is made to impose an arbitrary political settlement 
	on the Tamil people through military means, the LTTE will resist it.... 
    ... even today when the Chandrika government has closed its doors on 
	peace, we have not given up hopes of exploring a peaceful settlement. 
	Whether it is peace or war, we are ready for both. If the government halts 
	its military operations and creates the necessary atmosphere for peace by 
	showing concern for the day to day living needs of the Tamil people, we are 
	still prepared for political negotiations…" 
  
  The political reality is that the proposals presented by President 
	Kumaratunga far from addressing the 'underlying causes of ethnic conflict 
	and aspirations of the Tamil population' seek, on the contrary, to 
	perpetuate Sinhala rule in a rather more sophisticated manner. 
  We respectfully agree with the Australian government that a 
	negotiated settlement, is ultimately the only logical course to achieving a 
	durable solution to the conflict. But the short point that we seek to make 
	is that a peaceful resolution of the armed conflict in the island demands 
	also a recognition that the armed resistance of the Tamil people, led by the 
	Liberation Tigers of Tamil Eelam, arose as a response to decades of 
	oppressive rule by a Sinhala dominated Sri Lanka state and that that armed 
	resistance is both lawful and just. 
  It is not that representatives of two peoples cannot engage in peaceful 
	dialogue and work out structures within which they may associate with one 
	another, in equality and in freedom. They can. But such a dialogue must 
	surely begin with the recognition of the existence of two peoples in the 
	island living, in the main, in two different territories. 
  Eighteen non governmental organisations consisting of the International 
	Organisation for the Elimination of all Forms of Racial Discrimination, 
	International Educational Development, Centre Europe Ties Monde, 
	International Indian Treaty Council, Fedefam, Association paur la Liberte 
	Religiose, Codehuca, World Christian Community, Pax Christie International, 
	International League for the Rights and Liberation of Peoples, Movement 
	contra le Racisme, International Association of Educadores for World Peace, 
	International Association against Torture, World Confederation of Labour, 
	and International Movement for Fraternal Union among Races and Peoples, put 
	it well on 8 February 1993 at the UN Commission on Human Rights: 
  
    ''We are of the view that any meaningful attempt to resolve the conflict 
	(in the island of Sri Lanka) should address its underlying causes and to 
	recognise that the armed struggle of the Tamil people for self 
	determination, arose as a response to decades of an ever widening and 
	deepening oppression by a permanent Sinhala majority, within the confines of 
	an unitary Sri Lankan state. 
    It was an oppression which included the disenfranchisement of the 
	plantation Tamils, systematic state aided Sinhala colonisation of the Tamil 
	homeland, the enactment of the Sinhala Only law, discriminatory employment 
	policies, inequitable allocation of resources to Tamil areas, exclusion of 
	eligible Tamil students from Universities and higher education, and a 
	refusal to share power within the frame of a federal constitution. It was an 
	oppression by an alien Sinhala majority which consolidated the growth of the 
	national consciousness of the Tamil people. 
    During the past several years the Sinhala dominated Sri Lankan government 
	has attempted to put down the armed resistance of the Tamil people and has 
	sought to conquer and control the Tamil homeland. The record shows that in 
	this attempt, Sri Lanka's armed forces and para military units have 
	committed increasingly widespread violations of the rules of humanitarian 
	law. 
    In the East whole villages of Tamils have been attacked by the Army and 
	by the so called Home Guards. Many Tamil residents in these villages were 
	killed. Others have been tortured. Those Tamils who were detained by the Sri 
	Lankan authorities have had little or no hope of coming out alive. The 
	attacks on the Tamil homeland have been coupled with the declared opposition 
	of the Sri Lankan Government to the merger of the North and East of the 
	island into a single administrative and political unit. 
    However, despite the sustained attacks of Sinhala dominated governments 
	over a period of several decades, the territorial integrity of the Tamil 
	homeland in the North and East of the island has remained. The Tamil 
	population in the North and East, who have lived for many centuries within 
	relatively well defined geographical boundaries, share an ancient heritage, 
	a vibrant culture, and a living language which traces its origins to more 
	than 2500 years ago. 
    A social group, which shares objective elements such as a common language 
	and which has acquired a subjective consciousness of togetherness, by its 
	life within a relatively well defined territory, and its struggle against 
	alien domination, clearly constitutes a 'people' with the right to self 
	determination. 
    Today, there is an urgent need for the international community to 
	recognise that the Tamil population in the North and East of the island of 
	Sri Lanka are such a 'people' with the right to freely choose their 
	political status. It is our view that such recognition will prepare the 
	ground for the resolution of a conflict which has taken such a heavy toll in 
	human lives and suffering during the past several years." 
  
