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
