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Tamils - a Nation without a State
  
    Canada - 
    
	
	கனடா- an estimated 300,000 Tamils live in Canada -
 
 
 
    Sri Lanka�s �Shame�: the Massacre of Sixty One Innocent School GirlsSpeech at the Remembrance Day in Canada to mark the
 1st anniversary of the Vallipunam Senchcholai Massacre
 Usha S Sri Skanda Rajah, 14 August 2007
 
				"Ladies and gentleman let me draw 
				your attention to the mural on 
				the stage. A woman throwing up her arms in a sheer state of 
				helplessness depicted in the mural typifies our feelings of pain 
				and outrage. This outcry by women; led by women; using the 
				intellect, the expertise and advocacy power of women, for women 
				will continue until justice is done." 
     [see also
			
	The Charge is Genocide - the Struggle is for Freedom...
			] 
			Ladies and gentleman,
 
			  
			I stand before you as a proud member of the Scarborough Tamil 
			Women�s Organization; I am fortunate to be in the company of such 
			committed and outstanding women. Let me first extend my sincere 
			greetings and gratitude to all of you for your presence here today. 
			Ungal Elorukkum En Anparntha Vanakkam 
			We welcome you today with heavy hearts as we remember this day one 
			year ago when there was mayhem, 
			
			blood shed and carnage in the Vallipunam Senchcholai Compound in 
			the Mullaitivu district of Thamil Eelam; it was so shocking, so 
			horrific that you had to be there to know what happened; hear it not 
			from me but from Juliet, 18 years of age, a survivor who escaped 
			death with only shrapnel wounds on her hands. In her testimony to 
			NESOHR she said
   
				
				�We were in the 2nd day of our workshop on first aid and 
				disaster management skills. More than 400 school girls were in 
				attendance at the 10- day workshop. It was 7am we were by the 
				well, when we saw the K-fir jets faraway and thought that they 
				were heading elsewhere. Within seconds we saw them heading 
				directly to our centre and suddenly started bombing our 
				premises. As the bombs fell the girls ran in all directions, and 
				took cover by lying on the ground face down, hoping that the 
				bombers will go away. But the Kfir jets returned�.� 
			   
			Continuing to describe her ordeal Juliet said 
			   
				
				�There was chaos within the Senchcholai premises with each round 
				of bombing as more students were �wounded and more..killed. In 
				between air-strikes the girls ..were running to other positions 
				to take better cover. During lull periods they would run out and 
				aid the wounded and carry them to safer locations. Rescue 
				efforts got interrupted several times by a sudden return of 
				K-fir jets. Many died on the spot, many were wounded, most had 
				multiple injuries, some lost there their limbs some had severe 
				burns. I still have memories of the jets and the desperate calls 
				of the girls for help.�
			   
			The massacre of sixty one Tamil school girls and two staff members 
			by heavy aerial bombardment of the Senchcholai premises by Sri 
			Lankan President Rajapakse's men is the first such case ever to have 
			been documented in the world in the new millennium attributed to 
			government forces anywhere. 
 Additionally 129 girls were injured. Those who were injured, those 
			who escaped death, those who came in the aftermath as rescuers and 
			those who are relatives are all still traumatized by this incident.
 
 Not only was this attack targeted it was as Tamil National Alliance 
			MPS called it �pre-meditated, deliberate and vicious� and clearly 
			having genocidal intent.�
 
 It is the first case ever heard of where a government not only 
			boasted but also claimed responsibility for such a despicable and 
			cowardly act.
 
 In my view this is the most unforgivable act of state terrorism 
			inflicted on young girls each one of them just about to bloom into 
			womanhood � the ambitions and goals they would have nurtured were 
			destroyed with them.
 
 True men in uniform are not only men of valor in my estimate they�re 
			decent and dignified in their conduct so much so, they would rather 
			die than ever hurt women and children knowingly.
 
 Sixty one of tomorrow�s potential leaders and intellectuals, the 
			love and life of doting parents, guardians and siblings, the pride 
			and joy of the Tamil Nation were murdered in cold blood by one cruel 
			and barbaric State.
 
 The Senchcholai massacre has all the makings of a crime against 
			humanity which would justify the basis for a thorough investigation 
			and facilitate the prosecution of the perpetrators at the highest 
			level starting from the Sri Lankan President Mahinda Rajapakse at 
			the International Criminal Court (ICC). So we thought.
 