  We respectfully commend these views for the consideration of the Australian 
	Government and urge that the desire to retain the territorial integrity of 
	existing states should not prevent the international community from 
	recognising, as events in the old Soviet Union and in Eastern Europe have 
	shown, that national identities rooted in language, culture and history have 
	proved to be long enduring and the attempt to suppress such national 
	formations serve only to consolidate resistance to alien rule. 
  In an increasingly small and interdependent world, concepts of 
	'sovereignty' and 'territoriality' are themselves undergoing change. 
	Significantly as long ago as 1992, Velupillai Pirabaharan, the leader of the 
	LTTE declared: 
  "It is the Sri Lanka government that has failed to learn the lessons from 
	the emergence of the struggles for self determination in several parts of 
	the globe and the innovative structural changes that have taken place." 
  International humanitarian law 
  You state in your letter that the 'Australian Government hopes that the Sri 
	Lankan Government will exercise restraint in any military response it 
	pursues.' May we point out respectfully that the matter is not simply a 
	matter of 'restraint' but also of complying with the international law 
	relating to non international armed conflicts. 
  For instance, the facts as vouched for by the International Red Cross show 
	that the bombing of Navaly Church, several miles away from the front line of 
	battle cannot be explained away as a 'tragic incident where non combatant 
	Tamil civilians have been killed in (so called) military exchanges.' The 
	Navaly Church was deliberately bombed with at least six bombs. In a Press 
	Release from Geneva dated 11 July 1995, the Red Cross said: 
  
    "On 9 July the Sri Lankan armed forces launched a large scale military 
	offensive against the positions of the Liberation Tigers of Tamil Eelam 
	(LTTE) north of the city of Jaffna. The operation involving intensive 
	artillery shelling and air strikes, immediately forced tens of thousands of 
	civilians to leave the area. Many of the displaced sought shelter in 
	churches and temples, including several hundred people who took refuge in 
	the Church of St.Peter and Paul in Navaly. 
    According to eye witness accounts, this church and several adjacent 
	buildings were hit by further air force strikes at 4.30 p.m. the same day. 
	During the attack 65 people were killed and 150 wounded, including women and 
	children. That evening and into the night Sri Lanka Red Cross staff 
	evacuated most of the wounded by ambulance to the Jaffna Teaching Hospital. 
	Delegates of the International Committee of the Red Cross (ICRC) present the 
	next morning at the scene of the attack noted the widespread damage and 
	measured the extent of the tragedy. Many of the bodies had not yet been 
	removed from the rubble. 
    Deeply concerned by the series of violent acts that have claimed innocent 
	victims, the ICRC call on the parties involved to respect civilian lives, 
	property and places of refuge. It also urges them to respect the protected 
	zone around the Jaffna Teaching Hospital and to refrain from attacking any 
	other medical facilities." 
  
  In a report dated 18 August 1995, Marco Altherr, head of the ICRC 
	delegation to Sri Lanka added: 
  
    "It is not quite sure how many bombs fell, as only one hit the ground (a 
	crater), the others hitting concrete, but six is a fair estimate. The church 
	itself was not directly hit, but damaged by the blasts and shrapnel. More 
	than 1000 people were gathered in the compound, busy to prepare food for 
	dinner and accommodation for the night." 
  
  Further, the conduct of the Sri Lanka government subsequent to the Navaly 
	bombing reinforces its culpability. Sri Lanka initially denied knowledge of 
	the bombing. Later, Sri Lanka's Foreign Minister, Lakshman Kadirgamar blamed 
	the Red Cross for 'not informing the Sri Lanka government before issuing a 
	statement'! Subsequently, Sri Lanka's Foreign Minister promised to hold an 
	inquiry. But, later still, President Kumaratunga denied responsibility and 
	with a callous disregard for the victims of the attack, declared that 
	inquiries should be addressed to the Red Cross because it was they who seem 
	to know about the attack. 
  We have referred to some of these matters in some detail because the 
	failure of Governments with a strong commitment to human rights and 
	humanitarian law, such as Australia, to openly condemn these crimes against 
	humanity has led Sri Lanka to act with impunity. We are mindful that real 
	politick may sometimes demand a circumspect approach. But the price of 
	silence is that more and more Tamil civilian lives are lost day by day. We 
	believe that the Australian government can help save Tamil lives by giving 
	public
  expression to its concerns about Sri Lanka's genocidal attack on the Tamil 
	homeland. 
  In all these circumstances, we appeal to the Australian government, as a 
	matter of urgency, to respond positively and with humanity to the call made 
	by the Secretary General of the United Nations for urgent humanitarian aid 
	for hundreds of thousands displaced Tamils and also call upon the Sri Lanka 
	government 
  1. to withdraw from the occupied territories of the Tamil homeland and end 
	the genocidal attack on the Tamil people; and 
  2. to recognise the right of the Tamil people to choose their political 
	status in order to pave the way for a peaceful settlement of the conflict.