 Under customary international law a crime against humanity has the 
			following 5 elements: The crime committed has to be:
 
				
				1. One of a list of prohibited acts2. Committed as part of a widespread or systematic attack
 3. Pursuant to or in furtherance of a state or organizational 
				policy
 4. directed against any civilian population
 5. with knowledge
 
			I t could be said all of these 5 elements are satisfied in this 
			massacre. 
 On all of these Rajapakse and his men are culpable!
 
 But the truth is that Sri Lanka is NOT a party to 
			
			the Rome Treaty, therefore an action at the ICC would not be 
			possible. Sadly the ICC has no jurisdiction to hear the case since 
			Sri Lanka has not ratified the Rome Statute. Karen Parker is known 
			to have expressed concern over this.
 
 It�s a well known fact that the Senchcholai compound was designated 
			and respected as a �humanitarian zone� housing civilian population 
			and was accepted as such by international agencies such as the 
			UNICEF and the Red Cross with LTTE giving precise coordinates to the 
			Sri Lankan Army through the good offices of these agencies. UNICEF 
			had even held some seminars in the same building.
 
 SLMM official Mr. Hendricsson rejected Sri Lanka�s official 
			spokesman Minister Keheliya Rambukwella�s allegation that it was a 
			Tiger training camp. He said �we couldn�t find any sign of military 
			equipment or weapons. It was not a military installation.�
 
 Ann Veneman, UNICEF Executive Director referring to the children 
			who were killed said �these children are the innocent victims of 
			violence.� The Sri Lankan government�s allegation that they were 
			�Tamil Tiger Terrorists� has been found to be baseless. The young 
			victims of approximately 18 years of age following GCE (OL) and (AL) 
			classes selected from 18 schools in the Mullaitivu and Vanni 
			districts were undergoing first-aid, leadership skills and disaster 
			management training at Senchcholai. School Principals, civil 
			servants, the Education Board and injured students together with 
			NESOHR, ITRO, UNICEF and Amnesty International have all attested to 
			this.
 
 According to NESOHR press release dated Oct 1 2006 three of the 
			injured girls taken to Kandy hospital (outside of the NorthEast) 
			were placed under police custody, under the provisions of the 
			Prevention of Terrorism Act (PTA) and removed to an undisclosed 
			location for interrogation. Of the three one of them was taken away 
			from Kandy and is now under the custody of the Criminal 
			Investigation Department (CID) and two of them were sent back to 
			Vavuniya District hospital where one died. The post-mortem revealed 
			the student died of medical negligence while in Kandy; the latter 
			has been sent allegedly to Colombo for further treatment while 
			remaining under the custody of the CID.
 
 The two who were alive were coerced into making statements 
			favourable to SL government and were paraded like captive animals on 
			state television traumatized not only by the ordeal of the bombing 
			and injury but by the anguish and humiliation of making an untrue 
			statement under duress on national television.
 
 I spoke to Father Karunaratnam of 
			NESOHR 
			to find out the fate of these two girls Kasthuri Sripathy and 
			Sumithra Balasingham. I was shocked and outraged to find out that 
			even though no charges were filed against them, they were still 
			under police custody in Kandy and that Kasthuri is paralyzed and 
			could not walk.
 
 The Senchcholai massacre will feature as one of many incidents of 
			�Shame� for Sri Lanka.
 
 It�s also such a shame that the State responsible; the police state; 
			the rogue state; a failed state that is Sri Lanka has not been 
			condemned by other States. When will Rajapakse, the Commander in 
			Chief of the Sri Lankan Armed Forces and his men, the perpetrators 
			who committed this dastardly act, the murderers who snatched these 
			young lives in their prime ever be punished and when would these 
			young victims ever receive justice?
 
			  
			
			 
			Ladies and gentleman let me draw your attention to the mural on the 
			stage. A woman throwing up her arms in a sheer state of helplessness 
			depicted in the mural typifies our feelings of pain and outrage.
 
 This outcry by women; led by women; using the intellect, the 
			expertise and advocacy power of women, for women will continue until 
			justice is done.
 
 As we cherish the memories of these precious young lives let us vow 
			to be loyal to the cause for freedom of our Motherland and loyal to 
			those who are defending it.
 
 
 
				
				Sources: 1.Crimes 
				in Combat: Relationship between Crimes against Humanity and War 
				Crimes by W J Fenrick, 2004 [Mr. Fenrick has been a Senior 
				Legal Adviser in the Office of the Prosecutor of the 
				International Criminal Tribunal for the Former Yugoslavia since 
				1994. Until recently, he was the head of the Legal Advisory 
				Section. He is now the Senior Adviser on Law of War Matters.]
 3. 
				NESOHR 
				publications
 2. Tamil and Sinhalese Media reports
 3. Survivor�s Testimony
 
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